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Texas v. New Mexico

ELR Citation: 50 ELR 20263
Nos. 65, (U.S., 12/14/2020)

The U.S. Supreme Court denied, 8-0, Texas' motion to review a river master's final determination in a long-running dispute over how Texas and New Mexico share water. Texas challenged the river master's determination that New Mexico was entitled to delivery credit for water that evaporated while it was storing water for Texas, arguing that it should have received credit for the evaporated water. New Mexico counterargued that Texas was not entitled to credit because the water was stored in New Mexico at Texas' request. The Court found that the text of the Pecos River Compact between the two states and the record evidence of the states' correspondence established that New Mexico was entitled to delivery credit for the water that evaporated while New Mexico was storing it. It therefore denied Texas' motion to review the river master's final determination. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part. Barrett, J., took no part in the consideration or decision of the case.