Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
Texas v. New Mexico (Rio Grande Compact)
Texas v. New Mexico
Approved by Congress in 1938, the Rio Grande Compact is an interstate agreement that apportions the waters of the Rio Grande River among Colorado, New Mexico, and Texas. The Compact relies on the Federal Bureau of Reclamation’s operation of an irrigation system called the Rio Grande Project. Under the Compact, New Mexico must deliver a certain amount of water to the Elephant Butte Reservoir, located in southern New Mexico. Then, in accordance with agreements called the “Downstream Contracts,” Reclamation releases specified amounts of water from the Reservoir for delivery to two water districts in New Mexico and Texas. In 2013, Texas filed suit in this Court against the Compact’s other two signatory States, alleging that excessive groundwater pumping in New Mexico was depleting supplies of Rio Grande water bound for Texas. The United States sought to intervene, alleging essentially the same claims as Texas. In 2018, this Court allowed the United States to intervene, holding that the United States “has an interest in seeing that water is deposited in the [Elephant Butte] Reservoir consistent with the Compact’s terms,” as that “is what allows the United States to meet its duties under the Downstream Contracts, which are themselves essential to the fulfillment of the Compact’s expressly stated purpose.” Texas v. New Mexico, 583 U. S. 401, 414 (2018). Texas and New Mexico now seek approval of a proposed consent decree that would resolve this case and codify a methodology for allocating each State’s share of the Rio Grande’s waters. The Special Master recommended that this Court approve the consent decree, but the United States objected and filed an exception to the Special Master’s report.
Held: Because the proposed consent decree would dispose of the United States’ Compact claims without its consent, the States’ motion to enter the consent decree is denied.
Read by Jeff Barnum.
