Texas v. New Mexico and Colorado
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22o141 | Mar 20, 2024 | Jun 21, 2024 | 5-4 | Jackson | OT 2023 |
Holding: The motion to enter a proposed consent decree that would dispose of the United States" claims in the Rio Grande Compact without its consent is denied.
Judgment: Exception sustained, 5-4, in an opinion by Justice Jackson on June 21, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas, Alito, and Barrett joined.
SCOTUSblog Coverage
- Justices take up bid to overturn Oklahoma death sentence (Amy Howe, January 22, 2024)
- Opinion analysis: Texas compact claims against New Mexico over the Rio Grande River leave room for United States claims as well (Ryke Longest, March 5, 2018)
- Argument analysis: Justices press advocates on Rio Grande Compact and United States treaty obligations to Mexico (Ryke Longest, January 9, 2018)
- Argument preview: Interstate water dispute over Elephant Butte Reservoir and the Rio Grande Compact (Ryke Longest, January 2, 2018)
- Justices release January calendar (Amy Howe, November 17, 2017)
- Court issues orders from last weeks conference (Amy Howe, October 10, 2017)
| Date | Proceedings and Orders |
|---|---|
| 01/01/2013 | Documents filed with the Special Master may be found at http://www.ca8.uscourts.gov/texas-v-new-mexico-and-colorado-no-141-original |
| 01/08/2013 | Motion for leave to file a bill of complaint filed. (Response due March 11, 2013) |
| 03/11/2013 | Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
| 03/11/2013 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| 03/11/2013 | Brief of respondent Colorado in opposition filed. |
| 03/11/2013 | Brief amicus curiae of City of El Paso, Texas filed. |
| 03/11/2013 | Brief of respondent New Mexico in opposition filed. |
| 03/11/2013 | Brief amicus curiae of City of Las Cruces filed. |
| 03/22/2013 | Reply of petitioner Texas, filed. |
| 03/27/2013 | DISTRIBUTED for Conference of April 12, 2013. |
| 04/15/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/10/2013 | Brief amicus curiae of United States filed. |
| 12/31/2013 | Supplemental brief of respondent New Mexico filed. |
| 12/31/2013 | Supplemental brief of respondent Colorado filed. |
| 01/07/2014 | Motion for leave to file supplemental brief and supplemental brief in response to New Mexico's supplemental brief filed by petitioner Texas, Plaintiff. |
| 01/08/2014 | Motion DISTRIBUTED for Conference of January 24, 2014. |
| 01/27/2014 | Motion for leave to file a bill of complaint is GRANTED. Motion for leave to file supplemental brief is GRANTED. New Mexico is allowed 60 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. Plaintiff is allowed 45 days to file a response to the motion. A reply, if any, shall be filed within 15 days after the response is filed. |
| 02/27/2014 | Motion for leave to intervene filed by United States. |
| 03/10/2014 | Order extending time to file the Motion to Dismiss the Bill of Complaint filed by Texas to a date 30 days after the Court issues an order on the Motion for Leave to Intervene filed by the United States. Extension granted for all Respondents. |
| 03/10/2014 | Response in support of motion of the United States for leave to intervene as a plaintiff from petitioner Texas, Plaintiff filed. (Distributed) |
| 03/10/2014 | Response to motion of the United States for leave to intervene as a plaintiff, from respondent New Mexico filed. (Distributed) |
| 03/12/2014 | DISTRIBUTED for Conference of March 28, 2014. |
| 03/14/2014 | Reply of United States in support of motion to intervene filed. (Distributed) |
| 03/31/2014 | Motion for leave to intervene filed by United States GRANTED. |
| 04/30/2014 | Motion to dismiss Texas' Complaint and the United States' Complaint in Intervention filed by respondent New Mexico. |
| 04/30/2014 | Brief amicus curiae of City of Las Cruces filed. |
| 05/08/2014 | Lodging Request received from Counsel for New Mexico. |
| 06/16/2014 | Brief for the United States in opposition to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed. |
| 06/16/2014 | Texas's Brief in Response to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed. |
| 06/16/2014 | Brief amicus curiae of City of El Paso, Texas filed. |
| 06/16/2014 | Lodging request received from the City of El Paso, Texas |
| 06/16/2014 | Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
| 06/16/2014 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| 06/17/2014 | Objection to New Mexico's Lodging Request filed by Counsel for Texas. |
| 07/01/2014 | Reply of respondent New Mexico filed. |
| 07/09/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 11/03/2014 | It is ordered that A. Gregory Grimsal, Esquire, of New Orleans, Louisiana, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. |
| 11/06/2014 | Oath of Special Master filed. |
| 12/03/2014 | Motion for leave to intervene filed by Elephant Butte Irrigation District. |
| 12/10/2014 | Order extending time to file response to Motion for leave to intervene to and including January 29, 2015, for all parties. |
| 01/29/2015 | Response in opposition to Elephant Butte Irrigation District's motion for leave to intervene from United States filed. |
| 01/29/2015 | Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed. |
| 01/29/2015 | Response to Elephant Butte Irrigation District's motion to intervene from petitioner Texas, Plaintiff filed. |
| 01/29/2015 | Response to Elephant Butte Irrigation District's motion to intervene from respondent Colorado filed. |
| 02/02/2015 | Order extending time to file a reply to the responses to the motion to intervene by Elephant Butte Irrigation District to and including March 20, 2015. |
| 03/20/2015 | Reply to Briefs Opposing Motion for Leave to Intervene of Hernandez, Steven Landeros Elephant Butte Irrigation District filed. |
| 04/08/2015 | Motion DISTRIBUTED for Conference of April 24, 2015. |
| 04/22/2015 | Motion for leave to intervene filed by El Paso County Water Improvement District No. 1. |
| 04/24/2015 | Order extending time to file response to motion to intervene file by El Paso County Water Improvement District No. 1 granted to and including June 10, 2015, for all parties. Reply briefs are due July 10, 2015. |
| 04/27/2015 | Motion for leave to intervene filed by Elephant Butte Irrigation District referred to the Special Master. |
| 05/06/2015 | First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 05/19/2015 | Motion DISTRIBUTED for Conference of June 4, 2015. |
| 05/26/2015 | Order extending time to file a response to the Special Master's motion for Allowance of Fees and Disbursements to and including June 12, 2015 for all parties. |
| 06/10/2015 | Brief of United States in opposition to El Paso County Water Improvement District No. 1's motion for leave to intervene filed. |
| 06/10/2015 | Brief in response to El Paso County Water Improvement District No. 1's motion for leave to intervene of Texas, Plaintiff filed. |
| 06/10/2015 | Response in opposition to motion of El Paso County Water Improvement District No. 1 for leave to intervene by respondent New Mexico filed. |
| 06/10/2015 | Response to El Paso County Water Improvement District No. 1's motion for leave to intervene from respondent Colorado filed. |
| 06/17/2015 | Motion DISTRIBUTED for Conference of September 28, 2015. |
| 07/10/2015 | Reply in Support of Motion of El Paso County Water Improvement District No. 1 for leave to intervene filed by El Paso County Water Improvement District No. 1 . |
| 07/15/2015 | Motion of El Paso County Water Improvement District No. 1 for leave to intervene DISTRIBUTED for Conference of September 28, 2015. |
| 07/15/2015 | Motion of the Special Master for Allowance of Fees and Disbursements. DISTRIBUTED for Conference of September 28, 2015. |
| 10/05/2015 | Motion for leave to intervene filed by El Paso County Water Improvement District No. 1 referred to the Special Master. |
| 10/05/2015 | The First Interim motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $195,461.53 for the period November 3, 2014, through April 30, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado. |
| 11/02/2015 | Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 11/12/2015 | Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico. |
| 11/18/2015 | Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015. |
| 11/23/2015 | Motion DISTRIBUTED for Conference of December 11, 2015. |
| 05/17/2016 | Motion DISTRIBUTED for Conference of May 19, 2016. |
| 05/20/2016 | Rescheduled. |
| 05/20/2016 | Letter from Special Master regarding fees received. |
| 05/31/2016 | The Second Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 20, 2016, is GRANTED, and the Special Master is awarded a total of $200,000.00, for the period May 1, 2015, through October 31, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado. |
| 02/13/2017 | First Interim Report of the Special Master received. |
| 03/01/2017 | Special Master Report DISTRIBUTED for Conference of March 17, 2017. |
| 03/13/2017 | Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 03/20/2017 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| 03/31/2017 | The March 30, 2017, joint request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before June 9, 2017; Replies are due on or before July 28, 2017; Sur-replies are due on or before September 1, 2017. |
| 05/22/2017 | The Third Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 17, 2017, is GRANTED, and the Special Master is awarded a total of $219,125.57, for the period November 2, 2015, through March 13, 2017, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado. |
| 06/09/2017 | Exception of the United States and Brief in support of Exception filed. |
| 06/09/2017 | Exceptions to the First Interim Report of the Special Master filed by Colorado |
| 06/09/2017 | Exceptions to the First Interim Report of the Special Master filed by New Mexico. |
| 06/09/2017 | Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority filed. |
| 06/09/2017 | Brief amicus curiae of City of Las Cruces filed. |
| 06/09/2017 | Motion for leave to file amicus brief filed by New Mexico Pecan Growers. |
| 06/09/2017 | Motion for leave to file amicus brief filed by New Mexico State University. |
| 06/20/2017 | Letter from the Acting Solicitor General proposing to lodge non-record material with the Court. |
| 07/28/2017 | Reply of United States to the exceptions of the report of the Special Master filed. |
| 07/28/2017 | Reply of New Mexico to the exceptions to the report of the Special Master filed. |
| 07/28/2017 | Reply of Colorado to the exceptions to the report of the Special Master filed. |
| 07/28/2017 | Reply of Texas to the exceptions to the report of the Special Master filed. |
| 07/28/2017 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. (corrected) |
| 07/28/2017 | Brief amicus curiae of City of El Paso, TX filed. |
| 07/28/2017 | Brief amicus curiae of Elephant Butte Irrigation District filed. |
| 08/04/2017 | Brief amicus curiae of Kansas filed. |
| 08/31/2017 | Texas's Sur Reply filed. |
| 09/01/2017 | Sur Reply for the United States filed. |
| 09/01/2017 | New Mexico's Sur Reply filed. |
| 09/01/2017 | Colorado's Sur Reply filed. |
| 10/10/2017 | Motion for leave to file amicus brief filed by New Mexico State University GRANTED. |
| 10/10/2017 | Motion for leave to file amicus brief filed by New Mexico Pecan Growers GRANTED. |
| 10/10/2017 | New Mexico's motion to dismiss Texas's complaint is DENIED. |
| 10/10/2017 | The motion of Elephant Butte Irrigation District for leave to intervene is DENIED. |
| 10/10/2017 | The motion of El Paso County Water Improvement District No. 1 for leave to intervene is DENIED. |
| 10/10/2017 | The exception of the United States and the first exception of Colorado to the First Interim Report of the Special Master (Feb. 13, 2017) are set for oral argument in due course. |
| 11/17/2017 | SET FOR ARGUMENT ON Monday, January 8, 2018 |
| 11/17/2017 | Motion for divided argument filed by the United States. |
| 12/11/2017 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 01/08/2018 | Argued. For United States, as intervenor: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For plaintiff: Scott A. Keller, Solicitor General of Texas, Austin, Texas. For defendant Colorado: Frederick R. Yarger, Solicitor General of Colorado, Denver, Colo. For defendant New Mexico: Marcus J. Rael, Jr., Albuquerque, N. M. |
| 03/05/2018 | United States's exception sustained; all other exceptions overruled; and case remanded. Gorsuch, J., delivered the opinion for a unanimous Court. |
| 04/02/2018 | A. Gregory Grimsal, Esq., of New Orleans, Louisiana, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable Michael J. Melloy, of Cedar Rapids, Iowa, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court. |
| 04/06/2018 | Oath received from Special Master |
| 04/17/2018 | Final Motion of the former Special Master for allowance of fees and disbursements. |
| 04/24/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/14/2018 | The final motion of the former Special Master for allowance of fees and disbursements is GRANTED, and the former Special Master is awarded a total of $10,101.86, for the period March 13, 2017, through April 2, 2018, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States, and 5% by Colorado. |
| 05/23/2018 | Answer of New Mexico to Texas Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
| 05/23/2018 | Answer of New Mexico to United States Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
| 05/23/2018 | New Mexico Counterclaims filed with the Special Master May 23, 2018, received by the Court May 30, 2018. |
| 07/20/2018 | Answer of Texas to New Mexico's Counterclaims filed with the Special Master July 20, 2018, received by the Court July 24, 2018. |
| 07/23/2018 | Answer of United States to New Mexico's counterclaims filed with the Special Master July 23, 2018, received by the Court July 23, 2018. |
| 03/20/2019 | Motion for leave to intervene filed by Nathan Boyd Estate, et al. |
| 03/22/2019 | Motion to extend the time to file responses to the motion for leave to intervene from April 1, 2019 to April 19, 2019, submitted to The Clerk. |
| 03/27/2019 | Motion to extend the time to file responses to the motion for leave to intervene is granted and the time is extended to and including April 19, 2019, for all parties. |
| 04/18/2019 | Response to motion for leave to intervene from petitioner Texas filed. |
| 04/19/2019 | Motion to extend the time to file response to the motion for leave to intervene from April 19, 2019 to May 20, 2019, submitted to The Clerk. |
| 04/19/2019 | Motion to extend the time to file response to the motion for leave to intervene is granted and the time is extended to and including May 20, 2019. |
| 04/19/2019 | Response to motion for leave to intervene from respondent Colorado filed. |
| 04/19/2019 | Response to motion for leave to intervene from respondent New Mexico filed. |
| 04/23/2019 | Motion to extend the time to file reply in support of motion for leave to intervene to June 10, 2019, submitted to the Clerk. |
| 04/26/2019 | Motion to extend the time to file reply in support of motion for leave to intervene is granted, and the time is extended to June 10, 2019. |
| 05/20/2019 | Brief for the United States in Opposition to the Motion for Leave to Intervene of the Nathan Boyd Estate, et al. filed. |
| 05/28/2019 | DISTRIBUTED for Conference of 6/13/2019. |
| 06/05/2019 | Application (18A1271) to file a reply in excess of the word limit, submitted to Justice Alito. |
| 06/07/2019 | Reply of Nathan Boyd Estate, et al. filed. |
| 06/10/2019 | Letter withdrawing application (18A1271) to to file a reply in excess of the word limit received. |
| 06/17/2019 | Motion for leave to intervene filed by Nathan Boyd Estate, et al. referred to the Special Master. |
| 12/03/2019 | Second Interim Report of the Special Master received. |
| 12/18/2019 | DISTRIBUTED for Conference of 1/10/2020. |
| 01/13/2020 | The Second Interim Report of the Special Master on the motion of Nathan Boyd Estate, et al. for leave to intervene is received and ordered filed. The motion of Nathan Boyd Estate, et al. for leave to intervene is denied. |
| 07/03/2023 | Third Interim Report of the Special Master received. |
| 07/24/2023 | The Third Interim Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| 08/31/2023 | Joint motion for an extension of time filed. |
| 09/05/2023 | Revised joint motion for an extension of time filed. |
| 09/06/2023 | The revised joint motion for an extension is granted. Exceptions to the Third Interim Report of the Special Master, with supporting briefs, may be filed by October 6, 2023. Replies, if any, with supporting briefs, may be filed by December 4, 2023. Sur-replies, if any, with supporting briefs, may be filed by January 3, 2024. |
| 10/06/2023 | Exception of the United States and brief for the United States in support of exception filed. |
| 10/06/2023 | Joint notice that Texas, New Mexico and Colorado have no exceptions to the Third Interim Report of the Special Master filed. |
| 10/13/2023 | Brief amicus curiae of Elephant Butte Irrigation District filed. |
| 10/13/2023 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| 12/04/2023 | Joint reply to exception of the United States by Texas, New Mexico, and Colorado filed. |
| 12/07/2023 | Brief amicus curiae of New Mexico Pecan Growers, et al. filed. |
| 12/08/2023 | Brief amicus curiae of New Mexico State University, et al. filed. |
| 12/11/2023 | Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority, et al. filed. |
| 12/11/2023 | Brief amicus curiae of water law professors filed. |
| 12/11/2023 | Brief amicus curiae of Utah, et al. filed. |
| 01/03/2024 | DISTRIBUTED for Conference of 1/19/2024. |
| 01/03/2024 | Sur-reply of the United States filed. |
| 01/22/2024 | The exception to the Third Interim Report of the Special Master is set for oral argument in due course. |
| 01/29/2024 | SET FOR ARGUMENT on Wednesday, March 20, 2024. |
| 02/07/2024 | Motion for divided argument filed by Texas and New Mexico. |
| 02/20/2024 | Motion for divided argument filed by Texas and New Mexico GRANTED. |
| 03/20/2024 | Argued. For United States: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas: Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. For New Mexico: Jeffrey J. Wechsler, Santa Fe, N. M. |
| 06/21/2024 | EXCEPTION SUSTAINED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined. |
| 07/17/2024 | The Honorable Michael J. Melloy, of Cedar Rapids, Iowa, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable D. Brooks Smith, of Duncansville, Pennsylvania, is appointed Special Master in this case with authority to fix the time and condition for proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit reports as he may deem appropriate. The cost of printing his reports, and all other proper expenses, including travel expenses, shall be submitted to the Court. |