The Supreme Court on Monday sided with New Mexico in a water dispute with Texas.
After a 2014 tropical storm resulted in heavy rainfall in the Pecos River, which runs through both states, New Mexico agreed to store water for Texas to prevent flooding, according to the court decision.
The water was released months later, but during that time, some of it evaporated.
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At issue in the case was whether, under an agreement requiring equitable use of the river’s water, the water that had evaporated should count toward what New Mexico gave to Texas even though it didn’t actually get delivered.
A court-appointed river master decided that New Mexico should get credit for the evaporated water, and the court upheld that decision Monday, denying Texas’s request to review it.
The high court’s opinion cited the River Master’s Manual, which it said states that when the water is stored “at the request of Texas,” the amount of water that New Mexico has to get to Texas “will be reduced by the amount of reservoir losses attributable to its storage.”
“Here, the water was stored in New Mexico at the request of Texas, so New Mexico’s delivery obligation must be reduced by the amount of water that evaporated during its storage,” said the opinion, penned by Justice Brett KavanaughBrett Michael KavanaughSupreme Court gives New Mexico a win in water dispute with Texas Trump says election challenges ‘not over’ Biden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit MORE.
Kavanaugh was joined by all of the other justices except for Amy Coney BarrettAmy Coney BarrettWhite House security official lost foot and part of leg battling COVID-19: report Supreme Court gives New Mexico a win in water dispute with Texas Americans’ health at stake: Georgia Senate run-offs decide future MORE, who did not participate, and Samuel AlitoSamuel AlitoHillicon Valley: Lawmakers call for action after ‘devastating’ cyberattack on federal government | US cyber agency issues emergency directive following hacks | FTC opens privacy study into major internet platforms Supreme Court gives New Mexico a win in water dispute with Texas Dershowitz: Supreme Court ruling shows ‘you can’t count on the judiciary’ if you’re Team Trump MORE.
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Alito wrote that the river master should redo the analysis, arguing that deadlines were violated and that the decisions to store and release the water were actually made by the federal Bureau of Reclamation.
Kayleigh Date, a spokesperson for the Texas Attorney General’s office, told The Hill in a statement that “although we are disappointed with the result from the Court, we look forward to continuing our collaborative work with New Mexico in administering the Pecos River Compact going forward.”
— Updated at 6:35 p.m.