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 week’s conference (Amy Howe, October 10, 2017)
| Date | Proceedings and Orders |
|---|---|
| Jan 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 |
| Jan 08 2013 | Motion for leave to file a bill of complaint filed. (Response due March 11, 2013) |
| Mar 11 2013 | Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
| Mar 11 2013 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| Mar 11 2013 | Brief of respondent Colorado in opposition filed. |
| Mar 11 2013 | Brief amicus curiae of City of El Paso, Texas filed. |
| Mar 11 2013 | Brief of respondent New Mexico in opposition filed. |
| Mar 11 2013 | Brief amicus curiae of City of Las Cruces filed. |
| Mar 22 2013 | Reply of petitioner Texas, filed. |
| Mar 27 2013 | DISTRIBUTED for Conference of April 12, 2013. |
| Apr 15 2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 10 2013 | Brief amicus curiae of United States filed. |
| Dec 31 2013 | Supplemental brief of respondent New Mexico filed. |
| Dec 31 2013 | Supplemental brief of respondent Colorado filed. |
| Jan 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. |
| Jan 08 2014 | Motion DISTRIBUTED for Conference of January 24, 2014. |
| Jan 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. |
| Feb 27 2014 | Motion for leave to intervene filed by United States. |
| Mar 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. |
| Mar 10 2014 | Response in support of motion of the United States for leave to intervene as a plaintiff from petitioner Texas, Plaintiff filed. (Distributed) |
| Mar 10 2014 | Response to motion of the United States for leave to intervene as a plaintiff, from respondent New Mexico filed. (Distributed) |
| Mar 12 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 14 2014 | Reply of United States in support of motion to intervene filed. (Distributed) |
| Mar 31 2014 | Motion for leave to intervene filed by United States GRANTED. |
| Apr 30 2014 | Motion to dismiss Texas' Complaint and the United States' Complaint in Intervention filed by respondent New Mexico. |
| Apr 30 2014 | Brief amicus curiae of City of Las Cruces filed. |
| May 08 2014 | Lodging Request received from Counsel for New Mexico. |
| Jun 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. |
| Jun 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. |
| Jun 16 2014 | Brief amicus curiae of City of El Paso, Texas filed. |
| Jun 16 2014 | Lodging request received from the City of El Paso, Texas |
| Jun 16 2014 | Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
| Jun 16 2014 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| Jun 17 2014 | Objection to New Mexico's Lodging Request filed by Counsel for Texas. |
| Jul 01 2014 | Reply of respondent New Mexico filed. |
| Jul 09 2014 | DISTRIBUTED for Conference of September 29, 2014. |
| Nov 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. |
| Nov 06 2014 | Oath of Special Master filed. |
| Dec 03 2014 | Motion for leave to intervene filed by Elephant Butte Irrigation District. |
| Dec 10 2014 | Order extending time to file response to Motion for leave to intervene to and including January 29, 2015, for all parties. |
| Jan 29 2015 | Response in opposition to Elephant Butte Irrigation District's motion for leave to intervene from United States filed. |
| Jan 29 2015 | Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed. |
| Jan 29 2015 | Response to Elephant Butte Irrigation District's motion to intervene from petitioner Texas, Plaintiff filed. |
| Jan 29 2015 | Response to Elephant Butte Irrigation District's motion to intervene from respondent Colorado filed. |
| Feb 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. |
| Mar 20 2015 | Reply to Briefs Opposing Motion for Leave to Intervene of Hernandez, Steven Landeros Elephant Butte Irrigation District filed. |
| Apr 08 2015 | Motion DISTRIBUTED for Conference of April 24, 2015. |
| Apr 22 2015 | Motion for leave to intervene filed by El Paso County Water Improvement District No. 1. |
| Apr 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. |
| Apr 27 2015 | Motion for leave to intervene filed by Elephant Butte Irrigation District referred to the Special Master. |
| May 06 2015 | First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| May 19 2015 | Motion DISTRIBUTED for Conference of June 4, 2015. |
| May 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. |
| Jun 10 2015 | Brief of United States in opposition to El Paso County Water Improvement District No. 1's motion for leave to intervene filed. |
| Jun 10 2015 | Brief in response to El Paso County Water Improvement District No. 1's motion for leave to intervene of Texas, Plaintiff filed. |
| Jun 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. |
| Jun 10 2015 | Response to El Paso County Water Improvement District No. 1's motion for leave to intervene from respondent Colorado filed. |
| Jun 17 2015 | Motion DISTRIBUTED for Conference of September 28, 2015. |
| Jul 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 . |
| Jul 15 2015 | Motion of El Paso County Water Improvement District No. 1 for leave to intervene DISTRIBUTED for Conference of September 28, 2015. |
| Jul 15 2015 | Motion of the Special Master for Allowance of Fees and Disbursements. DISTRIBUTED for Conference of September 28, 2015. |
| Oct 05 2015 | Motion for leave to intervene filed by El Paso County Water Improvement District No. 1 referred to the Special Master. |
| Oct 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. |
| Nov 02 2015 | Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Nov 12 2015 | Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico. |
| Nov 18 2015 | Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015. |
| Nov 23 2015 | Motion DISTRIBUTED for Conference of December 11, 2015. |
| May 17 2016 | Motion DISTRIBUTED for Conference of May 19, 2016. |
| May 20 2016 | Rescheduled. |
| May 20 2016 | Letter from Special Master regarding fees received. |
| May 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. |
| Feb 13 2017 | First Interim Report of the Special Master received. |
| Mar 01 2017 | Special Master Report DISTRIBUTED for Conference of March 17, 2017. |
| Mar 13 2017 | Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Mar 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. |
| Mar 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. |
| May 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. |
| Jun 09 2017 | Exception of the United States and Brief in support of Exception filed. |
| Jun 09 2017 | Exceptions to the First Interim Report of the Special Master filed by Colorado |
| Jun 09 2017 | Exceptions to the First Interim Report of the Special Master filed by New Mexico. |
| Jun 09 2017 | Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority filed. |
| Jun 09 2017 | Brief amicus curiae of City of Las Cruces filed. |
| Jun 09 2017 | Motion for leave to file amicus brief filed by New Mexico Pecan Growers. |
| Jun 09 2017 | Motion for leave to file amicus brief filed by New Mexico State University. |
| Jun 20 2017 | Letter from the Acting Solicitor General proposing to lodge non-record material with the Court. |
| Jul 28 2017 | Reply of United States to the exceptions of the report of the Special Master filed. |
| Jul 28 2017 | Reply of New Mexico to the exceptions to the report of the Special Master filed. |
| Jul 28 2017 | Reply of Colorado to the exceptions to the report of the Special Master filed. |
| Jul 28 2017 | Reply of Texas to the exceptions to the report of the Special Master filed. |
| Jul 28 2017 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. (corrected) |
| Jul 28 2017 | Brief amicus curiae of City of El Paso, TX filed. |
| Jul 28 2017 | Brief amicus curiae of Elephant Butte Irrigation District filed. |
| Aug 04 2017 | Brief amicus curiae of Kansas filed. |
| Aug 31 2017 | Texas's Sur Reply filed. |
| Sep 01 2017 | Sur Reply for the United States filed. |
| Sep 01 2017 | New Mexico's Sur Reply filed. |
| Sep 01 2017 | Colorado's Sur Reply filed. |
| Oct 10 2017 | Motion for leave to file amicus brief filed by New Mexico State University GRANTED. |
| Oct 10 2017 | Motion for leave to file amicus brief filed by New Mexico Pecan Growers GRANTED. |
| Oct 10 2017 | New Mexico's motion to dismiss Texas's complaint is DENIED. |
| Oct 10 2017 | The motion of Elephant Butte Irrigation District for leave to intervene is DENIED. |
| Oct 10 2017 | The motion of El Paso County Water Improvement District No. 1 for leave to intervene is DENIED. |
| Oct 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. |
| Nov 17 2017 | SET FOR ARGUMENT ON Monday, January 8, 2018 |
| Nov 17 2017 | Motion for divided argument filed by the United States. |
| Dec 11 2017 | Motion for divided argument filed by the Solicitor General GRANTED. |
| Jan 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. |
| Mar 05 2018 | United States's exception sustained; all other exceptions overruled; and case remanded. Gorsuch, J., delivered the opinion for a unanimous Court. |
| Apr 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. |
| Apr 06 2018 | Oath received from Special Master |
| Apr 17 2018 | Final Motion of the former Special Master for allowance of fees and disbursements. |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 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. |
| May 23 2018 | Answer of New Mexico to Texas Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
| May 23 2018 | Answer of New Mexico to United States Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
| May 23 2018 | New Mexico Counterclaims filed with the Special Master May 23, 2018, received by the Court May 30, 2018. |
| Jul 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. |
| Jul 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. |
| Mar 20 2019 | Motion for leave to intervene filed by Nathan Boyd Estate, et al. |
| Mar 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. |
| Mar 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. |
| Apr 18 2019 | Response to motion for leave to intervene from petitioner Texas filed. |
| Apr 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. |
| Apr 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. |
| Apr 19 2019 | Response to motion for leave to intervene from respondent Colorado filed. |
| Apr 19 2019 | Response to motion for leave to intervene from respondent New Mexico filed. |
| Apr 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. |
| Apr 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. |
| May 20 2019 | Brief for the United States in Opposition to the Motion for Leave to Intervene of the Nathan Boyd Estate, et al. filed. |
| May 28 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 05 2019 | Application (18A1271) to file a reply in excess of the word limit, submitted to Justice Alito. |
| Jun 07 2019 | Reply of Nathan Boyd Estate, et al. filed. |
| Jun 10 2019 | Letter withdrawing application (18A1271) to to file a reply in excess of the word limit received. |
| Jun 17 2019 | Motion for leave to intervene filed by Nathan Boyd Estate, et al. referred to the Special Master. |
| Dec 03 2019 | Second Interim Report of the Special Master received. |
| Dec 18 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Jan 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. |
| Jul 03 2023 | Third Interim Report of the Special Master received. |
| Jul 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. |
| Aug 31 2023 | Joint motion for an extension of time filed. |
| Sep 05 2023 | Revised joint motion for an extension of time filed. |
| Sep 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. |
| Oct 06 2023 | Exception of the United States and brief for the United States in support of exception filed. |
| Oct 06 2023 | Joint notice that Texas, New Mexico and Colorado have no exceptions to the Third Interim Report of the Special Master filed. |
| Oct 13 2023 | Brief amicus curiae of Elephant Butte Irrigation District filed. |
| Oct 13 2023 | Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
| Dec 04 2023 | Joint reply to exception of the United States by Texas, New Mexico, and Colorado filed. |
| Dec 07 2023 | Brief amicus curiae of New Mexico Pecan Growers, et al. filed. |
| Dec 08 2023 | Brief amicus curiae of New Mexico State University, et al. filed. |
| Dec 11 2023 | Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority, et al. filed. |
| Dec 11 2023 | Brief amicus curiae of water law professors filed. |
| Dec 11 2023 | Brief amicus curiae of Utah, et al. filed. |
| Jan 03 2024 | DISTRIBUTED for Conference of 1/19/2024. |
| Jan 03 2024 | Sur-reply of the United States filed. |
| Jan 22 2024 | The exception to the Third Interim Report of the Special Master is set for oral argument in due course. |
| Jan 29 2024 | SET FOR ARGUMENT on Wednesday, March 20, 2024. |
| Feb 07 2024 | Motion for divided argument filed by Texas and New Mexico. |
| Feb 20 2024 | Motion for divided argument filed by Texas and New Mexico GRANTED. |
| Mar 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. |
| Jun 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. |
| Jul 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. |
