texas new mexico lawsuit

141 Original Texas v. New Mexico and Colorado, is an extension ofdecades-long fightsover rivers between Texas and New Mexico. Judge Michael Melloy, who oversees the case as special master, postponed the second part of the trial in an order issued last week and gave parties until March 1 to let the court know how settlement talks are proceeding. States keep taking it. All rights reserved. Tribes need tax revenue. In response, Texas filed a lawsuit against New Mexico in the U.S. Supreme Court in 2014, alleging New Mexico takes more than its fair share of the water through diversion and groundwater pumping. I am taking legal action because I want to mitigate dangers to our environment and to other energy sectors, Balderas said. The ruling was finalized in 1987, where the Supreme Court laid out the duties and responsibilities for the river masters position, only the second one in the nation. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Hearings begin today over the legality of a string of buoys in the Rio Grande. This is an edited version of a story that originally appeared in El Paso Matters. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Nearly 80% of its water is used in agriculture, but its also a major source of water for cities like Albuquerque and El Paso. The project, an expansion of the companys facility in Andrews that holds low-level waste, would ultimately hold up to 40,000 metric tons of the high-level waste temporarily until a permanent repository is available. Sign up for our free newsletter. This is an edited version of a story that originally appeared in El Paso Matters. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Attorneys for New Mexico filed for a dismissal, denying the claims. in 2018 against Texas and the U.S. Bureau of Reclamation. The Supreme Court denied a petition for writ of mandamus sought by Texas-New Mexico Power Co. (TNM) in this negligence action, holding that Plaintiffs' claim was not one within the Public Utility Commission's (PUC) exclusive original jurisdiction because it was not about TNM's operations and services as a utility. 1 agreed to share water throughout the drought. of experience in water management, said the Supreme Court uses special masters to conduct extensive research, establish a record and make recommendations to the court in these water management cases. The state governments of Texas and New Mexico have spent more than $30 million combined on legal fees in the fightover Rio Grande water, which is now before the United States Supreme Court. The scheduled hearing in Austin comes days after Texas, which installed the water barrier on the Rio Grande in July near the border city of Eagle Pass, repositioned the wrecking ball-sized buoys closer to U.S. soil. In an online status conference Tuesday, attorneys representing New Mexico, Texas and Colorado told special master Michael Melloy, who presides over the case, they reached a settlement. Our stories may be republished online or in print under Creative Commons licence CC BY-NC-ND 4.0. That penalty set the precedent that New Mexico and other states in water fights are required to comply with compacts, and can face penalties for not doing so. I dont know whether they were true or not, Abbott said. The court declined, citing the compacts limits on voting members. Tell us about those. El Paso Water lawsuit against New Mexico Environment What the Texas-New Mexico dispute over the Pecos River can The lawsuit, called No. (Source: KABB/WOAI/CNN), Woman arrested for smuggling drugs into correctional facility, FHP: Marianna man dies after single-car crash, Woman found guilty of murdering her boyfriend, Fountain transient charged in home invasion, Stadium named after talented Bay County athlete, WWII hero, 93-year-old bachelor to marry woman he met 64 years ago, Child dies, several hurt in school bus crash north of Dayton, Ohio, authorities say. Neither Texas nor New Mexico were parties to the agreement. Melloy described the compromise as splitting the baby a little bit, because both parties would have to show pieces of their case to their opponents. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. New U.S. House Natural Resources chair opposes limits on, Maya Srikrishnan, Center For Public Integrity. New Mexico and Colorado is the latest lawsuit over water between in the Supreme Court against New Mexico and Colorado in 2013, alleging that New Mexico violated the agreement the states made about Rio Grande water and took more than its fair share. While law enforcement continues to enforce state marijuana laws, New We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. State proposes 7% teacher salary raise next year as part of $3.85 billion budget ask, Your California Privacy Rights / Privacy Policy. Accuracy and availability may vary. To read the original go here. He decided the trial will be pushed back but only by a few weeks. 141 Original Texas v. New Mexico and Colorado, is an extension ofdecades-long fightsover rivers between Texas and New Mexico. Instead, he said, the historical decisions earlier in the dispute are the keys to understanding the consequences of states high-stakes lawsuits over water. After years of rulings determining the scope of the case and the parties, the virtual portion of the two-part trial started in October. Two divisions of the Texas Office of the Attorney General have also billed a total of $432,625 for their time, travel and overhead expenses. Negotiations continue on a proposed settlement I do think we could separate out the issues in a way that we could, over the next two or three months, get a number of weeks of testimony concluded this fall and leave the more complex testimony for the spring, Melloy said. Two divisions of the Texas Office of the Attorney General have also billed a total of $432,625 for their time, travel and overhead expenses. Judge to consider Tuesday if Texas can keep its floating barrier There was an error and we couldn't process your subscription. Both law firms entered into a sole-source agreement, meaning the contract was not competitively bid out. Circuit Court of Appeals, concluded in mid-November. New Mexico Attorney General Hector Balderas lauded the proposed settlement and criticized the position of the United States in a statement Tuesday. The stakes are really high for these disputes, Benson said. "H.B. Texas alleges in the lawsuit that New Mexico farmers pumping of groundwater has reduced Texas water supplies by millions of gallons each year. Benson covered the Pecos case for SCOTUSblog during its latest development in October 2020. Danielle Prokop is a climate change and environment reporter with El Paso Matters. The state governments of Texas and New Mexico have spent more than $30 million combined on legal fees in the fightover Rio Grande water, which is now before the United States Supreme Court. Were here to serve you. Toxic water project sparks controversy with Navajo neighbors, Maya Srikrishnan, Center For Public Integrity. The headwaters of the Pecos start in the Sangre de Cristo mountains in north-central New Mexico, flowing across West Texas, before emptying into the Rio Grande near the Amistad Reservoir, 400 miles southeast of El Paso. "The settlement ensures that Texas and New Mexico receive their fair share of water," said Jeffrey Wechsler, special assistant to the New Mexico Attorney General. Texas moves large floating barrier on US-Mexico border closer to She can be reached atdprokop@elpasomatters.org. Please consider making a donation today so we can cover the stories that matter most. The office asked for the start date to be pushed back to March 2022, allowing Somach to attend in person or prepare another attorney. So what's at stake then with this lawsuit brought by the Department of Justice against the state of Texas? They're not happy that it was in their sovereign territory. After nine years, Texas v. New Mexico may be nearing a conclusion. There is presently no permanent holding place for the waste and critics of the project feared it could become a de facto permanent resting place for the waste. Grimsal, the then-special master, finalized his first report in 2016, recommending the court reject New Mexicos motion for dismissal, allow the federal government to join the lawsuit and reject irrigation districts joining as members to the suit. I would anticipate anyway, that this case could still have quite a ways to go., by Danielle Prokop, El Paso Matters, Source New Mexico August 31, 2021. They also cited costs and scheduling issues they would incur if the trials start date were pushed back. This isnt the first fight New Mexico and Texas had over the Rio Grande. Jerri Mares, New Mexico attorney generals office spokesperson, said in a statement the office wants to ensure New Mexico farmers and small businesses get a fair water deal.. Jerri Mares, New Mexico attorney generals office spokesperson, said in a statement the office wants to ensure New Mexico farmers and small businesses get a fair water deal.. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Trial starts in Rio Grande Supreme Court water lawsuit between Thats a pretty messed up structure, Benson said. Power outage darkens Pan American Center, delays basketball game. 0:13. This story was originally published by El Paso Matters. After years of rulings determining the scope of the case and the parties, the virtual portion of the two-part trial started in October. Invoices and contracts from both attorneys general offices show the states think that water is worth fighting over as Texas has doled out $21.1 million in legal fees to private firms since 2012, while New Mexico reportedly spent at least $9.9 million. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Tribes need tax revenue. Melloy expressed surprise that the states reached a settlement proposal ahead of Tuesday's status conference. The firm was required to advise and represent multiple state agencies, including the Texas Commission on Environmental Quality, the attorney generals office, the Texas Rio Grande Commissioner and the Texas Water Development Board. That, in the end, is where New Mexico spent all the money: figuring out how to deliver an extra 10,000 acre feet on average, every year to Texas on the Pecos.. Follow Source New Mexico on Facebook and Twitter. Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. The compact was written in a way that made New Mexicos duty very unclear. Greg Abbotts latest hardline measure to deter migrants from crossing. By: Danielle Prokop - August 1, 2023 4:10 am The cracked riverbed lays But moving the buoys closer to Texas is not going to take care of the main issue of this lawsuit. 2023 www.lcsun-news.com. Texas claimed damages over $100 million, and New Mexico settled for $14 million for past noncompliance. Melloy said he would determine a date for the virtual portion of the trial at a hearing this week on Thursday, Sept. 2. But this does come at a time when U.S. relations with Mexico is critical. ", "We have been actively participating in all of these negotiations for 10 months," said U.S. Department of Justice attorney Lee Leininger. At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. After the trial before special master Melloy concludes next spring, Melloy will prepare a record of facts for the Supreme Court, in which all parties will have a chance to comment. Those decisions could directly impact how the court might handle the current Rio Grande fight. It can make for some political grandstanding. She can be reached at [emailprotected]. Adrian Hedden can be reached at 575-618-7631, achedden@currentargus.com or @AdrianHedden on Twitter. Texas called on the Supreme Court to order New Mexico to pay back the debt in cash for water owed over decades a judgment which could top. After the trial before special master Melloy concludes next spring, Melloy will prepare a record of facts for the Supreme Court, in which all parties will have a chance to comment. "Rather, it addresses certain state permits ISP would need before starting construction and whether it is legal to store waste under state, rather than federal, law.". You can explore additional available newsletters here. The 12th and most recent amendment increased the states maximum obligation to the firm to $21,179,781 through December 2021. 2023 Copyright El Paso Matters. Were here to serve you. A similar proposal over the border in southeast New Mexico would see another company Holtec International build a site for up to 100,000 metric tons of the waste, and saw stern opposition from Gov. The court issued a remedy for past noncompliance, paid in water or money. The Environmental Protection Division in the Texas Attorney Generals Office billed the state more than $247,000 since fiscal year 2012. In a 2011 federal lawsuit, New Mexico alleged the federal government shorted the state its share of Rio Grande water, and gave too much to Texas. But Governor Abbott is arguing that the Biden administration is ignoring the border. In March 2018, the U.S. Supreme Court issued a unanimous opinion granting the federal agencys request to be party to the lawsuit, and rejected New Mexicos motion for dismissal and the irrigation districts request to participate. More: WIPP: New panels to dispose of nuclear waste. Texas will not become America's nuclear waste dumping ground, read Abbott's tweet. More:What you need to know about the latest in the Texas v. New Mexico Supreme Court case. The dispute over the Rio Grandes water between the states and the federal government started a decade ago. But it's not the first time the parties said they were getting close. In response, Texas filed a lawsuit against New Mexico in the U.S. Supreme Court in 2014, alleging New Mexico takes more than its fair share of the water through diversion and groundwater pumping. That project is still amidst the licensing process with a decision expected next year after the Nuclear Regulatory Commission issued an environmental impact statement this year also finding the proposal would have minimal environmental impact. In 2012 then-Texas Attorney General Greg Abbottsigned offon hiring California-based firm Somach Simmons & Dunn. He was appointed to this case in 2018, after the U.S. Supreme Court discharged Gregory Grimsal, a New Orleans-based attorney. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Texas brought the case against New Mexico in 2013, alleging that Shes covered climate, local government and community at the Scottsbluff Star-Herald in Nebraska and the Santa Fe New Mexican. AUSTIN, Texas (AP) A federal judge on Tuesday will consider whether Texas can keep a floating barrier on the U.S.-Mexico border as both the Biden administration and Mexico push to remove Republican Gov. As part of its ongoing efforts to block Interim Storage Partners proposal, the Texas Legislature passed House Bill 7 during a special session earlier this month to ban high-level nuclear waste storage in the state. Copyright 2023 NPR. in April 2020, Melloy summed up his understanding of the cases complexities, and what issues he thought would be determined at trial. I just signed a law to stop it. (Corrie Boudreaux/El Paso Matters). A representative for Kinney County said Monday he did not believe anyone had yet reviewed the complaint. Follow Source New Mexico on Facebook and Twitter. Both law firms entered into a sole-source agreement, meaning the contract was not competitively bid out. Petitioners pray that, upon review, the Court will hold unlawful and set aside the order issuing Materials License No. More: Nuclear waste storage facility at Texas-New Mexico border granted federal license. Contact Editor Shaun Griswold for questions: info@sourcenm.com. For example, a compromise floated in the Pecos lawsuit was to ask the court to appoint a tie-breaking third vote on the Pecos River Commission. But talks broke down sometime after. It also set up a new formula to determine how much water would make its way downstream to Texas, which would be evaluated at a later time. States spend big money in the Texas v. New Mexico Supreme Danielle Prokop is a climate change and environment reporter with El Paso Matters. The court allowed the U.S. Department of Justice to intervene in the case on Texas behalf. Danielle Prokop is a climate change and environment reporter with El Paso Matters. The contract originally included a reimbursement to the firm of up to $500,000 but has been amended since to increase the fees and extend the contract. After a decade of litigation, the Supreme Court found in 1983 that New Mexico violated the compact and delivered less water to Texas than what was required. But attorneys representing the United States said they support going to trial because the proposed settlement fails to resolve violations of the Rio Grande Compact. It escalated when Texas filed a new lawsuit against New Mexico in the U.S. Supreme Court three years later alleging New Mexico takes more than its fair share of the water through diversion and groundwater pumping. He was appointed to this case in 2018, after the U.S. Supreme Court discharged Gregory Grimsal, a New Orleans-based attorney, without explanation. And yesterday the Republican governors of Iowa, Nebraska, South Dakota and Oklahoma visited Abbott on the border for a helicopter tour. The 2008 operating agreement was the subject of a 2011 federal District Court lawsuit that then-New Mexico Attorney General Gary King brought against Texas. The Biden Admin. What you need to know about the latest in the Texas v. New Mexico Supreme Court case, January trial date set for Texas v. New Mexico US Supreme Court Rio Grande water case, Your California Privacy Rights/Privacy Policy. Most have either had their cases dismissed or entered guilty pleas in exchange for time served. It is fundamentally unfair for our residents to bear the risks of open ended uncertainty.. If New Mexico loses, that might also curtail groundwater pumping and jeopardize some Southern New Mexicans water rights. DAVIES: Well, the barrier has really ticked off Mexico. However, the state spent more than $100 million in buying water rights, drilling different wells, all to make sure it could make the extra 10,000 acre-foot delivery to Texas. The United States later joined Texas' claim that New Mexico is violating the compact. It's part of Republican Gov. The two states agreed in 1949 to split the water at the Texas state line at the border between Loving and Reeves counties. The parties will regroup on Jan. 24, 2023 for a hearing on the motion to settle. Our stories may be republished online or in print under Creative Commons licence CC BY-NC-ND 4.0. Thefirst part of a virtual trialbefore Judge Michael Melloy, a senior judge on the 8th U.S. You've seen these buoys firsthand. Michelle Lujan Grisham, members of her cabinet and lawmakers while local governments in Eddy and Lea counties were supportive. The Rio Grande supplies water to millions of people and wildlife along its shores in Colorado, New Mexico, Texas and Mexico. The U.S. Supreme Court appointed Melloy to oversee and determine facts as a trial judge. (Colorado is also named in the lawsuit, but is not presenting a case, as the issues are between New Mexico and Texas.). The firms are Denver-based environmental firm Trout Raley Montano Witwer and Albuquerque-based Robles Rael & Anaya. Water rushes through the Caballo Dam into the Rio Grande in New Mexico in May. From fiscal years 2014 until 2021, the New Mexico Attorney Generals Office said it spent $9.9 million in legal fees, according to spokeswoman Jerri Mares. "Your Honor, with all due respect, I do feel that the states, in their description of the proposed decree, are trying to pull the proverbial wool over your eyes," attorney Maria O'Brien, representing EPCWID, said to Judge Melloy. Come to Source NM for fresh reporting, insightful opinion and analysis from around the state. Abbott was joined at the border Monday by the Republican governors of Iowa, Nebraska, Oklahoma and South Dakota, all of whom have sent their own armed law enforcement and National Guard members to the border. And all signs signal the clash will continue, possibly for years. September settlement goal in Texas v. New Mexico Rio Grande

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