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Does the U.S. government filing in Texas water case undercut New Mexico? | ABQJournal Online

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New Mexico Science
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Science, climate, weather and water from a New Mexico perspective

Does the U.S. government filing in Texas water case undercut New Mexico?
New Mexico Science
By John Fleck / Journal Staff Writer | Thu, Dec 12, 2013
tiffany rings Tiffany Dowell at the Texas ag law blog offers some more insight this morning on the filing by the U.S. Solicitor in the Texas v. New Mexico litigation on the lower Rio Grande, with an interpretation that is not good news for New Mexico:
tiffany and co outlet Additionally, the Solicitor General addressed the merits of Texas’ arguments, including agreeing with Texas that New Mexico’s obligation is not merely to deliver water to Elephant Butte and taking the position that New Mexico’s argument to that point would violate the intent and purpose of the Compact. “If New Mexico’s only obligation under the Compact were to deliver water to Elephant Butte, and if New Mexico were then free to allow depletions of the project water supply available below Elephant Butte, then Texas Bargained for little under the Compact. That view of the Compact is inconsistent with its basic purpose, which is to equitably apportion the water of the Rio Grande Basin–from its headwaters to Fort Quitman–among the three compacting states.”
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Suggested Reading:
New Mexico asks Supreme Court to throw out Texas water lawsuit
N.M. asks court to kill Texas suit
A nice summary of the Texas v. New Mexico water lawsuit
Updated: Texas sues New Mexico over Rio Grande
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About John
John Fleck has written about science for the Journal since 1990. His specialties include nuclear weapons work at Sandia and Los Alamos labs and the federal budgets that drive them, along with New Mexico's tenuous water situation and the climate issues that underly it. He's worked as a newsman since before he could drink legally, covering NASA's Jet Propulsion Laboratory before moving to New Mexico to work at the Journal.
He's been a fellow and contributing editor at Stanford University's Bill Lane Center for the American West, where he worked on water issues with the center's Rural West Initiative. He's the author of A Tree Rings' Tale, a University of New Mexico Press book for young people about the science of climate, water and weather.
tiffany silver Email John | Twitter: @jfleck
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