Texas v. New Mexico

9 Citing cases

  1. State v. States Colorado

    574 U.S. 445 (2015)   Cited 33 times   1 Legal Analyses
    Noting that "modern Restatements-such as the Restatement (Third) of Restitution . . .-are of questionable value, and must be used with caution" given the authors' increasing "abandon[ment] [of] the mission of describing the law" and their "cho[ice] instead to set forth their aspirations for what the law ought to be"

    Notwithstanding Texas's objection that the parties had assented to its use, we set aside the flawed study and adopted a new technical document that more accurately depicted the real-world conditions of the compact's specified baseline year. See 446 U.S. 540, 100 S. Ct. 2911, 64 L. Ed. 2d 485 (1980) ( per curiam) (setting aside the old document); 462 U.S., at 562-563, 103 S. Ct. 2558, 77 L. Ed. 2d 1 (describing the litigation); 467 U.S. 1238, 104 S. Ct. 3505, 82 L. Ed. 2d 816 (1984) (approving the new document); 482 U.S., at 127, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (describing that approval). Similarly, in Kansas v. Colorado, 543 U.S. 86, 125 S. Ct. 526, 160 L. Ed. 2d 418 (2004), we modified an agreement to ensure that it would correctly measure Colorado's compliance with the Arkansas River Compact.

  2. State v. States Colorado

    135 S. Ct. 1042 (2014)

    Notwithstanding Texas's objection that the parties had assented to its use, we set aside the flawed study and adopted a new technical document that more accurately depicted the real-world conditions of the compact's specified baseline year. See 446 U.S. 540, 100 S.Ct. 2911, 64 L.Ed.2d 485 (1980) (per curiam ) (setting aside the old document); 462 U.S., at 562–563, 103 S.Ct. 2558 (describing the litigation); 467 U.S. 1238, 104 S.Ct. 3505, 82 L.Ed.2d 816 (1984) (approving the new document); 482 U.S., at 127, 107 S.Ct. 2279 (describing that approval). Similarly, in Kansas v. Colorado, 543 U.S. 86, 125 S.Ct. 526, 160 L.Ed.2d 418 (2004), we modified an agreement to ensure that it would correctly measure Colorado's compliance with the Arkansas River Compact.

  3. Texas v. New Mexico

    462 U.S. 554 (1983)   Cited 68 times
    Holding that, upon approval by Congress, a compact between states becomes federal law that binds the states

    We approved the report in full. 446 U.S. 540 (1980). Over the following two years, the Special Master received evidence on the question of what corrections to the 1947 Study and the Inflow-Outflow Manual were required to produce an accurate description of the 1947 condition, and thus of New Mexico's obligations under Art. III(a) of the Compact.

  4. Kansas v. Colorado

    543 U.S. 86 (2004)   Cited 11 times
    Resolving dispute over Arkansas River Compact

    The curve correlates inflows at various New Mexico River locations with expected out-flows so that engineers can estimate, for any given inflow, the amount of water that is required to be available for Texas' use. See Texas v. New Mexico, 462 U.S. 554, 572-573 (1983); see also Texas v. New Mexico, 446 U.S. 540 (1980) ( per curiam). Lingering disputes between Texas and New Mexico, we thought, would involve not the curve's shape but whether officials had properly measured the flows.

  5. Texas v. New Mexico

    482 U.S. 124 (1987)   Cited 80 times
    Holding that monetary relief could be awarded against New Mexico because it acted in bad faith by failing to deliver water called for by a compact

    We adopted that report in its entirety. 446 U.S. 540 (1980). When the case was next here, we decided against attempting to restructure the Commission to enable it to determine the method for allocating river water, preferring that the case continue in the litigation mode. 462 U.S. 554 (1983).

  6. Carangelo v. Albuquerque-Bernalillo Cnty. Water Util. Auth.

    320 P.3d 492 (N.M. Ct. App. 2014)   Cited 8 times
    Holding that where a claim was originally cognizable with the agency alone, an essential element of primary jurisdiction was not met

    They obliquely seek to direct our attention to a ruling concerning the “1947 condition” in the Pecos River Compact, in which apportionment of water in the Pecos River did not include pre–1947 diversions of groundwater that did not deplete the Pecos River prior to that year, which resulted in the state of Texas receiving the water available to it under what was referred to as the “1947 condition.” Texas v. New Mexico, 446 U.S. 540, 541, 100 S.Ct. 2911, 64 L.Ed.2d 485 (1980) (per curiam) (Stevens, J., dissenting) (internal quotation marks omitted). The “condition” is a baseline figure of water in the Pecos River Basin based on calculations of the amount of water that would have been available downstream to Texas based on calculating flow each year from 1905 through 1946 had New Mexico's uses in 1947 been in place in prior years “to determine whether New Mexico was using a larger share of the river water than it had in 1947, in violation of the [Pecos River] Compact.”

  7. Carangelo v. Albuquerque-Bernalillo Cnty. Water Util. Auth.

    Opinion Number: 2014-NMCA-032 (N.M. Ct. App. Nov. 26, 2013)

    They obliquely seek to direct our attention to a ruling concerning the "1947 condition" in the Pecos River Compact, in which apportionment of water in the Pecos River did not include pre-1947 diversions of groundwater that did not deplete the Pecos River prior to that year, which resulted in the state of Texas receiving the water available to it under what was referred to as the "1947 condition." Texas v. New Mexico, 446 U.S. 540, 541 (1980) (per curiam) (Stevens, J., dissenting) (internal quotation marks omitted). The "condition" is a baseline figure of water in the Pecos River Basin based on calculations of the amount of water that would have been available downstream to Texas based on calculating flow each year from 1905 through 1946 had New Mexico's uses in 1947 been in place in prior years "to determine whether New Mexico was using a larger share of the river water than it had in 1947, in violation of the [Pecos River] Compact."

  8. Carangelo v. Albuquerque-Bernalillo Cnty. Water Util. Auth.

    Docket No. 26,757 (N.M. Ct. App. Mar. 29, 2012)

    They obliquely seek to direct our attention to a ruling concerning the "1947 condition" in the Pecos River Compact, in which apportionment of water in the Pecos River did not include pre-1947 diversions of groundwater that did not deplete the Pecos River prior to that year, which resulted in the state of Texas receiving the water available to it under what was referred to as the "1947 condition." Texas v. New Mexico, 446 U.S. 540, 541 (1980) (per curiam) (Stevens, J., dissenting) (internal quotation marks omitted). The "condition" is a baseline figure of water in the Pecos River Basin based on calculations of the amount of water that would have been available downstream to Texas based on calculating flow each year from 1905 through 1946 had New Mexico's uses in 1947 been in place in prior years "to determine whether New Mexico was using a larger share of the river water than it had in 1947, in violation of the [Pecos River] Compact."

  9. Carangelo v. Albuquerque-Bernalillo Cnty. Water Util. Auth.

    Docket No. 26,757 (N.M. Ct. App. Nov. 28, 2011)

    They obliquely seek to direct our attention to a ruling concerning the "1947 condition" in the Pecos River Compact, in which apportionment of water in the Pecos River did not include pre-1947 diversions of groundwater that did not deplete the Pecos River prior to that year, which resulted in the state of Texas receiving the water available to it under what was referred to as the "1947 condition." Texas v. New Mexico, 446 U.S. 540, 541 (1980) (per curiam) (Stevens, J., dissenting) (internal quotation marks omitted). The "condition" is a baseline figure of water in the Pecos River Basin based on calculations of the amount of water that would have been available downstream to Texas based on calculating flow each year from 1905 through 1946 had New Mexico's uses in 1947 been in place in prior years "to determine whether New Mexico was using a larger share of the river water than it had in 1947, in violation of the [Pecos River] Compact."