States aim for September settlement in Texas-New Mexico Rio Grande dispute

Algernon D'Ammassa, Las Cruces Sun-News
·3 min read
2

Negotiations continue on a proposed settlement in a long-running dispute between Texas and New Mexico over rights to the Rio Grande, but Texas indicated Wednesday it was giving the process another month before moving to trial.

Texas filed a complaint in the U.S. Supreme Court in 2013 alleging that southern New Mexico wells are depriving Texas of its share of river water under the 1938 Rio Grande Compact. Colorado, which is part of the compact, is also named in the lawsuit. The case was referred to arbitration in 2018 with U.S. Circuit Judge Michael Melloy named as special master.

Attorneys for the parties have been negotiating a settlement, stating in a virtual hearing Wednesday they are aiming to complete the deal by Sept. 23. Water districts and other affected parties, however, have yet to see the details of what's being negotiated.

As the river flows through southern New Mexico and into Texas, it is channeled through the Elephant Butte Irrigation District and the El Paso County Water Improvement District for irrigation as well as for the municipalities of Las Cruces and El Paso as well as Mexico.

New Mexico argues it delivers its share of promised water to Texas and Mexico to the Elephant Butte Reservoir, about 100 miles north of the binational border. Texas argues New Mexico farmers' wells south of the reservoir drain water from the Rio Grande — water that should reach the Texas state line.

At a status hearing, attorneys for the states said details of the settlement were still being negotiated but expressed optimism a deal could be finalized by Sept. 23. Stuart Somach, the lead attorney for Texas, recommended Melloy set a trial date just in case negotiations fall through, as the state considered the 23rd a hard date for concluding negotiations.

Water begins to fill the Rio Grande north of Lou Henson Highway near Santo Tomas after water was released from Elephant Butte Dam for the annual allotment of water for New Mexico, Texas and Mexico.
Water begins to fill the Rio Grande north of Lou Henson Highway near Santo Tomas after water was released from Elephant Butte Dam for the annual allotment of water for New Mexico, Texas and Mexico.

Jeff Wechsler, lead attorney for New Mexico, expressed optimism, telling Melloy there was "a real sense of opportunity right now to resolve a lot of issues that have been separating a number of parties of decades.”

Maria O'Brien, an attorney representing El Paso County Water Improvement District No. 1, argued that the district — which is not a party in the case but affected by any settlement ― needed an immediate opportunity to see the proposed settlement and weigh in on its implementation.

Samantha Barncastle, the Elephant Butte Irrigation District's attorney, agreed with O'Brien, saying, "We need the ability to work unconstrained and not have drafts leaking out before they are actually final.” She warned against leaks of draft documents or disclosure of terms before the entire agreement was set, citing the potential for unrest or even violence.

Melloy agreed with the states' counsel that the draft settlement would remain confidential until more details were worked out as early as next week, and then disclosed subject to confidentiality agreements for discussion with local water managers about operational impacts.

Melloy said he would issue an order and also set a date for an in-person hearing, likely in Denver, for Sept. 27 — either to discuss implementation of a settlement or the mechanics of a trial.

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.

This article originally appeared on Las Cruces Sun-News: September settlement goal in Texas v. New Mexico Rio Grande dispute