A dispute over water rights is escalating between the states of Texas and New Mexico, centering on the Pecos River. The conflict stems from a 2011 Supreme Court ruling that found Texas had been deprived of its rightful share of the river’s flow, but implementation of a remedy has proven difficult and contentious.
The Roots of the Dispute
The core of the issue lies in groundwater pumping in New Mexico, which impacts the flow of the Pecos River into Texas. The Supreme Court determined that New Mexico had allowed excessive groundwater withdrawals, violating the Pecos River Compact of 1948. This compact aimed to equitably divide the river’s water between the two states.
Challenges to Implementation
Despite the court ruling, Texas alleges that New Mexico continues to fall short in delivering the required amount of water. New Mexico counters that it is making good-faith efforts to comply, but faces practical limitations in controlling groundwater pumping by private landowners. A special master appointed by the court has repeatedly found New Mexico in violation, leading to accumulating penalties.
The special master has ordered New Mexico to pay Texas over $2 million for water it failed to deliver in 2022 alone. This figure represents a calculation based on the value of the lost water to Texas farmers. However, New Mexico officials argue that the calculations are flawed and the penalties are excessive.
What Could Happen Next
The situation could escalate if New Mexico continues to be found in violation and refuses to pay the assessed penalties. Texas could seek further enforcement actions from the Supreme Court. Alternatively, the two states may attempt to negotiate a revised implementation plan that addresses New Mexico’s concerns while ensuring Texas receives its allocated water. A possible next step involves further hearings before the special master to review New Mexico’s compliance efforts.
Frequently Asked Questions
What is the Pecos River Compact?
The Pecos River Compact is an agreement established in 1948 to divide the water resources of the Pecos River between New Mexico and Texas.
What did the Supreme Court rule in 2011?
The Supreme Court ruled that New Mexico had allowed excessive groundwater pumping, depriving Texas of its rightful share of the Pecos River’s flow, violating the 1948 compact.
How much money did the special master order New Mexico to pay Texas?
The special master ordered New Mexico to pay Texas over $2 million for water it failed to deliver in 2022.
How might interstate water disputes like this be resolved in the future?
