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Changes to Interstate Compacts; River Allocations to States and Districts; Rio Grande River
U.S. Supreme Court Resolves Rio Grande Compact Litigation; Final Decree Secures Texas Water Rights,
June 5, 2026 -
The Texas Commission on Environmental Quality (TCEQ) announced that the United States Supreme Court on May 26, 2026, has approved a comprehensive settlement agreement in the 13-year-long Rio Grande Compact litigation, formally resolving disputes over water deliveries to Texas from New Mexico and Colorado.
The dispute, which focuses on a stretch of the Rio Grande between Elephant Butte Dam and Hudspeth County, Texas, was submitted to the United States Supreme Court when Texas filed a lawsuit in 2013 to ensure that New Mexico water users stopped unfairly syphoning water from the river before it reaches Texas.
Having made a legal decision (to which the conservative justices dissented), SCOTUS turned the matter over to a special federal magistrate to evaluate all the facts, history, and public and private agreements and to provide a recommendation of the rights of each of the States.
The U.S. Supreme Court approved a settlement package designed to rein in groundwater pumping along one of North America’s longest rivers and ensure enough water reliably makes it from New Mexico to Texas, ending a long-running dispute over management of the Rio Grande.
Those solutions will include everything from long-term fallowing programs and more efficient irrigation infrastructure to developing new sources of water, like tapping brackish supplies or importing water, and improving stormwater management so more runoff can be captured and stored.
Texas participates in the Compact through what is known as Downstream Contracts. The original 1938 Compact did not mention pumping rights for Texas. Throughout the 13-year litigation, the Texas Legislature funded the TCEQ’s support of the case.
While the Colorado River gets all the headlines, experts say the situation along the Rio Grande is just as dire (and complex). Stretches of the river as far north as Albuquerque are expected to go dry again this year, marking the third time in five years.
Under the settlement, New Mexico must reduce annual groundwater depletions by 18,200 acre-feet, or about 5.9 billion gallons (22.3 billion liters) within the next 10 years. The commitment includes completing half of that within the next five years.
That represents about 5% to 7% of current groundwater use in the lower Rio Grande. The settlement doesn't dictate what sector the water savings comes from, so an outside counsel said industry and municipalities could also partner with the state to meet the mandates.
Still, officials expect to achieve most of the necessary reductions from buying water rights from the agricultural industry, meaning more farmland would be retired.
NEXT: American River; Colorado River; Spreading Desert
Sources:
https://t.co/Au854w6Gwa

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