After one year of waiting for the Supreme Court to accept the case, and four years of arguing an ultimately unsuccessful motion to dismiss, the litigation in Original Action No. 141, Texas v. New Mexico & Colorado, has picked up the pace. Three states, the federal government, two irrigation districts, and cadre of amici curiae are engaged in written discovery, depositions, and significant motions practice. This article summarizes the litigation to date, including the consequential report from the first Special Master, the parties’ positions throughout the briefing, the opinion from the Supreme Court (Court), and the current posture of the case before the second Special Master.
Somach Simmons & Dunn serves as counsel to the State of Texas in Texas v. New Mexico & Colorado, No. 141 Original. Accordingly, this article is limited to the public record, and to the extent it offers any commentary on the case, the article represents the personal opinions of the authors.
Read in Full: “Texas v. New Mexico and Colorado: An Update from Year Six in the Original Action [PDF],” The Water Report #182, April 15, 2019 (reprinted with permission)