NM Attorney General: New Mexico, Texas and Colorado reach “historic agreement” over the waters of the Rio Grande

ALBUQUERQUE, New Mexico -- After a nearly decade-long battle, New Mexico Attorney General Hector Balderas has announced a "historic agreement" between Texas, New Mexico, and Colorado over how to divide water from the Rio Grande between southern New Mexico and west Texas.

Details of the agreement, which still requires approval, will remain under seal by court order.

“Extreme drought and erratic climate events necessitate that states must work together to protect the Rio Grande which is the lifeblood of our New Mexico farmers and communities, and I’m very disappointed that the U.S. is exerting federal overreach and standing in the way of the States’ historic water agreement,” said Attorney General Balderas.

A dispute arose over a 2013 lawsuit filed in Texas, questioning how much water Texas and New Mexico are each entitled to under the 1938 Rio Grande Compact.

The stretch of Rio Grande in question lies between Elephant Butte Dam and Hudspeth County, Texas, which includes the cities of Las Cruces and El Paso.

According to the Attorney General's Office, the 1932 Compact also provides water deliveries to be made to Mexico under an international treaty.

The States will submit a motion to the Court for approval of the agreement at a hearing before Special Master Michael Melloy and will ultimately seek final approval from the United States Supreme Court.

The States have until Nov. 14 to submit a motion requesting the Special Master approve the agreement and the United States will have until Jan. 6, 2023, to provide any response in opposition.

Special Master Melloy has set a hearing on the motions and briefings for January 24, 2023.