Attorneys for Texas and New Mexico argued Wednesday that the high court should be able to approve a recently reached consent decree on the division of water from New Mexico’s Elephant Butte Reservoir without the buy-in of the federal government.
That stance has frustrated the states, which received the go-ahead on the proposed settlement from a special master in July after a hard-fought 10-year battle over water rights. “I’ve got to say you’re making me regret that decision,” Justice Gorsuch quipped, prompting laughter in the courtroom. “If we’re thinking about who is imposing on who in this case, it’s not the United States imposing on the states, it’s actually the states imposing on us,” Mr.said. “Because we’re leaving the states free to do what they want, they’re the ones who are bringing us into this by saying, ‘We’re not just withdrawing from the litigation, we’re taking you with us and on the way out, we’re going to impose a host of obligations on you.
Source: Law Daily Report (lawdailyreport.net)
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