On December 14, 2020, the Supreme Court released its decision in Texas v. New Mexico. By a vote of 7-1, Texas’ motion to review the Pecos River Master’s determination – that New Mexico was entitled to a delivery credit for evaporated water stored at Texas’ request under the Pecos River Compact – is denied. Justice Kavanaugh's majority opinion was joined by the Chief Justice and Justices Thomas, Breyer, Sotomayor, Kagan, and Gorsuch. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part. Justice Barrett took no part in the consideration or decision of the case.
Anthony L. Francois, Senior Attorney, Pacific Legal Foundation, joins us today to discuss this decision and its implications.