On August 29, 2025, the Lower Rio Grande litigation parties and “friends of the court” filed a proposed settlement with the U.S. Supreme Court’s Special Master in the interstate water lawsuit brought by Texas against New Mexico in 2013. The United States later joined the litigation to assert its claims against New Mexico. In 2023, the U.S. Department of Justice objected to a proposed settlement between the three Compact States, stating that New Mexico must be specifically required to timely meet its commitments. The Supreme Court rejected it.
A revised settlement was filed in August 2025. It consists of a proposed Consent Decree and four implementing agreements between the litigants and the irrigation districts in both states. Following a Special Master hearing in Philadelphia, state water officials informed legislative committees in November that they expect the Special Master to recommend approval to the Supreme Court. If approved, the Court will issue a final decree making the agreements binding and enforceable. The Supreme Court practice is to create a continuing Special Master position to perform decree accounting and report or oversee compliance.
The Consent Decree and four implementing agreements exceed 130 pages and are highly technical. This New Mexico Water Advocates summary explains, in straightforward terms, what the settlement requires, what it authorizes, and how the parties are to carry it out. It identifies who must act, under what conditions, by when, and with what consequences. The settlement would significantly change water management downstream of Elephant Butte Dam.
New Mexico Water Advocates invites readers provide comments regarding errors or important material missing from this summary.