Opinion analysis: Texas’ compact claims against New Mexico over the Rio Grande River leave room for United States’ claims as well

Texas sued New Mexico claiming that New Mexico had breached the Rio Grande Compact, and the United States agreed, alleging that New Mexico’s breaches harmed the United States’ interests on the Rio Grande River as well. New Mexico’s argument that the United States was not a party to the Rio Grande Compact carried water with the special master appointed to hear the case. But today the Supreme Court rejected New Mexico’s arguments in a unanimous opinion by Justice Neil Gorsuch, holding that the United States’ arguments about federal interests were compelling, if relatively unusual. Cautioning that permission was not license, the court allowed the United States’ claims to move along on the Rio Grande.