Texas v. New Mexico and Colorado

Docket No. 22O141
Materials
Mar 20, 2024 Argued. For United States: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas: Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. For New Mexico: Jeffrey J. Wechsler, Santa Fe, N. M.
Feb 20, 2024 Motion for divided argument filed by Texas and New Mexico GRANTED.
Feb 7, 2024 Motion for divided argument filed by Texas and New Mexico.
Jan 29, 2024 SET FOR ARGUMENT on Wednesday, March 20, 2024.
Jan 22, 2024 The exception to the Third Interim Report of the Special Master is set for oral argument in due course.
Jan 3, 2024 DISTRIBUTED for Conference of 1/19/2024.
Jan 3, 2024 Sur-reply of the United States filed.
Dec 11, 2023 Brief amicus curiae of water law professors filed.
Dec 11, 2023 Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority, et al. filed.
Dec 11, 2023 Brief amicus curiae of Utah, et al. filed.
Dec 8, 2023 Brief amicus curiae of New Mexico State University, et al. filed.
Dec 7, 2023 Brief amicus curiae of New Mexico Pecan Growers, et al. filed.
Dec 4, 2023 Joint reply to exception of the United States by Texas, New Mexico, and Colorado filed.
Oct 13, 2023 Brief amicus curiae of Elephant Butte Irrigation District filed.
Oct 13, 2023 Brief amicus curiae of El Paso County Water Improvement District No. 1 filed.
Oct 6, 2023 Exception of the United States and brief for the United States in support of exception filed.
Oct 6, 2023 Joint notice that Texas, New Mexico and Colorado have no exceptions to the Third Interim Report of the Special Master filed.
Sep 6, 2023 The revised joint motion for an extension is granted. Exceptions to the Third Interim Report of the Special Master, with supporting briefs, may be filed by October 6, 2023. Replies, if any, with supporting briefs, may be filed by December 4, 2023. Sur-replies, if any, with supporting briefs, may be filed by January 3, 2024.
Sep 5, 2023 Revised joint motion for an extension of time filed.
Aug 31, 2023 Joint motion for an extension of time filed.
Jul 24, 2023 The Third Interim Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Jul 3, 2023 Third Interim Report of the Special Master received.
Jan 13, 2020 The Second Interim Report of the Special Master on the motion of Nathan Boyd Estate, et al. for leave to intervene is received and ordered filed. The motion of Nathan Boyd Estate, et al. for leave to intervene is denied.
Dec 18, 2019 DISTRIBUTED for Conference of 1/10/2020.
Dec 3, 2019 Second Interim Report of the Special Master received.
Jun 17, 2019 Motion for leave to intervene filed by Nathan Boyd Estate, et al. referred to the Special Master.
Jun 10, 2019 Letter withdrawing application (18A1271) to to file a reply in excess of the word limit received.
Jun 7, 2019 Reply of Nathan Boyd Estate, et al. filed.
Jun 5, 2019 Application (18A1271) to file a reply in excess of the word limit, submitted to Justice Alito.
May 28, 2019 DISTRIBUTED for Conference of 6/13/2019.
May 20, 2019 Brief for the United States in Opposition to the Motion for Leave to Intervene of the Nathan Boyd Estate, et al. filed.
Apr 26, 2019 Motion to extend the time to file reply in support of motion for leave to intervene is granted, and the time is extended to June 10, 2019.
Apr 23, 2019 Motion to extend the time to file reply in support of motion for leave to intervene to June 10, 2019, submitted to the Clerk.
Apr 19, 2019 Motion to extend the time to file response to the motion for leave to intervene is granted and the time is extended to and including May 20, 2019.
Apr 19, 2019 Motion to extend the time to file response to the motion for leave to intervene from April 19, 2019 to May 20, 2019, submitted to The Clerk.
Apr 19, 2019 Response to motion for leave to intervene from respondent Colorado filed.
Apr 19, 2019 Response to motion for leave to intervene from respondent New Mexico filed.
Apr 18, 2019 Response to motion for leave to intervene from petitioner Texas filed.
Mar 27, 2019 Motion to extend the time to file responses to the motion for leave to intervene is granted and the time is extended to and including April 19, 2019, for all parties.
Mar 22, 2019 Motion to extend the time to file responses to the motion for leave to intervene from April 1, 2019 to April 19, 2019, submitted to The Clerk.
Mar 20, 2019 Motion for leave to intervene filed by Nathan Boyd Estate, et al.
Jul 23, 2018 Answer of United States to New Mexico's counterclaims filed with the Special Master July 23, 2018, received by the Court July 23, 2018.
Jul 20, 2018 Answer of Texas to New Mexico's Counterclaims filed with the Special Master July 20, 2018, received by the Court July 24, 2018.
May 23, 2018 Answer of New Mexico to Texas Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018.
May 23, 2018 Answer of New Mexico to United States Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018.
May 23, 2018 New Mexico Counterclaims filed with the Special Master May 23, 2018, received by the Court May 30, 2018.
May 14, 2018 The final motion of the former Special Master for allowance of fees and disbursements is GRANTED, and the former Special Master is awarded a total of $10,101.86, for the period March 13, 2017, through April 2, 2018, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States, and 5% by Colorado.
Apr 24, 2018 DISTRIBUTED for Conference of 5/10/2018.
Apr 17, 2018 Final Motion of the former Special Master for allowance of fees and disbursements.
Apr 6, 2018 Oath received from Special Master
Apr 2, 2018 A. Gregory Grimsal, Esq., of New Orleans, Louisiana, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable Michael J. Melloy, of Cedar Rapids, Iowa, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Mar 5, 2018 United States's exception sustained; all other exceptions overruled; and case remanded. Gorsuch, J., delivered the opinion for a unanimous Court.
Jan 8, 2018 Argued. For United States, as intervenor: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For plaintiff: Scott A. Keller, Solicitor General of Texas, Austin, Texas. For defendant Colorado: Frederick R. Yarger, Solicitor General of Colorado, Denver, Colo. For defendant New Mexico: Marcus J. Rael, Jr., Albuquerque, N. M.
Dec 11, 2017 Motion for divided argument filed by the Solicitor General GRANTED.
Nov 17, 2017 SET FOR ARGUMENT ON Monday, January 8, 2018
Nov 17, 2017 Motion for divided argument filed by the United States.
Oct 10, 2017 Motion for leave to file amicus brief filed by New Mexico Pecan Growers GRANTED.
Oct 10, 2017 Motion for leave to file amicus brief filed by New Mexico State University GRANTED.
Oct 10, 2017 New Mexico's motion to dismiss Texas's complaint is DENIED.
Oct 10, 2017 The motion of El Paso County Water Improvement District No. 1 for leave to intervene is DENIED.
Oct 10, 2017 The exception of the United States and the first exception of Colorado to the First Interim Report of the Special Master (Feb. 13, 2017) are set for oral argument in due course.
Oct 10, 2017 The motion of Elephant Butte Irrigation District for leave to intervene is DENIED.
Sep 1, 2017 New Mexico's Sur Reply filed.
Sep 1, 2017 Sur Reply for the United States filed.
Sep 1, 2017 Colorado's Sur Reply filed.
Aug 31, 2017 Texas's Sur Reply filed.
Aug 4, 2017 Brief amicus curiae of Kansas filed.
Jul 28, 2017 Reply of United States to the exceptions of the report of the Special Master filed.
Jul 28, 2017 Reply of New Mexico to the exceptions to the report of the Special Master filed.
Jul 28, 2017 Reply of Colorado to the exceptions to the report of the Special Master filed.
Jul 28, 2017 Brief amicus curiae of City of El Paso, TX filed.
Jul 28, 2017 Reply of Texas to the exceptions to the report of the Special Master filed.
Jul 28, 2017 Brief amicus curiae of Elephant Butte Irrigation District filed.
Jul 28, 2017 Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. (corrected)
Jun 20, 2017 Letter from the Acting Solicitor General proposing to lodge non-record material with the Court.
Jun 9, 2017 Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority filed.
Jun 9, 2017 Exceptions to the First Interim Report of the Special Master filed by Colorado
Jun 9, 2017 Exception of the United States and Brief in support of Exception filed.
Jun 9, 2017 Exceptions to the First Interim Report of the Special Master filed by New Mexico.
Jun 9, 2017 Motion for leave to file amicus brief filed by New Mexico Pecan Growers.
Jun 9, 2017 Motion for leave to file amicus brief filed by New Mexico State University.
Jun 9, 2017 Brief amicus curiae of City of Las Cruces filed.
May 22, 2017 The Third Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 17, 2017, is GRANTED, and the Special Master is awarded a total of $219,125.57, for the period November 2, 2015, through March 13, 2017, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
Mar 31, 2017 The March 30, 2017, joint request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before June 9, 2017; Replies are due on or before July 28, 2017; Sur-replies are due on or before September 1, 2017.
Mar 20, 2017 The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Mar 13, 2017 Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Mar 1, 2017 Special Master Report DISTRIBUTED for Conference of March 17, 2017.
Feb 13, 2017 First Interim Report of the Special Master received.
May 31, 2016 The Second Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 20, 2016, is GRANTED, and the Special Master is awarded a total of $200,000.00, for the period May 1, 2015, through October 31, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
May 20, 2016 Rescheduled.
May 20, 2016 Letter from Special Master regarding fees received.
May 17, 2016 Motion DISTRIBUTED for Conference of May 19, 2016.
Nov 23, 2015 Motion DISTRIBUTED for Conference of December 11, 2015.
Nov 18, 2015 Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015.
Nov 12, 2015 Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico.
Nov 2, 2015 Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Oct 5, 2015 The First Interim motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $195,461.53 for the period November 3, 2014, through April 30, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
Oct 5, 2015 Motion for leave to intervene filed by El Paso County Water Improvement District No. 1 referred to the Special Master.
Jul 15, 2015 Motion of El Paso County Water Improvement District No. 1 for leave to intervene DISTRIBUTED for Conference of September 28, 2015.
Jul 15, 2015 Motion of the Special Master for Allowance of Fees and Disbursements. DISTRIBUTED for Conference of September 28, 2015.
Jul 10, 2015 Reply in Support of Motion of El Paso County Water Improvement District No. 1 for leave to intervene filed by El Paso County Water Improvement District No. 1 .
Jun 17, 2015 Motion DISTRIBUTED for Conference of September 28, 2015.
Jun 10, 2015 Brief of United States in opposition to El Paso County Water Improvement District No. 1's motion for leave to intervene filed.
Jun 10, 2015 Brief in response to El Paso County Water Improvement District No. 1's motion for leave to intervene of Texas, Plaintiff filed.
Jun 10, 2015 Response to El Paso County Water Improvement District No. 1's motion for leave to intervene from respondent Colorado filed.
Jun 10, 2015 Response in opposition to motion of El Paso County Water Improvement District No. 1 for leave to intervene by respondent New Mexico filed.
May 26, 2015 Order extending time to file a response to the Special Master's motion for Allowance of Fees and Disbursements to and including June 12, 2015 for all parties.
May 19, 2015 Motion DISTRIBUTED for Conference of June 4, 2015.
May 6, 2015 First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Apr 27, 2015 Motion for leave to intervene filed by Elephant Butte Irrigation District referred to the Special Master.
Apr 24, 2015 Order extending time to file response to motion to intervene file by El Paso County Water Improvement District No. 1 granted to and including June 10, 2015, for all parties. Reply briefs are due July 10, 2015.
Apr 22, 2015 Motion for leave to intervene filed by El Paso County Water Improvement District No. 1.
Apr 8, 2015 Motion DISTRIBUTED for Conference of April 24, 2015.
Mar 20, 2015 Reply to Briefs Opposing Motion for Leave to Intervene of Hernandez, Steven Landeros Elephant Butte Irrigation District filed.
Feb 2, 2015 Order extending time to file a reply to the responses to the motion to intervene by Elephant Butte Irrigation District to and including March 20, 2015.
Jan 29, 2015 Response in opposition to Elephant Butte Irrigation District's motion for leave to intervene from United States filed.
Jan 29, 2015 Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed.
Jan 29, 2015 Response to Elephant Butte Irrigation District's motion to intervene from petitioner Texas, Plaintiff filed.
Jan 29, 2015 Response to Elephant Butte Irrigation District's motion to intervene from respondent Colorado filed.
Dec 10, 2014 Order extending time to file response to Motion for leave to intervene to and including January 29, 2015, for all parties.
Dec 3, 2014 Motion for leave to intervene filed by Elephant Butte Irrigation District.
Nov 6, 2014 Oath of Special Master filed.
Nov 3, 2014 It is ordered that A. Gregory Grimsal, Esquire, of New Orleans, Louisiana, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.
Jul 9, 2014 DISTRIBUTED for Conference of September 29, 2014.
Jul 1, 2014 Reply of respondent New Mexico filed.
Jun 17, 2014 Objection to New Mexico's Lodging Request filed by Counsel for Texas.
Jun 16, 2014 Brief for the United States in opposition to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed.
Jun 16, 2014 Texas's Brief in Response to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed.
Jun 16, 2014 Brief amicus curiae of City of El Paso, Texas filed.
Jun 16, 2014 Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed.
Jun 16, 2014 Brief amicus curiae of El Paso County Water Improvement District No. 1 filed.
Jun 16, 2014 Lodging request received from the City of El Paso, Texas
May 8, 2014 Lodging Request received from Counsel for New Mexico.
Apr 30, 2014 Motion to dismiss Texas' Complaint and the United States' Complaint in Intervention filed by respondent New Mexico.
Apr 30, 2014 Brief amicus curiae of City of Las Cruces filed.
Mar 31, 2014 Motion for leave to intervene filed by United States GRANTED.
Mar 14, 2014 Reply of United States in support of motion to intervene filed. (Distributed)
Mar 12, 2014 DISTRIBUTED for Conference of March 28, 2014.
Mar 10, 2014 Order extending time to file the Motion to Dismiss the Bill of Complaint filed by Texas to a date 30 days after the Court issues an order on the Motion for Leave to Intervene filed by the United States. Extension granted for all Respondents.
Mar 10, 2014 Response in support of motion of the United States for leave to intervene as a plaintiff from petitioner Texas, Plaintiff filed. (Distributed)
Mar 10, 2014 Response to motion of the United States for leave to intervene as a plaintiff, from respondent New Mexico filed. (Distributed)
Feb 27, 2014 Motion for leave to intervene filed by United States.
Jan 27, 2014 Motion for leave to file a bill of complaint is GRANTED. Motion for leave to file supplemental brief is GRANTED. New Mexico is allowed 60 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. Plaintiff is allowed 45 days to file a response to the motion. A reply, if any, shall be filed within 15 days after the response is filed.
Jan 8, 2014 Motion DISTRIBUTED for Conference of January 24, 2014.
Jan 7, 2014 Motion for leave to file supplemental brief and supplemental brief in response to New Mexico's supplemental brief filed by petitioner Texas, Plaintiff.
Dec 31, 2013 Supplemental brief of respondent New Mexico filed.
Dec 31, 2013 Supplemental brief of respondent Colorado filed.
Dec 10, 2013 Brief amicus curiae of United States filed.
Apr 15, 2013 The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 27, 2013 DISTRIBUTED for Conference of April 12, 2013.
Mar 22, 2013 Reply of petitioner Texas, filed.
Mar 11, 2013 Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed.
Mar 11, 2013 Brief amicus curiae of El Paso County Water Improvement District No. 1 filed.
Mar 11, 2013 Brief of respondent Colorado in opposition filed.
Mar 11, 2013 Brief amicus curiae of City of El Paso, Texas filed.
Mar 11, 2013 Brief amicus curiae of City of Las Cruces filed.
Mar 11, 2013 Brief of respondent New Mexico in opposition filed.
Jan 8, 2013 Motion for leave to file a bill of complaint filed. (Response due March 11, 2013)
Jan 1, 2013 Documents filed with the Special Master may be found at http://www.ca8.uscourts.gov/texas-v-new-mexico-and-colorado-no-141-original
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Texas v. New Mexico and Colorado