Texas v. New Mexico and Colorado
Docket No.
22O141
Materials
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. |
Motion for divided argument filed by Texas and New Mexico GRANTED. |
Motion for divided argument filed by Texas and New Mexico. |
SET FOR ARGUMENT on Wednesday, March 20, 2024. |
The exception to the Third Interim Report of the Special Master is set for oral argument in due course. |
DISTRIBUTED for Conference of 1/19/2024. |
Sur-reply of the United States filed. |
Brief amicus curiae of water law professors filed. |
Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority, et al. filed. |
Brief amicus curiae of Utah, et al. filed. |
Brief amicus curiae of New Mexico State University, et al. filed. |
Brief amicus curiae of New Mexico Pecan Growers, et al. filed. |
Joint reply to exception of the United States by Texas, New Mexico, and Colorado filed. |
Brief amicus curiae of Elephant Butte Irrigation District filed. |
Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
Exception of the United States and brief for the United States in support of exception filed. |
Joint notice that Texas, New Mexico and Colorado have no exceptions to the Third Interim Report of the Special Master filed. |
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. |
Revised joint motion for an extension of time filed. |
Joint motion for an extension of time filed. |
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. |
Third Interim Report of the Special Master received. |
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. |
DISTRIBUTED for Conference of 1/10/2020. |
Second Interim Report of the Special Master received. |
Motion for leave to intervene filed by Nathan Boyd Estate, et al. referred to the Special Master. |
Letter withdrawing application (18A1271) to to file a reply in excess of the word limit received. |
Reply of Nathan Boyd Estate, et al. filed. |
Application (18A1271) to file a reply in excess of the word limit, submitted to Justice Alito. |
DISTRIBUTED for Conference of 6/13/2019. |
Brief for the United States in Opposition to the Motion for Leave to Intervene of the Nathan Boyd Estate, et al. filed. |
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. |
Motion to extend the time to file reply in support of motion for leave to intervene to June 10, 2019, submitted to the Clerk. |
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. |
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. |
Response to motion for leave to intervene from respondent Colorado filed. |
Response to motion for leave to intervene from respondent New Mexico filed. |
Response to motion for leave to intervene from petitioner Texas filed. |
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. |
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. |
Motion for leave to intervene filed by Nathan Boyd Estate, et al. |
Answer of United States to New Mexico's counterclaims filed with the Special Master July 23, 2018, received by the Court July 23, 2018. |
Answer of Texas to New Mexico's Counterclaims filed with the Special Master July 20, 2018, received by the Court July 24, 2018. |
Answer of New Mexico to Texas Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
Answer of New Mexico to United States Complaint filed with Special Master May 23, 2018, received by the Court May 30, 2018. |
New Mexico Counterclaims filed with the Special Master May 23, 2018, received by the Court May 30, 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. |
DISTRIBUTED for Conference of 5/10/2018. |
Final Motion of the former Special Master for allowance of fees and disbursements. |
Oath received from Special Master |
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. |
United States's exception sustained; all other exceptions overruled; and case remanded. Gorsuch, J., delivered the opinion for a unanimous Court. |
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. |
Motion for divided argument filed by the Solicitor General GRANTED. |
SET FOR ARGUMENT ON Monday, January 8, 2018 |
Motion for divided argument filed by the United States. |
Motion for leave to file amicus brief filed by New Mexico Pecan Growers GRANTED. |
Motion for leave to file amicus brief filed by New Mexico State University GRANTED. |
New Mexico's motion to dismiss Texas's complaint is DENIED. |
The motion of El Paso County Water Improvement District No. 1 for leave to intervene is DENIED. |
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. |
The motion of Elephant Butte Irrigation District for leave to intervene is DENIED. |
New Mexico's Sur Reply filed. |
Sur Reply for the United States filed. |
Colorado's Sur Reply filed. |
Texas's Sur Reply filed. |
Brief amicus curiae of Kansas filed. |
Reply of United States to the exceptions of the report of the Special Master filed. |
Reply of New Mexico to the exceptions to the report of the Special Master filed. |
Reply of Colorado to the exceptions to the report of the Special Master filed. |
Brief amicus curiae of City of El Paso, TX filed. |
Reply of Texas to the exceptions to the report of the Special Master filed. |
Brief amicus curiae of Elephant Butte Irrigation District filed. |
Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. (corrected) |
Letter from the Acting Solicitor General proposing to lodge non-record material with the Court. |
Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority filed. |
Exceptions to the First Interim Report of the Special Master filed by Colorado |
Exception of the United States and Brief in support of Exception filed. |
Exceptions to the First Interim Report of the Special Master filed by New Mexico. |
Motion for leave to file amicus brief filed by New Mexico Pecan Growers. |
Motion for leave to file amicus brief filed by New Mexico State University. |
Brief amicus curiae of City of Las Cruces filed. |
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. |
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. |
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. |
Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
Special Master Report DISTRIBUTED for Conference of March 17, 2017. |
First Interim Report of the Special Master received. |
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. |
Rescheduled. |
Letter from Special Master regarding fees received. |
Motion DISTRIBUTED for Conference of May 19, 2016. |
Motion DISTRIBUTED for Conference of December 11, 2015. |
Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015. |
Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico. |
Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
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. |
Motion for leave to intervene filed by El Paso County Water Improvement District No. 1 referred to the Special Master. |
Motion of El Paso County Water Improvement District No. 1 for leave to intervene DISTRIBUTED for Conference of September 28, 2015. |
Motion of the Special Master for Allowance of Fees and Disbursements. DISTRIBUTED for Conference of September 28, 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 . |
Motion DISTRIBUTED for Conference of September 28, 2015. |
Brief of United States in opposition to El Paso County Water Improvement District No. 1's motion for leave to intervene filed. |
Brief in response to El Paso County Water Improvement District No. 1's motion for leave to intervene of Texas, Plaintiff filed. |
Response to El Paso County Water Improvement District No. 1's motion for leave to intervene from respondent Colorado filed. |
Response in opposition to motion of El Paso County Water Improvement District No. 1 for leave to intervene by respondent New Mexico filed. |
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. |
Motion DISTRIBUTED for Conference of June 4, 2015. |
First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
Motion for leave to intervene filed by Elephant Butte Irrigation District referred to the Special Master. |
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. |
Motion for leave to intervene filed by El Paso County Water Improvement District No. 1. |
Motion DISTRIBUTED for Conference of April 24, 2015. |
Reply to Briefs Opposing Motion for Leave to Intervene of Hernandez, Steven Landeros Elephant Butte Irrigation District filed. |
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. |
Response in opposition to Elephant Butte Irrigation District's motion for leave to intervene from United States filed. |
Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed. |
Response to Elephant Butte Irrigation District's motion to intervene from petitioner Texas, Plaintiff filed. |
Response to Elephant Butte Irrigation District's motion to intervene from respondent Colorado filed. |
Order extending time to file response to Motion for leave to intervene to and including January 29, 2015, for all parties. |
Motion for leave to intervene filed by Elephant Butte Irrigation District. |
Oath of Special Master filed. |
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. |
DISTRIBUTED for Conference of September 29, 2014. |
Reply of respondent New Mexico filed. |
Objection to New Mexico's Lodging Request filed by Counsel for Texas. |
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. |
Texas's Brief in Response to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed. |
Brief amicus curiae of City of El Paso, Texas filed. |
Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
Lodging request received from the City of El Paso, Texas |
Lodging Request received from Counsel for New Mexico. |
Motion to dismiss Texas' Complaint and the United States' Complaint in Intervention filed by respondent New Mexico. |
Brief amicus curiae of City of Las Cruces filed. |
Motion for leave to intervene filed by United States GRANTED. |
Reply of United States in support of motion to intervene filed. (Distributed) |
DISTRIBUTED for Conference of March 28, 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. |
Response in support of motion of the United States for leave to intervene as a plaintiff from petitioner Texas, Plaintiff filed. (Distributed) |
Response to motion of the United States for leave to intervene as a plaintiff, from respondent New Mexico filed. (Distributed) |
Motion for leave to intervene filed by United States. |
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. |
Motion DISTRIBUTED for Conference of January 24, 2014. |
Motion for leave to file supplemental brief and supplemental brief in response to New Mexico's supplemental brief filed by petitioner Texas, Plaintiff. |
Supplemental brief of respondent New Mexico filed. |
Supplemental brief of respondent Colorado filed. |
Brief amicus curiae of United States filed. |
The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
DISTRIBUTED for Conference of April 12, 2013. |
Reply of petitioner Texas, filed. |
Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed. |
Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. |
Brief of respondent Colorado in opposition filed. |
Brief amicus curiae of City of El Paso, Texas filed. |
Brief amicus curiae of City of Las Cruces filed. |
Brief of respondent New Mexico in opposition filed. |
Motion for leave to file a bill of complaint filed. (Response due March 11, 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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