Federal judge: Wait for US Supreme Court to act on Texas lawsuit before pursuing lower court action on Rio Grande management

US District Court Judge James O. Browning issued a stay this morning (Fri. 3/29/2013) in New Mexico’s lawsuit against the federal government over water management at Elephant Butte Reservoir in southern New Mexico.

The state suit alleges that the US Bureau of Reclamation improperly released water to Texas in 2011 that should have been retained in the reservoir as part of New Mexico’s water savings account. Since that time, Texas filed a separate lawsuit asking the US Supreme Court to step in and resolve the issues. Browning ruled that a separate lawsuit filed by Texas in the case could render moot much of the issues being hashed out in the New Mexico lawsuit.

Update: For what it’s worth, we’ve gotten comment from both the state and the feds. First Stephen Farris at the New Mexico Attorney General’s Office:

We are disappointed that there will be delay for our citizens who depend on surface water. New Mexico’s farmers in the lower Rio Grande need to have access to their fair share of water, especially during this unforgiving drought. We will continue to stand against the unlawful taking of New Mexican’s water in Federal District Court and the United States Supreme Court.

And Mary Carlson, spokeswoman for the USBR:

The United States is waiting for the Supreme Court’s determination on jurisdiction before commenting on the impact of Judge Browning’s stay.

 

Here’s Browning’s ruling:

Browning Stay