Colorado v. New Mexico II

467 U.S. 310 (1984)

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Colorado v. New Mexico II

United States Supreme Court
467 U.S. 310 (1984)

  • Written by Rose VanHofwegen, JD

Facts

Historically, nobody in Colorado (plaintiff) had ever used the water from the Vermejo River before it reached New Mexico (defendant). New Mexicans diverted and used the water for many years, and a 1941 decree apportioned the water rights among them. In 1975, a Colorado steel company obtained a conditional right to divert water from the river in Colorado state court. The New Mexico users with senior rights sued and successfully enjoined the diversion. Colorado filed an original complaint in the Supreme Court requesting an equitable apportionment for an interim agricultural use and five other possible permanent uses. Colorado claimed New Mexico used water from the Vermejo wastefully and inefficiently and that if the New Mexico users adopted “a closed stock and domestic water system,” it could save 2,000 acre-feet annually. The special master recommended permitting the diversion, reasoning New Mexico could offset its effects through reasonable conservation measures and that the benefits to Colorado would outweigh any injury to New Mexico. The Supreme Court found consideration of those factors appropriate, but the special master had not clearly stated factual findings in support of his recommendation. The Court remanded directing the special master to detail five specific factual findings. The special master prepared additional findings explaining his belief that more careful water administration in New Mexico would alleviate any shortages that Colorado’s proposed diversion might cause and that inefficient uses in New Mexico “should not be charged to Colorado.” New Mexico filed exceptions objecting to the report and additional factual findings.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

Dissent (Stevens, J.)

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