New Mexico Sues Federal Government Over Rio Grande Project Water

The State of New Mexico filed a Declaratory Judgment action against the federal government on August 8, 2011, claiming that the federal government has denied New Mexico its rightful allocation of surface water in the Rio Grande Project. The State’s complaint argues that the federal government’s actions threaten the sustainable riverine environment, related aquifer, and the environment, flora, and fauna that rely on the Rio Grande and its connected groundwater. Through its action, New Mexico seeks a court order to permanently enjoin and declare void the 2008 Operating Agreement to be executed by the federal government on the grounds that it violates the Water Supply Act of 1958 because it seriously affects the purposes for which the Rio Grande Project was authorized, surveyed, planned or constructed and is a major operational change to the Rio Grande Project without approval by Congress.

More information about the Rio Grande Project can be found on the Federal Bureau of Reclamation’s website.

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