A hastily negotiated river compact leads to problems in equitable apportionment of the Canadian River
Article Abstract:
Oklahoma & Texas v New Mexico was a dispute between the states on equitable water apportionment under the Canadian River Compact. According to the Compact, New Mexico had an unrestricted right to use waters originating above the Conchas Dam. At issue were the rights to downstream spill waters from a 1987 Canadian River flood which New Mexico claimed a right to because they originated above the dam. The US Supreme Court disagreed, ruling that these waters originated below the dam. The court thus safeguarded Oklahoma and Texas rights without unduly burdening New Mexico.
Publication Name: Natural Resources Journal
Subject: Law
ISSN: 0028-0739
Year: 1992
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Which right is right: the pueblo water rights doctrine meets prior appropriation
Article Abstract:
New Mexico's Court of Appeals has denied Las Vegas expanded water rights in State ex rel. Martinez v. City of Las Vegas. The city was granted such rights under the pueblo water rights doctrine in a 1958 case, but the Court of Appeals has ruled Mexican and Spanish law does not support the doctrine. A procedural question, of whether the court can overrule the state Supreme Court's 1958 decision, has led to the Supreme Court accepting the case for review. It has the opportunity to purge the unsupported doctrine from New Mexico law.
Publication Name: Natural Resources Journal
Subject: Law
ISSN: 0028-0739
Year: 1995
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Administration of reserved and non-reserved water rights on an Indian reservation: post-adjudication questions on the Big Horn River
Article Abstract:
The Wyoming District Court in In Re Big Horn River System ruled in favor of the federally reserved water right's inherent immunity to state law and on the proper authority to enforce that right on an Indian reservation. The Indians in question were the Shoshone and Arapaho tribes. The court approved the tribal request to transfer the enforcement powers from the state engineer to the Tribal Water Resources Control Board.
Publication Name: Natural Resources Journal
Subject: Law
ISSN: 0028-0739
Year: 1992
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