New settlement takes shape in battle over Rio Grande

By Jennifer Yachnin | 03/14/2025 01:31 PM EDT

Texas, New Mexico, Colorado and the Trump administration are optimistic they can hatch a water-rights deal to replace an effort rejected by the Supreme Court.

Low water levels are pictured July 10, 2021, at Elephant Butte Reservoir near Truth or Consequences, New Mexico.

Low water levels are pictured July 10, 2021, at Elephant Butte Reservoir near Truth or Consequences, New Mexico. Colorado, New Mexico and Texas must share water from the Rio Grande. Susan Montoya Bryan/AP

A settlement could be on the horizon in the long-running legal battle over the waters of the Rio Grande nearly a year after the Supreme Court rejected a previous deal, according to new court documents.

The states engaged in Texas v. New Mexico and Colorado and the federal government revealed their progress during a status hearing late last month before federal Judge D. Brooks Smith.

“The parties expressed optimism that they had identified a path toward settlement,” wrote Smith, a George W. Bush appointee. “They explained, however, that more work needed to be done, especially with regard to aspects of any potential agreement which will require input and advice from technical experts.”

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But the 3rd U.S. Circuit Court of Appeals judge who is acting as special master in the case at the behest of the Supreme Court, also set a new trial date in the case for early June even as mediation continues.

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