Category Archives: Texas Water Wars

Texas v. New Mexico – Where Are We Now?

Posted on August 5, 2024 by tiffany.dowell

Recently, Jesse Richardson and I co-authored an article for Southern Ag Today looking at the current status of Texas v. New Mexico and what the United States Supreme Court’s recent opinion in this case may mean for water law going forward. To read the article, click here. For additional background on the case, read here and listen here.

February 2, 2024 Weekly Round Up

Posted on February 2, 2024 by tiffany.dowell

February is coming in hot on the agricultural law front! We have a number of updates on important issues from around the country. *Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20. You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio… Read More →

July 14, 2023 Weekly Round Up

Posted on July 14, 2023 by tiffany.dowell

There has been no summer break for news in the agricultural law world. Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released. A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year. The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

January 13, 2023 Weekly Round Up

Posted on January 13, 2023 by tiffany.dowell

I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception. Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule. The Biden administration released the pre-publication version of their “Waters of the United States” definition. The 600-page document goes into significant detail about the new regulatory definition. The Rule will be effective 60 days after… Read More →

November 11, 2022 Weekly Round Up

Posted on November 11, 2022 by tiffany.dowell

Happy Veteran’s Day, and thank you to all who have served. We’re back again with a number of developments in the agricultural law world over the past few weeks. *PRF Deadline December 1. Don’t forget that the deadline to sign up for Pasture, Range & Forage insurance (commonly referred to as “rainfall insurance”) is coming up on December 1. To read more about this insurance option, click here. For a detailed discussion of PRF and the decisions a landowner must make during sign up, click here for a… Read More →

September 16, 2022 Weekly Round Up

Posted on September 16, 2022 by tiffany.dowell

I apologize for missing our last weekly round up post. We’re back today with lots of agricultural law news from around the country. *Settlement deadline looming in Texas v. New Mexico water lawsuit. Michael Melloy has given Texas and New Mexico until September 23 to reach a settlement in the ongoing Texas v. New Mexico water lawsuit currently pending at the US Supreme Court. If the parties fail to meet that deadline, the case is set to go to trial, set in Cedar Rapids, IA, in January. [Read article… Read More →

March 18, 2022 Weekly Round Up

Posted on March 18, 2022 by tiffany.dowell

It has a been a wild couple of weeks around here with seven presentations since the last Weekly Round Up. Like my schedule, it’s been a busy couple of weeks in the ag law realm as well. * Parties continue settlement discussions in Texas v. New Mexico. As noted last week, the Special Master overseeing the litigation in Texas v. New Mexico postponed the trial date and gave the parties until March 1 to report back on settlement negotiations. The parties have asked for additional time to continue ongoing negotiations and will… Read More →

March 4, 2022 Weekly Round Up

Posted on March 4, 2022 by tiffany.dowell

Happy Friday! There have been a number of agricultural law stories in the news over the past couple of weeks. *Texas Supreme Court hears oral arguments in Hlavinka v. HSC Pipeline Partnership. The Texas Supreme Court recently heard oral arguments in an important eminent domain case analyzing what a pipeline must show in order to claim common carrier status and the ability of a landowner to testify regarding other pipeline easement values. To read my summary of the court of appeals’ decision being reviewed by the Supreme Court, click… Read More →

May 25, 2018 Ag Law Round Up

Posted on May 25, 2018 by tiffany.dowell

Good morning from sunny Lubbock, Texas! I am here for the 12th Annual John Huffaker Ag Law Course, a legal education symposium for attorneys. I had the privilege of discussing farm and ranch leases yesterday and have really enjoyed the other fantastic speakers on the program. Here are some of the ag law stories in the news over the last couple of weeks: *New Mexico files counterclaims against Texas and United States in water law suit. The New Mexico Attorney General has filed the State’s Answer to the… Read More →

Water Wars in the US Supreme Court: Why Should Agriculture Care?

Posted on May 21, 2018 by tiffany.dowell

I recently did a webinar with my friend and WVU law professor, Jesse Richardson, talking about the various interstate lawsuits at the US Supreme Court dealing with water. We provided an overview of equitable apportionment, walked through four cases–Mississippi v. Tennessee, Florida v. Georgia, Montana v. Wyoming, and Texas v. New Mexico–and then drew some conclusions based on each of these cases, including why agriculture is at the center of each of them. The webinar was recorded, and can be viewed by clicking here.