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    TEXAS v. NEW MEXICO, 485 U.S. 388 (1988)

    U.S. Supreme Court

    TEXAS v. NEW MEXICO, 485 U.S. 388 (1988)

    485 U.S. 388

    TEXAS v. NEW MEXICO
    ON BILL OF COMPLAINT
    No. 65, Orig.
    Decided May 19, 1980 and

    In this dispute between Texas and New Mexico over the extent of New Mexico's obligation to deliver water to Texas under the terms of the Pecos River Compact, New Mexico's exceptions to the Special Master's report are overruled, the report is approved, and an amended decree and order appointing a River Master are entered.

    Exceptions overruled; amended decree and order entered.

    Opinions reported: 446 U.S. 540, 462 U.S. 554; order reported: 467 U.S. 1238 ; opinion and decree reported: 482 U.S. 124 .

    PER CURIAM.

    Last Term we issued a decree in this case which enjoined the State of New Mexico "to comply with its Article III(a) obligation under the Pecos River Compact and to determine the extent of its obligation in accordance with the formula approved by the decisions of this Court." Texas v. New Mexico, 482 U.S. 124, 133 (1987). We retained jurisdiction for the purpose of any order, direction, or modification of the decree as might be deemed proper. In particular, we approved the Special Master's recommendation that a River Master be appointed in this case, and requested that on remand the Special Master "recommend an amendment to the decree, specifying as he deems necessary the duties of the River Master and the consequences of his determinations. Any other suggestions for amendments should also be called to our attention." Id., at 135.

    The Special Master has now submitted a report, which includes a proposed amended decree. New Mexico's motion for leave to file a reply brief is granted. New Mexico's exceptions to the report are overruled. The report is approved and an amended decree will issue forthwith. The Special [485 U.S. 388, 389]   Master has also recommended a person to serve as River Master. We accept that recommendation.

    I

    A. For purposes of this Decree:

    II

    A. The State of New Mexico, its officers, attorneys, agents, and employees are hereby enjoined:

    III

    A. Appointment. The appointment of a River Master is made by the attached Order of Appointment.

    B. Duties. The River Master shall perform the following duties:

    C. Modification of Manual.

    D. Effect of River Master's Determination. Unless stayed by this Court, any Final Report, Approved Plan, Compliance Report, or Modification Determination (hereinafter, collectively, "Final Determination") shall be effective upon its adoption, and shall be subject to review by this Court only on a showing that the Final Determination is clearly erroneous. A party seeking review of a Final Determination must file a motion with the Clerk of this Court within thirty (30) days of its adoption, which motion shall set forth the Final Determination on which review is sought and a concise statement of the basis of the claim that the Final Determination is clearly erroneous.

    E. Authority of Pecos River Commission. Nothing in this Decree is intended to displace the authority of the Pecos River Commission to administer the Pecos River Compact, and if the Commissioners reach agreement on any matter, the parties shall advise the Court and seek an appropriate amendment to this Decree.

    F. Communication with River Master. Ex parte communications with the River Master are forbidden. Any written communication with the River Master by motion or otherwise shall be simultaneously served by mail on the opposing party. Any oral communication with the River Master shall be made in the presence of the opposing party, whether by telephone conference call or in person.

    G. Distribution of Costs. The compensation of, and the costs and expenses incurred by, the River Master shall be approved by the Court and borne equally by the State of Texas and the State of New Mexico.

    IV

    A. The United States is dismissed from this proceeding without prejudice. [485 U.S. 388, 394]  

    V

    The Court retains jurisdiction of this suit for the purpose of any order, direction, or modification of the Decree, or any supplementary decree, that may at any time be deemed proper in relation to the subject matter in controversy.

    IT IS ORDERED that Neil S. Grigg be and he hereby is appointed River Master of the Pecos River for the purpose of performing the duties set forth in the Amended Decree of March 28, 1988.

    IT IS FURTHER ORDERED that the River Master shall have the power and authority to subpoena information or data, compiled in reasonable usable form, which he deems necessary or desirable for the proper and efficient performance of his duties.

    IT IS FURTHER ORDERED that the River Master is allowed his necessary expenses and reasonable fees for his services, statements for which shall be submitted quarterly to the Court for its approval. Upon Court approval, such statements will be paid by the State of New Mexico and the State of Texas.

    IT IS FURTHER ORDERED that if the position of River Master becomes vacant during a recess of the Court, THE CHIEF JUSTICE shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

    JUSTICE STEVENS took no part in the consideration or decision of this case. [485 U.S. 388, 395]  

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