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(New Mexico News Connection) A delegation of New Mexico lawmakers is asking the federal government to quickly resolve long-standing litigation affecting water users in the Rio Grande Basin.

In a 2013 lawsuit, Texas alleged New Mexico farmers were using groundwater previously allocated to Texas. Then in 2022, the two states reached an out-of-court agreement. But the federal government objected and a subsequent U.S. Supreme Court ruling said government consent was needed first.

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Andrew Mergen, visiting assistant clinical professor of environmental law at Harvard University, said a lot has changed since the original water compact was signed in 1939.

"This is, in some ways, about growth in New Mexico that has accelerated groundwater pumping in the Rio Grande," Mergen pointed out. "How are you going to manage that groundwater pumping in a way that the compact terms are met?"

New Mexico's U.S. Senators and Representatives have sent a letter to the Departments of Interior and Justice asking for resolution by year's end. Bergen believes it is unlikely but without it, the states and federal government must argue their case at a trial in federal court.

Mergen noted decades-old water allocations in the West were based on what was known at the time. Parties could only guess about population growth and could not anticipate the advent of more oil and gas drilling, increased groundwater crop irrigation and sustained periods of drought, all amid climate change.

"That's what makes this profoundly difficult," Mergen observed. "That's what the rub of this case is, that the compact was negotiated a long time ago. Things change. How do you account for change?"

The Rio Grande Basin is critical to agriculture, industry and the environment, providing irrigation water for nearly 2 million acres of crop and pasture land, supporting the outdoor recreation economy and providing habitat for fish and wildlife.