ON BILL OF COMPLAINT Decided May 19, 1980 and June 17, 1983 -- Order entered June 11, 1984 -- Decided and decree entered June 8, 1987. Opinions reported: 446 U.S. 540, 462 U.S. 554; order reported: 467 U.S. 1238; opinion and decree reported: 482 U.S. 124.
Rehnquist, Brennan, White, Marshall, Blackmun, O'Connor, Scalia, Kennedy.
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.
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 Master has also recommended a person to serve as River Master. We accept that recommendation.
It is Ordered, Adjudged, and Decreed that:
A. For purposes of this Decree:
1. "Accounting year" is the calendar year during which
the River Master makes the calculations required by Article III.B.1. below; "water year" is the calendar year immediately preceding the accounting year.
2. "Manual" is the Pecos River Master's Manual admitted into evidence as Texas Exhibit 108, which is an integral part of this Decree. The Manual may be modified from time to time in accordance with the terms of this Decree.
3. "Overage" is the amount of water delivered by New Mexico in any water year which exceeded the Article III(a) obligation for that year.
4. "Shortfall" is the amount by which the water delivered by New Mexico in any water year fell short of the Article III(a) obligation for that year.
A. The State of New Mexico, its officers, attorneys, agents, and employees ...