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- Subject: OKLAHOMA v. NEW MEXICO, Syllabus
-
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
- OKLAHOMA et al. v. NEW MEXICO
-
-
- on exceptions to report of special master
-
- No. 109, Orig. Argued April 16, 1991 -- Decided June 17, 1991
-
- The Canadian River flows through New Mexico and the Texas Panhandle before
- entering Oklahoma. Its waters are apportioned among these States by the
- Canadian River Compact. Article IV(a) of the Compact gives New Mexico free
- and unrestricted use of all waters "originating" in the river's drainage
- basin above Conchas Dam -- a structure that predates the Compact and
- provides water to the Tucumcari Project, a federal reclamation project --
- and IV(b) gives it free and unrestricted use of waters "originating" in the
- river's drainage basin below that dam, limiting the "conservation storage"
- for impounding those waters to 200,000 acre-feet. In 1963, New Mexico
- constructed Ute Dam and Reservoir downstream from Conchas Dam. In 1984,
- Ute Reservoir was enlarged, giving it a storage capacity of 272,800
- acre-feet, which has been reduced to about 237,900 feet because of silting.
- Oklahoma and Texas filed this litigation, contending that Article IV(b)'s
- limitation is imposed on reservoir capacity available for conservation, and
- that capacity for the socalled "desilting pool" portion of Ute Reservoir
- was not exempt from that limitation because it was not allocated solely to
- "sediment control." In 1987, while the case was pending, the river above
- Conchas Dam flooded, spilling over that dam, and Ute Reservoir caught a
- sufficient amount of spill waters to exceed 200,000 acre-feet. When New
- Mexico refused to count the spill waters for purposes of the limitation,
- Texas and Oklahoma filed a supplemental complaint, claiming that if the
- limitation applies to actual stored water, then water spilling over Conchas
- Dam or seeping back from Tucumcari Project constitutes waters originating
- below Conchas Dam under Article IV(b). As relevant here, the Special
- Master's Report recommended that (1) Article IV(b) imposes a limitation on
- stored water, not physical reservoir capacity (Part VI of the Report); (2)
- water originating in the river basin above Conchas Dam but reaching the
- river's mainstream below that dam as a result of spills or releases from
- the dam or seepage and return flow from Tucumcari Project are subject to
- the Article IV(b) limitation (Part VII); (3) the issue whether and to what
- extent the water in Ute Reservoir's "desilting pool" should be exempt from
- the Article IV(b) limitation should be referred to the Canadian River
- Compact Commission for negotiations and possible resolution (Part VIII);
- and (4) if the recommendations are approved, New Mexico will have been in
- violation of Article IV(b) since 1987, and the case should be returned to
- the Special Master for determination of any injury to Oklahoma and Texas
- and recommendations for appropriate relief. The States have filed
- exceptions.
-
- Held:
-
- 1. Oklahoma's exception to the recommendation in Part VI of the
- Master's Report is overruled. Nothing on the Compact's face indicates a
- clear intention to base New Mexico's limitation on available reservoir
- capacity when Texas' limitation is based on stored water. Early drafts
- uniformly referred to stored water, and the contemporaneous memoranda and
- statements of compact commissioners and their staffs do not explain why a
- change to "storage capacity" was made in the final draft, although it is
- most probable the terms were being used loosely and interchangeably. Pp.
- 6-8.
-
- 2. Also overruled are New Mexico's exceptions to the recommendation in
- Part VII of the Report. New Mexico errs in arguing that the term
- "originating" is unambiguous, and that there are no restrictions on the
- impoundment of the spill waters, since they are waters originating above
- Conchas Dam, to which the State has free and unrestricted use under Article
- IV(a). Rather, the Special Master correctly concluded that the Compact's
- drafters intended in Article IV(a) to give New Mexico free and unrestricted
- use of waters "originating" in the river's drainage basin above Conchas Dam
- only if the waters were stored, used, or diverted for use at or above
- Conchas Dam. There is substantial evidence that, in drafting the Compact,
- Texas and Oklahoma agreed that storage limits were not necessary for waters
- above Conchas Dam because the waters in that basin had been fully
- developed, that any future water development would necessarily occur below
- that dam, and that 200,000 acre-feet of storage rights would satisfy all of
- New Mexico's future needs below the dam. The Compact's ambiguous use of
- the term "originating" can be harmonized with the drafters' apparent intent
- only if it is interpreted so that waters spilling over or released from
- Conchas Dam, or returned from Tucumcari Project, are considered waters
- originating below Conchas Dam. Thus, any water stored in excess of the
- 200,000 acre-feet limit should have been allowed to flow through Ute Dam
- for use by the downstream States, rather than being impounded by New
- Mexico. Pp. 8-17.
-
- 3. Texas' and Oklahoma's exception to the recommendation in Part VIII
- of the Report is sustained insofar as those States argue that the
- "desilting pool" issue should not be referred to the Commission. There was
- no legal basis for the Master's refusing to decide whether the water in the
- desilting pool should be counted towards the Article IV(b) limitation,
- since a dispute clearly exists in this case, and since there is no claim
- that the issue has not been properly presented. Arizona v. California, 373
- U. S. 546. Thus, the matter must be remanded to the Master for such
- further proceedings as may be necessary and a recommendation on the merits.
- Pp. 17-19.
-
- Exceptions sustained in part and overruled in part, and case remanded.
-
- White, J., delivered the opinion of the Court, in which Marshall, Blackmun,
- Stevens, and Souter, JJ., joined, and in Parts I, II, and IV of which
- Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined.
- Rehnquist, C. J., filed an opinion concurring in part and dissenting in
- part, in which O'Connor, Scalia, and Kennedy, JJ., joined.
-
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