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Docket for 22O141
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No. 22O141
Title:Texas, Plaintiff
v.
New Mexico and Colorado
Docketed:January 10, 2013
Lower Ct:
   Case Numbers:
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Jan 01 2013Documents filed with the Special Master may be found on the Special Master's website at www.gordonarata.com/tvnm
Jan 08 2013Motion for leave to file a bill of complaint filed. (Response due March 11, 2013)
Mar 11 2013Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed.
Mar 11 2013Brief amicus curiae of El Paso County Water Improvement District No. 1 filed.
Mar 11 2013Brief of respondent Colorado in opposition filed.
Mar 11 2013Brief amicus curiae of City of El Paso, Texas filed.
Mar 11 2013Brief of respondent New Mexico in opposition filed.
Mar 11 2013Brief amicus curiae of City of Las Cruces filed.
Mar 22 2013Reply of petitioner Texas, filed.
Mar 27 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 10 2013Brief amicus curiae of United States filed.
Dec 31 2013Supplemental brief of respondent New Mexico filed.
Dec 31 2013Supplemental brief of respondent Colorado filed.
Jan 07 2014Motion for leave to file supplemental brief and supplemental brief in response to New Mexico's supplemental brief filed by petitioner Texas, Plaintiff.
Jan 08 2014Motion DISTRIBUTED for Conference of January 24, 2014.
Jan 27 2014Motion for leave to file a bill of complaint is GRANTED. Motion for leave to file supplemental brief is GRANTED. New Mexico is allowed 60 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. Plaintiff is allowed 45 days to file a response to the motion. A reply, if any, shall be filed within 15 days after the response is filed.
Feb 27 2014Motion for leave to intervene filed by United States.
Mar 10 2014Order extending time to file the Motion to Dismiss the Bill of Complaint filed by Texas to a date 30 days after the Court issues an order on the Motion for Leave to Intervene filed by the United States. Extension granted for all Respondents.
Mar 10 2014Response in support of motion of the United States for leave to intervene as a plaintiff from petitioner Texas, Plaintiff filed. (Distributed)
Mar 10 2014Response to motion of the United States for leave to intervene as a plaintiff, from respondent New Mexico filed. (Distributed)
Mar 12 2014DISTRIBUTED for Conference of March 28, 2014.
Mar 14 2014Reply of United States in support of motion to intervene filed. (Distributed)
Mar 31 2014Motion for leave to intervene filed by United States GRANTED.
Apr 30 2014Motion to dismiss Texas' Complaint and the United States' Complaint in Intervention filed by respondent New Mexico.
Apr 30 2014Brief amicus curiae of City of Las Cruces filed.
May 08 2014Lodging Request received from Counsel for New Mexico.
Jun 16 2014Brief for the United States in opposition to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed.
Jun 16 2014Texas's Brief in Response to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed.
Jun 16 2014Brief amicus curiae of City of El Paso, Texas filed.
Jun 16 2014Lodging request received from the City of El Paso, Texas
Jun 16 2014Brief amicus curiae of Hudspeth County Conservation and Reclamation District No. 1 filed.
Jun 16 2014Brief amicus curiae of El Paso County Water Improvement District No. 1 filed.
Jun 17 2014Objection to New Mexico's Lodging Request filed by Counsel for Texas.
Jul 01 2014Reply of respondent New Mexico filed.
Jul 09 2014DISTRIBUTED for Conference of September 29, 2014.
Nov 03 2014It is ordered that A. Gregory Grimsal, Esquire, of New Orleans, Louisiana, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.
Nov 06 2014Oath of Special Master filed.
Dec 03 2014Motion for leave to intervene filed by Elephant Butte Irrigation District.
Dec 10 2014Order extending time to file response to Motion for leave to intervene to and including January 29, 2015, for all parties.
Jan 29 2015Response in opposition to Elephant Butte Irrigation District's motion for leave to intervene from United States filed.
Jan 29 2015Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed.
Jan 29 2015Response to Elephant Butte Irrigation District's motion to intervene from petitioner Texas, Plaintiff filed.
Jan 29 2015Response to Elephant Butte Irrigation District's motion to intervene from respondent Colorado filed.
Feb 02 2015Order extending time to file a reply to the responses to the motion to intervene by Elephant Butte Irrigation District to and including March 20, 2015.
Mar 20 2015Reply to Briefs Opposing Motion for Leave to Intervene of Hernandez, Steven Landeros Elephant Butte Irrigation District filed.
Apr 08 2015Motion DISTRIBUTED for Conference of April 24, 2015.
Apr 22 2015Motion for leave to intervene filed by El Paso County Water Improvement District No. 1.
Apr 24 2015Order extending time to file response to motion to intervene file by El Paso County Water Improvement District No. 1 granted to and including June 10, 2015, for all parties. Reply briefs are due July 10, 2015.
Apr 27 2015Motion for leave to intervene filed by Elephant Butte Irrigation District referred to the Special Master.
May 06 2015First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
May 19 2015Motion DISTRIBUTED for Conference of June 4, 2015.
May 26 2015Order extending time to file a response to the Special Master's motion for Allowance of Fees and Disbursements to and including June 12, 2015 for all parties.
Jun 10 2015Brief of United States in opposition to El Paso County Water Improvement District No. 1's motion for leave to intervene filed.
Jun 10 2015Brief in response to El Paso County Water Improvement District No. 1's motion for leave to intervene of Texas, Plaintiff filed.
Jun 10 2015Response in opposition to motion of El Paso County Water Improvement District No. 1 for leave to intervene by respondent New Mexico filed.
Jun 10 2015Response to El Paso County Water Improvement District No. 1's motion for leave to intervene from respondent Colorado filed.
Jun 17 2015Motion DISTRIBUTED for Conference of September 28, 2015.
Jul 10 2015Reply in Support of Motion of El Paso County Water Improvement District No. 1 for leave to intervene filed by El Paso County Water Improvement District No. 1 .
Jul 15 2015Motion of El Paso County Water Improvement District No. 1 for leave to intervene DISTRIBUTED for Conference of September 28, 2015.
Jul 15 2015Motion of the Special Master for Allowance of Fees and Disbursements. DISTRIBUTED for Conference of September 28, 2015.
Oct 05 2015Motion for leave to intervene filed by El Paso County Water Improvement District No. 1 referred to the Special Master.
Oct 05 2015The First Interim motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $195,461.53 for the period November 3, 2014, through April 30, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
Nov 02 2015Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Nov 12 2015Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico.
Nov 18 2015Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015.
Nov 23 2015Motion DISTRIBUTED for Conference of December 11, 2015.
May 17 2016Motion DISTRIBUTED for Conference of May 19, 2016.
May 20 2016Rescheduled.
May 20 2016Letter from Special Master regarding fees received.
May 31 2016The Second Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 20, 2016, is GRANTED, and the Special Master is awarded a total of $200,000.00, for the period May 1, 2015, through October 31, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
Feb 13 2017First Interim Report of the Special Master received.
Mar 01 2017Special Master Report DISTRIBUTED for Conference of March 17, 2017.
Mar 13 2017Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Mar 20 2017The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Mar 31 2017The March 30, 2017, joint request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before June 9, 2017; Replies are due on or before July 28, 2017; Sur-replies are due on or before September 1, 2017.
May 22 2017The Third Interim Motion of the Special Master for Allowance of Fees and Disbursements, as amended by his letter dated May 17, 2017, is GRANTED, and the Special Master is awarded a total of $219,125.57, for the period November 2, 2015, through March 13, 2017, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado.
Jun 09 2017Exception of the United States and Brief in support of Exception filed.
Jun 09 2017Exceptions to the First Interim Report of the Special Master filed by Colorado
Jun 09 2017Exceptions to the First Interim Report of the Special Master filed by New Mexico.
Jun 09 2017Brief amicus curiae of Albuquerque Bernalillo County Water Utility Authority filed.
Jun 09 2017Brief amicus curiae of City of Las Cruces filed.
Jun 09 2017Motion for leave to file amicus brief filed by New Mexico Pecan Growers.
Jun 09 2017Motion for leave to file amicus brief filed by New Mexico State University.
Jun 20 2017Letter from the Acting Solicitor General proposing to lodge non-record material with the Court.
Jul 28 2017Reply of United States to the exceptions of the report of the Special Master filed.
Jul 28 2017Reply of New Mexico to the exceptions to the report of the Special Master filed.
Jul 28 2017Reply of Colorado to the exceptions to the report of the Special Master filed.
Jul 28 2017Reply of Texas to the exceptions to the report of the Special Master filed.
Jul 28 2017Brief amicus curiae of El Paso County Water Improvement District No. 1 filed. (corrected)
Jul 28 2017Brief amicus curiae of City of El Paso, TX filed.
Jul 28 2017Brief amicus curiae of Elephant Butte Irrigation District filed.
Aug 04 2017Brief amicus curiae of Kansas filed.
Aug 31 2017Texas's Sur Reply filed.
Sep 01 2017Sur Reply for the United States filed.
Sep 01 2017New Mexico's Sur Reply filed.
Sep 01 2017Colorado's Sur Reply filed.
Oct 10 2017Motion for leave to file amicus brief filed by New Mexico State University GRANTED.
Oct 10 2017Motion for leave to file amicus brief filed by New Mexico Pecan Growers GRANTED.
Oct 10 2017New Mexico's motion to dismiss Texas's complaint is DENIED.
Oct 10 2017The motion of Elephant Butte Irrigation District for leave to intervene is DENIED.
Oct 10 2017The motion of El Paso County Water Improvement District No. 1 for leave to intervene is DENIED.
Oct 10 2017The exception of the United States and the first exception of Colorado to the First Interim Report of the Special Master (Feb. 13, 2017) are set for oral argument in due course.

NAMEADDRESSPHONE
Attorneys for Plaintiff
Stuart L. Somach
    Counsel of Record
500 Capitol Mall, Suite 1000
Sacramento, CA 95814-2403

ssomach@somachlaw.com
(916) 446-7979
Party name: Texas
Attorneys for Respondents
Gary Kenneth KingAttorney General
408 Galisteo Street
Santa Fe, NM 87504

gking@nmag.gov
(505)-827-6000
Party name: New Mexico
John SuthersAttorney General
State Services Building
1525 Sherman Street, 7th floor
Denver, CO 80203

Party name: Colorado
Sarah A. BondAssistant Attorney General
P.O. Drawer 1508
Santa Fe, NM 87501

sbond@nmag.gov
(505) 827-6000
Party name: New Mexico
Marcus Joseph Rael
    Counsel of Record
New Mexico Office of the Attorney General
P.O. Drawer 1508
Santa Fe, NM 87501

marcus@roblesrael.com
505-239-4672
Party name: New Mexico
Chad Matthew Wallace
    Counsel of Record
Colorado Department of Law
1300 Broadway
Denver, CO 80203

chad.wallace@coag.gov
720-508-6281
Party name: Colorado
Other
Andrew Stephen MillerKemp Smith LLP
816 Congress Ave.
Suite 1260
Austin, TX 78701

dmiller@kempsmith.com
(512)-320-5466
Party name: Hudspeth County Conservation and Reclamation District No. 1
James M. Speer Jr.300 East Main
Suite 1032
El Paso, TX 79901

jmspeer@htg.net
Party name: El Paso County Water Improvement District No. 1
Douglas G. CaroomBickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expressway
Building One, Suite 300
Austin, TX 78746

dcaroom@bickerstaff.com
512 472 8021
Party name: City of El Paso, Texas
Jay Francis SteinP.O. Box 2067
Santa Fe, NM 87504

jfsteun@newmexicowaterlaw.com
(505) 983-3880
Party name: City of Las Cruces
Donald B. Verrilli Jr.Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
(202) 514-2217
Party name: United States
Steven Landeros HernandezPO Box 13108
Las Cruces, NM 88013

slh@lclaw-nm.com
Party name: Elephant Butte Irrigation District
Roderick E. WalstonBest Best & Krieger LLP
2001 N Main Street, Suite 390
Walnut Creek, CA 94596

roderick.walston@bbklaw.com
(925) 977-3300
Party name: Elephant Butte Irrigation District
A. Gregory GrimsalGordon, Arata, Montgomery, Barnett,McCollam Duplantis & Eagan LLC
201 St. Charles Avenue, 40th Floor
New Orleans, LA 70170

ggrimsal@gamb.law
(504) 569-1834
Party name: Special Master
Noel FranciscoSolicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
James Craig BrockmannStein & Brockman
PO Box 2067
Santa Fe, NM 87504-2067

jcbrockmann@newmexicowaterlaw.com
(505) 983-3880
Party name: Albuquerque Bernalillo County Water Utility Authority
Tessa Tawn DavidsonP.O. Box 2240
Corrales, NM 87048

ttd@tessadavidson.com
505 792-3636
Party name: New Mexico Pecan Growers
John Weighill UttonP.O. Box 2386
Santa Fe, NM 87504

john@uttonkery.com
505-699-1445
Party name: New Mexico State University
Noel Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
James M. Speer Jr.
    Counsel of Record
300 East Main, Suite 1032
El Paso, TX 79901

jmspeer@htg.net
(915)534-7393
Party name: El Paso County Water Improvement District No. 1
Douglas G. Caroom
    Counsel of Record
3711 S. MoPac Expressway
Building One, Suite 300
Austin, TX 78746

(512) 472-8021
Party name: City of El Paso, TX
Samantha R. Barncastle
    Counsel of Record
Barncastle Law Firm
P.O. Box 1556
Las Cruces, NM 88004

samantha@h2o-legal.com
(575) 636-2377
Party name: Elephant Butte Irrigation District
Stephen R. McAllister
    Counsel of Record
Solicitor General of Kansas
120 S.W. 10th Ave 2nd floor
Topeka, KS 66612

steve.mcallister@trqlaw.com
(785) 296 2215
Party name: Kansas
Tessa Tawn Davidson
    Counsel of Record
P.O. Box 2240
Corrales, NM 87048

ttd@tessadavidson.com
505 792-3636
Party name: New Mexico Pecan Growers
John Weighill Utton
    Counsel of Record
P.O. Box 2386
Santa Fe, NM 87504

john@uttonkery.com
505-699-1445
Party name: New Mexico State University

 

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