Texas v. New Mexico
Headline: Appoints a River Master for the Pecos River, authorizes subpoenas and expense payments by New Mexico and Texas, and allows the Chief Justice to fill the post during Court recess.
Holding:
- Gives the River Master authority to demand usable records for Pecos River oversight.
- Requires New Mexico and Texas to pay approved expenses and legal fees.
- Chief Justice can appoint a replacement if the post is vacant during Court recess.
Summary
Background
The Court ordered that Neil S. Grigg be appointed River Master of the Pecos River to carry out duties described in the Amended Decree of March 28, 1988. The order gives him the power to subpoena information or data compiled in reasonably usable form that he considers necessary for his work. It authorizes him to incur necessary expenses, including the cost of competent legal advice he deems required, and to receive reasonable fees for his services. He must submit statements quarterly to the Court for approval, and, once approved, the statements will be paid by the State of New Mexico and the State of Texas.
Reasoning
The central administrative question was who should serve as River Master and what powers and funding the position should have. The Court decided to appoint Neil S. Grigg and to grant him specific investigatory power (including subpoenas, meaning court-ordered demands for records) and authority to hire legal counsel when needed. The order ties payment of expenses and fees to the Court’s approval of quarterly statements and references the duties set in the earlier Amended Decree.
Real world impact
The appointment gives one named official clear authority to collect usable data and seek legal advice to manage Pecos River matters. New Mexico and Texas are designated to pay approved expenses, so the states will carry approved costs. The Chief Justice is empowered to name a replacement if the post becomes vacant during a Court recess, ensuring continuity. This is an administrative implementation, not a final ruling on underlying disputes, and thus is procedural rather than a change in substantive law.
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