Texas v. New Mexico
Headline: Appoints Neil S. Grigg as River Master for the Pecos River, grants subpoena power, and authorizes New Mexico and Texas to pay approved expenses; Chief Justice may appoint during Court recess.
Holding:
- Allows River Master to subpoena and obtain usable Pecos River data.
- Permits payment of approved expenses and legal fees by New Mexico and Texas.
- Chief Justice can appoint a replacement if the position becomes vacant during a recess.
Summary
Background
The Court issued an order appointing Neil S. Grigg as River Master for the Pecos River to carry out the duties set out in the Amended Decree of March 28, 1988. The order updates an earlier Court appointment and explains the River Master’s role in overseeing matters related to the Pecos River under that decree.
Reasoning
The Court authorized the River Master to subpoena information or data that he considers necessary or desirable, so long as the material is compiled in a reasonably usable form. The order also allows the River Master to incur necessary expenses, including the cost of competent legal advice he deems needed, and to receive reasonable fees for his services. The River Master must submit quarterly statements of those expenses and fees to the Court for approval, and once approved the costs will be paid by the State of New Mexico and the State of Texas.
Real world impact
Practically, the River Master will have formal authority to gather data and to hire legal help as needed to perform his duties, with states covering approved costs. The appointment is administrative: it implements supervision and fact-finding for Pecos River matters rather than resolving broader legal rights, and the Court’s order governs the River Master’s powers and funding procedure. The order also provides that if the River Master post becomes vacant while the Court is in recess, the Chief Justice may make a temporary designation with the same effect as a Court appointment.
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