Summary

Oklahoma v. New Mexico — Opinion of the Court

The Canadian is an unpredictable river: for the first 36 years of the Compact it lay dormant before it boiled over the Conchas Dam, spilling several hundred thousand acre-feet of water into the lower basin. The Compact allocated this water. New Mexico was entitled to keep as much as it wished in modest storage facilities to recapture its upper basin waters. All the rest would naturally flow down to Texas and Oklahoma. The Court today rewrites that simple allocation. While rivers such as the Canadian may be unpredictable, interpretation of contracts involving those rivers should not be.
Source: Wikisource

Oklahoma v. New Mexico — Opinion of the Court

The Court's approach conjures up impractical consequences where none exist. The language of the Compact does not in any way support the notion that Colorado (a State that did not even participate in the Compact) might forfeit its waters to New Mexico. Colorado's rights are not implicated by the Compact at all. Although a small portion of the Canadian River's waters arise in Colorado, only New Mexico, Texas, and Oklahoma participated in the Compact and are parties to it.
Source: Wikisource

Oklahoma v. New Mexico — Opinion of the Court

In light of the above ambiguity, which the dissent refuses to recognize, it is fairly arguable that if by virtue of its right to water originating in the drainage basin in New Mexico above Conchas Dam New Mexico also has the right to use and store water in the Canadian River in New Mexico that originated in Colorado, Article IV (b) should be construed in the same way: any water found in the river below Conchas, including spills, seepage and return flow from Tucumcari, must be deemed to have originated below Conchas and be subject to the 200,000 acre-feet storage limitation.
Source: Wikisource

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