Supreme Court Hears Challenge to Rio Grande Consent Decree; U.S. Says Decree Would Bind Federal Claims

The Supreme Court on Thursday heard arguments over a proposed consent decree that would resolve an interstate dispute under the Rio Grande Compact, with the United States urging the justices not to approve the settlement because it would dispose of federal claims without the federal government’s consent.

"A consent decree requires consent," United States counsel Mister Liu told the Court. He argued the proposed decree "would dispose of the United States' claims without its consent" and could "impose obligations on the United States" that conflict with downstream federal contracts and the Reclamation Act. The government said the decree would permit ongoing, unsustainable groundwater pumping and could leave the United States unable to vindicate its compact-related rights elsewhere.

Why it matters: The dispute centers on which baseline should govern measurements of the compact’s water allocation — an older "1938" baseline the government says should apply, or a longstanding operational "D2" baseline reflected in later…