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COLORADO v. NEW MEXICO

No. 80, Orig.

459 U.S. 176 (1982)

103 S.Ct. 539

74 L.Ed.2d 348

COLORADO v. NEW MEXICO ET AL.

Supreme Court of United States.

Decided December 13, 1982.

Attorney(s) appearing for the Case

Richard A. Simms, Special Assistant Attorney General of New Mexico, argued the cause for defendants. With him on the briefs were Jeff Bingaman, Attorney General, and Jay F. Stein, Special Assistant Attorney General.

Robert F. Welborn, Special Assistant Attorney General of Colorado, argued the cause for plaintiff. With him on the briefs were J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, and William A. Paddock and Dennis M. Montgomery, Assistant Attorneys General.*

JUSTICE MARSHALL delivered the opinion of the Court.

This case concerns the proper apportionment between New Mexico and Colorado of the water of an interstate river. The water of the Vermejo River is at present fully appropriated by users in New Mexico. Colorado seeks to divert water for future uses. Invoking this Court's original jurisdiction under Art. III, § 2, of the Constitution, Colorado brought this action for an equitable apportionment of the water of...

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