Miller: U.S. Supreme Court deals a blow to Texas in Rio Grande ruling

HARLINGEN, Texas – Texas Agriculture Commissioner Sid Miller said the state has received some bad judicial news regarding management of water in the Rio Grande.

Miller said the U.S. Supreme Court ruled 5-4 against Texas in a case involving New Mexico. 

“We got some bad news yesterday. We had a lawsuit with the state of New Mexico because they are not releasing the water that they are supposed to,” Miller said.

“We actually have an agreement with them (New Mexico). And the Supreme Court ruled yesterday 5-4 that we can’t do that. They took away our state’s rights. We can’t sue the state of New Mexico.”

Miller continued: “We own the water in the rivers but the federal government said they own the water in the lakes. They’re managed by the United States Army Corps of Engineers. So that was a pretty big blow to us. Not only can we not get our (1944 Water Treat) agreement fulfilled with Mexico, we can’t get an agreement fulfilled with New Mexico.

“So we’re fighting amongst ourselves, too. So we’re going to have to deal with that.”

Miller gave his take on the ruling during a speech at a True Texas Project breakfast event. Held at the Revolution City Church in Harlingen, the event was titled: Water Crisis in the RGV: A Conversation with Ag Commissioner Sid Miller.”

The audience largely comprised farmers and irrigators. 

Miller also addressed an issue of singular interest to the Rio Grande Valley.

“Another problem that we have here in the Valley is infrastructure. With our irrigation canals – and somebody can correct me if I’m wrong, but I’ve been told this, I have not research it – we lose about 40 percent of our water, just through the infrastructure.”

Miller said there are no federal or state grants available to improve the infrastructure of the irrigation canals.

“There is a program through the USDA that the farmers are eligible for. It’s called the EQIP program – the environmental quality improvement program. It’s for water conservation mainly,” Miller said.

“So, I intend to work with the USDA to make sure the irrigation districts and the water districts are eligible for water project improvements. That’s exactly what that money is designated for. So we can come in and reline some of these canals.”

Miller said the evaporation in the irrigation canals could be addressed through covers.

“I sent a letter to (Secretary of State) Blinken, making the Biden Administration aware of it. No response, not surprised,” Miller said. 

Editor’s Note: Here is a video recording of most of Miller’s remarks at the Texas True Project event:

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