City of El Paso Ex Rel. Public Service Board v. Reynolds

MEMORANDUM OPINION

BRATTON, Chief Judge.

This case raises the question of the constitutionality of New Mexico’s prohibition of the out-of-state export of ground water referred to by the parties as “the New Mexico ground water embargo.” Trial of the factual issues has been held at which the parties introduced the testimony of witnesses and numerous exhibits. In addition, a supplementary hearing was held at which the parties presented evidence in light of the decision of the Supreme Court in Sporhase v. Nebraska,-U.S.-, 102 S.Ct. 3456, 73 L.Ed.2d 1254 (1982).

BACKGROUND

The Rio Grande River has its…