Colorado v. New Mexico

Summary

The Court held that Colorado failed to meet the clear‑and‑convincing‑evidence burden required to justify a diversion of Vermejo River water and therefore sustained New Mexico’s exceptions, dismissing the action. The decision rested on a detailed review of the record and an affirmation that the burden rests on the diverting State to show feasible conservation measures and that benefits outweigh harms. Justice Stevens filed a dissent, arguing that the majority gave insufficient deference to the Special Master’s factual findings and would have upheld the diversion.