In the case of Texas v. New Mexico (2020), the Supreme Court was asked to resolve a dispute over water rights under the Pecos River Compact, an interstate agreement between Texas and New Mexico. The disagreement arose after severe flooding in 2014 when the U.S. Bureau of Reclamation stored excess floodwaters at no charge to either state but later released that water for use by New Mexico in exchange for future delivery credits. Texas argued this arrangement violated their rights under the compact as it effectively reduced its share of river flow while increasing New Mexico's share without proper compensation or consent from Texas. The Special Master appointed by the court recommended denying Texas' motion, arguing that although there may have been some technical violations, they did not cause any substantial injury to Texas since both states ultimately received their agreed-upon shares according to terms set out in previous agreements and court orders. The Supreme Court unanimously upheld this recommendation, ruling against Texas on December 14th, 2020. They concluded that while there might have been minor deviations from strict compliance with compact procedures due to unforeseen circumstances like natural disasters; these did not amount significant enough harm warranting judicial intervention.

The dissenting opinion in the case of Texas v. New Mexico, 2020, argued that the Supreme Court should not have granted review because it lacked jurisdiction over this dispute about an interstate water compact. The dissenters contended that Congress did not expressly consent to such suits when it approved the compact and thus, under principles of state sovereign immunity embodied in the Constitution's Eleventh Amendment, a state cannot be sued without its consent. They also pointed out that there was no clear evidence showing New Mexico had violated any specific provision of the Compact or federal law related to Rio Grande Project operations as alleged by Texas. Furthermore, they disagreed with majority’s interpretation of certain provisions within Pecos River Compact which led them to conclude differently on whether New Mexico breached its obligations under said agreement.