WATER CODE
CHAPTER 43. CANADIAN RIVER COMPACT
§ 43.001. RATIFICATION. The Canadian River Compact,
the text of which is set out in Section 43.006 of this code, was
ratified by the legislature of this state in Chapter 153, Acts of
the 52nd Legislature, Regular Session, 1951, after having been
signed at Santa Fe, New Mexico, on December 6, 1950, by John H.
Bliss, commissioner for the State of New Mexico, E.V. Spence,
commissioner for the State of Texas, and Clarence Burch,
commissioner for the State of Oklahoma, and approved by Berkeley
Johnson, representing the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 43.002. ORIGINAL COPY. An original copy of the
compact is on file in the office of the secretary of state.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 43.003. COMMISSIONER. The governor shall appoint a
commissioner to represent this state on the commission established
by Article IX of the compact.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 43.004. EXPENSES. The commissioner is entitled to
reimbursement for actual expenses incurred in the discharge of his
duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 43.0041. TERM OF OFFICE. The commissioner holds
office for a term of six years and until his successor is appointed
and has qualified.
Added by Acts 1985, 69th Leg., ch. 606, § 1.
§ 43.0042. OATH. The commissioner shall take the
constitutional oath of office and shall also take an oath to
faithfully perform his duties as commissioner.
Added by Acts 1985, 69th Leg., ch. 606, § 2, eff. Sept. 1, 1985.
§ 43.0043. EMPLOYEES; ADMINISTRATIVE EXPENSES. The
commissioner, in conjunction with the other members of the
commission and as authorized by legislative appropriation, may
employ engineering and clerical personnel and may incur necessary
office expenses and other expenses incidental to the proper
performance of his duties and the proper administration of the
compact. However, the commissioner shall not incur any financial
obligation on behalf of the state until the legislature has
authorized and appropriated money for the obligation.
Added by Acts 1985, 69th Leg., ch. 606, § 2, eff. Sept. 1, 1985.
§ 43.005. POWERS AND DUTIES. (a) The commissioner is
responsible for administering the provisions of the compact, and he
has all the powers and duties prescribed by the compact.
(b) The commissioner may meet and confer with the other
commissioners at any place the commission considers proper.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 43.0051. NOTICE OF COMPACT MEETINGS. For
informational purposes, the commissioner shall file with the
secretary of state notice of compact meetings for publication in
the Texas Register.
Added by Acts 1985, 69th Leg., ch. 606, § 2, eff. Sept. 1, 1985.
§ 43.0052. COOPERATION OF TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION. The Texas Natural Resource Conservation
Commission shall cooperate with the commissioner in the performance
of his duties and shall furnish him any available data and
information he needs.
Added by Acts 1985, 69th Leg., ch. 606, § 2, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 34, eff. June 19,
1987; Acts 1995, 74th Leg., ch. 76, § 11.316, eff. Sept. 1,
1995.
§ 43.0053. CANADIAN RIVER REVOLVING FUND. All sums of
money paid to the Canadian River revolving fund composed solely of
funds of the State of Texas shall be deposited in the State Treasury
to the credit of a special fund to be known as the Canadian River
revolving fund and may be used only for the administration of this
Act.
Added by Acts 1985, 69th Leg., ch. 606, § 2, eff. Sept. 1, 1985.
§ 43.006. TEXT OF COMPACT. The Canadian River Compact
reads as follows:
CANADIAN RIVER COMPACT
The State of New Mexico, the State of Texas, and the State of
Oklahoma, acting through their Commissioners, John H. Bliss for the
State of New Mexico, E.V. Spence for the State of Texas, and
Clarence Burch for the State of Oklahoma, after negotiations
participated in by Berkeley Johnson, appointed by the President as
the representative of the United States of America, have agreed
respecting Canadian River as follows:
Article I
The major purposes of this Compact are to promote interstate
comity; to remove causes of present and future controversy; to
make secure and protect present developments within the States;
and to provide for the construction of additional works for the
conservation of the waters of Canadian River.
Article II
As used in this Compact:
(a) The term "Canadian River" means the tributary of
Arkansas River which rises in northeastern New Mexico and flows in
an easterly direction through New Mexico, Texas and Oklahoma and
includes North Canadian River and all other tributaries of said
Canadian River.
(b) The term "North Canadian River" means that major
tributary of Canadian River officially known as North Canadian
River from its source to its junction with Canadian River and
includes all tributaries of North Canadian River.
(c) The term "Commission" means the agency created by this
Compact for the administration thereof.
(d) The term "conservation storage" means that portion of
the capacity of reservoirs available for the storage of water for
subsequent release for domestic, municipal, irrigation and
industrial uses, or any of them, and it excludes any portion of the
capacity of reservoirs allocated solely to flood control, power
production and sediment control, or any of them.
Article III
All rights to any of the waters of Canadian River which have
been perfected by beneficial use are hereby recognized and
affirmed.
Article IV
(a) New Mexico shall have free and unrestricted use of all
waters originating in the drainage basin of Canadian River above
Conchas Dam.
(b) New Mexico shall have free and unrestricted use of all
waters originating in the drainage basin of Canadian River in New
Mexico below Conchas Dam, provided that the amount of conservation
storage in New Mexico available for impounding these waters which
originate in the drainage basin of Canadian River below Conchas Dam
shall be limited to an aggregate of two hundred thousand (200,000)
acre-feet.
(c) The right of New Mexico to provide conservation storage
in the drainage basin of North Canadian River shall be limited to
the storage of such water as at the time may be unappropriated under
the laws of New Mexico and of Oklahoma.
Article V
Texas shall have free and unrestricted use of all waters of
Canadian River in Texas, subject to the limitations upon storage of
water set forth below:
(a) The right of Texas to impound any of the waters of North
Canadian River shall be limited to storage on tributaries of said
River in Texas for municipal uses, for household and domestic uses,
livestock watering, and the irrigation of lands which are
cultivated solely for the purpose of providing food and feed for the
householders and domestic livestock actually living or kept on the
property.
(b) Until more than three hundred thousand (300,000)
acre-feet of conservation storage shall be provided in Oklahoma,
exclusive of reservoirs in the drainage basin of North Canadian
River and exclusive of reservoirs in the drainage basin of Canadian
River east of the 97th meridian, the right of Texas to retain water
in conservation storage, exclusive of waters of North Canadian
River, shall be limited to five hundred thousand (500,000)
acre-feet; thereafter the right of Texas to impound and retain such
waters in storage shall be limited to an aggregate quantity equal to
two hundred thousand (200,000) acre-feet plus whatever amount of
water shall be at the same time in conservation storage in
reservoirs in the drainage basin of Canadian River in Oklahoma,
exclusive of reservoirs in the drainage basin of North Canadian
River and exclusive of reservoirs east of the 97th meridian; and
for the purpose of determining the amount of water in conservation
storage, the maximum quantity of water in storage following each
flood or series of floods shall be used; provided, that the right
of Texas to retain and use any quantity of water previously
impounded shall not be reduced by any subsequent application of the
provisions of this paragraph (b).
(c) Should Texas for any reason impound any amount of water
greater than the aggregate quantity specified in paragraph (b) of
this Article, such excess shall be retained in storage until under
the provisions of said paragraph Texas shall become entitled to its
use; provided, that, in event of spill from conservation storage,
any such excess shall be reduced by the amount of such spill from
the most easterly reservoir on Canadian River in Texas; provided
further, that all such excess quantities in storage shall be
reduced monthly to compensate for reservoir losses in proportion to
the total amount of water in the reservoir or reservoirs in which
such excess water is being held; and provided further that on
demand by the Commissioner for Oklahoma the remainder of any such
excess quantity of water in storage shall be released into the
channel of Canadian River at the greatest rate practicable.
Article VI
Oklahoma shall have free and unrestricted use of all waters
of Canadian River in Oklahoma.
Article VII
The Commission may permit New Mexico to impound more water
than the amount set forth in Article IV and may permit Texas to
impound more water than the amount set forth in Article V;
provided, that no State shall thereby be deprived of water needed
for beneficial use; provided further that each such permission
shall be for a limited period not exceeding twelve (12) months; and
provided further that no State or user of water within any State
shall thereby acquire any right to the continued use of any such
quantity of water so permitted to be impounded.
Article VIII
Each State shall furnish to the Commission at intervals
designated by the Commission accurate records of the quantities of
water stored in reservoirs pertinent to the administration of this
Compact.
Article IX
(a) There is hereby created an interstate administrative
agency to be known as the "Canadian River Commission." The
Commission shall be composed of three (3) Commissioners, one (1)
from each of the signatory States, designated or appointed in
accordance with the laws of each such State, and if designated by
the President an additional Commissioner representing the United
States. The President is hereby requested to designate such a
Commissioner. If so designated, the Commissioner representing the
United States shall be the presiding officer of the Commission, but
shall not have the right to vote in any of the deliberations of the
Commission. All members of the Commission must be present to
constitute a quorum. A unanimous vote of the Commissioners for the
three (3) signatory States shall be necessary to all actions taken
by the Commission.
(b) The salaries and personal expenses of each Commissioner
shall be paid by the government which he represents. All other
expenses which are incurred by the Commission incident to the
administration of this Compact and which are not paid by the United
States shall be borne equally by the three (3) States and be paid by
the Commission out of a revolving fund hereby created to be known as
the "Canadian River Revolving Fund." Such fund shall be initiated
and maintained by equal payments of each State into the fund in such
amounts as will be necessary for administration of this Compact.
Disbursements shall be made from said fund in such manner as may be
authorized by the Commission. Said fund shall not be subject to the
audit and accounting procedures of the States. However, all
receipts and disbursements of funds handled by the Commission shall
be audited by a qualified independent public accountant at regular
intervals and the report of the audit shall be included in and
become a part of the annual report of the Commission.
(c) The Commission may:
(1) Employ such engineering, legal, clerical, and other
personnel as in its judgment may be necessary for the performance of
its functions under this Compact;
(2) Enter into contracts with appropriate Federal agencies
for the collection, correlation, and presentation of factual data,
for the maintenance of records, and for the preparation of reports;
(3) Perform all functions required of it by this Compact and
do all things necessary, proper, or convenient in the performance
of its duties hereunder, independently or in cooperation with
appropriate governmental agencies.
(d) The Commission shall:
(1) Cause to be established, maintained and operated such
stream and other gaging stations and evaporation stations as may
from time to time be necessary for proper administration of the
Compact, independently or in cooperation with appropriate
governmental agencies;
(2) Make and transmit to the Governors of the signatory
States on or before the last day of March of each year, a report
covering the activities of the Commission for the preceding year;
(3) Make available to the Governor of any signatory state,
on his request, any information within its possession at any time,
and shall always provide access to its records by the Governors of
the States, or their representatives, or by authorized
representatives of the United States.
Article X
Nothing in this Compact shall be construed as:
(a) Affecting the obligations of the United States to the
Indian Tribes;
(b) Subjecting any property of the United States, its
agencies or instrumentalities, to taxation by any State or
subdivision thereof, or creating any obligation on the part of the
United States, its agencies or instrumentalities, by reason of the
acquisition, construction or operation of any property or works of
whatever kind, to make any payment to any State or political
subdivision thereof, state agency, municipality or entity
whatsoever, in reimbursement for the loss of taxes;
(c) Subjecting any property of the United States, its
agencies or instrumentalities, to the laws of any State to an extent
other than the extent to which such laws would apply without regard
to this Compact;
(d) Applying to, or interfering with, the right or power of
any signatory State to regulate within its boundaries the
appropriation, use and control of water, not inconsistent with its
obligations under this Compact;
(e) Establishing any general principle or precedent
applicable to other interstate streams.
Article XI
This Compact shall become binding and obligatory when it
shall have been ratified by the Legislature of each State and
approved by the Congress of the United States. Notice of
ratification by the Legislature of each State shall be given by the
Governor of that State to the Governors of the other States and to
the President of the United States. The President is hereby
requested to give notice to the Governor of each State of approval
by the Congress of the United States.
IN WITNESS WHEREOF, The Commissioners have executed four (4)
counterparts hereof, each of which shall be and constitute an
original, one (1) of which shall be deposited in the archives of the
Department of State of the United States, and (1) of which shall be
forwarded to the Governor of each State.
DONE at the City of Santa Fe, State of New Mexico, this 6th
day of December, 1950. /s/ John H. Bliss
John H. Bliss
Commissioner for the State of New Mexico
/s/ E.V. Spence
E.V. Spence
Commissioner for the State of Texas
/s/ Clarence Burch
Clarence Burch
Commissioner for the State of Oklahoma
APPROVED:
/s/ Berkeley Johnson
Berkeley Johnson
Representative of the United States of America
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
