WATER CODE
CHAPTER 46. RED RIVER COMPACT
§ 46.001. RATIFICATION. The Red River Compact, the text
of which is set out in Section 46.013 of this code, is ratified and
confirmed in all respects after having been signed at Denison Dam,
on the Texas-Oklahoma border, on May 12, 1978, by John P. Saxton,
commissioner for the State of Arkansas, Orville B. Saunders,
commissioner for the State of Oklahoma, Arthur R. Theis,
commissioner for the State of Louisiana, and Fred Parkey,
commissioner for the State of Texas, and approved by R. C. Marshall,
representative of the United States.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.002. ORIGINAL COPY. An original copy of the
compact is on file in the office of the secretary of state.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.003. COMMISSIONER. The governor, with the advice
and consent of the senate, shall appoint a commissioner to
represent this state on the commission established by Article IX of
the compact.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.004. TERM OF OFFICE. The appointed commissioner
holds office for a term of six years and until his or her successor
is appointed and qualified.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979. Amended by Acts 1985, 69th Leg., ch. 608, § 2.
§ 46.005. OATH. The appointed commissioner shall take
the constitutional oath of office and shall also take an oath to
faithfully perform his or her duties as commissioner.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.006. COMPENSATION; EXPENSES. (a) The appointed
commissioner is entitled to receive as compensation $15,600 a year
until otherwise provided by legislative appropriation and is
entitled to reimbursement for actual and necessary expenses while
traveling in the discharge of official duties.
(b) Repealed by Acts 1985, 69th Leg., ch. 608, § 3, eff.
Sept. 1, 1985.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979. Amended by Acts 1985, 69th Leg., ch. 608, § 3, eff. Sept.
1, 1985.
§ 46.007. POWERS AND DUTIES. The appointed
commissioner is responsible for administering the provisions of the
compact and has all the powers and duties prescribed by the compact.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.0071. 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. 608, § 1, eff. Sept. 1, 1985.
§ 46.008. EXECUTIVE DIRECTOR. (a) The executive
director of the Texas Natural Resource Conservation Commission or a
designated representative selected from the staff of the Texas
Natural Resource Conservation Commission shall also serve as a
commissioner and represent this state on the commission established
by Article IX of the compact.
(b) The executive director or the designated representative
may exercise the powers and shall discharge the duties provided by
the compact.
(c) The executive director or the designated representative
is not entitled to additional compensation for performing the
duties under the compact but is entitled to reimbursement for
actual and necessary expenses incurred while traveling in the
discharge of official duties.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979. Amended by Acts 1985, 69th Leg., ch. 795, § 1.136, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.318, eff.
Sept. 1, 1995.
§ 46.009. EMPLOYEES; ADMINISTRATIVE EXPENSES. The
commissioners, in conjunction with other members of the commission
and as authorized by the legislature, may employ engineering and
clerical personnel and may incur necessary office expenses for the
appointed commissioner and other expenses incident to the proper
performance of their duties and the proper administration of the
compact. However, the commissioner shall not incur any financial
obligation on behalf of this state until the legislature has
authorized and appropriated money for the obligation.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.010. COOPERATION OF TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION. The Texas Natural Resource Conservation
Commission shall cooperate with the commissioners in the
performance of their duties and shall furnish them any factual data
and information that are available.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979. Amended by Acts 1985, 69th Leg., ch. 795, § 1.137, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.319, eff.
Sept. 1, 1995.
§ 46.011. NOTIFICATION OF OTHER PARTIES; COPIES. The
governor shall notify the Governor of Arkansas, the Governor of
Louisiana, the Governor of Oklahoma, and the President of the
United States of the ratification of the compact by this state. On
request of the governor, the secretary of state shall furnish to
each of these other governors and the president a certified copy of
the Act adopting this chapter of the code.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.012. TIME WHEN COMPACT BINDING. The compact is
binding and obligatory when it is ratified by the legislatures of
Arkansas, Louisiana, and Oklahoma and consented to by the United
States under Article XIII of the compact.
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
§ 46.013. TEXT OF COMPACT. The Red River Compact reads
as follows:
"PREAMBLE
"The States of Arkansas, Louisiana, Oklahoma, and Texas,
pursuant to the acts of their respective Governors or legislatures,
or both, being moved by considerations of interstate comity, have
resolved to compact with respect to the water of the Red River and
its tributaries. By Act of Congress, Public Law No. 346 (84th
Congress, First Session), the consent of the United States has been
granted for said states to negotiate and enter into a compact
providing for an equitable apportionment of such water; and
pursuant to that Act the President has designated the
representative of the United States.
"Further, the consent of Congress has been given for two or
more states to negotiate and enter into agreements relating to
water pollution control by the provisions of the Federal Water
Pollution Control Act (P.L. 92-500, 33 U.S.C. Subsection 1251 et
seq.).
"The Signatory States acting through their duly authorized
Compact Commissioners, after several years of negotiations, have
agreed to an equitable apportionment of the water of the Red River
and its tributaries and do hereby submit and recommend that this
compact be adopted by the respective legislatures and approved by
Congress as hereinafter set forth:
"ARTICLE I
"PURPOSES
"§ 1.01. The principal purposes of this Compact are:
"(a) To promote interstate comity and remove causes of
controversy between each of the affected states by governing the
use, control and distribution of the interstate water of the Red
River and its tributaries;
"(b) To provide an equitable apportionment among the
Signatory States of the water of the Red River and its tributaries;
"(c) To promote an active program for the control and
alleviation of natural deterioration and pollution of the water of
the Red River Basin and to provide for enforcement of the laws
related thereto;
"(d) To provide the means for an active program for the
conservation of water, protection of lives and property from
floods, improvement of water quality, development of navigation and
regulation of flows in the Red River Basin; and
"(e) To provide a basis for state or joint state planning and
action by ascertaining and identifying each state's share in the
interstate water of the Red River Basin and the apportionment
thereof.
"ARTICLE II
"GENERAL PROVISIONS
"§ 2.01. Each Signatory State may use the water allocated
to it by this Compact in any manner deemed beneficial by that state.
Each state may freely administer water rights and uses in
accordance with the laws of that state, but such uses shall be
subject to the availability of water in accordance with the
apportionments made by this Compact.
"§ 2.02. The use of water by the United States in
connection with any individual Federal project shall be in
accordance with the Act of Congress authorizing the project and the
water shall be charged to the state or states receiving the benefit
therefrom.
"§ 2.03. Any Signatory State using the channel of Red
River or its tributaries to convey stored water shall be subject to
an appropriate reduction in the amount which may be withdrawn at the
point of removal to account for transmission losses.
"§ 2.04. The failure of any state to use any portion of the
water allocated to it shall not constitute relinquishment or
forfeiture of the right to such use.
"§ 2.05. Each Signatory State shall have the right to:
"(a) Construct conservation storage capacity for the
impoundment of water allocated by this Compact;
"(b) Replace within the same area any storage capacity
recognized or authorized by this Compact made unusable by any
cause, including losses due to sediment storage;
"(c) Construct reservoir storage capacity for the purposes of
flood and sediment control as well as storage of water which is
either imported or is to be exported if such storage does not
adversely affect the delivery of water apportioned to any other
Signatory State; and
"(d) Use the bed and banks of the Red River and its
tributaries to convey stored water, imported or exported water, and
water apportioned according to this Compact.
"§ 2.06. Signatory States may cooperate to obtain
construction of facilities of joint benefits to such states.
"§ 2.07. Nothing in this Compact shall be deemed to impair
or affect the powers, rights, or obligations of the United States,
or those claiming under its authority, in, over and to water of the
Red River Basin.
"§ 2.08. Nothing in this Compact shall be construed to
include within the water apportioned by this Compact any water
consumed in each state by livestock or for domestic purposes;
provided, however, the storage of such water is in accordance with
the laws of the respective states but any such impoundment shall not
exceed 200 acre-feet, or such smaller quantity as may be provided
for by the laws of each state.
"§ 2.09. In the event any state shall import water into the
Red River Basin from any other river basin, the Signatory State
making the importation shall have the use of such imported water.
"§ 2.10. Nothing in this Compact shall be deemed to:
"(a) Interfere with or impair the right or power of any
Signatory State to regulate within its boundaries the
appropriation, use, and control of water, or quality of water, not
inconsistent with its obligations under this Compact;
"(b) Repeal or prevent the enactment of any legislation or
the enforcement of any requirement by any Signatory State imposing
any additional conditions or restrictions to further lessen or
prevent the pollution or natural deterioration of water within its
jurisdiction; provided nothing contained in this paragraph shall
alter any provision of this Compact dealing with the apportionment
of water or the rights thereto; or
"(c) Waive any state's immunity under the Eleventh Amendment
of the Constitution of the United States, or as constituting the
consent of any state to be sued by its own citizens.
"§ 2.11. Accounting for apportionment purposes on
interstate streams shall not be mandatory under the terms of the
Compact until one or more affected states deem the accounting
necessary.
"§ 2.12. For the purposes of apportionment of the water
among the Signatory States, the Red River is hereby divided into the
following major subdivisions:
"(a) Reach I--the Red River and tributaries from the New
Mexico-Texas state boundary to Denison Dam;
"(b) Reach II--the Red River from Denison Dam to the point
where it crosses the Arkansas-Louisiana state boundary and all
tributaries which contribute to the flow of the River within this
reach;
"(c) Reach III--the tributaries west of the Red River which
cross the Texas-Louisiana state boundary, the Arkansas-Louisiana
state boundary, and those which cross both the Texas-Arkansas state
boundary and the Arkansas-Louisiana state boundary.
"(d) Reach IV--the tributaries east of the Red River in
Arkansas which cross the Arkansas-Louisiana state boundary; and
"(e) Reach V--that portion of the Red River and tributaries
in Louisiana not included in Reach III or in Reach IV.
"§ 2.13. If any part or application of this Compact shall
be declared invalid by a court of competent jurisdiction, all other
severable provisions and applications of this Compact shall remain
in full force and effect.
"§ 2.14. Subject to the availability of water in
accordance with this Compact, nothing in this Compact shall be held
or construed to alter, impair, or increase, validate, or prejudice
any existing water right or right of water use that is legally
recognized on the effective date of this Compact by either statutes
or courts of the Signatory State within which it is located.
"ARTICLE III
"DEFINITIONS
"§ 3.01. In this Compact:
"(a) The States of Arkansas, Louisiana, Oklahoma, and Texas
are referred to as 'Arkansas,' 'Louisiana,' 'Oklahoma,' and 'Texas,'
respectively, or individually as 'State' or 'Signatory State,' or
collectively as 'States' or 'Signatory States.'
"(b) The term 'Red River' means the stream below the crossing
of the Texas-Oklahoma state boundary at longitude 100 degrees west.
"(c) The term 'Red River Basin' means all of the natural
drainage area of the Red River and its tributaries east of the New
Mexico-Texas state boundary and above its junction with Atchafalaya
and Old Rivers.
"(d) The term 'water of the Red River Basin' means the water
originating in any part of the Red River Basin and flowing to or in
the Red River or any of its tributaries.
"(e) The term 'tributary' means any stream which contributes
to the flow of the Red River.
"(f) The term 'interstate tributary' means a tributary of the
Red River, the drainage area of which includes portions of two or
more Signatory States.
"(g) The term 'intrastate tributary' means a tributary of the
Red River, the drainage area of which is entirely within a single
Signatory State.
"(h) The term 'Commission' means the agency created by
Article IX of this Compact for the administration thereof.
"(i) The term 'pollution' means the alteration of the
physical, chemical, or biological characteristics of water by the
acts or instrumentalities of man which create or are likely to
result in a material and adverse effect upon human beings, domestic
or wild animals, fish and other aquatic life, or adversely affect
any other lawful use of such water; provided, that for the purposes
of this Compact, 'pollution' shall not mean or include 'natural
deterioration.'
"(j) The term 'natural deterioration' means the material
reduction in the quality of water resulting from the leaching of
solubles from the soils and rocks through or over which the water
flows naturally.
"(k) The term 'designated water' means water released from
storage, paid for by non-Federal interests, for delivery to a
specific point of use or diversion.
"(l) The term 'undesignated water' means all water released
from storage other than 'designated water.'
"(m) The term 'conservation storage capacity' means that
portion of the active capacity of reservoirs available for the
storage of water for subsequent beneficial use, and it excludes any
portion of the capacity of reservoirs allocated solely to flood
control and sediment control, or either of them.
"(n) The term 'runoff' means both the portion of
precipitation which runs off the surface of a drainage area and that
portion of the precipitation that enters the streams after passing
through the portions of the earth.
"Subdivision of Reach I and apportionment of water therein.
Reach I of the Red River is divided into topographical subbasins,
with the water therein allocated as follows:
"ARTICLE IV
"APPORTIONMENT OF WATER--REACH I
"OKLAHOMA--TEXAS
"§ 4.01. Subbasin 1--Interstate streams--Texas.
"(a) This includes the Texas portion of Buck Creek, Sand
(Lebos) Creek, Salt Fork Red River, Elm Creek, North Fork Red River,
Sweetwater Creek, and Washita River, together with all their
tributaries in Texas which lie west of the 100th Meridian.
"(b) The annual flow within this subbasin is hereby
apportioned sixty (60) percent to Texas and forty (40) percent to
Oklahoma.
"§ 4.02. Subbasin 2--Intrastate and Interstate
streams--Oklahoma.
"(a) This subbasin is composed of all tributaries of the Red
River in Oklahoma and portions thereof upstream to the
Texas-Oklahoma state boundary at longitude 100 degrees west,
beginning from Denison Dam and upstream to and including Buck
Creek.
"(b) The State of Oklahoma shall have free and unrestricted
use of the water of this subbasin.
"§ 4.03. Subbasin 3--Intrastate streams--Texas.
"(a) This includes the tributaries of the Red River in Texas,
beginning from Denison Dam and upstream to and including Prairie
Dog Town Fork Red River.
"(b) The State of Texas shall have free and unrestricted use
of the water in this subbasin.
"§ 4.04. Subbasin 4--Mainstem of the Red River and Lake
Texoma.
"(a) This subbasin includes all of Lake Texoma and the Red
River beginning at Denison Dam and continuing upstream to the
Texas-Oklahoma state boundary at longitude 100 degrees west.
"(b) The storage of Lake Texoma and flow from the mainstem of
the Red River into Lake Texoma is apportioned as follows:
"(1) Oklahoma 200,000 acre-feet and Texas 200,000 acre-feet,
which quantities shall include existing allocations and uses; and
"(2) Additional quantities in a ratio of fifty (50) percent
to Oklahoma and fifty (50) percent to Texas.
"§ 4.05. Special Provisions.
"(a) Texas and Oklahoma may construct, jointly or in
cooperation with the United States, storage or other facilities for
the conservation and use of water; provided that any facilities
constructed on the Red River boundary between the two states shall
not be inconsistent with the Federal legislation authorizing
Denison Dam and Reservoir project.
"(b) Texas shall not accept for filing, or grant a permit, for
the construction of a dam to impound water solely for irrigation,
flood control, soil conservation, mining and recovery of minerals,
hydroelectric power, navigation, recreation and pleasure, or for
any other purpose other than for domestic, municipal, and
industrial water supply, on the mainstem of the North Fork Red River
or any of its tributaries within Texas above Lugert-Altus Reservoir
until the date that imported water, sufficient to meet the
municipal and irrigation needs of Western Oklahoma is provided, or
until January 1, 2000, which ever occurs first.
"Subdivision of Reach II and allocation of water therein.
Reach II of the Red River is divided into topographic subbasins, and
the water therein is allocated as follows:
"ARTICLE V
"APPORTIONMENT OF WATER--REACH II
"ARKANSAS, OKLAHOMA, TEXAS AND LOUISIANA
"§ 5.01. Subbasin 1--Intrastate streams--Oklahoma.
"(a) This subbasin includes those streams and their
tributaries above existing, authorized or proposed last downstream
major damsites, wholly in Oklahoma and flowing into Red River below
Denison Dam and above the Oklahoma-Arkansas state boundary. These
streams and their tributaries with existing, authorized or proposed
last downstream major damsites are as follows:
Location Stream Site Ac-ft Latitude Longitude
Island-Bayou Albany 85,200 33°51.5 96°11.4
'N 'W
Blue River Durant 147,000 33°55.5 96°04.2
'N 'W
Boggy River Boswell 1,243,800 34°01.6 95°45.0
'N 'W
Kiamichi River Hugo 240,700 34°01.0 95°22.6
'N 'W
"(b) Oklahoma is apportioned the water of this subbasin and
shall have unrestricted use thereof.
"§ 5.02. Subbasin 2--Intrastate streams--Texas.
"(a) This subbasin includes those streams and their
tributaries above existing authorized or proposed last downstream
major damsites, wholly in Texas and flowing into Red River below
Denison Dam and above the Texas-Arkansas state boundary. These
streams and their tributaries with existing, authorized or proposed
last downstream major damsites are as follows:
Location Stream Site Ac-ft Latitude Longitude
Shawnee
Creek Randall Lake 5,400 33°48.1 96°34.8
'N 'W
Brushy Creek Valley Lake 15,000 33°38.7 96°21.5
'N 'W
Bois d'Arc New Bonham
Creek Reservoir 130,600 33°42.9 95°58.2
'N 'W
Coffee Coffee
Mill Creek Mill Lake 8,000 33°44.1 95°58.0
'N 'W
Sandy Creek Lake Crockett 3,900 33°44.5 95°55.5
'N 'W
Sanders Creek Pat Mayse 124,500 33°51.2 95°32.9
'N 'W
Pine Creek Lake Crook 11,011 33°43.7 95°34.0
'N 'W
Big Pine Creek Big Pine Lake 138,600 33°52.0 95°11.7
'N 'W
Pecan Bayou Pecan Bayou 625,000 33°41.1 94°58.7
'N 'W
Mud Creek Liberty Hill 97,700 33°33.0 94°29.3
'N 'W
KVW Ranch
Mud Creek Lakes(3) 3,440 33°34.8 94°27.3
'N 'W
"(b) Texas is apportioned the water of this subbasin and
shall have unrestricted use thereof.
"§ 5.03. Subbasin 3--Interstate streams--Oklahoma and
Arkansas.
"(a) This subbasin includes Little River and its tributaries
above Millwood Dam.
"(b) The States of Oklahoma and Arkansas shall have free and
unrestricted use of the water of this subbasin within their
respective states, subject, however, to the limitation that
Oklahoma shall allow a quantity of water equal to 40 percent of the
total runoff originating below the following existing, authorized
or proposed last downstream major damsites in Oklahoma to flow into
Arkansas:
Location Stream Site Ac-ft Latitude Longitude
Little River Pine Creek 70,500 34°06.8 95°04.9
'N 'W
Glover Creek Lukfata 258,600 34°08.5 94°55.4
'N 'W
Mountain
Fork River Broken Bow 470,100 34°08.9 94°41.2
'N 'W
"(c) Accounting will be on an annual basis unless otherwise
deemed necessary by the States of Arkansas and Oklahoma.
"§ 5.04. Subbasin 4--Interstate streams--Texas and
Arkansas.
"(a) This subbasin shall consist of those streams and their
tributaries above existing, authorized or proposed last downstream
major damsites, originating in Texas and crossing the
Texas-Arkansas state boundary before flowing into the Red River in
Arkansas. These streams and their tributaries with existing,
authorized or proposed last downstream major damsites are as
follows:
Location Stream Site Ac-ft Latitude Longitude
McKinney
Bayou Trib. Bringle Lake 3,052 33°30.6 94°06.2
'N 'W
Barkman Barkman
Creek Reservoir 15,900 33°29.7 94°10.3
'N 'W
Sulphur River Texarkana 386,900 33°18.3 94°09.6
'N 'W
"(b) The State of Texas shall have the free and unrestricted
use of the water of this subbasin.
"§ 5.05. Subbasin 5--Mainstem of the Red River and
tributaries.
"(a) This subbasin includes that portion of the Red River,
together with its tributaries, from Denison Dam down to the
Arkansas-Louisiana state boundary, excluding all tributaries
included in the other four subbasins of Reach II.
"(b) Water within this subbasin is allocated as follows:
"(1) The Signatory States shall have equal rights to the use
of runoff originating in subbasin 5 and undesignated water flowing
into subbasin 5, so long as the flow of the Red River at the
Arkansas-Louisiana state boundary is 3,000 cubic feet per second or
more, provided no state is entitled to more than 25 percent of the
water in excess of 3,000 cubic feet per second.
"(2) Whenever the flow of the Red River at the
Arkansas-Louisiana state boundary is less than 3,000 cubic feet per
second, but more than 1,000 cubic feet per second, the States of
Arkansas, Oklahoma, and Texas shall allow to flow into the Red River
for delivery to the State of Louisiana a quantity of water equal to
40 percent of the total weekly runoff originating in subbasin 5 and
40 percent of undesignated water flowing into subbasin 5;
provided, however, that this requirement shall not be interpreted
to require any state to release stored water.
"(3) Whenever the flow of the Red River at the
Arkansas-Louisiana state boundary falls below 1,000 cubic feet per
second, the States of Arkansas, Oklahoma, and Texas shall allow a
quantity of water equal to all the weekly runoff originating in
subbasin 5 and all undesignated water flowing into subbasin 5
within their respective states to flow into the Red River as
required to maintain a 1,000 cubic foot per second flow at the
Arkansas-Louisiana state boundary.
"(c) Whenever the flow at Index, Arkansas, is less than 526
c.f.s., the states of Oklahoma and Texas shall each allow a quantity
of water equal to 40 percent of the total weekly runoff originating
in subbasin 5 within their respective states to flow into the Red
River; provided however, this provision shall be invoked only at
the request of Arkansas, only after Arkansas has ceased all
diversions from the Red River itself in Arkansas above Index, and
only if the provisions of Sub-sections 5.05(b)(2) and (3) have not
caused a limitation of diversions in subbasin 5.
"(d) No state guarantees to maintain a minimum low flow to a
downstream state.
"§ 5.06. Special Provisions.
"(a) Reservoirs within the limits of Reach II, subbasin 5,
with a conservation storage capacity of 1,000 acre feet or less in
existence or authorized on the date of the Compact pursuant to the
rights and privileges granted by a Signatory State authorizing such
reservoirs, shall be exempt from the provisions of Section 5.05;
provided, if any right to store water in, or use water from, an
existing exempt reservoir expires or is cancelled after the
effective date of the Compact the exemption for such rights
provided by this section shall be lost.
"(b) A Signatory State may authorize a change in the purpose
or place of use of water from a reservoir exempted by subparagraph
(a) of this section without losing that exemption, if the quantity
of authorized use and storage is not increased.
"(c) Additionally, exemptions from the provisions of Section
5.05 shall not apply to direct diversions from Red River to
off-channel reservoirs or lands.
"Subdivision of Reach III and allocation of water therein.
Reach III of the Red River is divided into topographic subbasins,
and the water therein allocated, as follows:
"ARTICLE VI
"APPORTIONMENT OF WATER--REACH III
"ARKANSAS, LOUISIANA, AND TEXAS
"§ 6.01. Subbasin 1--Interstate streams--Arkansas and
Texas.
"(a) This subbasin includes the Texas portion of those
streams crossing the Arkansas-Texas state boundary one or more
times and flowing through Arkansas into Cypress Creek-Twelve Mile
Bayou watershed in Louisiana.
"(b) Texas is apportioned sixty (60) percent of the runoff of
this subbasin and shall have unrestricted use thereof; Arkansas is
entitled to forty (40) percent of the runoff of this subbasin.
"§ 6.02. Subbasin 2--Interstate streams--Arkansas and
Louisiana.
"(a) This subbasin includes the Arkansas portion of those
streams flowing from Subbasin 1 into Arkansas, as well as other
streams in Arkansas which cross the Arkansas-Louisiana state
boundary one or more times and flow into Cypress Creek-Twelve Mile
Bayou watershed in Louisiana.
"(b) Arkansas is apportioned sixty (60) percent of the runoff
of this subbasin and shall have unrestricted use thereof;
Louisiana is entitled to forty (40) percent of the runoff of this
subbasin.
"§ 6.03. Subbasin 3--Interstate streams--Texas and
Louisiana.
"(a) This subbasin includes the Texas portion of all
tributaries crossing the Texas-Louisiana state boundary one or more
times and flowing into Caddo Lake, Cypress Creek-Twelve Mile Bayou
or Cross Lake, as well as the Louisiana portion of such tributaries.
"(b) Texas and Louisiana within their respective boundaries
shall each have the unrestricted use of the water of this subbasin
subject to the following allocation:
"(1) Texas shall have the unrestricted right to all water
above Marshall, Lake O' the Pines, and Black Cypress damsites;
however, Texas shall not cause runoff to be depleted to a quantity
less than that which would have occurred with the full operation of
Franklin County, Titus County, Ellison Creek, Johnson Creek, Lake
O' the Pines, Marshall, and Black Cypress Reservoirs constructed,
and those other impoundments and diversions existing on the
effective date of this Compact. Any depletions of runoff in excess
of the depletions described above shall be charged against Texas'
apportionment of the water in Caddo Reservoir.
"(2) Texas and Louisiana shall each have the unrestricted
right to use fifty (50) percent of the conservation storage
capacity in the present Caddo Lake for the impoundment of water for
state use, subject to the provision that supplies for existing uses
of water from Caddo Lake, on date of Compact, are not reduced.
"(3) Texas and Louisiana shall each have the unrestricted
right to fifty (50) percent of the conservation storage capacity of
any future enlargement of Caddo Lake, provided, the two states may
negotiate for the release of each state's share of the storage space
on terms mutually agreed upon by the two states after the effective
date of this Compact.
"(4) Inflow to Caddo Lake from its drainage area downstream
from Marshall, Lake O' the Pines, and Black Cypress damsites and
downstream from other last downstream dams in existence on the date
of the signing of the Compact document by the Compact
Commissioners, will be allowed to continue flowing into Caddo Lake
except that any manmade depletions to this inflow by Texas will be
subtracted from the Texas share of the water in Caddo Lake.
"(c) In regard to the water of interstate streams which do not
contribute to the inflow to Cross Lake or Caddo Lake, Texas shall
have the unrestricted right to divert and use this water on the
basis of a division of runoff above the state boundary of sixty (60)
percent to Texas and forty (40) percent to Louisiana.
"(d) Texas and Louisiana will not construct improvements on
the Cross Lake watershed in either state that will affect the yield
of Cross Lake; provided, however, this subsection shall be subject
to the provisions of Section 2.08.
"§ 6.04. Subbasin 4--Intrastate streams--Louisiana.
"(a) This subbasin includes that area of Louisiana in Reach
III not included within any other subbasin.
"(b) Louisiana shall have free and unrestricted use of the
water of this subbasin.
"Subdivision of Reach IV and allocation of water therein.
Reach IV of the Red River is divided into topographic subbasins, and
the water therein allocated as follows:
"ARTICLE VII
"APPORTIONMENT OF WATER--REACH IV
"ARKANSAS AND LOUISIANA
"§ 7.01. Subbasin 1--Intrastate streams--Arkansas.
"(a) This subbasin includes those streams and their
tributaries above last downstream major damsites originating in
Arkansas and crossing the Arkansas-Louisiana state boundary before
flowing into the Red River in Louisiana. Those major last
downstream damsites are as follows:
Location Stream Site Ac-ft Latitude Longitude
Ouachita Lake
River Catherine 19,000 34°26.6 93°01.6
'N 'W
Caddo River DeGray Lake 1,377,000 34°13.2 93°06.6
'N 'W
Little Missouri
River Lake Greeson 600,000 34°08.9 93°42.9
'N 'W
Alum Fork,
Saline River Lake Winona 63,264 32°47.8 92°51.0
'N 'W
"(b) Arkansas is apportioned the waters of this subbasin and
shall have unrestricted use thereof.
"§ 7.02. Subbasin 2--Interstate Streams--Arkansas and
Louisiana.
"(a) This subbasin shall consist of Reach IV less subbasin 1
as defined in Section 7.01(a) above.
"(b) The State of Arkansas shall have free and unrestricted
use of the water of this reach subject to the limitation that
Arkansas shall allow a quantity of water equal to forty (40) percent
of the weekly runoff originating below or flowing from the last
downstream major damsite to flow into Louisiana. Where there are no
designated last downstream damsites, Arkansas shall allow a
quantity of water equal to forty (40) percent of the total weekly
runoff originating above the state boundary to flow into Louisiana.
Use of water in this subbasin is subject to low flow provisions of
subparagraph 7.02(b).
"§ 7.03. Special Provisions.
"(a) Arkansas may use the beds and banks of segments of Reach
IV for the purpose of conveying its share of water to designated
downstream diversions.
"(b) The State of Arkansas does not guarantee to maintain a
minimum low flow for Louisiana in Reach IV. However, on the
following streams when the use of water in Arkansas reduces the flow
at the Arkansas-Louisiana state boundary to the following amounts:
"(1) Ouachita--780 cfs
"(2) Bayou Bartholomew--80 cfs
"(3) Boeuf River--40 cfs
"(4) Bayou Macon--40 cfs
the State of Arkansas pledges to take affirmative steps to regulate
the diversions of runoff originating or flowing into Reach IV in
such a manner as to permit an equitable apportionment of the runoff
as set out herein to flow into the State of Louisiana. In its
control and regulation of the water of Reach IV any adjudication or
order rendered by the State of Arkansas or any of its
instrumentalities or agencies affecting the terms of this Compact
shall not be effective against the State of Louisiana nor any of its
citizens or inhabitants until approved by the Commission.
"ARTICLE VIII
"APPORTIONMENT OF WATER--REACH V
"§ 8.01. Reach V of the Red River consists of the mainstem
Red River and all of its tributaries lying wholly within the State
of Louisiana. The State of Louisiana shall have free and
unrestricted use of the water of this subbasin.
"ARTICLE IX
"ADMINISTRATION OF THE COMPACT
"§ 9.01. There is hereby created an interstate
administrative agency to be known as the 'Red River Compact
Commission,' hereinafter called the 'Commission.' The Commission
shall be composed of two representatives from each Signatory State
who shall be designated or appointed in accordance with the laws of
each state, and one Commissioner representing the United States,
who shall be appointed by the President. The Federal Commissioner
shall be the Chairman of the Commission but shall not have the right
to vote. The failure of the President to appoint a Federal
Commissioner will not prevent the operation or effect of this
Compact, and the eight representatives from the Signatory States
will elect a Chairman for the Commission.
"§ 9.02. The Commission shall meet and organize within 60
days after the effective date of this Compact. Thereafter,
meetings shall be held at such times and places as the Commission
shall decide.
"§ 9.03. Each of the two Commissioners from each state
shall have one vote; provided, however, that if only one
representative from a state attends he is authorized to vote on
behalf of the absent Commissioner from that state. Representatives
from three states shall constitute a quorum. Any action concerned
with administration of this Compact or any action requiring
compliance with specific terms of this Compact shall require six
concurring votes. If a proposed action of the Commission affects
existing water rights in a state, and that action is not expressly
provided for in this Compact, eight concurring votes shall be
required.
"§ 9.04.
"(a) The salaries and personal expenses of each state's
representative shall be paid by the government that it represents,
and the salaries and personal expenses of the Federal Commissioner
will be paid for by the United States.
"(b) The Commission's expenses for any additional stream flow
gaging stations shall be equitably apportioned among the states
involved in the reach in which the stream flow gaging stations are
located.
"(c) All other expenses incurred by the Commission shall be
borne equally by the Signatory States and shall be paid by the
Commission out of the 'Red River Compact Commission Fund.' Such
Fund shall be initiated and maintained by equal payments of each
state into the fund. Disbursement shall be made from the fund in
such manner as may be authorized by the Commission. Such fund shall
not be subject to audit and accounting procedures of the state;
however, all receipts and disbursements of the fund by the
Commission shall be audited by a qualified independent public
accountant at regular intervals, and the report of such audits
shall be included in and become a part of the annual report of the
Commission. Each state shall have the right to make its own audit
of the accounts of the Commission at any reasonable time.
"ARTICLE X
"POWERS AND DUTIES OF THE COMMISSION
"§ 10.01. The Commission shall have the power to:
"(a) Adopt rules and regulations governing its operation and
enforcement of the terms of the Compact;
"(b) Establish and maintain an office for the conduct of its
affairs and, if desirable, from time to time, change its location;
"(c) Employ or contract with such engineering, legal,
clerical and other personnel as it may determine necessary for the
exercise of its functions under this Compact without regard to the
Civil Service Laws of any Signatory State; provided that such
employees shall be paid by and be responsible to the Commission and
shall not be considered employees of any Signatory State.
"(d) Acquire, use and dispose of such real and personal
property as it may consider necessary;
"(e) Enter into contracts with appropriate State or Federal
agencies for the collection, correlation and presentation of
factual data, for the maintenance of records and for the
preparation of reports;
"(f) Secure from the head of any department or agency of the
Federal or State government such information as it may need or deem
to be useful for carrying out its functions and as may be available
to or procurable by the department or agency to which the request is
addressed; provided such information is not privileged and the
department or agency is not precluded by law from releasing same;
"(g) Make findings, recommendations or reports in connection
with carrying out the purposes of this Compact, including, but not
limited to, a finding that a Signatory State is or is not in
violation of any of the provisions of this Compact. The Commission
is authorized to make such investigations and studies, and to hold
such hearings as it may deem necessary for said purposes. It is
authorized to make and file official certified copies of any of its
findings, recommendations or reports with such officers or agencies
of any Signatory State, or the United States, as may have any
interest in or jurisdiction over the subject matter. The making of
findings, recommendations, or reports by the Commission shall not
be a condition precedent to the instituting or maintaining of any
action or proceeding of any kind by a Signatory State in any court
or tribunal, or before any agency or officer, for the protection of
any right under this Compact or for the enforcement of any of its
provisions; and
"(h) Print or otherwise reproduce and distribute its
proceedings and reports.
"§ 10.02. The Commission shall:
"(a) Cause to be established, maintained, and operated such
stream, reservoir and other gaging stations as are necessary for
the proper administration of the Compact;
"(b) Cause to be collected, analyzed and reported such
information on stream flows, water quality, water storage and such
other data as are necessary for the proper administration of the
Compact;
"(c) Perform all other functions required of it by the
Compact and do all things necessary, proper and convenient in the
performance of its duties thereunder;
"(d) Prepare and submit to the governor of each of the
Signatory States a budget covering the anticipated expenses of the
Commission for the following fiscal biennium;
"(e) Prepare and submit an annual report to the governor of
each Signatory State and to the President of the United States
covering the activities of the Commission for the preceding fiscal
year, together with an accounting of all funds received and
expended by it in the conduct of its work;
"(f) Make available to the governor or to any official agency
of a Signatory State or to any authorized representative of the
United States, upon request, any information within its possession;
"(g) Not incur any obligation in excess of the unencumbered
balance of its funds, nor pledge the credit of any of the Signatory
States; and
"(h) Make available to a Signatory State or the United States
in any action arising under this Compact, without subpoena, the
testimony of any officer or employee of the Commission having
knowledge of any relevant facts.
"ARTICLE XI
"POLLUTION
"§ 11.01. The Signatory States recognize that the increase
in population and the growth of industrial, agricultural, mining
and other activities combined with natural pollution sources may
lead to a diminution of the quality of water in the Red River Basin
which may render the water harmful or injurious to the health and
welfare of the people and impair the usefulness or public enjoyment
of the water for beneficial purposes, thereby resulting in adverse
social, economic, and environmental impacts.
"§ 11.02. Although affirming the primary duty and
responsibility of each Signatory State to take appropriate action
under its own laws to prevent, diminish, and regulate all pollution
sources within its boundaries which adversely affect the water of
the Red River Basin, the states recognize that the control and
abatement of the naturally-occurring salinity sources as well as,
under certain circumstances, the maintenance and enhancement of the
quality of water in the Red River Basin may require the cooperative
action of all states.
"§ 11.03. The Signatory States agree to cooperate with
agencies of the United States to devise and effectuate means of
alleviating the natural deterioration of the water of the Red River
Basin.
"§ 11.04. The Commission shall have the power to cooperate
with the United States, the Signatory States and other entities in
programs for abating and controlling pollution and natural
deterioration of the water of the Red River Basin, and to recommend
reasonable water quality objectives to the states.
"§ 11.05. Each Signatory State agrees to maintain current
records of waste discharges into the Red River Basin and the type
and quality of such discharges, which records shall be furnished to
the Commission upon request.
"§ 11.06. Upon receipt of a complaint from the governor of
a Signatory State that the interstate water of the Red River Basin
in which it has an interest are being materially and adversely
affected by pollution and that the state in which the pollution
originates has failed after reasonable notice to take appropriate
abatement measures, the Commission shall make such findings as are
appropriate and thereafter provide such findings to the governor of
the state in which such pollution originates and request
appropriate corrective action. The Commission, however, shall not
take any action with respect to pollution which adversely affects
only the state in which such pollution originates.
"§ 11.07. In addition to its other powers set forth under
this Article, the Commission shall have the authority, upon receipt
of six concurring votes, to utilize applicable Federal statutes to
institute legal action in its own name against the person or entity
responsible for interstate pollution problems; provided, however,
sixty (60) days before initiating legal action the Commission shall
notify the Governor of the state in which the pollution source is
located to allow that state an opportunity to initiate action in its
own name.
"§ 11.08. Without prejudice to any other remedy available
to the Commission, or any Signatory State, any state which is
materially and adversely affected by the pollution of the water of
the Red River Basin by pollution originating in another Signatory
State may institute a suit against any individual, corporation,
partnership, or association, or against any Signatory State or
political or governmental subdivision thereof, or against any
officer, agency, department, bureau, district or instrumentality
of or in any Signatory State contributing to such pollution in
accordance with applicable Federal statutes. Nothing herein shall
be construed as depriving any persons of any rights of action
relating to pollution which such person would have if this Compact
had not been made.
"ARTICLE XII
"TERMINATION AND AMENDMENT OF COMPACT
"§ 12.01. This Compact may be terminated at any time by
appropriate action of the legislatures of all of the four Signatory
States. In the event of such termination, all rights established
under it shall continue unimpaired.
"§ 12.02. This Compact may be amended at any time by
appropriate action of the legislatures of all Signatory States that
are affected by such amendment. The consent of the United States
Congress must be obtained before any such amendment is effective.
"ARTICLE XIII
"RATIFICATION AND EFFECTIVE DATE OF COMPACT
"§ 13.01. Notice of ratification of this Compact by the
legislature of each Signatory State shall be given by the governor
thereof to the governors of each of the other Signatory States and
to the President of the United States. The President is hereby
requested to give notice to the governors of each of the Signatory
States of the consent to this Compact by the Congress of the United
States.
"§ 13.02. This Compact shall become effective, binding and
obligatory when, and only when:
"(a) It has been duly ratified by each of the Signatory
States; and
"(b) It has been consented to by an Act of the Congress of the
United States, which Act provides that:
"Any other statute of the United States to the contrary
notwithstanding, in any case or controversy:
"which involves the construction or application of this Compact;
"in which one or more of the Signatory States to this Compact is a
plaintiff or plaintiffs; and
"which is within the judicial power of the United States as set
forth in the Constitution of the United States;
"and without any requirement, limitation or regard as to the sum or
value of the matter in controversy, or of the place of residence or
citizenship of, or of the nature, character or legal status of, any
of the other proper parties plaintiff or defendant in such case or
controversy:
"The consent of Congress is given to name and join the United States
as a party defendant or otherwise in any such case or controversy in
the Supreme Court of the United States if the United States is an
indispensable party thereto.
"§ 13.03. The United States District Courts shall have
original jurisdiction (concurrent with that of the Supreme Court of
the United States, and concurrent with that of any other Federal or
state court, in matters in which the Supreme Court, or other court
has original jurisdiction) of any case or controversy involving the
application or construction of this Compact; that said
jurisdiction shall include, but not be limited to, suits between
Signatory States; and that the venue of such case or controversy
may be brought in any judicial district in which the acts complained
of (or any portion thereof) occur.
SIGNED AND APPROVED on the 12th day of May 1978 at Denison Dam. John Arthur R. Theis
P.
Saxt
on
John Arthur R. Theis,
P. Commissioner
Saxt
on,
Comm
issi
oner
r
Stat State of Louisiana
e of
Arka
nsas
s
Orvi Fred Parkey
lle
B.
Saun
ders
s
Orvi Fred Parkey,
lle
B.
Saun
ders
s,
Comm Commissioner
issi
oner
r
Stat State of Texas
e of
Okla
homa
a
R.C.
Mars
hall
l
R.C.
MARS
HALL
,
Majo
r
Gene
ral
Repr
esen
tati
ve
Unit
ed
Stat
es
of
Amer
ica"
"
Added by Acts 1979, 66th Leg., p. 551, ch. 261, § 1, eff. May 24,
1979.
