CHAPTER 41. RIO GRANDE COMPACT - Texas Statutes

WATER CODE

TITLE 3. RIVER COMPACTS

CHAPTER 41. RIO GRANDE COMPACT

Sec. 41.001. RATIFICATION. The Rio Grande Compact, the text of

which is set out in Section 41.009 of this code, was ratified by

the legislature of this state in Chapter 3, page 531, Special

Laws, Acts of the 46th Legislature, 1939, after having been

signed at Santa Fe, New Mexico, on March 18, 1938, by M.C.

Hinderlider, commissioner for the State of Colorado, Thos. M.

McClure, commissioner for the State of New Mexico, and Frank B.

Clayton, commissioner for the State of Texas, and approved by

S.O. Harper, commissioner representing the United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.002. 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, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.003. 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 XII of the

compact.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.004. TERM OF OFFICE. The commissioner holds office for

a term of six (6) years and until his successor is appointed and

has qualified.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 2504, ch. 823, Sec. 1, eff.

June 8, 1971.

Sec. 41.005. OATH. The commissioner shall take the

constitutional oath of office and shall also take an oath to

faithfully perform his duties as commissioner.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.006. COMPENSATION; EXPENSES. The commissioner is

entitled to compensation as provided by legislative

appropriation. On submission of detailed, sworn accounts, he is

entitled to reimbursement for actual expenses incurred while

traveling in the discharge of his duties.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.007. 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 incident 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 this state until the legislature has

authorized and appropriated money for the obligation.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.008. POWERS AND DUTIES. The commissioner is responsible

for administering the provisions of the compact, and he has all

the powers and duties prescribed by the compact.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 41.0081. 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. 609, Sec. 1, eff. Sept. 1,

1985.

Sec. 41.0082. 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. 609, Sec. 1, eff. Sept. 1,

1985. Amended by Acts 1987, 70th Leg., ch. 977, Sec. 34, eff.

June 19, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 11.314, eff.

Sept. 1, 1995.

Sec. 41.009. TEXT OF COMPACT. The Rio Grande Compact reads as

follows:

RIO GRANDE COMPACT

The State of Colorado, the State of New Mexico, and the State of

Texas, desiring to remove all causes of present and future

controversy among these States and between citizens of one of

these States and citizens of another State with respect to the

use of the waters of the Rio Grande above Fort Quitman, Texas,

and being moved by considerations of interstate comity, and for

the purpose of effecting an equitable apportionment of such

waters, have resolved to conclude a Compact for the attainment of

these purposes, and to that end, through their respective

Governors, have named as their respective Commissioners:

For the State of Colorado--M.C. Hinderlider

For the State of New Mexico--Thomas M. McClure

For the State of Texas--Frank B. Clayton

who, after negotiations participated in by S.O. Harper, appointed

by the President as the representative of the United States of

America, have agreed upon the following Articles, to wit:

Article I

(a) The State of Colorado, the State of New Mexico, the State of

Texas, and the United States of America, are hereinafter

designated "Colorado," "New Mexico," "Texas," and the "United

States," respectively.

(b) "The Commission" means the agency created by this Compact

for the administration thereof.

(c) The term "Rio Grande Basin" means all of the territory

drained by the Rio Grande and its tributaries in Colorado, in New

Mexico, and in Texas above Fort Quitman, including the Closed

Basin in Colorado.

(d) The "Closed Basin" means that part of the Rio Grande Basin

in Colorado where the streams drain into the San Luis Lakes and

adjacent territory, and do not normally contribute to the flow of

the Rio Grande.

(e) The term "tributary" means any stream which naturally

contributes to the flow of the Rio Grande.

(f) "Transmountain Diversion" is water imported into the

drainage basin of the Rio Grande from any stream system outside

of the Rio Grande Basin, exclusive of the Closed Basin.

(g) "Annual Debits" are the amounts by which actual deliveries

in any calendar year fall below scheduled deliveries.

(h) "Annual Credits" are the amounts by which actual deliveries

in any calendar year exceed scheduled deliveries.

(i) "Accrued Debits" are the amounts by which the sum of all

annual debits exceeds the sum of all annual credits over any

common period of time.

(j) "Accrued Credits" are the amounts by which the sum of all

annual credits exceeds the sum of all annual debits over any

common period of time.

(k) "Project Storage" is the combined capacity of Elephant Butte

Reservoir and all other reservoirs actually available for the

storage of usable water below Elephant Butte and above the first

diversion to lands of the Rio Grande Project, but not more than a

total of two million, six hundred and thirty-eight thousand,

eight hundred and sixty (2,638,860) acre-feet.

(l) "Usable Water" is all water, exclusive of credit water,

which is in project storage and which is available for release in

accordance with irrigation demands, including deliveries to

Mexico.

(m) "Credit Water" is that amount of water in project storage

which is equal to the accrued credit of Colorado or New Mexico or

both.

(n) "Unfilled Capacity" is the difference between the total

physical capacity of project storage and the amount of usable

water then in storage.

(o) "Actual Release" is the amount of usable water released in

any calendar year from the lowest reservoir comprising project

storage.

(p) "Actual Spill" is all water which is actually spilled from

Elephant Butte Reservoir, or is released therefrom for flood

control, in excess of the current demand on project storage and

which does not become usable water by storage in another

reservoir; provided, that actual spill of usable water cannot

occur until all credit water shall have been spilled.

(q) "Hypothetical Spill" is the time in any year at which usable

water would have spilled from project storage if seven hundred

and ninety thousand (790,000) acre-feet had been released

therefrom at rates proportional to the actual release in every

year from the starting date to the end of the year in which

hypothetical spill occurs; in computing hypothetical spill the

initial condition shall be the amount of usable water in project

storage at the beginning of the calendar year following the

effective date of this Compact, and thereafter the initial

condition shall be the amount of usable water in project storage

at the beginning of the calendar year following each actual

spill.

The Commission shall cause to be maintained and operated a stream

gaging station equipped with an automatic water stage recorder at

each of the following points, to wit:

Article II

(a) On the Rio Grande near Del Norte above the principal points

of diversion to the San Luis Valley;

(b) On the Conejos River near Mogote;

(c) On the Los Pinos River near Ortiz;

(d) On the San Antonio River at Ortiz;

(e) On the Conejos River at its mouths near Los Sauces;

(f) On the Rio Grande near Lobatos;

(g) On the Rio Chama below El Vado Reservoir;

(h) On the Rio Grande at Otowi Bridge near San Ildefonso;

(i) On the Rio Grande near San Acacia;

(j) On the Rio Grande at San Marcial;

(k) On the Rio Grande below Elephant Butte Reservoir;

(l) On the Rio Grande below Caballo Reservoir.

Similar gaging stations shall be maintained and operated below

any other reservoir constructed after 1929, and at such other

points as may be necessary for the securing of records required

for the carrying out of the Compact; and automatic water stage

recorders shall be maintained and operated on each of the

reservoirs mentioned, and on all others constructed after 1929.

Such gaging stations shall be equipped, maintained, and operated

by the Commission directly or in cooperation with an appropriate

Federal or State agency, and the equipment, method and frequency

of measurement at such stations shall be such as to produce

reliable records at all times.

Article III

The obligation of Colorado to deliver water in the Rio Grande at

the Colorado-New Mexico State Line, measured at or near Lobatos,

in each calendar year, shall be ten thousand (10,000) acre-feet

less than the sum of those quantities set forth in the two (2)

following tabulations of relationship, which correspond to the

quantities at the upper index stations:

Discharge of Conejos River

Quantities in thousands of acre-feet

Conejos Index Supply (1)

Conejos River at Mouths (2)

100

0

150

20

200

45

250

75

300

109

350

147

400

188

450

232

500

278

550

326

600

376

650

426

700

476

Intermediate quantities shall be computed by proportional

parts.

(1) Conejos Index Supply is the natural flow of Conejos River at

the U.S.G.S. gaging station near Mogote during the calendar year,

plus the natural flow of Los Pinos River at the U.S.G.S. gaging

station near Ortiz and the natural flow of San Antonio River at

the U.S.G.S. gaging station at Ortiz, both during the months of

April to October, inclusive.

(2) Conejos River at mouths is the combined discharge of

branches of this River at the U.S.G.S. gaging stations near Los

Sauces during the calendar year.

Discharge of Rio Grande exclusive of Conejos River

Quantities in thousands of acre-feet

Rio Grande at Del Norte (3)

Rio Grande at Lobatos lessConejos at Mouths (4)

200

60

250

65

300

75

350

86

400

98

450

112

500

127

550

144

600

162

650

182

700

204

750

229

800

257

850

292

900

335

950

380

1,000

430

1,100

540

1,200

640

1,300

740

1,400

840

Intermediate quantities shall be computed by proportional

parts.

(3) Rio Grande at Del Norte is the recorded flow of the Rio

Grande at the U.S.G.S. gaging station near Del Norte during the

calendar year (measured above all principal points of diversion

to San Luis Valley) corrected for the operation of reservoirs

constructed after 1937.

(4) Rio Grande at Lobatos less Conejos at mouths is the total

flow of the Rio Grande at the U.S.G.S. gaging station near

Lobatos, less the discharge of Conejos River at its mouths,

during the calendar year.

The application of these schedules shall be subject to the

provisions hereinafter set forth and appropriate adjustments

shall be made for (a) any change in location of gaging station;

(b) any new or increased depletion of the runoff above inflow

index gaging stations; and (c) any transmountain diversions into

the drainage basin of the Rio Grande above Lobatos.

In any event any works are constructed after 1937 for the purpose

of delivering water into the Rio Grande from the Closed Basin,

Colorado shall not be credited with the amount of such water

delivered, unless the proportion of sodium ions shall be less

than forty-five (45) percent of the total positive ions in that

water when the total dissolved solids in such water exceeds three

hundred and fifty (350) parts per million.

Article IV

The obligation of New Mexico to deliver water in the Rio Grande

at San Marcial, during each calendar year, exclusive of the

months of July, August, and September, shall be that quantity set

forth in the following tabulation of relationship, which

corresponds to the quantity at the upper index station:

Discharge of Rio Grande at Otowi Bridge and at San Marcial

exclusive of July, August, and September

Quantities in thousands of acre-feet

Otowi Index Supply (5)

San Marcial Index Supply (6)

100

0

200

65

300

141

400

219

500

300

600

383

700

469

800

557

900

648

1000

742

1100

839

1200

939

1300

1042

1400

1148

1500

1257

1600

1370

1700

1489

1800

1608

1900

1730

2000

1856

2100

1985

2200

2117

2300

2253

Intermediate quantities shall be computed by proportional

parts.

(5) The Otowi Index Supply is the recorded flow of the Rio

Grande at the U.S.G.S. gaging station at Otowi Bridge near San

Ildefonso (formerly station near Buckman) during the calendar

year, exclusive of the flow during the months of July, August,

and September, corrected for the operation of reservoirs

constructed after 1929 in the drainage basin of the Rio Grande

between Lobatos and Otowi Bridge.

(6) San Marcial Index Supply is the recorded flow of the Rio

Grande at the gaging station at San Marcial during the calendar

year exclusive of the flow during the months of July, August, and

September.

The application of this schedule shall be subject to the

provisions hereinafter set forth and appropriate adjustments

shall be made for (a) any change in location of gaging stations;

(b) depletion after 1929 in New Mexico at any time of the year of

the natural runoff at Otowi Bridge; (c) depletion of the runoff

during July, August, and September of tributaries between Otowi

Bridge and San Marcial, by works constructed after 1937; and (d)

any transmountain diversions into the Rio Grande between Lobatos

and San Marcial.

Concurrent records shall be kept of the flow of the Rio Grande at

San Marcial, near San Acacia, and of the release from Elephant

Butte Reservoir, to the end that the records at these three (3)

stations may be correlated.

Article V

If at any time it should be the unanimous finding and

determination of the Commission that because of changed physical

conditions, or for any other reason, reliable records are not

obtainable, or cannot be obtained, at any of the stream gaging

stations herein referred to, such stations may, with the

unanimous approval of the Commission, be abandoned, and with such

approval another station, or other stations, shall be established

and new measurements shall be substituted which, in the unanimous

opinion of the Commission, will result in substantially the same

results, so far as the rights and obligations to deliver water

are concerned, as would have existed if such substitution of

stations and measurements had not been so made.

Article VI

Commencing with the year following the effective date of this

Compact, all credits and debits of Colorado and New Mexico shall

be computed for each calendar year; provided, that in a year of

actual spill no annual credits nor annual debits shall be

computed for that year.

In the case of Colorado, no annual debit nor accrued debit shall

exceed one hundred thousand (100,000) acre-feet, except as either

or both may be caused by holdover storage water in reservoirs

constructed after 1937 in the drainage basin of the Rio Grande

above Lobatos. Within the physical limitations of storage

capacity in such reservoirs, Colorado shall retain water in

storage at all times to the extent of its accrued debit.

In the case of New Mexico, the accrued debit shall not exceed two

hundred thousand (200,000) acre-feet at any time, except as such

debit may be caused by holdover storage of water in reservoirs

constructed after 1929 in the drainage basin of the Rio Grande

between Lobatos and San Marcial. Within the physical limitations

of storage capacity in such reservoirs, New Mexico shall retain

water in storage at all times to the extent of its accrued debit.

In computing the magnitude of accrued credits or debits, New

Mexico shall not be charged with any greater debit in any one

year than the sum of one hundred and fifty thousand (150,000)

acre-feet and all gains in the quantity of water in storage in

such year.

The Commission by unanimous action may authorize the release from

storage of any amount of water which is then being held in

storage by reason of accrued debits of Colorado or New Mexico;

provided, that such water shall be replaced at the first

opportunity thereafter.

In computing the amount of accrued credits and accrued debits of

Colorado or New Mexico, any annual credits in excess of one

hundred and fifty thousand (150,000) acre-feet shall be taken as

equal to that amount.

In any year in which actual spill occurs, the accrued credits of

Colorado or New Mexico, or both, at the beginning of the year

shall be reduced in proportion to their respective credits by the

amount of such actual spill; provided, that the amount of actual

spill shall be deemed to be increased by the aggregate gain in

the amount of water in storage, prior to the time of spill, in

reservoirs above San Marcial constructed after 1929; provided,

further, that if the Commissioners for the States having accrued

credits authorize the release of part, or all, of such credits in

advance of spill, the amount so released shall be deemed to

constitute actual spill.

In any year in which there is actual spill of usable water, or at

the time of hypothetical spill thereof, all accrued debits of

Colorado or New Mexico, or both, at the beginning of the year

shall be cancelled.

In any year in which the aggregate of accrued debits of Colorado

and New Mexico exceeds the minimum unfilled capacity of project

storage, such debits shall be reduced proportionally to an

aggregate amount equal to such minimum unfilled capacity.

To the extent that accrued credits are impounded in reservoirs

between San Marcial and Courchesne, and to the extent that

accrued debits are impounded in reservoirs above San Marcial,

such credits and debits shall be reduced annually to compensate

for evaporation losses in the proportion that such credits or

debits bore to the total amount of water in such reservoirs

during the year.

Article VII

Neither Colorado nor New Mexico shall increase the amount of

water in storage in reservoirs constructed after 1929 whenever

there is less than four hundred thousand (400,000) acre-feet of

usable water in project storage; provided, that if the actual

releases of usable water from the beginning of the calendar year

following the effective date of this Compact, or from the

beginning of the calendar year following actual spill, have

aggregated more than an average of seven hundred and ninety

thousand (790,000) acre-feet per annum, the time at which such

minimum stage is reached shall be adjusted to compensate for the

difference between the total actual release and releases at such

average rate; provided, further, that Colorado or New Mexico, or

both, may relinquish accrued credits at any time, and Texas may

accept such relinquished water, and in such event the State or

States so relinquishing shall be entitled to store water in the

amount of the water so relinquished.

Article VIII

During the month of January of any year the Commissioner for

Texas may demand of Colorado and New Mexico, and the Commissioner

for New Mexico may demand of Colorado, the release of water from

storage reservoirs constructed after 1929 to the amount of the

accrued debits of Colorado and New Mexico, respectively, and such

releases shall be made by each at the greatest rate practicable

under the conditions then prevailing, and in proportion to the

total debit of each, and in amounts, limited by their accrued

debits, sufficient to bring the quantity of usable water in

project storage to six hundred thousand (600,000) acre-feet by

March 1st and to maintain this quantity in storage until April

30th, to the end that a normal release of seven hundred and

ninety thousand (790,000) acre-feet may be made from project

storage in that year.

Article IX

Colorado agrees with New Mexico that in event the United States

or the State of New Mexico decides to construct the necessary

works for diverting the waters of the San Juan River, or any of

its tributaries, into the Rio Grande, Colorado hereby consents to

the construction of said works and the diversion of waters from

the San Juan River, or the tributaries thereof, into the Rio

Grande in New Mexico, provided the present and prospective uses

of water in Colorado by other diversions from the San Juan River,

or its tributaries, are protected.

Article X

In the event water from another drainage basin shall be imported

into the Rio Grand Basin by the United States or Colorado or New

Mexico, or any of them jointly, the State having the right to the

use of such water shall be given proper credit therefor in the

application of the schedules.

Article XI

New Mexico and Texas agree that upon the effective date of this

Compact all controversies between said States relative to the

quantity or quality of the water of the Rio Grande are composed

and settled; however, nothing herein shall be interpreted to

prevent recourse by a signatory State to the Supreme Court of the

United States for redress should the character or quality of the

water, at the point of delivery, be changed hereafter by one

signatory State to the injury of another. Nothing herein shall be

construed as an admission by any signatory State that the use of

water for irrigation causes increase of salinity for which the

user is responsible in law.

Article XII

To administer the provisions of this Compact there shall be

constituted a Commission composed of one representative from each

State, to be known as the Rio Grande Compact Commission. The

State Engineer of Colorado shall be ex-officio the Rio Grande

Compact Commissioner for Colorado. The State Engineer of New

Mexico shall be ex-officio the Rio Grande Compact Commissioner

for New Mexico. The Rio Grande Compact Commissioner for Texas

shall be appointed by the Governor of Texas. The President of the

United States shall be requested to designate a representative of

the United States to sit with such Commission, and such

Representative of the United States, if so designated by the

President, shall act as Chairman of the Commission without vote.

The salaries and personal expenses of the Rio Grande Compact

Commissioners for the three (3) States shall be paid by their

respective States, and all other expenses incident to the

administration of this Compact, not borne by the United States,

shall be borne equally by the three (3) States.

In addition to the powers and duties hereinbefore specifically

conferred upon such Commission and the Members thereof, the

jurisdiction of such Commission shall extend only to the

collection, correlation, and presentation of factual data and the

maintenance of records having a bearing upon the administration

of this Compact, and, by unanimous action, to the making of

recommendations to the respective States upon matters connected

with the administration of this Compact. In connection therewith,

the Commission may employ such engineering and clerical aid as

may be reasonably necessary within the limit of funds provided

for that purpose by the respective States. Annual reports

compiled for each calendar year shall be made by the Commission

and transmitted to the Governors of the signatory States on or

before March 1st following the year covered by the report. The

Commission may, by unanimous action, adopt rules and regulations

consistent with the provisions of this Compact to govern their

proceedings.

The findings of the Commission shall not be conclusive in any

Court or tribunal which may be called upon to interpret or

enforce this Compact.

Article XIII

At the expiration of every five-year period after the effective

date of this Compact, the Commission may, by unanious consent,

review any provisions hereof which are not substantive in

character and which do not affect the basic principles upon which

the Compact is founded, and shall meet for the consideration of

such questions on the request of any member of the Commission;

provided, however, that the provisions hereof shall remain in

full force and effect until changed and amended within the intent

of the Compact by unanimous action of the Commissioners, and

until any changes in this Compact are ratified by the

Legislatures of the respective States and consented to by the

Congress, in the same manner as this Compact is required to be

ratified to become effective.

Article XIV

The schedules herein contained and the quantities of water herein

allocated shall never be increased nor diminished by reason of

any increase or diminution in the delivery or loss of water to

Mexico.

Article XV

The physical and other conditions characteristic of the Rio

Grande and peculiar to the territory drained and served thereby,

and to the development thereof, have actuated this Compact and

none of the signatory States admits that any provisions herein

contained establishes any general principle or precedent

applicable to other interstate streams.

Article XVI

Nothing in this Compact shall be construed as affecting the

obligations of the United States of America to Mexico under

existing treaties, or to the Indian Tribes, or as impairing the

Rights of the Indian Tribes.

Article XVII

This Compact shall become effective when ratified by the

Legislatures of each of the signatory States and consented to by

the Congress of the United States. Notice of ratification shall

be given by the Governor of each State to the Governors of the

other States and to the President of the United States, and the

President of the United States is requested to give notice to the

Governors of each of the signatory States of the consent of the

Congress of the United States.

IN WITNESS WHEREOF, The Commissioners have signed this Compact in

quadruplicate original, one of which shall be deposited in the

archives of the Department of State of the United States of

America and shall be deemed the authoritative original, and of

which a duly certified copy shall be forwarded to the Governor of

each of the signatory States.

Done at the City of Sante Fe, in the State of New Mexico, on the

18th day of March, in the year of our Lord, One Thousand Nine

Hundred and Thirty-eight.

(Signed) M.C. Hinderlider

(Signed) Thomas M. McClure

(Signed) Frank B. Clayton

Approved:

(Signed) S.O. Harper

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.