CHAPTER 43. CANADIAN RIVER COMPACT - Texas Statutes

WATER CODE

TITLE 3. RIVER COMPACTS

CHAPTER 43. CANADIAN RIVER COMPACT

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

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

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

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

Sec. 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, Sec. 1.

Sec. 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, Sec. 2, eff. Sept. 1,

1985.

Sec. 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, Sec. 2, eff. Sept. 1,

1985.

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

Sec. 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, Sec. 2, eff. Sept. 1,

1985.

Sec. 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, Sec. 2, 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. 11.316, eff.

Sept. 1, 1995.

Sec. 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, Sec. 2, eff. Sept. 1,

1985.

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