CHAPTER 44. SABINE RIVER COMPACT - Texas Statutes

WATER CODE

TITLE 3. RIVER COMPACTS

CHAPTER 44. SABINE RIVER COMPACT

Sec. 44.001. RATIFICATION. The Sabine River Compact, the text

of which is set out in Section 44.010 of this code, was ratified

by the legislature of this state in Chapter 63, Acts of the 53rd

Legislature, Regular Session, 1953, after having been signed at

Logansport, Louisiana, on January 26, 1953, by Roy T. Sessums,

representative for the State of Louisiana, and Henry L. Woodworth

and John W. Simmons, representatives for the State of Texas, and

approved by Louis W. Prentiss, representative of the United

States.

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

Sec. 44.002. 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. 44.003. MEMBERS. The governor, with the advice and consent

of the senate, shall appoint two members to represent this state

on the administration established by Article VII of the compact.

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

Sec. 44.004. TERMS OF OFFICE. The members hold office for

staggered terms of six years, with the term of one member

expiring every three years. Each member holds office until his

successor is appointed and has qualified.

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

Sec. 44.005. OATH. Each member shall take the constitutional

oath of office and shall also take an oath to faithfully perform

his duties as a member of the compact administration.

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

Sec. 44.006. COMPENSATION; EXPENSES. Each member is entitled to

compensation as provided by legislative appropriation and to

reimbursement for actual expenses incurred in the discharge of

his or her duties.

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

Amended by Acts 1979, 66th Leg., p. 5, ch. 4, Sec. 1, eff. Feb.

22, 1979.

Sec. 44.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The members

may make investigations and appoint engineering, legal, and

clerical employees as necessary to protect the interest of this

state and to carry out and enforce the compact. They may incur

necessary office expenses and other expenses incident to the

proper performance of their duties and the proper administration

of the compact.

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

Sec. 44.0071. NOTICE OF COMPACT MEETINGS. For informational

purposes, the commissioners shall file with the secretary of

state notice of compact meetings for publication in the Texas

Register.

Added by Acts 1985, 69th Leg., ch. 222, Sec. 1, eff. Sept. 1,

1985.

Sec. 44.008. POWERS AND DUTIES. (a) The members are

responsible for administering the provisions of the compact, and

have all the powers and duties prescribed by the compact.

(b) The members may meet and confer with the Louisiana members

at any place the administration considers proper.

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

Sec. 44.009. COOPERATION OF TEXAS NATURAL RESOURCE CONSERVATION

COMMISSION. The Texas Natural Resource Conservation Commission

shall cooperate with the members in the performance of their

duties and shall furnish them any available data and information

they need.

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

Amended by Acts 1985, 69th Leg., ch. 222, Sec. 2, eff. Sept. 1,

1985; Acts 1985, 69th Leg., ch. 795, Sec. 1.135, eff. Sept. 1,

1985; Acts 1987, 70th Leg., ch. 977, Sec. 34, eff. June 19, 1987;

Acts 1995, 74th Leg., ch. 76, Sec. 11.317, eff. Sept. 1, 1995.

Sec. 44.010. TEXT OF COMPACT. The Sabine River Compact reads as

follows:

SABINE RIVER COMPACT

Entered Into by the States of

LOUISIANA

and

TEXAS

Logansport, Louisiana

January 26, 1953

SABINE RIVER COMPACT

The State of Texas and the State of Louisiana, parties signatory

to this Compact (hereinafter referred to as "Texas" and

"Louisiana", respectively, or individually as a "State", or

collectively as the "States"), having resolved to conclude a

compact with respect to the waters of the Sabine River, and

having appointed representatives as follows:

For Texas:

Henry L. Woodworth, Interstate Compact Commissioner for

Texas; and John W. Simmons, President of the Sabine River

Authority of Texas;

For Louisiana:

Roy T. Sessums, Director of the Department of Public Works

of the State of Louisiana;

and consent to negotiate and enter into the said Compact having

been granted by Act of the Congress of the United States approved

November 1, 1951 (Public Law No. 252; 82nd Congress, First

Session), and pursuant thereto the President having designated

Louis W. Prentiss as the representative of the United States, the

said representatives for Texas and Louisiana, after negotiations

participated in by the representative of the United States, have

for such Compact agreed upon Articles as hereinafter set forth.

The major purposes of this Compact are to provide for an

equitable apportionment between the States of Louisiana and Texas

of the waters of the Sabine River and its tributaries, thereby

removing the causes of present and future controversy between the

States over the conservation and utilization of said waters; to

encourage the development, conservation and utilization of the

water resources of the Sabine River and its tributaries; and to

establish a basis for cooperative planning and action by the

States for the construction, operation and maintenance of

projects for water conservation and utilization purposes on that

reach of the Sabine River touching both States, and for

apportionment of the benefits therefrom.

ARTICLE I

As used in this Compact:

(a) The word "Stateline" means the point on the Sabine River

where its waters in downstream flow first touch the States of

both Louisiana and Texas.

(b) The term "waters of the Sabine River" means the waters

either originating in the natural drainage basin of the Sabine

River, or appearing as streamflow in said River and its

tributaries, from its headwater source down to the mouth of the

River where it enters into Sabine Lake.

(c) The term "Stateline flow" means the flow of waters of the

Sabine River as determined by the Logansport gauge located on the

U.S. Highway 84, approximately four (4) river miles downstream

from the Stateline. This flow, or the flow as determined by such

substitute gauging station as may be established by the

Administration, as hereinafter defined, pursuant to the

provisions of Article VII of this Compact, shall be deemed the

actual Stateline flow.

(d) The term "Stateline reach" means that portion of the Sabine

River lying between the Stateline and Sabine Lake.

(e) The term "the Administration" means the Sabine River Compact

Administration established under Article VII.

(f) The term "Domestic use" means the use of water by an

individual, or by a family unit or household for drinking,

cooking, laundering, sanitation and other personal comforts and

necessities; and for the irrigation of an area not to exceed one

acre, obtained directly from the Sabine River or its tributaries

by an individual or family unit, not supplied by a water company,

water district or municipality.

(g) The term "stock water use" means the use of water for any

and all livestock and poultry.

(h) The term "consumptive use" means use of water resulting in

its permanent removal from the stream.

(i) The terms "domestic" and "stock water" reservoir mean any

reservoir for either or both of such uses having a storage

capacity of fifty (50) acre feet or less.

(j) "Stored water" means water stored in reservoirs (exclusive

of domestic or stock water reservoirs) or water withdrawn or

released from reservoirs for specific uses and the identifiable

return flow from such uses.

(k) The term "free water" means all waters other than "stored

waters" in the Stateline reach including, but not limited to,

that appearing as natural stream flow and not withdrawn or

released from a reservoir for specific uses. Waters released from

reservoirs for the purpose of maintaining stream flows as

provided in Article V, shall be "free water". All reservoir

spills or releases of stored waters made in anticipation of

spills, shall be free water.

(l) Where the name of the State or the term "State" is used in

this Compact, it shall be construed to include any person or

entity of any nature whatsoever of the States of Louisiana or

Texas using, claiming, or in any manner asserting any right to

the use of the waters of the Sabine River under the authority of

that State.

(m) Wherever any State or Federal official or agency is referred

to in this Compact, such reference shall apply equally to the

comparable official or agency succeeding to their duties and

functions.

ARTICLE II

Subject to the provisions of Article X, nothing in this Compact

shall be construed as applying to, or interfering with, the right

or power of either signatory State to regulate within its

boundaries the appropriation, use and control of water, not

inconsistent with its obligation under this Compact.

ARTICLE III

Subject to the provisions of Article X, all rights to any of the

waters of the Sabine River which have been obtained in accordance

with the laws of the States are hereby recognized and affirmed;

provided, however, that withdrawals, from time to time, for the

satisfaction of such rights, shall be subject to the availability

of supply in accordance with the apportionment of water provided

under the terms of this Compact.

ARTICLE IV

Texas shall have free and unrestricted use of all waters of the

Sabine River and its tributaries above the Stateline subject,

however, to the provisions of Articles V and X.

ARTICLE V

Texas and Louisiana hereby agree upon the following apportionment

of the waters of the Sabine River:

(a) All free water in the Stateline reach shall be divided

equally between the two States, this division to be made without

reference to the origin.

(b) The necessity of maintaining a minimum flow at the Stateline

for the benefit of water users below the Stateline in both States

is recognized, and to this end it is hereby agreed that:

(1) Reservoirs and permits above the Stateline existing as of

January 1, 1953 shall not be liable for maintenance of the flow

at the Stateline.

(2) After January 1, 1953, neither State shall permit or

authorize any additional uses which would have the effect of

reducing the flow at the Stateline to less than 36 cubic feet per

second.

(3) Reservoirs on which construction is commenced after January

1, 1953, above the Stateline shall be liable for their share of

water necessary to provide a minimum flow at the Stateline of 36

cubic feet per second; provided, that no reservoir shall be

liable for a greater percentage of this minimum flow than the

percentage of the drainage area above the Stateline contributing

to that reservoir, exclusive of the watershed of any reservoir on

which construction was started prior to January 1, 1953. Water

released from Texas' reservoirs to establish the minimum flow of

36 cubic feet per second, shall be classed as free water at the

Stateline and divided equally between the two States.

(c) The right of each State to construct impoundment reservoirs

and other works of improvement on the Sabine River or its

tributaries located wholly within its boundaries is hereby

recognized.

(d) In the event that either State constructs reservoir storage

on the tributaries below Stateline after January 1, 1953, there

shall be deducted from that State's share of the flow in the

Sabine River all reductions in flow resulting from the operation

of the tributary storage and conversely such State shall be

entitled to the increased flow resulting from the regulation

provided by such storage.

(e) Each State shall have the right to use the main channel of

the Sabine River to convey water stored on the Sabine River or

its tributaries located wholly within its boundaries, downstream

to a desired point of removal without loss of ownership of such

stored waters. In the event that such water is released by a

State through the natural channel of a tributary and the channel

of the Sabine River to a downstream point of removal, a reduction

shall be made in the amount of water which can be withdrawn at

the point of removal equal to the transmission losses.

(f) Each State shall have the right to withdraw its share of the

water from the channel of the Sabine River in the Stateline reach

in accordance with Article VII. Neither State shall withdraw at

any point more than its share of the flow at that point except,

that pursuant to findings and determination of the Administration

as provided under Article VII of this Compact, either State may

withdraw more or less of its share of the water at any point

providing that its aggregate withdrawal shall not exceed its

total share. Withdrawals made pursuant to this paragraph shall

not prejudice or impair the existing rights of users of Sabine

River waters.

(g) Waters stored in reservoirs constructed by the States in the

Stateline reach shall be shared by each State in proportion to

its contribution to the cost of storage. Neither State shall have

the right to construct a dam on the Stateline reach without the

consent of the other State.

(h) Each State may vary the rate and manner of withdrawal of its

share of such jointly stored waters on the Stateline reach,

subject to meeting the obligations for amortization of the cost

of the joint storage. In any event, neither State shall withdraw

more than its prorata share in any one year (a year meaning a

water year, October 1st to September 30th) except by authority of

the Administration. All jointly stored water remaining at the end

of a water year shall be reapportioned between the States in the

same proportion as their contribution to the cost of the storage.

(i) Except for jointly stored water, as provided in (h) above,

each State must use its apportionment of the natural stream flows

as they occur and there shall be no allowance of accumulation of

credits or debits for or against either State. The failure of

either State to use the stream flow or any part thereof, the use

of which is apportioned to it under the terms of this Compact,

shall not constitute a relinquishment of the right to such use in

the future; conversely, the failure of either State to use the

water at the time it is available does not give it the right to

the flow in excess of its share of the flow at any other time.

(j) From the apportionment of waters of the Sabine River as

defined in this Article, there shall be excluded from such

apportionment all waters consumed in either State for domestic

and stock water uses. Domestic and stock water reservoirs shall

be so excluded.

(k) Each State may use its share of the water apportioned to it

in any manner that may be deemed beneficial by that State.

ARTICLE VI

(a) The States through their respective appropriate agencies or

subdivisions may construct jointly, or cooperate with any agency

or instrumentality of the United States in the construction of

works on the Stateline reach for the development, conservation

and utilization for all beneficial purposes of the waters of the

Sabine River.

(b) All monetary revenues growing out of any joint State

ownership, title and interest in works constructed under Section

(a) above, and accruing to the States in respect thereof, shall

be divided between the States in proportion to their respective

contributions to the cost of construction; provided however, that

each State shall retain undivided all its revenues from

recreational facilities within its boundaries incidental to the

use of the waters of the Sabine River, and from its severally

State-owned recreational facilities constructed appurtenant

thereto.

(c) All operation and maintenance costs chargeable against any

State ownership, title and interest in works constructed under

Section (a) above, shall be assessed in proportion to the

contribution of each State to the original cost of construction.

ARTICLE VII

(a) There is hereby created an interstate administrative agency

to be designated as the "Sabine River Compact Administration"

herein referred to as "the Administration".

(b) The Administration shall consist of two members from each

State and of one member as representative of the United States,

chosen by the President of the United States, who is hereby

requested to appoint such a representative. The United States

member shall be ex-officio chairman of the Administration without

vote and shall not be a domiciliary of or reside in either State.

The appointed members for Texas and Louisiana shall be designated

within thirty days after the effective date of this Compact.

(c) The Texas members shall be appointed by the Governor for a

term of six years; provided, however, that one of the original

Texas members shall be appointed for a term to establish a

half-term interval between the expiration dates of the terms of

such members, and thereafter one such member shall be appointed

each three (3) years for the regular term. The Louisiana members

shall be residents of the Sabine Watershed and shall be appointed

by the Governor for a term of four years, which shall run

concurrent with the term of the Governor. Each state member shall

hold office subject to the laws of his state or until his

successor has been duly appointed and qualified.

(d) Interim vacancy, for whatever cause, in the office of any

member of the Administration shall be filled for the unexpired

term in the same manner as hereinabove provided for regular

appointment.

(e) Within sixty days after the effective date of this Compact,

the Administration shall meet and organize. A quorum for any

meeting shall consist of three voting members of the

Administration. Each State member shall have one vote, and every

decision, authorization, determination, order or other action

shall require the concurring votes of at least three members.

(f) The Administration shall have power to:

(1) Adopt, amend and revoke by-laws, rules and regulations, and

prescribe procedures for administration of and consistent with

the provisions of this Compact;

(2) Fix and determine from time to time the location of the

Administration's principal office;

(3) Employ such engineering, legal, clerical and other

personnel, without regard to the civil service laws of either

State, as the Administration may determine necessary or proper to

supplement State-furnished assistance as hereinafter provided,

for the performance of its functions under this Compact;

provided, that such employees shall be paid by and be responsible

to the Administration and shall not be considered to be employees

of either State;

(4) Procure such equipment, supplies and technical assistance as

the Administration may determine to be necessary or proper to

supplement State-furnished assistance as hereinafter provided,

for the performance of its functions under this Compact;

(5) Adopt a seal which shall be judicially recognized.

(g) In cooperation with the chief official administering water

rights in each State and with appropriate Federal agencies, the

Administration shall have and perform powers and duties as

follows:

(1) To collect, analyze, correlate, compile and report on data

as to water supplies, stream flows, storage, diversions, salvage

and use of the waters of the Sabine River and its tributaries,

and as to all factual data necessary or proper for the

administration of this Compact;

(2) To designate as official stations for the administration of

this Compact such existing water gauging stations (and to

operate, maintain, repair and abandon the same), and to locate,

establish, construct, operate, maintain, repair and abandon

additional such stations, as the Administration may from time to

time find and determine necessary or appropriate;

(3) To make findings as to the deliveries of water at Stateline

as hereinabove provided, from the stream-flow records of the

Stateline gauge which shall be operated and maintained by the

Administration or in cooperation with the appropriate Federal

agency, for determination of the actual Stateline flow unless the

Administration shall find and determine that, because of changed

physical conditions or for any other reason, reliable records are

not obtainable thereat; in which case such existing Stateline

station may with the approval of the Administration be abandoned

and, with such approval, a substitute Stateline station

established in lieu thereof;

(4) To make findings as to the quantities of reservoir storage

(including joint storage) and releases therefrom, diversions,

transmission losses and as to incident stream-flow changes, and

as to the share of such quantities chargeable against or

allocable to the respective States;

(5) To record and approve all points of diversion at which water

is to be removed from the Sabine River or its tributaries below

the Stateline; provided that, in any case, the State agency

charged with the administration of the water laws for the State

in which such point of diversion is located shall first have

approved such point for removal or diversion; provided further,

that any such point of removal or diversion once jointly approved

by the appropriate State agency and the Administration, shall not

thereafter be changed without the joint amendatory approval of

such State agency and the Administration;

(6) To require water users at their expense to install and

maintain measuring devices of approved type in any ditch, pumping

station or other water diversion works on the Sabine River or its

tributaries below the Stateline, as the Administration may

determine necessary or proper for the purposes of this Compact;

provided that the chief official of each State charged with the

administration of water rights therein shall supervise the

execution and enforcement of the Administration's requirements

for such measuring devices;

(7) To investigate any violation of this Compact and to report

findings and recommendations thereon to the chief official of the

affected State charged with the administration of water rights,

or to the Governor of such State as the Administration may deem

proper;

(8) To acquire, hold, occupy and utilize such personal and real

property as may be necessary or proper for the performance of its

duties and functions under this Compact;

(9) To perform all functions required of the Administration by

this Compact, and to do all things necessary, proper or

convenient in the performance of its duties hereunder.

(h) Each State shall provide such available facilities,

supplies, equipment, technical information and other assistance

as the Administration may require to carry out its duties and

function, and the execution and enforcement of the

Administration's orders shall be the responsibility of the agents

and officials of the respective States charged with the

administration of water rights therein. State officials shall

furnish pertinent factual and technical data to the

Administration upon its request.

(i) Findings of fact made by the Administration shall not be

conclusive in any court or before any agency or tribunal but

shall constitute prima facie evidence of such facts.

(j) In the case of a tie vote on any of the Administration's

determinations, orders or other actions subject to arbitration,

then arbitration shall be a condition precedent to any right of

legal action. Either side of a tie vote may, upon request, submit

the question to arbitration. If there shall be arbitration, there

shall be three arbitrators: one named in writing by each side,

and the third chosen by the two arbitrators so elected. If the

arbitrators fail to select a third within ten days, then he shall

be chosen by the Representative of the United States.

(k) The salaries, if any, and the personal expenses of each

member of the Administration, shall be paid by the Government

which he represents. All other expenses incident to the

administration of this Compact and which are not paid by the

United States shall be borne equally by the States. Ninety days

prior to the Regular Session of the Legislature of either State,

the Administration shall adopt and transmit to the Governor of

such State for his approval, its budget covering anticipated

expenses for the forthcoming biennium and the amount thereof

payable by such State. Upon approval by its Governor, each State

shall appropriate and pay the amount due by it to the

Administration. The Administration shall keep accurate accounts

of all receipts and disbursements and shall include a statement

thereof, together with a certificate of audit by a certified

public accountant, in its annual report. Each State shall have

the right to make an examination and audit of the accounts of the

Administration at any time.

(l) The Administration shall, whenever requested, provide access

to its records by the Governor of either State or by the chief

official of either State charged therein with the administration

of water rights. The Administration shall annually on or before

January 15th of each year make and transmit to the Governors of

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

a report of the Administration's activities and deliberations for

the preceding year.

ARTICLE VIII

(a) This Compact shall become effective when ratified by the

Legislature and approved by the Governors of both States and when

approved by the Congress of the United States.

(b) The provisions of this Compact shall remain in full force

and effect until modified, altered or amended, or in the same

manner as hereinabove required for ratification thereof. The

right so to modify, alter or amend this Compact is expressly

reserved. This Compact may be terminated at any time by mutual

consent of the signatory States. In the event this Compact is

terminated as herein provided, all rights then vested hereunder

shall continue unimpaired.

(c) Should a court of competent jurisdiction hold any part of

this Compact to be contrary to the constitution of any signatory

State or of the United States of America, all other severable

provisions of this Compact shall continue in full force and

effect.

ARTICLE IX

This Compact is made and entered into for the sole purpose of

effecting an equitable apportionment and providing beneficial

uses of the waters of the Sabine River, its tributaries and its

watershed, without regard to the boundary between Louisiana and

Texas, and nothing herein contained shall be construed as an

admission on the part of either State or any agency, commission,

department or subdivision thereof, respecting the location of

said boundary; and neither this Compact nor any data compiled for

the preparation or administration thereof shall be offered,

admitted or considered in evidence, in any dispute, controversy,

or litigation bearing upon the matter of the location of said

boundary.

The term "Stateline" as defined in this Compact shall not be

construed to define the actual boundary between the State of

Texas and the State of Louisiana.

ARTICLE X

Nothing in this Compact shall be construed as affecting, in any

manner, any present or future rights or powers of the United

States, its agencies, or instrumentalities in, to and over the

waters of the Sabine River Basin.

IN WITNESS WHEREOF, the Representatives have executed this

Compact in three counterparts hereof, each of which shall be and

constitute an original, one of which shall be forwarded to the

Administrator, General Services Administration of the United

States of America and one of which shall be forwarded to the

Governor of each State.

DONE in the City of Logansport, in the State of Louisiana, this

26th day of January, 1953.

(SIGNED--

Henry L. Woodworth)

HENRY L. WOODWORTH,

Representative for the

State of Texas

(SIGNED--

John W. Simmons)

JOHN W. SIMMONS,

Representative for the

State of Texas

(SIGNED--

Roy T. Sessums)

ROY T. SESSUMS,

Representative for the

State of Louisiana

APPROVED:

(SIGNED--Louis W. Prentiss)

LOUIS W. PRENTISS,

Representative of the United States.

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

Amended by Acts 1973, 63rd Leg., p. 824, ch. 374, Sec. 1, eff.

June 12, 1973; Acts 1989, 71st Leg., ch. 885, Sec. 1, eff. June

14, 1989.