CHAPTER 46. RED RIVER COMPACT - Texas Statutes

WATER CODE

TITLE 3. RIVER COMPACTS

CHAPTER 46. RED RIVER COMPACT

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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, Sec. 1, eff. May

24, 1979. Amended by Acts 1985, 69th Leg., ch. 608, Sec. 2.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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(b) Repealed by Acts 1985, 69th Leg., ch. 608, Sec. 3, eff.

Sept. 1, 1985.

Added by Acts 1979, 66th Leg., p. 551, ch. 261, Sec. 1, eff. May

24, 1979. Amended by Acts 1985, 69th Leg., ch. 608, Sec. 3, eff.

Sept. 1, 1985.

Sec. 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, Sec. 1, eff. May

24, 1979.

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

1985.

Sec. 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, Sec. 1, eff. May

24, 1979. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.136,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 11.318,

eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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, Sec. 1, eff. May

24, 1979. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.137,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 11.319,

eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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, Sec. 1, eff. May

24, 1979.

Sec. 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

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 2.06. Signatory States may cooperate to obtain construction

of facilities of joint benefits to such states.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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

"Sec. 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'N

96°11.4'W

Blue River

Durant

147,000

33°55.5'N

96°04.2'W

Boggy River

Boswell

1,243,800

34°01.6'N

95°45.0'W

Kiamichi River

Hugo

240,700

34°01.0'N

95°22.6'W

"(b) Oklahoma is apportioned the water of this subbasin and shall

have unrestricted use thereof.

"Sec. 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'N

96°34.8'W

Brushy Creek

Valley Lake

15,000

33°38.7'N

96°21.5'W

Bois d'Arc

New Bonham

Creek

Reservoir

130,600

33°42.9'N

95°58.2'W

Coffee

Coffee

Mill Creek

Mill Lake

8,000

33°44.1'N

95°58.0'W

Sandy Creek

Lake Crockett

3,900

33°44.5'N

95°55.5'W

Sanders Creek

Pat Mayse

124,500

33°51.2'N

95°32.9'W

Pine Creek

Lake Crook

11,011

33°43.7'N

95°34.0'W

Big Pine Creek

Big Pine Lake

138,600

33°52.0'N

95°11.7'W

Pecan Bayou

Pecan Bayou

625,000

33°41.1'N

94°58.7'W

Mud Creek

Liberty Hill

97,700

33°33.0'N

94°29.3'W

KVW Ranch

Mud Creek

Lakes(3)

3,440

33°34.8'N

94°27.3'W

"(b) Texas is apportioned the water of this subbasin and shall

have unrestricted use thereof.

"Sec. 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'N

95°04.9'W

Glover Creek

Lukfata

258,600

34°08.5'N

94°55.4'W

Mountain

Fork River

Broken Bow

470,100

34°08.9'N

94°41.2'W

"(c) Accounting will be on an annual basis unless otherwise

deemed necessary by the States of Arkansas and Oklahoma.

"Sec. 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'N

94°06.2'W

Barkman

Barkman

Creek

Reservoir

15,900

33°29.7'N

94°10.3'W

Sulphur River

Texarkana

386,900

33°18.3'N

94°09.6'W

"(b) The State of Texas shall have the free and unrestricted use

of the water of this subbasin.

"Sec. 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.

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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

"Sec. 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'N

93°01.6'W

Caddo River

DeGray Lake

1,377,000

34°13.2'N

93°06.6'W

Little Missouri

River

Lake Greeson

600,000

34°08.9'N

93°42.9'W

Alum Fork,

Saline River

Lake Winona

63,264

32°47.8'N

92°51.0'W

"(b) Arkansas is apportioned the waters of this subbasin and

shall have unrestricted use thereof.

"Sec. 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).

"Sec. 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

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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

"Sec. 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.

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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.

"Sec. 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

"Sec. 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.

"Sec. 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

"Sec. 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.

"Sec. 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.

"Sec. 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 P. Saxton

Arthur R. Theis

John P. Saxton, Commissioner

Arthur R. Theis, Commissioner

State of Arkansas

State of Louisiana

Orville B. Saunders

Fred Parkey

Orville B. Saunders,

Fred Parkey,

Commissioner

Commissioner

State of Oklahoma

State of Texas

R.C. Marshall

R.C. MARSHALL, Major General

Representative

United States of America"

Added by Acts 1979, 66th Leg., p. 551, ch. 261, Sec. 1, eff. May

24, 1979.