§ 1431. Approval and ratification--Text of Compact
Oklahoma Statutes AnnotatedTitle 82. Waters and Water Rights
82 Okl.St.Ann. § 1431
§ 1431. Approval and ratification--Text of Compact
The following interstate Compact is hereby approved and ratified.
RED RIVER COMPACT
ARKANSAS-LOUISIANA-OKLAHOMA-TEXAS, 1978
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),1 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. Sections 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
ARTICLE II
GENERAL PROVISIONS
Section 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.
Section 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 two hundred (200) acre-feet, or such smaller quantity as may be provided for by the laws of each state.
(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 provisions of this Compact dealing with the apportionment of water or the rights thereto; or
Section 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
(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.”
ARTICLE IV
APPORTIONMENT OF WATER--REACH I
OKLAHOMA--TEXAS
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:
(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 main stem 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, whichever occurs first.
ARTICLE V
APPORTIONMENT OF WATER--REACH II
ARKANSAS, OKLAHOMA, TEXAS AND LOUISIANA
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:
(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 were 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 |
(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 |
New Bonham | ||||
Bois d'Arc Creek | Reservoir | 130,600 | 33°42.9′N | 95°58.2′W |
Coffee Mill | ||||
Coffee Mill Creek | 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) 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 forty percent (40%) 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 |
(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 |
(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 three thousand (3,000) cubic feet per second or more, provided no state is entitled to more than twenty-five percent (25%) of the water in excess of three thousand (3,000) cubic feet per second.
(2) Whenever the flow of the Red River at the Arkansas-Louisiana state boundary is less than three thousand (3,000) cubic feet per second, but more than one thousand (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 forty percent (40%) of the total weekly runoff originating in subbasin 5 and forty percent (40%) 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 one thousand (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 one thousand (1,000) cubic foot per second flow at the Arkansas-Louisiana state boundary.
(c) Whenever the flow at Index, Arkansas, is less than 526 cfs, the States of Oklahoma and Texas shall each allow a quantity of water equal to forty percent (40%) 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 subsections 5.05(b)(2) and (3) have not caused a limitation of diversions in subbasin 5.
(a) Reservoirs within the limits of Reach II, subbasin 5, with a conservation storage capacity of one thousand (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 canceled after the effective date of the Compact the exemption for such rights provided by this section shall be lost.
ARTICLE VI
APPORTIONMENT OF WATER--REACH III
ARKANSAS, LOUISIANA, AND TEXAS
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:
(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 percent (50%) 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 percent (50%) 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 man-made 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 percent (60%) to Texas and forty percent (40%) to Louisiana.
ARTICLE VII
APPORTIONMENT OF WATER--REACH IV
ARKANSAS AND LOUISIANA
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:
Location |
---|
Stream | Site | Ac-ft | Latitude | Longitude |
---|
Ouachita River | Lake 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) 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 percent (40%) 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 percent (40%) 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 7.03(b).
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
ARTICLE IX
ADMINISTRATION OF THE COMPACT
Section 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 (2) representatives from each signatory state who shall be designated or appointed in accordance with the laws of each state, and one (1) 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.
Section 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.
(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
(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;
(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
ARTICLE XI
POLLUTION
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 person 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
ARTICLE XIII
RATIFICATION AND EFFECTIVE DATE OF COMPACT
Section 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.
Any other statute of the United States to the contrary notwithstanding, in any case or controversy:
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 of 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.
Section 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.
Credits
Laws 1979, c. 136, § 1, eff. May 3, 1979.
Footnotes
See 43 U.S.C.A. § 209.
82 Okl. St. Ann. § 1431, OK ST T. 82 § 1431
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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