Senator Joe Christie, Chairman Opinion No.M-814 

State Senate Nominations Cotiittee 

State Capitol Re: Amending term of 

Austin, Texas 78711 office of Rio 

Grande Compact 

Commissioner from 

Dear Senator Christie: two to six years. 

Your request for our opinion concerning proposed legislation~ propounds one question: 

"Can the term of office of the Rio Grande Compact 

Commissioner lawfully be extended from two years 

to six years?" 

The Rio Grande Compact entered into between the States 

of Colorado, New Mexico and Texas, and the United States was 

ratified by Texas on March 18, 1938 (Acts 1939, 46th Leg., 

Spec. L., p. 531). Complementary Laws: U.S.-Public No. 96, 

May 31, 1939, Ch. 155, 53 Stat. 785; Colorado-Laws 1939, Ch. 

146; New Mexico-Law 1939, Ch. 33, p. 59. The Compact is 

codified as Article 7466e-1, Vernon's Civil Statutes. 

Article XII of the Compact provides that the Texas Commissioner shall be appointed by the Governor of Texas. The 

State Engineers for the other two States serve as respective 

Compact Commissioners. No limitation of term is provided in 

the original Compact. Section 2 of Article 7466e-1, Vernon's 

Civil Statutes, provides that the Texas Commissioner shall 

hold office for two years and until his successor is appointed 

and qualified. 

You have further advised us that the purpose of the proposed legislation is to give more continuity and stability 

to the Texas representative on the Rio Grande Compact for 

the best interests of the people of Texas, and that in the 

case of the Texas Commissioner, that he also administers an 

area of the Rio Grande in New Mexico above El Paso up to 

and including Elephant Butte. 

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f. I 

Sen. Joe Christie, Chairman, page 2 (M-814) 

As precedent, in 1961, the Legislature of Texas amended 

the terms of office on the Sabine River Compact from two to 

six years. Acts 1961, 57th Leg., p. 31, Ch. 19, Sec. 1 and 

2, and at p. 381, Ch. 192, Sec. 1, Art. 7466i. In that Compact, the basic document required amendment because the two 

year term was originally written into Article VII thereof. 

The basic question is: Does the Rio Grande Compact 

Commissioner for Texas come within the restriction of Article 

XVI, Section 30 of the Texas Constitution? It is our opinion 

that he does not, because of the legal effect of the Rio 

Grande Compact. Whenever, by the agreement of two or more 

concerned States with the consent of Congress, an interstate 

compact is created, it has the same effect as a treaty between sovereign powers. Boundaries established by compact 

become binding upon all citizens of the signatory states. 

Poole v. Fleeger, 11 Pet. 185, 209 (1837); Rhode Island 

V. Massachusetts, 12 Pet. 657, 725 (1838). Private water 

rights become affected without judicial determinations on 

an interstate stream by compact. Hinderlider v. La Plats 

co., 304 U.S. 92, 104, 106 (1938). Congress has authority 

to compel compliance with such compact. Virginia v. West 

Virginia, 246 U.S. 565, 601 (1918). Final construction of 

a party state's Constitution rests in the U. S. Supreme 

Court. Dyer v. Sims, 341 U.S. 22 (1951). 

Comvactins states in effect surrender a portion of 

their sobereignty. Henderson v. Deleware River Joint 

Toll Bridge Comm., et al, 66 A 2d 843 (Sup. Ct. Pa. 1949); 

Deleware River and Bay Authority v. Carello, 222 A 2d 

794 (Del. 1966): 34 Yale Law Journal 685, "The Compact 

Clause of the Constitution." Therefore, state constitutional restriction on terms of intrastate officials would 

not control terms of interstate officials. 

However, certain intrastate officers have been held 

not to be within the class covered by Section 30 of Article 

XVI, e.g. an attorney at law. Ex Parte Williams, 20 S.W. 

580 (Tex. Crim. App. 1892); members of the Civil Judicial 

Council and presiding Judges of an Administrative District. 

Atty. Genl. Opin. Nos. M-305 (1968) and M-505 (1969). 

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. . 

Sen. Joe Christie, Chairman, page 3 (M-814) 

The Rio Grande Compact Commissioner, representing Texas 

on an interstate stream, and further administering the stream 

within and without the State of Texas, is not the type of 

state official within the prohibition of Article XVI, Section 

30, Texas Constitution, and therefore, the Texas Legislature 

may provide for his term in excess of two years. Article XVI, 

Section 30a. 

Article 7466e-1, Vernon's Civil Statutes, as well as 

Section 41.004, Title 3, Chapter 41 of S.B. 260 and H.B. 343, 

should be appropriately amended to accomplish this purpose. 

SUMMARY 

The term of office of the Texas Rio Grande Compact 

Commissioner may be extended beyond two years. 

Sections 30 and 30a of Article XVI, Texas Constitution, do not cover this type of office. 

Yours very truly, 

CRAWFORD C. MARTIN 

Attorney General of Texas 

First Assistant 

Prepared by Vince Taylor 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

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Sen . Joe Christie, Chairman, page 4. (M-814) 

Jim Swearingen 

Malcom Smith 

Roger Tyler 

J. C. Davis 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

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