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 sixyears. Your request forour opinion concerning proposed legislation~propounds one question: "Can the term of office of the Rio Grande Compact Commissioner lawfully be extended from twoyears to sixyears?" The Rio Grande Compact entered into between the States of Colorado, New Mexico andTexas, and the United States was ratified by Texas onMarch 18, 1938 (Acts1939, 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 asArticle 7466e-1, Vernon's Civil Statutes. Article XII ofthe 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 isprovided in the original Compact. Section 2 ofArticle 7466e-1, Vernon's Civil Statutes, provides that theTexas Commissioner shall hold office for twoyears and until his successor is appointed andqualified. Youhave 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 thebest interests of the people of Texas, and that in the case of the Texas Commissioner, thathe also administers an area of the Rio Grande inNew Mexico above El Paso up to and including Elephant Butte.

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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 sixyears. Acts 1961, 57th Leg., p. 31, Ch. 19, Sec. 1and 2, and atp. 381, Ch. 192, Sec. 1,Art. 7466i. Inthat Compact, thebasic document required amendment because the two year termwas originally written intoArticle VII thereof. The basic question is: Does the Rio Grande Compact Commissioner forTexas comewithin the restriction ofArticle XVI, Section 30of the Texas Constitution? It is our opinion thathe does not, because of the legal effect of the Rio Grande Compact. Whenever, by the agreement of two ormore concerned States with the consent of Congress, an interstate compact is created, ithas 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, 11Pet. 185, 209 (1837);Rhode Island V. Massachusetts, 12Pet. 657, 725 (1838). Private water rights become affected without judicial determinations on an interstate stream by compact. Hinderlider v. La Plats co., 304U.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 aparty state's Constitution rests in the U. S. Supreme Court. Dyer v. Sims, 341 U.S. 22 (1951). Comvactins states ineffect surrender aportion of their sobereignty. Henderson v. Deleware River Joint Toll Bridge Comm., et al, 66A 2d 843 (Sup.Ct. Pa. 1949); Deleware River and BayAuthority v. Carello, 222A 2d 794 (Del.1966): 34Yale 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 tobewithin the class covered by Section 30ofArticle XVI, e.g. an attorney at law. Ex Parte Williams, 20 S.W. 580 (Tex. Crim. App. 1892); members of the Civil Judicial Council andpresiding Judges of anAdministrative District. Atty. Genl. Opin. Nos. M-305 (1968)andM-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 andwithout the State of Texas, isnot the type of state official within the prohibition ofArticle XVI, Section 30,Texas Constitution, and therefore, the Texas Legislature may provide forhis term in excess of two years. Article XVI, Section 30a. Article 7466e-1, Vernon's Civil Statutes, aswell as Section 41.004, Title 3, Chapter 41of 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 twoyears. Sections 30 and 30a ofArticle XVI, Texas Constitution, donot 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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Jim Swearingen Malcom Smith Roger Tyler J. C. Davis MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant

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