A bill to grant the consent of the United States to the Red River Compact among the States of Arkansas, Louisiana, Oklahoma and Texas.
PL 96-564 (S.2227), enacted 12/22/1980

PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3305 
Public Law 96-564 
96th Congress 
An Act 
To grant the consent of the United States to the Red River Compact among the 
States of Arkansas, Louisiana, Oklahoma, and Texas. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. The consent of Congress is hereby given to the Red River 
Compact among the States of Arkansas, Louisiana, Oklahoma, and 
Texas, of May 12, 1978, as ratified by the States of Arkansas, 
Louisiana, Oklahoma, and Texas, 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 (Public Law 92-500,33 U.S.C. 1251.et seq.). 
The Signatory States acting through their duly authorized Com-
pact 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 
Dec. 22, 1980 
[S. 2227] 
Arkansas, 
Louisiana, 
Oklahoma and 
Texas Red River 
Compact. 
Congressional 
consent. 
PURPOSES 
SECTION 1.01. The principal purposes of this Compact are: 
(a) To promote interstate comity and remove causes of contro-
versy 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 Signa-
tory States of the water of the Red River and its tributaries; 
(c) To promote an active program for the control and allevi-
ation 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 
PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3307 
(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 impos-
ing 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 apportion-
ment of water or the rights thereto; or 
(c) Waive any state's immunity under the Eleventh Amend- Waiver, 
ment of the Constitution of the United States, or as constituting 
the consent of any state to be sued by its own citizens. 
SECTION 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. 
SECTION 2.12. For the purposes of apportionment of the water Description, 
among the Signatory States, the Red River is hereby divided into the 
following major subdivision: 
(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 Arkan-
sas 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. 
SECTION 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. 
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 
SECTION 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. 
94 STAT. 3308 
PUBLIC LAW 96-564—DEC. 22, 1980 
(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 Atchaf-
alaya 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 purpose of this 
Compact, "pollution" shall not mean or include "natural 
deterioration." 
(j) The term "natural deterioration" means the material reduc-
tion 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. 
(1) 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. 
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 topographic subbasins, with 
the water therein allocated as follows: 
SECTION 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, 
PUBLIC LAW 96-564—DEC. 22,1980 
94 STAT. 3309 
Sweetwater Creek, and Washita River, together with all their tribu-
taries 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. 
SECTION 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 Deni-
son 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. 
SECTION 4.03. Subbasin 3—Intrastate streams—Texas. 
(a) This includes the tributaries of the Red River in Texas, begin-
ning 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. 
SECTION 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. 
SECTION 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 Dam 
construction of a dam to impound water solely for irrigation, flood 
control, soil conservation, mining and recovery of minerals, hydro-
electric 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, 
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: 
SECTION 5.01. Subbasin 1—Intrastate streams—Oklahoma. 
construction. 
94 STAT. 3310 
PUBLIC LAW 96-564—DEC. 22, 1980 
(a) This subbasin includes those streams and their tributaries above 
existing, authorized and 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 and proposed last 
downstream major damsites are as follows: 
Stream 
Site 
Ac-ft 
Latitude 
Longitude 
Island-Bayou 
Albany-
Blue River 
Durant.. 
Boggy River 
Boswell. 
Kiamichi River 
Hugo 
85,200 33°51.5' N 
96°11.4' W. 
147,000 33°55.5' N 
96''04.2' W. 
1,243,800 34°01.6' N 
95°45.0' W. 
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. 
SECTION 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: 
Stream 
Site 
Ac-ft 
Location 
Latitude 
Longitude 
Shawnee Creek 
Randall Lake 
, 
Brushy Creek 
Valley Lake 
, 
Bois d'Arc Creek... New Bonham 
Reservoir. 
Coffee Mill Creek.. Coffee Mill Lake-
Sandy Creek 
Lake Crockett 
, 
Sanders Creek 
Pat Mayse 
Pine Creek 
Lake Crook 
Big Pine Creek 
Big Pine Lake 
Pecan Bayou 
Pecan Bayou 
, 
Mud Creek 
Liberty Hill 
Mud Creek 
KVW Ranch 
Lakes (3). 
5,400 33°48.1' N 
96°34.8' W. 
15,000 33°38.7' N 
96°21.5' W. 
130,600 33°42.9' N 
95°58.2' W. 
8,000 33''44.1' N 
95°58.0' W. 
3.900 33°44.5' N 
95°55.5' W. 
124,500 33°51.2' N 
95°32.9' W. 
11,011 33°43.7' N 
95°34.0' W. 
138,600 33°52.0' N 
95°11.7' W. 
625,000 33°41.r N 
94°58.7' W. 
97,700 33°33.0' N 
94°29.3' W. 
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. 
SECTION 5.03. Subbasin 3—Interstate Streams—Oklahoma and 
Arkansas. 
(a) This subbasin includes Little River and its tributaries above 
Millwood Dam. 
03) 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: 
vuj Thito ju^ua^iii Shall consist oi ii. j stream^ uiid their triDutar-
ies 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 
Bringle Lake 
3,052 33°30.6'N 
94°06.2'W. 
Trib. 
Barkman Creek 
Barkman 
15,900 33°29.7'N 
94°10.3'W. 
Reservoir. 
Sulphur River 
Texarkana 
386,900 33n8.3'N 
94°09.6'W. 
(b) The State of Texas shall have the free and unrestricted use of 
the water of this subbasin. 
SECTION 5.05. Subbasin 5—Mainstream 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: Pro-
vided, 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 
94 STAT. 3312 
PUBLIC LAW 96-564—DEC. 22, 1980 
quantity of water equal to all the weekly runoff originating in 
subbasin 5 and all undesignated water flowing in 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 
Subsections 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. 
SECTION 5.06. Special Provisions. 
Reservoirs. 
(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. 
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: 
SECTION 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 enti-
tled to forty (40) percent of the runoff of this subbasin. 
SECTION 6.02. Subbasin 2—Interstate streams—Arkansas and Lou-
isiana. 
(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 
PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3313 
more times and flow into Cypress Creek-Twelve Mile Bayou water-
shed in Louisiana. 
(b) Arkansas is apportioned sixty (60) percent of the runoff of this 
subbasin and shall have unrestricted use thereof; Louisiana is enti-
tled to forty (40) percent of the runoff of this subbasin. 
SECTION 6.03. Subbasin 3—Interstate streams—Texas and Louisi-
ana. 
(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; how-
ever, 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 exist-
ing 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. 
SECTION 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. 
PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3315 
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 
SECTION 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 
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 com-
posed 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. 
SECTION 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. 
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. 
SECTION 9.04. 
(a) The salaries and personal expenses of each state's representa-
tive 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 
Red River 
Compact 
Commission. 
Establishment. 
Salaries and 
expenses. 
Red River 
Compact 
Commission 
Fund. 
94 STAT. 3316 
PUBLIC LAW 96-564—DEC. 22, 1980 
fund. Disbursement shall be made from the fund in such manner as 
Audits. 
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 
SECTION 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 prepara-
tion 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 privi-
leged 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 agen-
cies of any Signatory State, or the United States, as may have 
any interest in or jurisdiction over the subject matter. The 
making of finds, recommendations, or reports by the Commission 
shall not be a condition precedent to the instituting or maintain-
ing 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 enforce-
ment of any of its provisions; and 
(h) Print or otherwise reproduce and distribute its proceedings 
and reports. 
SECTION 10.02. The Commission shall: 
PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3317 
(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 informa-
tion 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 Sig-
natory 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; 
(D Make available to the Governor or to any official agency of 
the Signatory State or to any authorized representative of the 
United States, upon request, any information within its posses-
sion; 
(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 subpena, the 
testimony of any officer or employee of the Commission having 
knowledge of any relevant facts. 
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 benflcial purposes, thereby resulting in adverse social, 
economic, and environmental impacts. 
SECTION 11.02. Although affirming the primary duty and responsi-
bility 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 11.03. The Signatory States agree to cooperate with agen-
cies of the United States to devise and effectuate means of alleviating 
the natural deterioration of the water of the Red River Basin. 
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 deteriora-
Budget, 
submittal to 
Grovernors. 
Report to 
Governors and 
President. 
79-194 O—81—pt. 3 
43 : QL3 
94 STAT. 3318 
PUBLIC LAW 96-564—DEC. 22, 1980 
Waste discharge 
records. 
Complaints. 
Litigation. 
tion of the water of the Red River Basin, and to recommend reason-
able water quality objectives to the states. 
SECTION 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. 
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 meas-
ures, 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 Gover-
nor 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 predjudice to any other remedy available to 
the Commission, or any Signatory State, any state which is materi-
ally 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 governmen-
tal 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 
SECTION 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. 
SECTION 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 
SECTION 13.01. Notice of ratification of this Compact by the legisla-
ture of each Signatory State shall be given by the governor thereof to 
the governors of each of the other Signatory States and to the 
PUBLIC LAW 96-564—DEC. 22, 1980 
94 STAT. 3319 
President of the United States. The President is hereby requested to Notification. 
give notice to the governors of each of the Signatory States of the 
consent of this Compact by the Congress of the United States. 
SECTION 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 notwith-
standing, 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. 
SECTION 13.03. The United States District Courts shall have origi- Jurisdiction. 
nal 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 applica-
tion 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. 
FOR ARKANSAS: 
JOHN P. SAXTON 
Commissioner 
FOR OKLAHOMA: 
ORVILLE B. SAUNDERS 
Commissioner 
FOR UNITED STATES OF AMERICA: 
R. C. MARSHALL, Major General 
Representative 
SECTION 2. In order to carry out the purposes of this Act, and the 
purposes of article XIII of this compact consented to by Congress by 
FOR LOUISIANA: 
ARTHUR R. THEIS 
Commissioner 
FOR TEXAS: 
FRED PARKEY 
Commissioner 
94 STAT. 3320 
PUBLIC LAW 96-564—DEC. 22, 1980 
this Act, the congressional consent to this compact includes and 
expressly gives the consent of Congress to have the United States of 
America named and joined as a party defendant or otherwise in the 
United States Supreme Court or in a district court with concurrent 
jurisdiction in matters in which the Supreme Court has original 
jurisdiction, in any case or controversy involving the construction or 
application of this Compact in which one or more of the Signatory 
States to this Compact is a plaintiff, and which is within the judicial 
power of the United States as set forth in the Constitution of the 
United States, if the United States of America is an indispensable 
party 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. 
SECTION 3. The right to alter, amend, or repeal this Act is expressly 
reserved. 
Jurisdiction. 
SECTION 4. 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 in any judicial district in which 
the acts complained of (or any portion thereof) occur. 
Approved December 22, 1980. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 96-964 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Sept. 24, considered and passed Senate. 
Dec. 1, H.R. 7206 considered and passed House; passage vacated and S. 2227, 
amended, passed in lieu. 
Dec. 12, Senate agreed to House amendment.