An Act granting the consent of Congress to a compact entered into by the States of Louisiana and Texas and relating to the waters of the Sabine River
PL 83-578 (S.3699), enacted 08/10/1954

690 
PUBLIC LAW 578-AUG. 10, 1954 
Public Law 578 
[68 STAT. 
CHAPTER 668 
August 10, 1954 
AN A C T 
[S. 3699] 
Granting the consent of Congress to a compact entered into by the States of 
Louisiana and Texas and relating to the waters of the Sabine River. 
S a b i n e 
R i v e r 
Compact, 
Consent of Con-
gress. 
65 Stat. 736. 
65 Stat. 736. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the consent of 
the Congress is hereby given to the interstate compact rehiting to the 
waters of the Sabine River and its tributaries authorized by the Act 
of November 1,1951 (Public Law Numbered 252, Eighty-second Con-
gress, first session), which was signed by the representatives for the 
States of Louisiana and Texas and approved by the representative of 
the United States, at Logansport, Louisiana, on January 26, 1953, 
and thereafter ratified and approved by the Legislatures of the States 
of Louisiana and Texas, which compact reads as follows: 
SABINE RIVER COMPACT 
The State of Texas and the State of Louisiana, parties signatory 
to this Compact (hereinafter referred to as "Texas" and "Louisiana", 
respectively, or individually as a "State", or collectively as the 
"States"), having resolved to conclude a compact with respect to the 
waters of the Sabine River, and having appointed representatives as 
follows: 
For Texas: HENRY L. WOOD 
WORTH, Interstate Compact 
Commissioner for Texas; and JOHN W. SIMMONS, President 
of the Sabine River Authority of Texas; 
For Louisiana: ROY T. SESSUMS, Director of the Depart-
ment of Public Works of the State of Louisiana; 
and consent to negotiate and enter into the said Compact having been 
granted by Act of Congress of the United States approved November 
1, 1951 (Public Law No. 252; 82nd Congress, First Session), and 
pursuant thereto the President having designated Louis W. Prentiss 
as the representative of the United States, the said representatives for 
Texas and Louisiana, after negotiations participated in by the repre-
sentative of the United States, have for such Compact agreed upon 
Articles as hereinafter set forth. 
The major purposes of this Com-
pact are to provide for an equitable apportionment oetween the States 
of Louisiana and Texas of the waters of the Sabine River and its 
tributaries, thereby removing the causes of present and future contro-
versy between the States oVer the conservation and utilization of said 
waters; to encourage the development, conservation and utilization of 
the water resources of the Sabine River and its tributaries; and to 
establish a basis for cooperative planning and action by the States for 
the construction, operation and maintenance of projects for water 
conservation and utilization purposes on that reach of the Sabine 
River touching both States, and for apportionment of the benefits 
therefrom. 
It is recognized that pollution abatement and salt water intrusion 
are problems which are of concern to the States of Louisiana and 
Texas, but inasmuch as this Compact is limited to the equitable appor-
tionment of the waters of the Sabine River and its tributaries between 
the States of Louisiana and Texas, this Compact does not undertake 
the solution of those problems. 
68 S T A T . ] 
PUBLIC LAW 578-AUG. 10, 1954 
ARTICLE I 
As used in this Compact: 
(a) The word "Stateline" means the point of the Sabine River 
where its waters in downstream flow first touch the States of both 
Louisiana and Texas. 
(b) The term "waters of the Sabine River" means the waters either 
originating in the natural drainage basin of the Sabine River, or 
appearing as streamflow in said River and its tributaries, from its 
headwater source down to the mouth of the River where it enters into 
Sabine Lake. 
(c) The term "Stateline flow" means the flow of waters of the 
Sabine River as determined by the Logansport gauge located on the 
U. S. Highway 84, approximately four (4) river miles downstream 
from the Stateline. 
This flow, or the flow as determined by such 
substitute gauging station as may be established by the Administra-
tion, as hereinafter defined, pursuant to the provisions of Article VII 
of this Compact, shall be deemed the actual Stateline flow. 
(d) The term "Stateline reach" means that portion of the Sabine 
River lying between the Stateline and Sabine Lake. 
(e) The term "the Administration" means the Sabine River Com-
pact Administration established under Article VII. 
(f) The term "Domestic use" means the use of water by an indi-
vidual, or by a family unit or household for drinking, cooking, 
laundering, sanitation, and other personal comforts and necessities; 
and for the irrigation of an area not to exceed one acre, obtained 
directly from the Sabine River or its tributaries by an individual or 
family unit, not supplied by a water company, water district or 
municipality. 
(g) The term "stock water use" means the use of water for any and 
all livestock and poultry. 
(h) The term "consumptive use" means use of water resulting in its 
permanent removal from the stream, 
(i) The terms " 'domestic' and 'stock water' reservoir" mean any 
reservoir for either or both of such uses having a storage capacity of 
fifty (50) acre feet or less. 
(j) "Stored water" means water stored in reservoirs (exclusive of 
domestic or stock water reservoirs) or water withdrawn or released 
from reservoirs for specific uses and the identifiable return flow from 
such uses. 
(k) The term "free water" means all waters other than "stored 
waters" in the Stateline reach including, but not limited to, that 
appearing as natural stream flow and not withdrawn or released from 
a reservoir for specific uses. Waters released from reservoirs for the 
purpose of maintaining stream flows as provided in Article V, shall be 
"free water". 
All reservoir spills or releases of stored waters made 
in anticipation of spills, shall oe free water. 
(1) Where the name of the State or the term "State" is used in this 
Compact, it shall be construed to include any person or entity of any 
nature whatsoever of the States of Louisiana or Texas using, claiming, 
or in any manner asserting any right to the use of the waters of the 
Sabine River under the authority of that State. 
(m) Wherever any State or Federal official or agency is referred 
to in this Compact, such reference shall apply equally to the compara-
ble official or agency succeeding to their duties and functions. 
692 
PUBLIC LAW 578-AUG. 10, 1954 
[68 S T A T . 
ARTICLE I I 
Subject to the provisions of Article X, nothing in this Compact 
shall be construed as applying to, or interfering with, the right or 
power of either signatory State to regulate within its boundaries the 
appropriation, use and control of water, not inconsistent with its 
obligations under this Compact. 
ARTICLE I I I 
Subject to the provisions of Article X, all rights to any of the 
w^aters of the Sabine River which have been obtained in accordance 
with the laws of the States are hereby recognized and affirmed; pro-
vided, however, that withdrawals, from time to time, for the satis-
faction of such rights, shall be subject to the availability of supply in 
accordance with the apportionment of water provided under the terms 
of this Compact. 
ARTICLE IV 
Texas shall have free and unrestricted use of all waters of the 
Sabine River and its tributaries above the Stateline subject, how-
ever, to the provisions of Article V and X. 
ARTICLE V 
Texas and Louisiana hereby agree upon the follow^ing apportion-
ment of the waters of the Sabine River: 
(a) All free water in the Stateline reach shall be divided equally 
between the two States, this division to be made without reference to 
the origin. 
(b) The necessity of maintaining a minimum flow at the Stateline 
for the benefit of water users below the Stateline in both States is 
recognized, and to this end it is hereby agreed that: 
(1) Reservoirs and permits above the Stateline existing as of Jan-
uary 1, 1953 shall not be liable for maintenance of the flow at the 
Stateline. 
(2) After January 1, 1953, neither State shall permit or authorize 
any additional users which would have the effect of reducing the flow 
at the Stateline to less than 36 cubic feet per second. 
(3) Reservoirs on which construction is commenced after January 
1, 1953, above the Stateline shall be liable for their share of water 
necessary to provide a minimum flow at the Stateline of 36 cubic feet 
per second; provided, that no reservoir shall be liable for a greater 
percentage of this minimum flow than the percentage of the drainage 
area above the Stateline contributing to that reservoir, exclusive of 
the watershed of any reservoir on which construction was started prior 
to January 1, 1953, Water released from Texas' reservoirs to estab-
lish the minimum flow of 36 cubic feet per second, shall be classed as 
free water at the Stateline and divided equally between the two States. 
(c) The right of each State to construct impoundment reservoirs 
and other works of improvement on the Sabine River or its tributaries 
located wholly within its boundaries is hereby recognized. 
(d) In the event that either State constructs reservoir storage on the 
tributaries below Stateline after January 1, 1953, there shall be de-
ducted from that State's share of the flow in the Sabine River all reduc-
tions in flow resulting from the operation of the tributary storage and 
conversely such State shall be entitled to the increased flow resulting 
from the regulation provided by such storage. 
68 S T A T . ] 
PUBLIC LAW 
5 7 8 - A U G . 10, 1954 
693 
(e) Each State shall have the right to use the main channel of the 
Sabine River to convey water stored on the Sabine River or its tribu-
taries located wholly within its boundaries, downstream to a desired 
point of removal without loss of ownership of such stored waters. 
In 
the event that such water is released by a State through the natural 
channel of a tributary and the channel of the Sabine River to a down-
stream point of removal, a reduction shall be made in the amount of 
water which can be withdrawn at the point of removal equal to the 
transmission losses. 
(f) Each State shall have the right to withdraw its share of the 
water from the channel of the Sabine River in the Stateline reach in 
accordance with Article VII. 
Neither State shall withdraw at any 
point more than its share of the flow at that point except, that pur-
suant to findings and determination of the Administration as pro-
vided under Article VII of this compact, either State may withdraw 
more or less of its share of the water at any point providing that its 
aggregate withdrawal shall not exceed its total share. 
Withdrawals 
made pursuant to this paragraph shall not prejudice or impair the 
existing rights of users of Sabine River waters. 
(g) Waters stored in reservoirs constructed by the States in the 
Stateline reach shall be shared by each State in proportion to its con-
tribution to the cost of storage. 
Neither State shall have the right 
to construct a dam on the Stateline reach without the consent of the 
other State. 
(h) Each State may vary the rate and manner of withdrawal of its 
share of such jointly stored waters on the Stateline reach, subject to 
meeting the obligations for amortization of the cost of the joint 
storage. 
In any event, neither State shall withdraw more than its 
pro-rata share in any one year (a year meaning a water year, October 
1st to September 30th) except by authority of the Administration. 
All jointly stored water remaining at the end of a water year shall be 
reapportioned between the States in the same proportion as their 
contribution to the cost of the storage. 
(i) Except for jointly stored water, as provided in (h) above, each 
State must use its apportionment of the natural stream flows as they 
occur and there shall be no allowance of accumulation of credits or 
debits for or against either State. 
The failure of either State to use 
the stream flow or any part thereof, the use of which is apportioned 
to it under the terms of this Compact, shall not constitute a relinquish-
ment of the right to such use in the future; conversely, the failure of 
either State to use the water at the time it is available does not give 
it the right to the flow in excess of its share of the flow at any other 
time. 
(j) From the apportionment of waters of the Sabine River as defined 
in this Article, there shall be excluded from such apportionment all 
waters consumed in either State for domestic and stock water uses. 
Domestic and stock water reservoirs shall be so excluded. 
(k) Each State may use its share of the water apportioned to it in 
any manner that may be deemed beneficial by that State. 
ARTICLE VI 
(a) The States through their respective appropriate agencies or 
subdivisions may construct jointly, or cooperate with any agency or 
instrumentality of the United States in the construction of works on 
the Stateline reach for the development, conservation and utilization 
for all beneficial purposes of the waters of the Sabine River. 
694 
PUBLIC LAW 578-AUG. 10, 1954 
[68 S T A T . 
(b) All monetary revenues growing out of any joint State owner-
ship, title and interest in works constructed under Section (a) above, 
and accruing to the States in respect thereof, shall be divided between 
the States in proportion to their respective contributions to the cost of 
construction; provided, however, that each State shall retain undivided 
all its revenues from recreational facilities within its boundaries 
incidental to the use of the waters of the Sabine Kiver, and from its 
severally State-owned recreational facilities constructed appurtenant 
thereto. 
(c) All operation and maintenance costs chargeable against any 
joint State ownership, title and interest in works constructed under 
Section (a) above, shall be assessed in proportion to the contribution 
of each State to the original cost of construction. 
ARTICLE VII 
(a) There is hereby created an interstate administrative agency to 
be designated as the "Sabine River Compact Administration" herein 
referred to as "the Administration". 
(b) The Administration shall consist of two members from each 
State and of one member as representative of the United States, chosen 
by the President of the United States, who is hereby requested to 
appoint such a representative. The United States member shall be 
ex-officio chairman of the Administration without vote and shall not 
be a domiciliary of or reside in either State. The appointed mem-
bers for Texas and Louisiana shall be designated within thirty days 
after the effective date of this Compact. 
(c) The Texas members shall be appointed by the Governor for a 
term of two years; provided, that one of the original Texas members 
shall be appointed for a term to establish a half-term interval between 
the expiration dates of the terms of such members, and thereafter one 
such member shall be appointed annually for the regular term. One 
of the Louisiana members shall be ex-officio the Director of the Louisi-
ana Department of Public Works; the other Louisiana member shall 
be a resident of the Sabine Watershed and shall be appointed by the 
Governor of Louisiana for a term of four years; provided, that the 
first member so appointed shall serve until June 30,1958. 
Each State 
member shall hold office subject to the laws of his State or until his 
successor has been duly appointed and qualified. 
(d) Interim vacancy, for whatever cause, in the office of any mem-
ber of the Administration shall be filled for the unexpired term in 
the same manner as hereinabove provided for regular appointment. 
(e) Within sixty days after the effective date of this Compact, the 
Administration shall meet and organize. A quorum for any meeting 
shall consist of three voting members of the Administration. 
Each 
State member shall have one vote, and every decision, authorization, 
determination, order or other action shall require the concurring votes 
of at least three members. 
(f) The Administration shall have power to: 
(1) Adopt, amend and revoke bylaws, rules and regulations, and 
prescribe procedures for administration of and consistent with the 
provisions of this Compact. 
(2) Fix and determine from time to time the location of the Admin-
istration's principal office; 
(3) Employ such engineering, legal, clerical and other personnel, 
without regard to the civil service laws of either State, as the Admin-
istration may determine necessary or proper to supplement State-
furnished assistance as hereinafter provided, for the performance 
of its functions under this Compact; provided, that such employee 
68 S T A T . ] 
PUBLIC LAW 
5 7 8 - A U G - 10, 
1954 
69i 
shall be paid by and be responsible to the Administration and shall 
not be considered to be employees of either State; 
(4) Procure such equipment, supplies and technical assistance as 
the Administration may determine to be necessary or proper to supple-
ment State-furnished assistance as hereinafter provided, for the per-
formance of its functions under this Compact; 
(5) Adopt a seal which shall be judicially recognized. 
(g) In cooperation with the chief official administering water 
rights in each State and with appropriate Federal agencies, the 
Administration shall have and perform powers and duties as follows: 
(1) To collect, analyze, correlate, compile and report on data as to 
water supplies, stream flows, storage, diversions, salvage and use of 
the waters of the Sabine River and its tributaries, and as to all factual 
data necessary or proper for the administration of this Compact; 
(2) To designate as official stations for the administration of this 
Compact such existing water gauging stations (and to operate, main-
tain, repair and abandon the same), and to locate, establish, construct, 
operate, maintain, repair and abandon additional such stations, as the 
Administration may from time to time find and determine necessary 
or appropriate; 
(3) To make findings as to the deliveries of water at Stateline, as 
hereinabove provided, from the stream-flow records of the Stateline 
gauge which shall be operated and maintained by the Administration 
or in cooperation with the appropriate Federal Agency, for deter-
mination of the actual Stateline flow unless the Administration shall 
find and determine that, because of changed physical conditions or 
for any other reason, reliable records are not obtainable thereat: in 
which case such existing Stateline station may with the approval of 
the Administration be abandoned and, with such approval, a sub-
stitute Stateline station established in lieu thereof; 
(4) To make findings as to the quantities of reservoir storage 
(including joint storage) and releases therefrom, diversions, trans-
mission losses and as to incident stream-flow changes, and as to the 
share of such quantities chargeable against or allocable to the 
respective States; 
(5) To record and approve all points of diversion at which water 
is to be removed from the Sabine River or its tributaries below the 
Stateline; provided that, in any case, the State agency charged with 
the administration of the water laws for the State in which such point 
of diversion is located shall first have approved such point for removal 
or diversion; provided further that any such point of removal or 
diversion once jointly approved by the appropriate State agency and 
the Administration, shall not thereafter be changed without the joint 
amendatory approval of such State agency and the Administration; 
(6) To require water users at their expense to install and maintain 
measuring devices of approved type in any ditch, pumping station or 
other water diversion works on the Sabine River or its tributaries 
below the Stateline, as the Administration may determine necessary 
or proper for the purposes of this Compact; provided that the chief 
' 
official of each State charged with the administration of water rights 
therein shall supervise the execution and enforcement of the Admin-
istration's requirements for such measuring devices; 
(7) To investigate any violations of this Compact and to report 
findings and recommendations thereon to the chief official of the 
affected State charged with the administration of water rights, or to 
the Governor of such State as the Administration may deem proper; 
(8) To acquire, hold, occupy and utilize such personal and real 
])roperty as may be necessary or proper for the performance of its 
duties and functions under this Compact; 
696 
PUBLIC LAW 578-AUG. 10, 1954 
[68 S T A T . 
(9) To perform all functions required of the Administration by this 
Compact, and to do all things necessary, proper or convenient in the 
performance of its duties hereunder. 
(h) Each State shall provide such available facilities, supplies, 
equipment, technical information and other assistance as the Admin-
istration may require to carry out its duties and function, and the 
execution and enforcement of the Administration's orders shall be 
the responsibility of the agents and officials of the respective States 
charged with the administration of water rights therein. 
State offi-
cials shall furnish pertinent factual and technical data to the Admin-
istration upon request. 
(i) Findings of fact made by the Administration shall not be con-
clusive in any court or before any agency or tribunal but shall consti-
tute prima facie evidence of sucn facts. 
(j) In the case of a tie vote on any of the Administration's deter-
minations, orders, or other actions subject to arbitration, then arbi-
tration shall be a condition precedent to any right of legal action. 
Either side of a tie vote may, upon request, submit the question to 
arbitration. If there shall be arbitration, there shall be three arbitra-
tors : one named in writing by each side, and the third chosen by the 
two arbitrators so elected. If the arbitrators fail to select a third 
within ten days, then he shall be chosen by the Representative of the 
United States. 
(k) The salaries, if any, and the personal expenses of each member 
of the Administration, shall be paid by the Government which he rep-
resents. All other expenses incident to the Administration of this 
Compact and which are not paid by the United States shall be borne 
equally by the States. Ninety days prior to the Regular Session of 
the Legislature of either State, the administration shall adopt and 
transmit to the Governor of such State for his approval, its budget 
covering anticipated expenses for the forthcoming biennium and the 
amount thereof payable by such State. 
Upon approval by its Gover-
nor, each State shall appropriate and pay the amount due by it to the 
Administration. 
The Administration shall keep an accurate account 
of all receipts and disbursements and shall include a statement thereof, 
together with a certificate of audit by a certified public accountant, in 
its annual report. 
Each State shall have the ri^ht to make an exam-
ination and audit of the accounts of the Administration at any time. 
(1) The Administration shall, whenever requested, provide access 
to its records by the Governor of either State or by the chief official of 
either State charged therein with the administration of water rights. 
The Administration shall annually on or before January 15th of each 
year make and transmit to the Governors of the signatory States, and 
to the President of the United States, a report of the Administration's 
activities and deliberations for the preceding year. 
ARTICLE VIII 
(a) This Compact shall become effective when ratified by the Legis-
lature and approved by the Governors of both States and when 
approved by the Congress of the United States. 
(b) The provisions of this Compact shall remain in full force and 
effect until modified, altered or amended in the same manner as here-
inabove required for ratification thereof. The right so to modify, 
alter or amend this Compact is expressly reserved. 
This Compact 
may be terminated at any time by mutual consent of the signatory 
68 S T A T . ] 
PUBLIC LAW 578-AUG. 10, 1954 
697 
States. 
In the event this Compact is terminated as herein provided, 
all rights then vested hereunder shall continue unimpaired. 
(c) Should a court of competent jurisdiction hold any part of this 
Compact to be contrary to the constitution of any signatory State or 
of the United States of America, all other severable provisions of this 
Compact shall continue in full force and effect. 
ARTICLE I X 
This Compact is made and entered into for the sole purpose of 
effecting an equitable apportionment and providing beneficial uses of 
the waters of the Sabine River, its tributaries and its watershed, with-
out regard to the boundary between Louisiana and Texas, and nothing 
herein contained shall be construed as an admission on the j)art of 
either State or any agency, commission, department or subdivision 
thereof, respecting the location of said boundary; and neither this 
Compact nor any data compiled for the preparation or administration 
thereof shall be offered, admitted or considered in evidence, in any 
dispute, controversy or litigation bearing upon the matter of the 
location of said boundary. 
The term "Stateline" as defined in this Compact shall not be con-
strued to define the actual boundary between the State of Texas and 
the State of Louisiana. 
ARTICLE X 
Nothing in this Compact shall be construed as affecting, in any 
manner, any present or future rights or powers of the United States, 
its agencies, or instrumentalities in, to and over the waters of the 
Sabine River Basin. 
IN WITNESS WHEREOF, the Representatives have executed this 
Compact in three counterparts hereof, each of which shall be and 
constitute an original, one of which shall be forwarded to the Adminis-
trator, General Services Administration of the United States of 
America and one of which shall be forwarded to the Governor of each 
State. 
DONE in the City of Logansport, in the State of Louisiana, this 
26th day of January, 1953. 
Henry L. Woodworth 
HENRY L. WOODWORTH, 
Representative for the State of Texas. 
John W. Simmons 
JOHN W. SIMMONS, 
Representative for the State of Texas. 
Roy T. Sessums 
ROY T. SESSUMS, 
Representative for the State of Louisiana. 
APPROVED: 
Louis W. Prentiss 
LOUIS W. PRENTISS, 
Representative of the United States. 
SEC. 2. The right to alter, amend, or repeal this Act is expressly 
reserved. 
This reservation shall not be construed to prevent the 
vesting of rights to the use of water pursuant to applicable law, and 
no alteration, amendment, or repeal of this Act shall be held to affect 
rights so vested. 
Approved August 10, 1954. 
Reservation 
o t 
rights.