Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 5 - RED RIVER COMPACT (§§ 15-23-501 — 15-23-503) › Section 15-23-501 - Approval and ratification - Text

The following interstate Compact between the States of Arkansas, Oklahoma, Texas and Louisiana, respecting the water of the Red River Basin, is hereby approved and ratified:
RED RIVER COMPACT
ARTICLE I
Purposes
SECTION 1.01.
The principal purposes of this Compact are:
(a)
To promote interstate comity and remove causes of controversy 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 Signatory States of the water of the Red River and its tributaries;
(c)
To promote an active program for the control and alleviation 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 floods, improvement of water quality, development of navigation and regulation of flows in the Red River Basin; and
(e)
To provide a basis for state or joint state planning and action by ascertaining and identifying each state's share in the interstate water of the Red River Basin and the apportionment thereof.
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 2.02.
The use of water by the United States in connection with any individual Federal project shall be in accordance with the Act of Congress authorizing the project and the water shall be charged to the state or states receiving the benefit therefrom.
SECTION 2.03.
Any Signatory State using the channel of Red River or its tributaries to convey stored water shall be subject to an appropriate reduction in the amount which may be withdrawn at the point of removal to account for transmission losses.
SECTION 2.04.
The failure of any state to use any portion of the water allocated to it shall not constitute relinquishment or forfeiture of the right to such use.
SECTION 2.05.
Each Signatory State shall have the right to:
(a)
Construct conservation storage capacity for the impoundment of water allocated by this Compact;
(b)
Replace within the same area any storage capacity recognized or authorized by this Compact made unusable by any cause, including losses due to sediment storage;
(c)
Construct reservoir storage capacity for the purposes of flood and sediment control as well as storage of water which is either imported or is to be exported if such storage does not adversely affect the delivery of water apportioned to any other Signatory State; and
(d)
Use the bed and banks of the Red River and its tributaries to convey stored water, imported or exported water, and water apportioned according to this Compact.
SECTION 2.06.
Signatory States may cooperate to obtain construction of facilities of joint benefits to such states.
SECTION 2.07.
Nothing in this Compact shall be deemed to impair or affect the powers, rights, or obligations of the United States, or those claiming under its authority, in, over and to water of the Red River Basin.
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 acre-feet, or such smaller quantity as may be provided for by the laws of each state.
SECTION 2.09.
In the event any state shall import water into the Red River Basin from any other river basin, the Signatory State making the importation shall have the use of such imported water.
SECTION 2.10.
Nothing in this Compact shall be deemed to:
(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 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 provision of this Compact dealing with the apportionment of water or the rights thereto; or
(c)
Waive any state's immunity under the Eleventh Amendment 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 among the Signatory States, the Red River is hereby divided into the following major subdivisions:
(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 Arkansas 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.
(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 Atchafalaya 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 purposes of this Compact, "pollution" shall not mean or include "natural deterioration."
(j)
The term "natural deterioration" means the material reduction 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.
(l)
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 topographical 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, Sweetwater Creek, and Washita River, together with all their tributaries 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 Denison 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, beginning 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 main stem 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 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:
SECTION 5.01.
Subbasin 1 - Intrastate streams - Oklahoma.
(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 with existing, authorized or proposed last downstream major damsites are as follows:
Stream
Site
Ac-ft
Location
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
(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
5,400
33°48.1'N
96°34.8'W
Brushy Creek
Valley Lake
15,000
33°38.7'N
96°21.5'W
Bois d' Arc Creek
New Bonham Reservoir
130,600
33°42.9'N
95°58.2'W
Coffee Mill Creek
Coffee Mill 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
Mud Creek
KVW Ranch Lakes
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.
(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 40 percent of the total runoff originating below the following existing, authorized or proposed last downstream major damsites in Oklahoma to flow into Arkansas:
Stream
Site
Ac-ft
Location
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
(c)
Accounting will be on an annual basis unless otherwise deemed necessary by the States of Arkansas and Oklahoma.
SECTION 5.04.
Subbasin 4 - Interstate streams - Texas and Arkansas.
(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:
Stream
Site
Ac-ft
Location
Latitude
Longitude
McKinney Bayou Trib.
Bringle Lake
3,052
33°30.6'N
94°06.2'W
Barkman Creek
Barkman Reservoir
15,900
33°29.7'N
94°10.3'W
Sulphur River
Texarkana
386,900
33°18.3'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 - Mainstem 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; 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 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 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 Sub-sections 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.
(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 run-off of this subbasin and shall have unrestricted use thereof; Arkansas is entitled to forty (40) percent of the runoff of this subbasin.
SECTION 6.02.
Subbasin 2 - Interstate streams - Arkansas and Louisiana.
(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 more times and flow into Cypress Creek-Twelve Mile Bayou watershed in Louisiana.
(b)
Arkansas is apportioned sixty (60) percent of the runoff of this subbasin and shall have unrestricted use thereof; Louisiana is entitled to forty (40) percent of the runoff of this subbasin.
SECTION 6.03.
Subbasin 3 - Interstate streams - Texas and Louisiana.
(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; 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 (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 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 (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.
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:
SECTION 7.01.
Subbasin 1 - Intrastate streams - Arkansas.
(a)
This subbasin includes those streams and their tributaries above last downstream major damsites originating in Arkansas and crossing the Arkansas-Louisiana state boundary before flowing into the Red River in Louisiana. Those major last downstream damsites are as follows:
Stream
Site
Ac-ft
Location
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)
Arkansas is apportioned the waters of this subbasin and shall have unrestricted use thereof.
SECTION 7.02.
Subbasin 2 - Interstate streams - Arkansas and Louisiana.
(a)
This subbasin shall consist of Reach IV less subbasin 1 as defined in Section 7.01 (a) above.
(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 (40) percent of the weekly runoff originating below or flowing from the last downstream major damsites to flow into Louisiana. Where there are no designated last downstream damsites, Arkansas shall allow a quantity of water equal to forty (40) percent 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 7.02(b).
SECTION 7.03.
Special Provisions.
(a)
Arkansas may use the beds and banks of segments of Reach IV for the purpose of conveying its share of water to designated downstream diversions.
(b)
The State of Arkansas does not guarantee to maintain a minimum low flow for Louisiana in Reach IV. However, on the following streams when the use of water in Arkansas reduces the flow at the Arkansas-Louisiana state boundary to the following amounts:
(1)
Ouachita - 780 cfs
(2)
Bayou Bartholomew - 80 cfs
(3)
Boeuf River - 40 cfs
(4)
Bayou Macon - 40 cfs
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
SECTION 8.01.
Reach V of the Red River consists of the main stem 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 composed 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 representative 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 gauging stations shall be equitably apportioned among the states involved in the reach in which the stream flow gauging 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 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
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 preparation 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 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
(h)
Print or otherwise reproduce and distribute its proceedings and reports.
SECTION 10.02.
The Commission shall:
(a)
Cause to be established, maintained, and operated such stream, reservoir and other gauging stations as are necessary for the proper administration of the Compact;
(b)
Cause to be collected, analyzed and reported such information 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 Signatory 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;
(f)
Make available to the governor or to any official agency of a Signatory State or to any authorized representative of the United States, upon request, any information within its possession;
(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 subpoena, 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 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 11.03.
The Signatory States agree to cooperate with agencies 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 deterioration of the water of the Red River Basin, and to recommend reasonable 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 waters 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 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 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.
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 notwithstanding, 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 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."
Acts 1979, No. 201, § 1; A.S.A. 1947, § 9-1601.