Okla. Stat. tit. 74, § 74-6106

TEXT OF COMPACT

The Red River Boundary Compact reads as follows:

RED RIVER BOUNDARY COMPACT

ARTICLE I. PURPOSE

A. The States of Oklahoma and Texas recognize that:

1. There are actual and potential disputes, controversies,

criminal proceedings, and litigation arising, or that may arise, out

of the location of the boundary line between the states along the

Red River;

2. The south bank of the Red River is the boundary between the

states along the Red River;

3. The boundary between the states changes as a result of the

natural action of the river and, because of those changes and the

nature of the land, the south bank of the river is often not readily

or easily identified;

4. While the south bank, at any given time, may be located

through expensive and time-consuming survey techniques, such surveys

can, at best, identify the south bank only as it exists at the time

of the survey;

5. Locating the south bank through survey techniques is of

minimal aid when agencies of the party states must locate the state

boundary line for law enforcement, administrative and taxation

purposes; and

6. The interests of the party states are better served by

establishing the boundary between the states through use of a

readily identifiable natural landmark than through use of an

artificial survey line.

B. It is the principal purpose of the party states in entering

into this compact to establish an identifiable boundary between the

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states of Oklahoma and Texas along the Red River as of the effective

date of this compact without changing title of any person or entity,

public or private, to land adjacent to the Red River. In addition,

this compact serves the compelling purposes of:

1. Creation of a friendly and harmonious interstate

relationship;

2. Avoidance of multiple exercise of sovereignty and

jurisdiction, including matters of taxation, judicial and police

powers, and exercise of administrative authority;

3. Avoidance of lack of exercise of sovereignty and

jurisdiction over any lands along the boundary;

4. Avoidance of questions of venue in civil and criminal

proceedings that may arise as a result of incidents along the

boundary and avoidance or minimization of future disputes and

litigation;

5. Promotion of economic and political stability; and

6. Placement of the boundary at a location that can be visually

identified or located without the necessity of a current survey and

that is close to the historical boundary location.

ARTICLE II. ESTABLISHMENT OF BOUNDARY

A. As used in this article:

1. “Vegetation” means trees, shrubs, grasses, and other plant

species that substantially cover the ground. Whether the vegetation

substantially covers the ground is determined by reference to the

density of the coverage of the ground by trees, shrubs, grasses, and

other plant species in the area adjacent to the relevant portion of

the riverbed; and

2. “Vegetation line” means the visually identifiable continuous

line of vegetation that is adjacent to that portion of the riverbed

kept practically bare of vegetation by the natural flow of the river

and is continuous with the vegetation beyond the riverbed. Stray

vegetation, patches of vegetation, or islands of vegetation within

the riverbed that do not form such a line are not considered part of

the vegetation line. Where the riverbed is entered by the inflow of

another watercourse or is otherwise interrupted or disturbed by a

man-made event, the line constituting the boundary is an artificial

line formed by extending the vegetation line above and below the

other watercourse or interrupted or disturbed area to connect and

cross the watercourse or area.

B. The permanent political boundary line between the states of

Oklahoma and Texas along the Red River is the vegetation line along

the south bank of the Red River except for the Texoma area, where
uting the boundary is an artificial

line formed by extending the vegetation line above and below the

other watercourse or interrupted or disturbed area to connect and

cross the watercourse or area.

B. The permanent political boundary line between the states of

Oklahoma and Texas along the Red River is the vegetation line along

the south bank of the Red River except for the Texoma area, where

the boundary does not change. For purposes of this compact:

1. The Texoma area extends from the east bank of Shawnee Creek

(which flows into the Red River from the south approximately one-

half (1/2) mile below the Denison Dam) at its mouth to the upper end

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of the normal pool elevation of Lake Texoma (which is six hundred

seventeen (617) feet); and

2. The upper end of the normal pool elevation of Lake Texoma is

along the latitude of 33 degrees 54 minutes as it crosses the

watercourse at the approximate location of longitude 96 degrees 59

minutes.

C. The party states agree that the existing boundary within the

Texoma area begins at the intersection of the vegetation line on the

south bank of the Red River with the east bank of Shawnee Creek.

From this point, the boundary extends west along the south bank of

the Red River. From Shawnee Creek to Denison Dam, this boundary

line is within the current channel of the Red River. The boundary

line from Shawnee Creek to the Denison Dam may be established using

the Lake Texoma Fishing and Boating Map, No. A353, published by “FHS

Maps” , containing acknowledgments for the data source to the United

TM

States Geological Survey and the U.S. Army Corps of Engineers,

hereinafter referred to as “Reference Map”. From the east bank of

Shawnee Creek to the base of the Denison Dam, the boundary between

the State of Oklahoma and the State of Texas may be the line which

is depicted by the Reference Map as an extension of a black dashed

line comprised of the following repeating characters (“-..-”) east

from the body of Lake Texoma across the depiction of the Denison

Dam, thence continuing eastward until the line connects to a point

at the intersection of the east bank of Shawnee Creek and the south

bank of the Red River. Within Lake Texoma, this boundary line

follows the south bank of the Red River as the bank was located and

marked by the United States Army Corps of Engineers.

D. Within one (1) year after the date the United States

Congress consents to this compact, the Commissioner of the General

Land Office of Texas and a designated member of the Oklahoma Red

River Boundary Commission, as chosen by the Commission, shall:

1. Locate the boundary line within the Texoma area as described

by subsection C of this article, using the survey that the United

States Army Corps of Engineers prepared in connection with the

construction of Lake Texoma and any other surveys, historical maps,

or other information that may be available;

2. Prepare a map of the boundary line; and

3. Prepare a document styled “Lake Texoma Area Boundary

Agreement”, which shall incorporate by reference and have attached

as an exhibit a map of the boundary in the Lake Texoma area. Upon

agreement, signature and acknowledgment by both persons, the “Lake

Texoma Area Boundary Agreement” shall have the legal effect of

establishing the boundary within the Lake Texoma area. The “Lake

Texoma Area Boundary Agreement”, when adopted pursuant to a

resolution of the Contingency Review Board acting on behalf of the

State of Oklahoma and when adopted pursuant to the applicable

requirements of laws of the State of Texas, shall amend the

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provisions of the Red River Boundary Compact and constitute part of

the terms of the Red River Boundary Compact. The governors of the

respective party states shall file the “Lake Texoma Area Boundary
n behalf of the

State of Oklahoma and when adopted pursuant to the applicable

requirements of laws of the State of Texas, shall amend the

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provisions of the Red River Boundary Compact and constitute part of

the terms of the Red River Boundary Compact. The governors of the

respective party states shall file the “Lake Texoma Area Boundary

Agreement” in the state library and archives of each party state and

with the Oklahoma Secretary of State.

E. Within one (1) year after the date the “Lake Texoma Area

Boundary Agreement” is filed under paragraph 3 of subsection D of

this article, there shall be a permanently marked boundary line

within the Texoma area as shown on the map constituting the exhibit

to the “Lake Texoma Area Boundary Agreement”. The boundary line

shall be maintained with markers annually, or more frequently if

necessary subject to any requirement or restriction of law or

resulting from a judgment of a court of competent jurisdiction.

F. The party states may:

1. Agree to equally share the cost of monumenting and

maintaining the lines demarking both the boundary within the Texoma

area and the upper limit of the normal pool elevation in a manner

designed to make the boundary readily identifiable to the using

public; or

2. Seek funding from other sources for monumenting and

maintaining the lines.

G. Should there be a change in the watercourse of the Red

River, the party states recognize the rules of accretion, erosion,

and avulsion. The states agree that accretion or erosion may cause

a change in the boundary between the states if it causes a change in

the vegetation line. With regard to avulsion, the states agree that

a change in the course of the Red River caused by an immediately

perceivable natural event that changes the vegetation line will

change the location of the boundary between the states.

ARTICLE III. SOVEREIGNTY

On the effective date of this compact, the party states agree

that the State of Oklahoma possesses sovereignty over all lands

north of the boundary line established by this compact and that the

State of Texas possesses sovereignty over all lands south of the

boundary line established by this compact. This compact does not

change or affect in any manner the sovereign rights of federally

recognized Indian tribes over tribal lands on either side of the

boundary line established by this compact. Tribal sovereignty

rights continue to be established and defined by controlling federal

law.

ARTICLE IV. PENDING LITIGATION

This compact does not affect the jurisdiction of any litigation

concerning the title to any of the lands bordering the Red River

pending in the courts of either of the party states or the United

States as of the effective date of this compact. The states intend

that such litigation, if any, continue in the trial and appellate

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courts of the jurisdiction where pending, until the litigation is

finally determined.

ARTICLE V. PUBLIC RECORDS

A. All public records in either party state concerning any

lands the sovereignty over which is changed by this compact are

accepted as evidence of record title to such lands, to and including

the effective date of this compact, by the courts of the other state

and the federal courts.

B. As to lands the sovereignty over which is changed by this

compact, the recording officials of the counties of each party state

shall accept for filing certified copies of documents of title

previously filed in the other state and documents of title using

legal descriptions derived from the land descriptions of the other

state. The acceptance of a document for filing has no bearing on

its legal effect or sufficiency. The legal sufficiency of a

document’s form, execution, and acknowledgments and the document’s

ability to convey or otherwise affect title, are determined by the
tle

previously filed in the other state and documents of title using

legal descriptions derived from the land descriptions of the other

state. The acceptance of a document for filing has no bearing on

its legal effect or sufficiency. The legal sufficiency of a

document’s form, execution, and acknowledgments and the document’s

ability to convey or otherwise affect title, are determined by the

document itself and the real estate laws of the jurisdiction in

which the land was located at the time the document was executed or

took effect.

ARTICLE VI. TAXES

A. Except as provided by subsections B and C of this article,

the lands the sovereignty over which is changed by this compact are,

after the effective date of this compact, subject to taxation only

by the state gaining sovereignty over the lands by this compact.

B. Taxes for the year of adoption of this compact for property

the jurisdiction over which is changed by this compact may be

lawfully imposed only by the state in which the property was located

on January 1 of the year of adoption of this compact. The taxes for

the year of adoption may be levied and collected by that state or

its authorized governmental subdivisions or agencies, and any liens

or other rights accrued or accruing, including the right of

collection, are fully recognized, except that all liens or other

rights arising out of the imposition of those taxes must be claimed

or asserted within five (5) years after this compact takes effect or

they are barred.

C. The party states recognize that the boundary between the

states will change from time to time as a result of the natural

actions of accretion, erosion, and avulsion and agree that for years

subsequent to the year of adoption of this compact, the state within

which lands adjoining the boundary line are located on January 1 of

each year has the right to levy and collect taxes for the entire

ensuing year.

D. All taxes currently assessed by governmental entities in

each party state as to lands that border or cross the boundary line

established by this compact are presumed to be correct as to acreage

within the particular jurisdiction, absent competent proof to the

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contrary presented in writing by the property owner or owners to the

appropriate taxing agencies. All such proof must be presented to

the appropriate taxing agencies before May 1 of the year following

the year in which this compact takes effect. In subsequent years it

is presumed that the acreage taxed in each jurisdiction for the

previous year was correct unless evidence of change is furnished to

or obtained by the various taxing agencies under rules and

regulations adopted by those taxing agencies.

ARTICLE VII. PROPERTY AND WATER RIGHTS

This compact does not change:

1. The title of any person or entity, public or private, to any

of the lands adjacent to the Red River;

2. The rights, including riparian rights, if any, of any person

or entity, public or private, that exist as a result of the person’s

or entity’s title to lands adjacent to the Red River; or

3. The boundaries of those lands.

ARTICLE VIII. EFFECTIVE DATE

This compact takes effect when enacted by the states of Oklahoma

and Texas and consented to by the United States Congress.

ARTICLE IX. ENFORCEMENT

A. This compact does not limit or prevent either party state

from instituting or maintaining any action or proceeding, legal or

equitable, in any court having jurisdiction, for the protection of

any right under this compact or the enforcement of any of its

provisions.

B. This compact is not binding or obligatory on either party

state unless and until it has been enacted by both states and

consented to by the United States Congress. Notice of enactment of

this compact by each state shall be given by the Governor of that

state to the Governor of the other state and to the President of the
right under this compact or the enforcement of any of its

provisions.

B. This compact is not binding or obligatory on either party

state unless and until it has been enacted by both states and

consented to by the United States Congress. Notice of enactment of

this compact by each state shall be given by the Governor of that

state to the Governor of the other state and to the President of the

United States. The president is requested to give notice to the

governors of the party states of the consent to this compact by the

United States Congress.

ARTICLE X. AMENDMENTS

This compact remains in full force and effect unless amended in

the same manner as it was created.