Okla. Stat. tit. 82, § 82-1421

The following Interstate Compact is hereby approved and ratified

subject to the conditions stated in Section 2 of this act.

ARKANSAS RIVER BASIN COMPACT

ARKANSAS-OKLAHOMA, 1970

The State of Arkansas and the State of Oklahoma, acting through

their duly authorized Compact representatives, S. Keith Jackson of

Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations

participated in by Trigg Twichell, appointed by the President as the

representative of the United States of America, pursuant to and in

accordance with the consent to such negotiations granted by an Act

of Congress of the United States of America (Public Law 97, 84th

Congress, 1st session), approved June 28, 1955, have agreed as

follows respecting the waters of the Arkansas River and its

tributaries:

ARTICLE I

The major purposes of this Compact are:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 353

A. To promote interstate comity between the States of Arkansas

and Oklahoma;

B. To provide for an equitable apportionment of the waters of

the Arkansas River between the States of Arkansas and Oklahoma and

to promote the orderly development thereof;

C. To provide an agency for administering the water

apportionment agreed to herein;

D. To encourage the maintenance of an active pollution abate-

ment program in each of the two states and to seek the further

reduction of both natural and man-made pollution in the waters of

the Arkansas River Basin; and

E. To facilitate the cooperation of the water administration

agencies of the States of Arkansas and Oklahoma in the total

development and management of the water resources of the Arkansas

River Basin.

ARTICLE II

As used in the Compact:

A. The term "state" means either state signatory hereto and

shall be construed to include any person or persons, entity or

agency of either state who, by reason of official responsibility or

by designation of the Governor of that state, is acting as an

official representative of that state.

B. The term "Arkansas-Oklahoma Arkansas River Compact

Commission," or the term "Commission" means the agency created by

this Compact for the administration thereof.

C. The term "Arkansas River Basin" means all of the drainage

basin of the Arkansas River and its tributaries from a point

immediately below the confluence of the Grand-Neosho River with the

Arkansas River near Muskogee, Oklahoma, to a point immediately below

the confluence of Lee Creek with the Arkansas River near Van Buren,

Arkansas, together with the drainage basin of Spavinaw Creek in

Arkansas, but excluding that portion of the drainage basin of the

Canadian River below Eufaula Dam.

D. The term "Spavinaw Creek Subbasin" means the drainage area

of Spavinaw Creek in the State of Arkansas.

E. The term "Illinois River Subbasin" means the drainage area

of Illinois River in the State of Arkansas.

F. The term "Lee Creek Subbasin" means the drainage area of Lee

Creek in the State of Arkansas and the State of Oklahoma.

G. The term "Poteau River Subbasin" means the drainage area of

Poteau River in the State of Arkansas.

H. The term "Arkansas River Subbasin" means all areas of the

Arkansas River Basin except the four sub-basins described above.

I. The term "water-year" means a twelve-month period beginning

on October 1, and ending September 30.

J. The term "annual yield" means the computed annual gross

runoff from any specified subbasin which would have passed any

Oklahoma Statutes - Title 82. Waters and Water Rights Page 354

certain point on a stream and would have originated within any

specified area under natural conditions, without any man-made

depletion or accretion during the water year.

K. The term "pollution" means contamination or other

alterations of the physical, chemical, biological or radiological

properties of water or the discharge of any liquid, gaseous, or

solid substances into any waters which creates, or is likely to
am and would have originated within any

specified area under natural conditions, without any man-made

depletion or accretion during the water year.

K. The term "pollution" means contamination or other

alterations of the physical, chemical, biological or radiological

properties of water or the discharge of any liquid, gaseous, or

solid substances into any waters which creates, or is likely to

result in a nuisance, or which renders or is likely to render the

waters into which it is discharged harmful, detrimental or injurious

to public health, safety, or welfare, or which is harmful,

detrimental or injurious to beneficial uses of the water.

ARTICLE III

A. The physical and other conditions peculiar to the Arkansas

River Basin constitute the basis of this Compact, and neither of the

states hereby, nor the Congress of the United States by its consent

hereto, concedes that this Compact established any general principle

with respect to any other interstate stream.

B. By this Compact, neither state signatory hereto is

relinquishing any interest or right it may have with respect to any

waters flowing between them which do not originate in the Arkansas

River Basin as defined by this Compact.

ARTICLE IV

The States of Arkansas and Oklahoma hereby agree upon the

following apportionment of the waters of the Arkansas River Basin:

A. The State of Arkansas shall have the right to develop and

use the waters of the Spavinaw Creek Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

fifty percent (50%).

B. The State of Arkansas shall have the right to develop and

use the waters of the Illinois River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

C. The State of Arkansas shall have the right to develop and

use all waters originating within the Lee Creek Subbasin in the

State or Arkansas, or the equivalent thereof.

D. The State of Oklahoma shall have the right to develop and

use all waters originating within the Lee Creek Subbasin in the

State of Oklahoma, or the equivalent thereof.

E. The State of Arkansas shall have the right to develop and

use the waters of the Poteau River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

F. The State of Oklahoma shall have the right to develop and

use the waters of the Arkansas River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

ARTICLE V

Oklahoma Statutes - Title 82. Waters and Water Rights Page 355

A. On or before December 31 of each year, following the

effective date of this Compact, the Commission shall determine the

stateline yields of the Arkansas River Basin for the previous water

year.

B. Any depletion of annual yield in excess of that allowed by

the provisions of this Compact shall, subject to the control of the

Commission, be delivered to the downstream State, and said delivery

shall consist of not less than sixty percent (60%) of the current

runoff of the basin.

C. Methods for determining the annual yield of each of the sub-

basins shall be those developed and approved by the Commission.

ARTICLE VI

A. Each state may construct, own and operate for its needs

water storage reservoirs in the other state.

B. Depletion in annual yield of any subbasin of the Arkansas

River Basin caused by the operation of any water storage reservoir

either heretofore or hereafter constructed by the United States or

any of its agencies, instrumentalities or wards, or by a state,

political subdivision thereof, or any person or persons shall be

charged against the swate in which the yield therefrom is utilized.

C. Each state shall have the free and unrestricted right to

utilize the natural channel of any stream within the Arkansas River

Basin for conveyance through the other state of waters released from
any of its agencies, instrumentalities or wards, or by a state,

political subdivision thereof, or any person or persons shall be

charged against the swate in which the yield therefrom is utilized.

C. Each state shall have the free and unrestricted right to

utilize the natural channel of any stream within the Arkansas River

Basin for conveyance through the other state of waters released from

any water storage reservoir for an intended downstream point of

diversion or use without loss of ownership of such waters; provided,

however, that a reduction shall be made in the amount of water which

can be withdrawn at point of removal, equal to the transmission

losses.

ARTICLE VII

The States of Arkansas and Oklahoma mutually agree to:

A. The principle of individual state effort to abate man-made

pollution within each state's respective borders, and the continuing

support of both states in an active pollution abatement program;

B. The cooperation of the appropriate state agencies in the

States of Arkansas and Oklahoma to investigate and abate sources of

alleged interstate pollution within the Arkansas River Basin;

C. Enter into joint programs for the identification and control

of sources of pollution of the waters of the Arkansas River and its

tributaries which are of interstate significance;

D. The principle that neither state may require the other to

provide water for the purpose of water quality control as a

substitute for adequate waste treatment;

E. Utilize the provisions of all federal and state water

pollution laws and to recognize such water quality standards as may

be now or hereafter established under the Federal Water Pollution

Control Act in the resolution of any pollution problems affecting

the waters of the Arkansas River Basin.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 356

ARTICLE VIII

A. There is hereby created an interstate administrative agency

to be known as the "Arkansas-Oklahoma Arkansas River Compact

Commission." The Commission shall be composed of three

Commissioners representing the State of Arkansas and three

Commissioners representing the State of Oklahoma, selected as

provided below; and, if designated by the President or an authorized

federal agency, one Commissioner representing the United States. The

President, or the federal agency authorized to make such

appointments, is hereby requested to designate a Commissioner and an

alternate representing the United States. The Federal Commissioner,

if one be designated, shall be the Chairman and presiding officer of

the Commission, but shall not have the right to vote in any of the

deliberations of the Commission.

B. One Arkansas Commissioner shall be the Director of the

Arkansas Soil and Water Conservation Commission, or such other

agency as may be hereafter responsible for administering water law

in the state. The other two Commissioners shall reside in the

Arkansas River drainage area in the State of Arkansas and shall be

appointed by the Governor, by and with the advice and consent of the

Senate, to four-year staggered terms with the first two

Commissioners being appointed simultaneously to terms of two (2) and

four (4) years, respectively.

C. One Oklahoma Commissioner shall be the Director of the

Oklahoma Water Resources Board, or such other agency as may be

hereafter responsible for administering water law in the state. The

other two Commissioners shall reside within the Arkansas River

drainage area in the State of Oklahoma and shall be appointed by the

Governor, by and with the advice and consent of the Senate, to four-

year staggered terms, with the first two Commissioners being

appointed simultaneously to terms of two (2) and four (4) years,

respectively.

D. A majority of the Commissioners of each state and the

Commissioner or his alternate representing the United States, if

they are so designated, must be present to constitute a quorum. In
ernor, by and with the advice and consent of the Senate, to four-

year staggered terms, with the first two Commissioners being

appointed simultaneously to terms of two (2) and four (4) years,

respectively.

D. A majority of the Commissioners of each state and the

Commissioner or his alternate representing the United States, if

they are so designated, must be present to constitute a quorum. In

taking any Commission action, each signatory state shall have a

single vote representing the majority opinion of the Commissioners

of that state.

E. In the case of a tie vote on any of the Commission's

determinations, order, or other actions, a majority of the

Commissioners of either state may, upon written request to the

Chairman, submit the question to arbitration. Arbitration shall not

be compulsory, but on the event of arbitration, there shall be three

arbitrators:

(1) One named by resolution duly adopted by the Arkansas Soil

and Water Conservation Commission, or such other state agency as may

Oklahoma Statutes - Title 82. Waters and Water Rights Page 357

be hereafter responsible for administering water law in the State of

Arkansas; and

(2) One named by resolution duly adopted by the Oklahoma Water

Resources Board, or such other state agency as may be hereafter

responsible for administering water law in the State of Oklahoma;

and

(3) The third chosen by the two arbitrators who are selected as

provided above.

If the arbitrators fail to select a third within sixty (60) days

following their selection, then he shall be chosen by the Chairman

of the Commission.

F. The salaries and personal expenses of each Commissioner

shall be paid by the Government which he represents. All other

expenses which are incurred by the Commission incident to the

administration of this Compact shall be borne equally by the two

states and shall be paid by the Commission out of the "Arkansas-

Oklahoma Arkansas River Compact Fund," initiated and maintained as

provided in Article IX(B)(5) below. The states hereby mutually

agree to appropriate sums sufficient to cover its share of the

expenses incurred in the administration of this Compact, to be paid

into said fund. Disbursements shall be made from said fund in such

manner as may be authorized by the Commission. Such funds shall not

be subject to the audit and accounting procedures of the states;

however, all receipts and disbursements of funds handled by the

Commission shall be audited by a qualified independent public

accountant at regular intervals, and the report of such audit shall

be included in and become a part of the annual report of the

Commission, provided by Article IX(B)(6) below. The Commission

shall not pledge the credit of either state and shall not incur any

obligations prior to the availability of funds adequate to meet the

same.

ARTICLE IX

A. The Commission shall have the power to:

(1) Employ such engineering, legal, clerical and other personnel

as in its judgment may be necessary for the performance of its

functions under this Compact;

(2) 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;

(3) Establish and maintain an office for the conduct of its

affairs;

(4) Adopt and procure a seal for its official use;

(5) Adopt rules and regulations governing its operations. The

procedures employed for the administration of this Compact shall not

be subject to any Administrative Procedures act of either state, but

shall be subject to the provisions hereof and to the rules and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 358

regulations of the Commission; provided, however, all rules and

regulations of the Commission shall be filed with the Secretary of

State of the signatory States.
inistration of this Compact shall not

be subject to any Administrative Procedures act of either state, but

shall be subject to the provisions hereof and to the rules and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 358

regulations of the Commission; provided, however, all rules and

regulations of the Commission shall be filed with the Secretary of

State of the signatory States.

(6) Cooperate with federal and state agencies and political

subdivisions of the signatory states in developing principles,

consistent with the provisions of this Compact and with federal and

state policy, for the storage and release of water from reservoirs,

both existing and future within the Arkansas River Basin, for the

purpose of assuring their operation in the best interests of the

states and the United States;

(7) Hold hearings and compel the attendance of witnesses for the

purpose of taking testimony and receiving other appropriate and

proper evidence and issuing such appropriate orders as it deems

necessary for the proper administration of this Compact, which

orders shall be enforceable upon the request by the Commission or

any other interested party in any court of competent jurisdiction

within the county wherein the subject matter to which the order

relates is in existence, subject to the right of review through the

appellate courts of the State of situs. Any hearing held for the

promulgation and issuance of orders shall be in the county and state

of the subject matter of said hearing;

(8) Make and file official certified copies of any of its

findings, recommendations or reports with such officers or agencies

of either state, or the United States, as may have any interest in

or jurisdiction over the subject matter. Findings of fact made by

the Commission shall be admissible in evidence and shall constitute

prima facie evidence of such fact in any court or before any agency

of competent jurisdiction. The making of findings, recommendations,

or reports by the Commission shall not be a condition precedent to

instituting or maintaining any action or proceeding of any kind by a

signatory state in any court, or before any tribunal, agency or

officer, for the protection of any right under this Compact or for

the enforcement of any of its provisions;

(9) Secure from the head of any department or agency of the

federal or state government such information, suggestions, estimates

and statistics as it may need or believe 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;

(10) Print or otherwise reproduce and distribute all of its

proceedings and reports; and

(11) Accept, for the purposes of this Compact, any and all private

donations and gifts and Federal grants of money.

B. The Commission shall:

(1) Cause to be established, maintained and operated such

stream, reservoir or other gaging stations as may be necessary for

the proper administration of this Compact;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 359

(2) Collect, analyze and report on data as to stream flows,

water quality, annual yields and such other information as is

necessary for the proper administration of this Compact;

(3) Continue research for developing methods of determining

total basin yields;

(4) Perform all other functions required of it by the Compact

and do all things necessary, proper or convenient in the performance

of its duties thereunder;

(5) Establish and maintain the "Arkansas-Oklahoma Arkansas River

Compact Fund," consisting of any and all funds received by the

Commission under the authority of this Compact and deposited in one

or more banks qualifying for the deposit of public funds of the

signatory States;
of it by the Compact

and do all things necessary, proper or convenient in the performance

of its duties thereunder;

(5) Establish and maintain the "Arkansas-Oklahoma Arkansas River

Compact Fund," consisting of any and all funds received by the

Commission under the authority of this Compact and deposited in one

or more banks qualifying for the deposit of public funds of the

signatory States;

(6) 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;

(7) Prepare and submit to the Governor of each of the States of

Arkansas and Oklahoma an annual budget covering the anticipated

expenses of the Commission for the following fiscal year; and

(8) Make available to the Governor of any state agency of either

state or to any authorized representative of the United States, upon

request, any information within its possession.

ARTICLE X

A. The provisions hereof shall remain in full force and effect

until changed or amended by unanimous action of the states acting

through their Commissioners and until such changes are ratified by

the legislatures of the respective states and consented to by the

Congress of the United States in the same manner as this Compact is

required to be ratified to become effective.

B. This Compact may be terminated at any time by the appro-

priate action of the legislature of both signatory states.

C. In the event of amendment or termination of the Compact, all

rights established under the Compact shall continue unimpaired.

ARTICLE XI

Nothing in this Compact shall be deemed:

A. To impair or affect the powers, rights or obligations of the

United States, or those claiming under its authority in, over and to

the waters of the Arkansas River Basin;

B. To interfere with or impair the right or power of either

signatory State to regulate within its boundaries of appropriation,

use and control of waters within that state not inconsistent with

its obligations under this Compact.

ARTICLE XII

If any part or application of this Compact should be declared

invalid by a court of competent jurisdiction, all other provisions

Oklahoma Statutes - Title 82. Waters and Water Rights Page 360

and application of this Compact shall remain in full force and

effect.

ARTICLE XIII

A. This Compact shall become binding and obligatory when it

shall have been ratified by the legislature of each state and

consented to by the Congress of the United States, and when the

Congressional Act consenting to this Compact includes the consent of

Congress to name and join the United States as a party in any

litigation in the United States Supreme Court, if the United States

is an indispensable party, and if the litigation arises out of this

Compact or its application, and if a signatory state is a party

thereto.

B. The States of Arkansas and Oklahoma mutually agree and

consent to be sued in the United States District Court under the

provisions of Public Law 87-830 as enacted October 15, 1962, or as

may be thereafter amended.

C. Notice of ratification by the legislature of 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, and the

President is hereby requested to give notice to the Governor of each

state of consent by the Congress of the United States.

ARKANSAS RIVER BASIN COMPACT

ARKANSAS-OKLAHOMA, 1970

MEMORANDUM OF CORRECTION

The State of Arkansas and Oklahoma, further acting through their

duly authorized compact representatives, S. Keith Jackson of

Arkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this

memorandum of correction to the Arkansas River Basin Compact

Arkansas-Oklahoma, 1970, executed at the City of Little Rock, State
S RIVER BASIN COMPACT

ARKANSAS-OKLAHOMA, 1970

MEMORANDUM OF CORRECTION

The State of Arkansas and Oklahoma, further acting through their

duly authorized compact representatives, S. Keith Jackson of

Arkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this

memorandum of correction to the Arkansas River Basin Compact

Arkansas-Oklahoma, 1970, executed at the City of Little Rock, State

of Arkansas, on the 16th day of March, 1970, as follows:

1. By striking the word "below" as it appears in the last

line of Article II (C) and inserting in lieu thereof the

word "above."

2. By striking the word "of" as it appears in the first line

of Article IX, (B) (8) and inserting in lieu thereof the

word "or."

IN WITNESS WHEREOF, the authorized representatives have executed

three counterparts hereof each of which shall be and constitute an

original, one of which shall be deposited with the Administrator of

General Services of the United States, and affixed to the original

Arkansas River Basin Compact Arkansas-Oklahoma, 1970, there on file,

and one of which shall be forwarded to the Governor of each state

and likewise affixed to said Compact there on file.