Okla. Stat. tit. 82, § 82-1431

The following Interstate Compact is hereby approved and

ratified.

RED RIVER COMPACT

ARKANSAS-LOUISIANA-OKLAHOMA-TEXAS, 1978

PREAMBLE

The States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant

to the acts of their respective Governors or Legislatures, or both,

being moved by considerations of interstate comity, have resolved to

compact with respect to the water of the Red River and its

tributaries. By Act of Congress, Public Law No. 346 (84th Congress,

First Session), the consent of the United States has been granted

for said states to negotiate and enter into a compact providing for

an equitable apportionment of such water; and pursuant to that Act

the President has designated the representative of the United

States.

Further, the consent of Congress has been given for two or more

states to negotiate and enter into agreements relating to water

pollution control by the provisions of the Federal Water Pollution

Control Act (P.L. 92-500, 33 U.S.C. Sections 1251 et seq.).

The Signatory States acting through their duly authorized

Compact Commissioners, after several years of negotiations, have

agreed to an equitable apportionment of the water of the Red River

and its tributaries and do hereby submit and recommend that this

Compact be adopted by the respective Legislatures and approved by

Congress as hereinafter set forth:

ARTICLE I

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;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 362

(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;
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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 363

(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 200 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

provisions 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;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 364

(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
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", 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 (2) or more Signatory States.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 365

(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.
erm "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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 366

(b) The annual flow within this subbasin is hereby

apportioned sixty percent (60%) to Texas and forty percent

(40%) 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 one hundred

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 - Main stem 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 one hundred

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 percent (50%)

to Oklahoma and fifty percent (50%) 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.
%) 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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 367

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:

Location

Stream Site Ac-ft 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:

Location

Stream Site Ac-ft 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

New Bonham

Oklahoma Statutes - Title 82. Waters and Water Rights Page 368

Bois d'Arc Creek 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

KVW Ranch

Mud Creek Lakes(3) 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.
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

KVW Ranch

Mud Creek Lakes(3) 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 forty

percent (40%) of the total runoff originating below the

following existing, authorized or proposed last downstream

major damsites in Oklahoma to flow into Arkansas:

Location

Stream Site Ac-ft 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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 369

(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:

Location

Stream Site Ac-ft Latitude

Longitude

McKinney

Bayou Trib. Bringle Lake 3,052 33°30.6'N

94°06.2'W

Barkman

Barkman Creek 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 - Main stem 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 twenty-five percent (25%) 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 forty percent (40%) of the total

weekly runoff originating in subbasin 5 and forty percent

(40%) of undesignated water flowing into subbasin 5;

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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 370

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.
Title 82. Waters and Water Rights Page 370

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

cfs, the States of Oklahoma and Texas shall each allow a

quantity of water equal to forty percent (40%) of the total

weekly runoff originating in subbasin 5 within their

respective states to flow into the Red River; provided

however, this provision shall be invoked only at the

request of Arkansas, only after Arkansas has ceased all

diversions from the Red River itself in Arkansas above

Index, and only if the provisions of subsections 5.05 (b)

(2) and (3) have not caused a limitation of diversions in

subbasin 5.

(d) No state guarantees to maintain a minimum low flow to a

downstream state.

Section 5.06 Special Provisions.

(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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 371

(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 percent (60%) of the runoff

of this subbasin and shall have unrestricted use thereof;

Arkansas is entitled to forty percent (40%) 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 percent (60%) of the

runoff of this subbasin and shall have unrestricted use

thereof; Louisiana is entitled to forty percent (40%) 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.
is entitled to forty percent (40%) 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 percent (50%) 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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 372

(3) Texas and Louisiana shall each have the unrestricted

right to fifty percent (50%) 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 percent (60%) to Texas and forty

percent (40%) 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.
ny 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:

Location

Stream Site Ac-ft Latitude

Longitude

Ouachita River Lake Catherine 19,000 34°26.6'N

93°01.6'W

Oklahoma Statutes - Title 82. Waters and Water Rights Page 373

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 percent (40%) of the weekly runoff originating below

or flowing from the last downstream major damsite to flow

into Louisiana. Where there are no designated last

downstream damsites, Arkansas shall allow a quantity of

water equal to forty percent (40%) 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 7.03 (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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 374

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
ion", 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

sixty (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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 375

(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;
nd 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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 376

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
unds 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.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 377

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 water of the Red River Basin

in which it has an interest are being materially and adversely

affected by pollution and that the state in which the pollution

originates has failed after reasonable notice to take appropriate

abatement 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

Oklahoma Statutes - Title 82. Waters and Water Rights Page 378

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
ble 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 person 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:

i. which involves the construction or application of this

Compact;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 379

ii. in which one or more of the Signatory States to this

Compact is a plaintiff or plaintiffs; and

iii. 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 of 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.