{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1421","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1421","heading":"Approval of compact - Text","body":"The following Interstate Compact is hereby approved and ratified\n\nsubject to the conditions stated in Section 2 of this act.\n\nARKANSAS RIVER BASIN COMPACT\n\nARKANSAS-OKLAHOMA, 1970\n\nThe State of Arkansas and the State of Oklahoma, acting through\n\ntheir duly authorized Compact representatives, S. Keith Jackson of\n\nArkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations\n\nparticipated in by Trigg Twichell, appointed by the President as the\n\nrepresentative of the United States of America, pursuant to and in\n\naccordance with the consent to such negotiations granted by an Act\n\nof Congress of the United States of America (Public Law 97, 84th\n\nCongress, 1st session), approved June 28, 1955, have agreed as\n\nfollows respecting the waters of the Arkansas River and its\n\ntributaries:\n\nARTICLE I\n\nThe major purposes of this Compact are:\n\nA. To promote interstate comity between the States of Arkansas\n\nand Oklahoma;\n\nB. To provide for an equitable apportionment of the waters of\n\nthe Arkansas River between the States of Arkansas and Oklahoma and\n\nto promote the orderly development thereof;\n\nC. To provide an agency for administering the water\n\napportionment agreed to herein;\n\nD. To encourage the maintenance of an active pollution abate-\n\nment program in each of the two states and to seek the further\n\nreduction of both natural and man-made pollution in the waters of\n\nthe Arkansas River Basin; and\n\nE. To facilitate the cooperation of the water administration\n\nagencies of the States of Arkansas and Oklahoma in the total\n\ndevelopment and management of the water resources of the Arkansas\n\nRiver Basin.\n\nARTICLE II\n\nAs used in the Compact:\n\nA. The term \"state\" means either state signatory hereto and\n\nshall be construed to include any person or persons, entity or\n\nagency of either state who, by reason of official responsibility or\n\nby designation of the Governor of that state, is acting as an\n\nofficial representative of that state.\n\nB. The term \"Arkansas-Oklahoma Arkansas River Compact\n\nCommission,\" or the term \"Commission\" means the agency created by\n\nthis Compact for the administration thereof.\n\nC. The term \"Arkansas River Basin\" means all of the drainage\n\nbasin of the Arkansas River and its tributaries from a point\n\nimmediately below the confluence of the Grand-Neosho River with the\n\nArkansas River near Muskogee, Oklahoma, to a point immediately below\n\nthe confluence of Lee Creek with the Arkansas River near Van Buren,\n\nArkansas, together with the drainage basin of Spavinaw Creek in\n\nArkansas, but excluding that portion of the drainage basin of the\n\nCanadian River below Eufaula Dam.\n\nD. The term \"Spavinaw Creek Subbasin\" means the drainage area\n\nof Spavinaw Creek in the State of Arkansas.\n\nE. The term \"Illinois River Subbasin\" means the drainage area\n\nof Illinois River in the State of Arkansas.\n\nF. The term \"Lee Creek Subbasin\" means the drainage area of Lee\n\nCreek in the State of Arkansas and the State of Oklahoma.\n\nG. The term \"Poteau River Subbasin\" means the drainage area of\n\nPoteau River in the State of Arkansas.\n\nH. The term \"Arkansas River Subbasin\" means all areas of the\n\nArkansas River Basin except the four sub-basins described above.\n\nI. The term \"water-year\" means a twelve-month period beginning\n\non October 1, and ending September 30.\n\nJ. The term \"annual yield\" means the computed annual gross\n\nrunoff from any specified subbasin which would have passed any\n\ncertain point on a stream and would have originated within any\n\nspecified area under natural conditions, without any man-made\n\ndepletion or accretion during the water year.\n\nK. The term \"pollution\" means contamination or other\n\nalterations of the physical, chemical, biological or radiological\n\nproperties of water or the discharge of any liquid, gaseous, or\n\nsolid substances into any waters which creates, or is likely to\nam and would have originated within any\n\nspecified area under natural conditions, without any man-made\n\ndepletion or accretion during the water year.\n\nK. The term \"pollution\" means contamination or other\n\nalterations of the physical, chemical, biological or radiological\n\nproperties of water or the discharge of any liquid, gaseous, or\n\nsolid substances into any waters which creates, or is likely to\n\nresult in a nuisance, or which renders or is likely to render the\n\nwaters into which it is discharged harmful, detrimental or injurious\n\nto public health, safety, or welfare, or which is harmful,\n\ndetrimental or injurious to beneficial uses of the water.\n\nARTICLE III\n\nA. The physical and other conditions peculiar to the Arkansas\n\nRiver Basin constitute the basis of this Compact, and neither of the\n\nstates hereby, nor the Congress of the United States by its consent\n\nhereto, concedes that this Compact established any general principle\n\nwith respect to any other interstate stream.\n\nB. By this Compact, neither state signatory hereto is\n\nrelinquishing any interest or right it may have with respect to any\n\nwaters flowing between them which do not originate in the Arkansas\n\nRiver Basin as defined by this Compact.\n\nARTICLE IV\n\nThe States of Arkansas and Oklahoma hereby agree upon the\n\nfollowing apportionment of the waters of the Arkansas River Basin:\n\nA. The State of Arkansas shall have the right to develop and\n\nuse the waters of the Spavinaw Creek Subbasin subject to the\n\nlimitation that the annual yield shall not be depleted by more than\n\nfifty percent (50%).\n\nB. The State of Arkansas shall have the right to develop and\n\nuse the waters of the Illinois River Subbasin subject to the\n\nlimitation that the annual yield shall not be depleted by more than\n\nsixty percent (60%).\n\nC. The State of Arkansas shall have the right to develop and\n\nuse all waters originating within the Lee Creek Subbasin in the\n\nState or Arkansas, or the equivalent thereof.\n\nD. The State of Oklahoma shall have the right to develop and\n\nuse all waters originating within the Lee Creek Subbasin in the\n\nState of Oklahoma, or the equivalent thereof.\n\nE. The State of Arkansas shall have the right to develop and\n\nuse the waters of the Poteau River Subbasin subject to the\n\nlimitation that the annual yield shall not be depleted by more than\n\nsixty percent (60%).\n\nF. The State of Oklahoma shall have the right to develop and\n\nuse the waters of the Arkansas River Subbasin subject to the\n\nlimitation that the annual yield shall not be depleted by more than\n\nsixty percent (60%).\n\nARTICLE V\n\nA. On or before December 31 of each year, following the\n\neffective date of this Compact, the Commission shall determine the\n\nstateline yields of the Arkansas River Basin for the previous water\n\nyear.\n\nB. Any depletion of annual yield in excess of that allowed by\n\nthe provisions of this Compact shall, subject to the control of the\n\nCommission, be delivered to the downstream State, and said delivery\n\nshall consist of not less than sixty percent (60%) of the current\n\nrunoff of the basin.\n\nC. Methods for determining the annual yield of each of the sub-\n\nbasins shall be those developed and approved by the Commission.\n\nARTICLE VI\n\nA. Each state may construct, own and operate for its needs\n\nwater storage reservoirs in the other state.\n\nB. Depletion in annual yield of any subbasin of the Arkansas\n\nRiver Basin caused by the operation of any water storage reservoir\n\neither heretofore or hereafter constructed by the United States or\n\nany of its agencies, instrumentalities or wards, or by a state,\n\npolitical subdivision thereof, or any person or persons shall be\n\ncharged against the swate in which the yield therefrom is utilized.\n\nC. Each state shall have the free and unrestricted right to\n\nutilize the natural channel of any stream within the Arkansas River\n\nBasin for conveyance through the other state of waters released from\nany of its agencies, instrumentalities or wards, or by a state,\n\npolitical subdivision thereof, or any person or persons shall be\n\ncharged against the swate in which the yield therefrom is utilized.\n\nC. Each state shall have the free and unrestricted right to\n\nutilize the natural channel of any stream within the Arkansas River\n\nBasin for conveyance through the other state of waters released from\n\nany water storage reservoir for an intended downstream point of\n\ndiversion or use without loss of ownership of such waters; provided,\n\nhowever, that a reduction shall be made in the amount of water which\n\ncan be withdrawn at point of removal, equal to the transmission\n\nlosses.\n\nARTICLE VII\n\nThe States of Arkansas and Oklahoma mutually agree to:\n\nA. The principle of individual state effort to abate man-made\n\npollution within each state's respective borders, and the continuing\n\nsupport of both states in an active pollution abatement program;\n\nB. The cooperation of the appropriate state agencies in the\n\nStates of Arkansas and Oklahoma to investigate and abate sources of\n\nalleged interstate pollution within the Arkansas River Basin;\n\nC. Enter into joint programs for the identification and control\n\nof sources of pollution of the waters of the Arkansas River and its\n\ntributaries which are of interstate significance;\n\nD. The principle that neither state may require the other to\n\nprovide water for the purpose of water quality control as a\n\nsubstitute for adequate waste treatment;\n\nE. Utilize the provisions of all federal and state water\n\npollution laws and to recognize such water quality standards as may\n\nbe now or hereafter established under the Federal Water Pollution\n\nControl Act in the resolution of any pollution problems affecting\n\nthe waters of the Arkansas River Basin.\n\nARTICLE VIII\n\nA. There is hereby created an interstate administrative agency\n\nto be known as the \"Arkansas-Oklahoma Arkansas River Compact\n\nCommission.\" The Commission shall be composed of three\n\nCommissioners representing the State of Arkansas and three\n\nCommissioners representing the State of Oklahoma, selected as\n\nprovided below; and, if designated by the President or an authorized\n\nfederal agency, one Commissioner representing the United States. The\n\nPresident, or the federal agency authorized to make such\n\nappointments, is hereby requested to designate a Commissioner and an\n\nalternate representing the United States. The Federal Commissioner,\n\nif one be designated, shall be the Chairman and presiding officer of\n\nthe Commission, but shall not have the right to vote in any of the\n\ndeliberations of the Commission.\n\nB. One Arkansas Commissioner shall be the Director of the\n\nArkansas Soil and Water Conservation Commission, or such other\n\nagency as may be hereafter responsible for administering water law\n\nin the state. The other two Commissioners shall reside in the\n\nArkansas River drainage area in the State of Arkansas and shall be\n\nappointed by the Governor, by and with the advice and consent of the\n\nSenate, to four-year staggered terms with the first two\n\nCommissioners being appointed simultaneously to terms of two (2) and\n\nfour (4) years, respectively.\n\nC. One Oklahoma Commissioner shall be the Director of the\n\nOklahoma Water Resources Board, or such other agency as may be\n\nhereafter responsible for administering water law in the state. The\n\nother two Commissioners shall reside within the Arkansas River\n\ndrainage area in the State of Oklahoma and shall be appointed by the\n\nGovernor, by and with the advice and consent of the Senate, to four-\n\nyear staggered terms, with the first two Commissioners being\n\nappointed simultaneously to terms of two (2) and four (4) years,\n\nrespectively.\n\nD. A majority of the Commissioners of each state and the\n\nCommissioner or his alternate representing the United States, if\n\nthey are so designated, must be present to constitute a quorum. In\nernor, by and with the advice and consent of the Senate, to four-\n\nyear staggered terms, with the first two Commissioners being\n\nappointed simultaneously to terms of two (2) and four (4) years,\n\nrespectively.\n\nD. A majority of the Commissioners of each state and the\n\nCommissioner or his alternate representing the United States, if\n\nthey are so designated, must be present to constitute a quorum. In\n\ntaking any Commission action, each signatory state shall have a\n\nsingle vote representing the majority opinion of the Commissioners\n\nof that state.\n\nE. In the case of a tie vote on any of the Commission's\n\ndeterminations, order, or other actions, a majority of the\n\nCommissioners of either state may, upon written request to the\n\nChairman, submit the question to arbitration. Arbitration shall not\n\nbe compulsory, but on the event of arbitration, there shall be three\n\narbitrators:\n\n(1) One named by resolution duly adopted by the Arkansas Soil\n\nand Water Conservation Commission, or such other state agency as may\n\nbe hereafter responsible for administering water law in the State of\n\nArkansas; and\n\n(2) One named by resolution duly adopted by the Oklahoma Water\n\nResources Board, or such other state agency as may be hereafter\n\nresponsible for administering water law in the State of Oklahoma;\n\nand\n\n(3) The third chosen by the two arbitrators who are selected as\n\nprovided above.\n\nIf the arbitrators fail to select a third within sixty (60) days\n\nfollowing their selection, then he shall be chosen by the Chairman\n\nof the Commission.\n\nF. The salaries and personal expenses of each Commissioner\n\nshall be paid by the Government which he represents. All other\n\nexpenses which are incurred by the Commission incident to the\n\nadministration of this Compact shall be borne equally by the two\n\nstates and shall be paid by the Commission out of the \"Arkansas-\n\nOklahoma Arkansas River Compact Fund,\" initiated and maintained as\n\nprovided in Article IX(B)(5) below. The states hereby mutually\n\nagree to appropriate sums sufficient to cover its share of the\n\nexpenses incurred in the administration of this Compact, to be paid\n\ninto said fund. Disbursements shall be made from said fund in such\n\nmanner as may be authorized by the Commission. Such funds shall not\n\nbe subject to the audit and accounting procedures of the states;\n\nhowever, all receipts and disbursements of funds handled by the\n\nCommission shall be audited by a qualified independent public\n\naccountant at regular intervals, and the report of such audit shall\n\nbe included in and become a part of the annual report of the\n\nCommission, provided by Article IX(B)(6) below. The Commission\n\nshall not pledge the credit of either state and shall not incur any\n\nobligations prior to the availability of funds adequate to meet the\n\nsame.\n\nARTICLE IX\n\nA. The Commission shall have the power to:\n\n(1) Employ such engineering, legal, clerical and other personnel\n\nas in its judgment may be necessary for the performance of its\n\nfunctions under this Compact;\n\n(2) Enter into contracts with appropriate state or federal\n\nagencies for the collection, correlation, and presentation of\n\nfactual data, for the maintenance of records and for the preparation\n\nof reports;\n\n(3) Establish and maintain an office for the conduct of its\n\naffairs;\n\n(4) Adopt and procure a seal for its official use;\n\n(5) Adopt rules and regulations governing its operations. The\n\nprocedures employed for the administration of this Compact shall not\n\nbe subject to any Administrative Procedures act of either state, but\n\nshall be subject to the provisions hereof and to the rules and\n\nregulations of the Commission; provided, however, all rules and\n\nregulations of the Commission shall be filed with the Secretary of\n\nState of the signatory States.\ninistration of this Compact shall not\n\nbe subject to any Administrative Procedures act of either state, but\n\nshall be subject to the provisions hereof and to the rules and\n\nregulations of the Commission; provided, however, all rules and\n\nregulations of the Commission shall be filed with the Secretary of\n\nState of the signatory States.\n\n(6) Cooperate with federal and state agencies and political\n\nsubdivisions of the signatory states in developing principles,\n\nconsistent with the provisions of this Compact and with federal and\n\nstate policy, for the storage and release of water from reservoirs,\n\nboth existing and future within the Arkansas River Basin, for the\n\npurpose of assuring their operation in the best interests of the\n\nstates and the United States;\n\n(7) Hold hearings and compel the attendance of witnesses for the\n\npurpose of taking testimony and receiving other appropriate and\n\nproper evidence and issuing such appropriate orders as it deems\n\nnecessary for the proper administration of this Compact, which\n\norders shall be enforceable upon the request by the Commission or\n\nany other interested party in any court of competent jurisdiction\n\nwithin the county wherein the subject matter to which the order\n\nrelates is in existence, subject to the right of review through the\n\nappellate courts of the State of situs. Any hearing held for the\n\npromulgation and issuance of orders shall be in the county and state\n\nof the subject matter of said hearing;\n\n(8) Make and file official certified copies of any of its\n\nfindings, recommendations or reports with such officers or agencies\n\nof either state, or the United States, as may have any interest in\n\nor jurisdiction over the subject matter. Findings of fact made by\n\nthe Commission shall be admissible in evidence and shall constitute\n\nprima facie evidence of such fact in any court or before any agency\n\nof competent jurisdiction. The making of findings, recommendations,\n\nor reports by the Commission shall not be a condition precedent to\n\ninstituting or maintaining any action or proceeding of any kind by a\n\nsignatory state in any court, or before any tribunal, agency or\n\nofficer, for the protection of any right under this Compact or for\n\nthe enforcement of any of its provisions;\n\n(9) Secure from the head of any department or agency of the\n\nfederal or state government such information, suggestions, estimates\n\nand statistics as it may need or believe to be useful for carrying\n\nout its functions and as may be available to or procurable by the\n\ndepartment or agency to which the request is addressed;\n\n(10) Print or otherwise reproduce and distribute all of its\n\nproceedings and reports; and\n\n(11) Accept, for the purposes of this Compact, any and all private\n\ndonations and gifts and Federal grants of money.\n\nB. The Commission shall:\n\n(1) Cause to be established, maintained and operated such\n\nstream, reservoir or other gaging stations as may be necessary for\n\nthe proper administration of this Compact;\n\n(2) Collect, analyze and report on data as to stream flows,\n\nwater quality, annual yields and such other information as is\n\nnecessary for the proper administration of this Compact;\n\n(3) Continue research for developing methods of determining\n\ntotal basin yields;\n\n(4) Perform all other functions required of it by the Compact\n\nand do all things necessary, proper or convenient in the performance\n\nof its duties thereunder;\n\n(5) Establish and maintain the \"Arkansas-Oklahoma Arkansas River\n\nCompact Fund,\" consisting of any and all funds received by the\n\nCommission under the authority of this Compact and deposited in one\n\nor more banks qualifying for the deposit of public funds of the\n\nsignatory States;\nof it by the Compact\n\nand do all things necessary, proper or convenient in the performance\n\nof its duties thereunder;\n\n(5) Establish and maintain the \"Arkansas-Oklahoma Arkansas River\n\nCompact Fund,\" consisting of any and all funds received by the\n\nCommission under the authority of this Compact and deposited in one\n\nor more banks qualifying for the deposit of public funds of the\n\nsignatory States;\n\n(6) Prepare and submit an annual report to the Governor of each\n\nsignatory state and to the President of the United States covering\n\nthe activities of the Commission for the preceding fiscal year,\n\ntogether with an accounting of all funds received and expended by it\n\nin the conduct of its work;\n\n(7) Prepare and submit to the Governor of each of the States of\n\nArkansas and Oklahoma an annual budget covering the anticipated\n\nexpenses of the Commission for the following fiscal year; and\n\n(8) Make available to the Governor of any state agency of either\n\nstate or to any authorized representative of the United States, upon\n\nrequest, any information within its possession.\n\nARTICLE X\n\nA. The provisions hereof shall remain in full force and effect\n\nuntil changed or amended by unanimous action of the states acting\n\nthrough their Commissioners and until such changes are ratified by\n\nthe legislatures of the respective states and consented to by the\n\nCongress of the United States in the same manner as this Compact is\n\nrequired to be ratified to become effective.\n\nB. This Compact may be terminated at any time by the appro-\n\npriate action of the legislature of both signatory states.\n\nC. In the event of amendment or termination of the Compact, all\n\nrights established under the Compact shall continue unimpaired.\n\nARTICLE XI\n\nNothing in this Compact shall be deemed:\n\nA. To impair or affect the powers, rights or obligations of the\n\nUnited States, or those claiming under its authority in, over and to\n\nthe waters of the Arkansas River Basin;\n\nB. To interfere with or impair the right or power of either\n\nsignatory State to regulate within its boundaries of appropriation,\n\nuse and control of waters within that state not inconsistent with\n\nits obligations under this Compact.\n\nARTICLE XII\n\nIf any part or application of this Compact should be declared\n\ninvalid by a court of competent jurisdiction, all other provisions\n\nand application of this Compact shall remain in full force and\n\neffect.\n\nARTICLE XIII\n\nA. This Compact shall become binding and obligatory when it\n\nshall have been ratified by the legislature of each state and\n\nconsented to by the Congress of the United States, and when the\n\nCongressional Act consenting to this Compact includes the consent of\n\nCongress to name and join the United States as a party in any\n\nlitigation in the United States Supreme Court, if the United States\n\nis an indispensable party, and if the litigation arises out of this\n\nCompact or its application, and if a signatory state is a party\n\nthereto.\n\nB. The States of Arkansas and Oklahoma mutually agree and\n\nconsent to be sued in the United States District Court under the\n\nprovisions of Public Law 87-830 as enacted October 15, 1962, or as\n\nmay be thereafter amended.\n\nC. Notice of ratification by the legislature of each state\n\nshall be given by the Governor of that state to the Governor of the\n\nother state, and to the President of the United States, and the\n\nPresident is hereby requested to give notice to the Governor of each\n\nstate of consent by the Congress of the United States.\n\nARKANSAS RIVER BASIN COMPACT\n\nARKANSAS-OKLAHOMA, 1970\n\nMEMORANDUM OF CORRECTION\n\nThe State of Arkansas and Oklahoma, further acting through their\n\nduly authorized compact representatives, S. Keith Jackson of\n\nArkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this\n\nmemorandum of correction to the Arkansas River Basin Compact\n\nArkansas-Oklahoma, 1970, executed at the City of Little Rock, State\nS RIVER BASIN COMPACT\n\nARKANSAS-OKLAHOMA, 1970\n\nMEMORANDUM OF CORRECTION\n\nThe State of Arkansas and Oklahoma, further acting through their\n\nduly authorized compact representatives, S. Keith Jackson of\n\nArkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this\n\nmemorandum of correction to the Arkansas River Basin Compact\n\nArkansas-Oklahoma, 1970, executed at the City of Little Rock, State\n\nof Arkansas, on the 16th day of March, 1970, as follows:\n\n1. By striking the word \"below\" as it appears in the last\n\nline of Article II (C) and inserting in lieu thereof the\n\nword \"above.\"\n\n2. By striking the word \"of\" as it appears in the first line\n\nof Article IX, (B) (8) and inserting in lieu thereof the\n\nword \"or.\"\n\nIN WITNESS WHEREOF, the authorized representatives have executed\n\nthree counterparts hereof each of which shall be and constitute an\n\noriginal, one of which shall be deposited with the Administrator of\n\nGeneral Services of the United States, and affixed to the original\n\nArkansas River Basin Compact Arkansas-Oklahoma, 1970, there on file,\n\nand one of which shall be forwarded to the Governor of each state\n\nand likewise affixed to said Compact there on file.","path":["OK Code","Title 82"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os82.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"473f7403195de254bcf11e6de4255055d4281fd41236754f24b4e469af1ac1e7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1401","next":"us-ok/okla.-stat.-tit.-82-82-1422"},"notice":"GroundRules: Original legal text. Not legal advice."}