{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1431","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1431","heading":"Approval and ratification - Text of compact","body":"The following Interstate Compact is hereby approved and\n\nratified.\n\nRED RIVER COMPACT\n\nARKANSAS-LOUISIANA-OKLAHOMA-TEXAS, 1978\n\nPREAMBLE\n\nThe States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant\n\nto the acts of their respective Governors or Legislatures, or both,\n\nbeing moved by considerations of interstate comity, have resolved to\n\ncompact with respect to the water of the Red River and its\n\ntributaries. By Act of Congress, Public Law No. 346 (84th Congress,\n\nFirst Session), the consent of the United States has been granted\n\nfor said states to negotiate and enter into a compact providing for\n\nan equitable apportionment of such water; and pursuant to that Act\n\nthe President has designated the representative of the United\n\nStates.\n\nFurther, the consent of Congress has been given for two or more\n\nstates to negotiate and enter into agreements relating to water\n\npollution control by the provisions of the Federal Water Pollution\n\nControl Act (P.L. 92-500, 33 U.S.C. Sections 1251 et seq.).\n\nThe Signatory States acting through their duly authorized\n\nCompact Commissioners, after several years of negotiations, have\n\nagreed to an equitable apportionment of the water of the Red River\n\nand its tributaries and do hereby submit and recommend that this\n\nCompact be adopted by the respective Legislatures and approved by\n\nCongress as hereinafter set forth:\n\nARTICLE I\n\nPURPOSES\n\nSection 1.01 The principal purposes of this Compact are:\n\n(a) To promote interstate comity and remove causes of\n\ncontroversy between each of the affected states by\n\ngoverning the use, control and distribution of the\n\ninterstate water of the Red River and its tributaries;\n\n(b) To provide an equitable apportionment among the\n\nSignatory States of the water of the Red River and its\n\ntributaries;\n\n(c) To promote an active program for the control and\n\nalleviation of natural deterioration and pollution of the\n\nwater of the Red River Basin and to provide for enforcement\n\nof the laws related thereto;\n\n(d) To provide the means for an active program for the\n\nconservation of water, protection of lives and property\n\nfrom floods, improvement of water quality, development of\n\nnavigation and regulation of flows in the Red River Basin;\n\nand\n\n(e) To provide a basis for state or joint state planning\n\nand action by ascertaining and identifying each state's\n\nshare in the interstate water of the Red River Basin and\n\nthe apportionment thereof.\n\nARTICLE II\n\nGENERAL PROVISIONS\n\nSection 2.01 Each Signatory State may use the water allocated\n\nto it by this Compact in any manner deemed beneficial by that state.\n\nEach state may freely administer water rights and uses in accordance\n\nwith the laws of that state, but such uses shall be subject to the\n\navailability of water in accordance with the apportionments made by\n\nthis Compact.\n\nSection 2.02 The use of water by the United States in\n\nconnection with any individual Federal project shall be in\n\naccordance with the Act of Congress authorizing the project and the\n\nwater shall be charged to the state or states receiving the benefit\n\ntherefrom.\n\nSection 2.03 Any Signatory State using the channel of Red River\n\nor its tributaries to convey stored water shall be subject to an\n\nappropriate reduction in the amount which may be withdrawn at the\n\npoint of removal to account for transmission losses.\n\nSection 2.04 The failure of any state to use any portion of the\n\nwater allocated to it shall not constitute relinquishment or\n\nforfeiture of the right to such use.\n\nSection 2.05 Each Signatory State shall have the right to:\n\n(a) Construct conservation storage capacity for the\n\nimpoundment of water allocated by this Compact;\n\n(b) Replace within the same area any storage capacity\n\nrecognized or authorized by this Compact made unusable by\n\nany cause, including losses due to sediment storage;\nnot constitute relinquishment or\n\nforfeiture of the right to such use.\n\nSection 2.05 Each Signatory State shall have the right to:\n\n(a) Construct conservation storage capacity for the\n\nimpoundment of water allocated by this Compact;\n\n(b) Replace within the same area any storage capacity\n\nrecognized or authorized by this Compact made unusable by\n\nany cause, including losses due to sediment storage;\n\n(c) Construct reservoir storage capacity for the purposes\n\nof flood and sediment control as well as storage of water\n\nwhich is either imported or is to be exported if such\n\nstorage does not adversely affect the delivery of water\n\napportioned to any other Signatory State; and\n\n(d) Use the bed and banks of the Red River and its\n\ntributaries to convey stored water, imported or exported\n\nwater, and water apportioned according to this Compact.\n\nSection 2.06 Signatory States may cooperate to obtain\n\nconstruction of facilities of joint benefits to such states.\n\nSection 2.07 Nothing in this Compact shall be deemed to impair\n\nor affect the powers, rights, or obligations of the United States,\n\nor those claiming under its authority, in, over and to water of the\n\nRed River Basin.\n\nSection 2.08 Nothing in this Compact shall be construed to\n\ninclude within the water apportioned by this Compact any water\n\nconsumed in each state by livestock or for domestic purposes;\n\nprovided, however, the storage of such water is in accordance with\n\nthe laws of the respective states but any such impoundment shall not\n\nexceed 200 acre-feet, or such smaller quantity as may be provided\n\nfor by the laws of each state.\n\nSection 2.09 In the event any state shall import water into the\n\nRed River Basin from any other river basin, the Signatory State\n\nmaking the importation shall have the use of such imported water.\n\nSection 2.10 Nothing in this Compact shall be deemed to:\n\n(a) Interfere with or impair the right or power of any\n\nSignatory State to regulate within its boundaries the\n\nappropriation, use, and control of water, or quality of\n\nwater, not inconsistent with its obligations under this\n\nCompact;\n\n(b) Repeal or prevent the enactment of any legislation or\n\nthe enforcement of any requirement by any Signatory State\n\nimposing any additional conditions or restrictions to\n\nfurther lessen or prevent the pollution or natural\n\ndeterioration of water within its jurisdiction; provided\n\nnothing contained in this paragraph shall alter any\n\nprovisions of this Compact dealing with the apportionment\n\nof water or the rights thereto; or\n\n(c) Waive any state's immunity under the Eleventh Amendment\n\nof the Constitution of the United States, or as\n\nconstituting the consent of any state to be sued by its own\n\ncitizens.\n\nSection 2.11 Accounting for apportionment purposes on\n\ninterstate streams shall not be mandatory under the terms of the\n\nCompact until one or more affected states deem the accounting\n\nnecessary.\n\nSection 2.12 For the purposes of apportionment of the water\n\namong the Signatory States, the Red River is hereby divided into the\n\nfollowing major subdivisions:\n\n(a) Reach I - the Red River and tributaries from the New\n\nMexico-Texas state boundary to Denison Dam;\n\n(b) Reach II - the Red River from Denison Dam to the point\n\nwhere it crosses the Arkansas-Louisiana state boundary and\n\nall tributaries which contribute to the flow of the River\n\nwithin this reach;\n\n(c) Reach III - the tributaries west of the Red River which\n\ncross the Texas-Louisiana state boundary, the Arkansas-\n\nLouisiana state boundary, and those which cross both the\n\nTexas-Arkansas state boundary and the Arkansas-Louisiana\n\nstate boundary;\n\n(d) Reach IV - the tributaries east of the Red River in\n\nArkansas which cross the Arkansas-Louisiana state boundary;\n\nand\nRiver\n\nwithin this reach;\n\n(c) Reach III - the tributaries west of the Red River which\n\ncross the Texas-Louisiana state boundary, the Arkansas-\n\nLouisiana state boundary, and those which cross both the\n\nTexas-Arkansas state boundary and the Arkansas-Louisiana\n\nstate boundary;\n\n(d) Reach IV - the tributaries east of the Red River in\n\nArkansas which cross the Arkansas-Louisiana state boundary;\n\nand\n\n(e) Reach V - that portion of the Red River and tributaries\n\nin Louisiana not included in Reach III or in Reach IV.\n\nSection 2.13 If any part or application of this Compact shall\n\nbe declared invalid by a court of competent jurisdiction, all other\n\nseverable provisions and applications of this Compact shall remain\n\nin full force and effect.\n\nSection 2.14 Subject to the availability of water in accordance\n\nwith this Compact, nothing in this Compact shall be held or\n\nconstrued to alter, impair, or increase, validate, or prejudice any\n\nexisting water right or right of water use that is legally\n\nrecognized on the effective date of this Compact by either statutes\n\nor courts of the Signatory State within which it is located.\n\nARTICLE III\n\nDEFINITIONS\n\nSection 3.01 In this Compact:\n\n(a) The States of Arkansas, Louisiana, Oklahoma, and Texas\n\nare referred to as \"Arkansas\", \"Louisiana\", \"Oklahoma\", and\n\n\"Texas\", respectively, or individually as \"State\" or\n\n\"Signatory State\", collectively as \"States\" or \"Signatory\n\nStates.\"\n\n(b) The term \"Red River\" means the stream below the\n\ncrossing of the Texas-Oklahoma state boundary at longitude\n\n100 degrees west.\n\n(c) The term \"Red River Basin\" means all of the natural\n\ndrainage area of the Red River and its tributaries east of\n\nthe New Mexico-Texas state boundary and above its junction\n\nwith Atchafalaya and Old Rivers.\n\n(d) The term \"water of the Red River Basin\" means the water\n\noriginating in any part of the Red River Basin and flowing\n\nto or in the Red River or any of its tributaries.\n\n(e) The term \"tributary\" means any stream which contributes\n\nto the flow of the Red River.\n\n(f) The term \"interstate tributary\" means a tributary of\n\nthe Red River, the drainage area of which includes portions\n\nof two (2) or more Signatory States.\n\n(g) The term \"intrastate tributary\" means a tributary of\n\nthe Red River, the drainage area of which is entirely\n\nwithin a single Signatory State.\n\n(h) The term \"Commission\" means the agency created by\n\nArticle IX of this Compact for the administration thereof.\n\n(i) The term \"pollution\" means the alteration of the\n\nphysical, chemical, or biological characteristics of water\n\nby the acts or instrumentalities of man which create or are\n\nlikely to result in a material and adverse effect upon\n\nhuman beings, domestic or wild animals, fish and other\n\naquatic life, or adversely affect any other lawful use of\n\nsuch water; provided, that for the purposes of this\n\nCompact, \"pollution\" shall not mean or include \"natural\n\ndeterioration.\"\n\n(j) The term \"natural deterioration\" means the material\n\nreduction in the quality of water resulting from the\n\nleaching of solubles from the soils and rocks through or\n\nover which the water flows naturally.\n\n(k) The term \"designated water\" means water released from\n\nstorage, paid for by non-Federal interests, for delivery to\n\na specific point of use or diversion.\n\n(l) The term \"undesignated water\" means all water released\n\nfrom storage other than \"designated water.\"\n\n(m) The term \"conservation storage capacity\" means that\n\nportion of the active capacity of reservoirs available for\n\nthe storage of water for subsequent beneficial use, and it\n\nexcludes any portion of the capacity of reservoirs\n\nallocated solely to flood control and sediment control, or\n\neither of them.\nerm \"undesignated water\" means all water released\n\nfrom storage other than \"designated water.\"\n\n(m) The term \"conservation storage capacity\" means that\n\nportion of the active capacity of reservoirs available for\n\nthe storage of water for subsequent beneficial use, and it\n\nexcludes any portion of the capacity of reservoirs\n\nallocated solely to flood control and sediment control, or\n\neither of them.\n\n(n) The term \"runoff\" means both the portion of\n\nprecipitation which runs off the surface of a drainage area\n\nand that portion of the precipitation that enters the\n\nstreams after passing through the portions of the earth.\n\nARTICLE IV\n\nAPPORTIONMENT OF WATER - REACH I\n\nOKLAHOMA - TEXAS\n\nSubdivision of Reach I and apportionment of water therein.\n\nReach I of the Red River is divided into topographical subbasins,\n\nwith the water therein allocated as follows:\n\nSection 4.01 Subbasin 1- Interstate streams - Texas.\n\n(a) This includes the Texas portion of Buck Creek, Sand\n\n(Lebos) Creek, Salt Fork Red River, Elm Creek, North Fork\n\nRed River, Sweetwater Creek, and Washita River, together\n\nwith all their tributaries in Texas which lie west of the\n\n100th Meridian.\n\n(b) The annual flow within this subbasin is hereby\n\napportioned sixty percent (60%) to Texas and forty percent\n\n(40%) to Oklahoma.\n\nSection 4.02 Subbasin 2 - Intrastate and interstate streams -\n\nOklahoma.\n\n(a) This subbasin is composed of all tributaries of the Red\n\nRiver in Oklahoma and portions thereof upstream to the\n\nTexas-Oklahoma state boundary at longitude one hundred\n\ndegrees west, beginning from Denison Dam and upstream to\n\nand including Buck Creek.\n\n(b) The State of Oklahoma shall have free and unrestricted\n\nuse of the water of this subbasin.\n\nSection 4.03 Subbasin 3 - Intrastate streams - Texas.\n\n(a) This includes the tributaries of the Red River in\n\nTexas, beginning from Denison Dam and upstream to and\n\nincluding Prairie Dog Town Fork Red River.\n\n(b) The State of Texas shall have free and unrestricted use\n\nof the water in this subbasin.\n\nSection 4.04 Subbasin 4 - Main stem of the Red River and Lake\n\nTexoma.\n\n(a) This subbasin includes all of Lake Texoma and the Red\n\nRiver beginning at Denison Dam and continuing upstream to\n\nthe Texas-Oklahoma state boundary at longitude one hundred\n\ndegrees west.\n\n(b) The storage of Lake Texoma and flow from the main stem\n\nof the Red River into Lake Texoma is apportioned as\n\nfollows:\n\n(1) Oklahoma 200,000 acre-feet and Texas 200,000 acre-feet,\n\nwhich quantities shall include existing allocations and\n\nuses; and\n\n(2) Additional quantities in a ratio of fifty percent (50%)\n\nto Oklahoma and fifty percent (50%) to Texas.\n\nSection 4.05 Special Provisions.\n\n(a) Texas and Oklahoma may construct, jointly or in\n\ncooperation with the United States, storage or other\n\nfacilities for the conservation and use of water; provided\n\nthat any facilities constructed on the Red River boundary\n\nbetween the two states shall not be inconsistent with the\n\nFederal legislation authorizing Denison Dam and Reservoir\n\nproject.\n%) to Texas.\n\nSection 4.05 Special Provisions.\n\n(a) Texas and Oklahoma may construct, jointly or in\n\ncooperation with the United States, storage or other\n\nfacilities for the conservation and use of water; provided\n\nthat any facilities constructed on the Red River boundary\n\nbetween the two states shall not be inconsistent with the\n\nFederal legislation authorizing Denison Dam and Reservoir\n\nproject.\n\n(b) Texas shall not accept for filing, or grant a permit,\n\nfor the construction of a dam to impound water solely for\n\nirrigation, flood control, soil conservation, mining and\n\nrecovery of minerals, hydroelectric power, navigation,\n\nrecreation and pleasure, or for any other purpose other\n\nthan for domestic, municipal, and industrial water supply,\n\non the main stem of the North Fork Red River or any of its\n\ntributaries within Texas above Lugert-Altus Reservoir until\n\nthe date that imported water sufficient to meet the\n\nmunicipal and irrigation needs of Western Oklahoma is\n\nprovided, or until January 1, 2000, whichever occurs first.\n\nARTICLE V\n\nAPPORTIONMENT OF WATER - REACH II\n\nARKANSAS, OKLAHOMA, TEXAS AND LOUISIANA\n\nSubdivision of Reach II and allocation of water therein. Reach\n\nII of the Red River is divided into topographic subbasins, and the\n\nwater therein is allocated as follows:\n\nSection 5.01 Subbasin 1 - Intrastate streams - Oklahoma.\n\n(a) This subbasin includes those streams and their\n\ntributaries above existing, authorized or proposed last\n\ndownstream major damsites, wholly in Oklahoma and flowing\n\ninto Red River below Denison Dam and above the Oklahoma-\n\nArkansas state boundary. These streams and their\n\ntributaries with existing, authorized or proposed last\n\ndownstream major damsites are as follows:\n\nLocation\n\nStream Site Ac-ft Latitude\n\nLongitude\n\nIsland-Bayou Albany 85,200 33°51.5'N\n\n96°11.4'W\n\nBlue River Durant 147,000 33°55.5'N\n\n96°04.2'W\n\nBoggy River Boswell 1,243,800 34°01.6'N\n\n95°45.0'W\n\nKiamichi River Hugo 240,700 34°01.0'N\n\n95°22.6'W\n\n(b) Oklahoma is apportioned the water of this subbasin and\n\nshall have unrestricted use thereof.\n\nSection 5.02 Subbasin 2 - Intrastate streams - Texas.\n\n(a) This subbasin includes those streams and their\n\ntributaries above existing authorized or proposed last\n\ndownstream major damsites, wholly in Texas and flowing into\n\nRed River below Denison Dam and above the Texas-Arkansas\n\nstate boundary. These streams and their tributaries with\n\nexisting, authorized or proposed last downstream major\n\ndamsites are as follows:\n\nLocation\n\nStream Site Ac-ft Latitude\n\nLongitude\n\nShawnee Creek Randall Lake 5,400 33°48.1'N\n\n96°34.8'W\n\nBrushy Creek Valley Lake 15,000 33°38.7'N\n\n96°21.5'W\n\nNew Bonham\n\nBois d'Arc Creek Reservoir 130,600 33°42.9'N\n\n95°58.2'W\n\nCoffee Mill Creek Coffee Mill Lake 8,000 33°44.1'N\n\n95°58.0'W\n\nSandy Creek Lake Crockett 3,900 33°44.5'N\n\n95°55.5'W\n\nSanders Creek Pat Mayse 124,500 33°51.2'N\n\n95°32.9'W\n\nPine Creek Lake Crook 11,011 33°43.7'N\n\n95°34.0'W\n\nBig Pine Creek Big Pine Lake 138,600 33°52.0'N\n\n95°11.7'W\n\nPecan Bayou Pecan Bayou 625,000 33°41.1'N\n\n94°58.7'W\n\nMud Creek Liberty Hill 97,700 33°33.0'N\n\n94°29.3'W\n\nKVW Ranch\n\nMud Creek Lakes(3) 3,440 33°34.8'N\n\n94°27.3'W\n\n(b) Texas is apportioned the water of this subbasin and\n\nshall have unrestricted use thereof.\n\nSection 5.03 Subbasin 3 - Interstate Streams - Oklahoma and\n\nArkansas.\n\n(a) This subbasin includes Little River and its tributaries\n\nabove Millwood Dam.\nPecan Bayou 625,000 33°41.1'N\n\n94°58.7'W\n\nMud Creek Liberty Hill 97,700 33°33.0'N\n\n94°29.3'W\n\nKVW Ranch\n\nMud Creek Lakes(3) 3,440 33°34.8'N\n\n94°27.3'W\n\n(b) Texas is apportioned the water of this subbasin and\n\nshall have unrestricted use thereof.\n\nSection 5.03 Subbasin 3 - Interstate Streams - Oklahoma and\n\nArkansas.\n\n(a) This subbasin includes Little River and its tributaries\n\nabove Millwood Dam.\n\n(b) The States of Oklahoma and Arkansas shall have free and\n\nunrestricted use of the water of this subbasin within their\n\nrespective states, subject, however, to the limitation that\n\nOklahoma shall allow a quantity of water equal to forty\n\npercent (40%) of the total runoff originating below the\n\nfollowing existing, authorized or proposed last downstream\n\nmajor damsites in Oklahoma to flow into Arkansas:\n\nLocation\n\nStream Site Ac-ft Latitude\n\nLongitude\n\nLittle River Pine Creek 70,500 34°06.8'N\n\n95°04.9'W\n\nGlover Creek Lukfata 258,600 34°08.5'N\n\n94°55.4'W\n\nMountain Fork\n\nRiver Broken Bow 470,100 34°08.9'N\n\n94°41.2'W\n\n(c) Accounting will be on an annual basis unless otherwise\n\ndeemed necessary by the States of Arkansas and Oklahoma.\n\nSection 5.04 Subbasin 4 - Interstate streams - Texas and\n\nArkansas.\n\n(a) This subbasin shall consist of those streams and their\n\ntributaries above existing, authorized or proposed last\n\ndownstream major damsites, originating in Texas and\n\ncrossing the Texas-Arkansas state boundary before flowing\n\ninto the Red River in Arkansas. These streams and their\n\ntributaries with existing, authorized or proposed last\n\ndownstream major damsites are as follows:\n\nLocation\n\nStream Site Ac-ft Latitude\n\nLongitude\n\nMcKinney\n\nBayou Trib. Bringle Lake 3,052 33°30.6'N\n\n94°06.2'W\n\nBarkman\n\nBarkman Creek Reservoir 15,900 33°29.7'N\n\n94°10.3'W\n\nSulphur River Texarkana 386,900 33°18.3'N\n\n94°09.6'W\n\n(b) The State of Texas shall have the free and unrestricted\n\nuse of the water of this subbasin.\n\nSection 5.05 Subbasin 5 - Main stem of the Red River and\n\ntributaries.\n\n(a) This subbasin includes that portion of the Red River,\n\ntogether with its tributaries, from Denison Dam down to the\n\nArkansas-Louisiana state boundary, excluding all\n\ntributaries included in the other four subbasins of Reach\n\nII.\n\n(b) Water within this subbasin is allocated as follows:\n\n(1) The Signatory States shall have equal rights to the use\n\nof runoff originating in subbasin 5 and undesignated water\n\nflowing into subbasin 5, so long as the flow of the Red\n\nRiver at the Arkansas-Louisiana state boundary is 3,000\n\ncubic feet per second or more, provided no state is\n\nentitled to more than twenty-five percent (25%) of the\n\nwater in excess of 3,000 cubic feet per second.\n\n(2) Whenever the flow of the Red River at the Arkansas-\n\nLouisiana state boundary is less than 3,000 cubic feet per\n\nsecond, but more than 1,000 cubic feet per second, the\n\nStates of Arkansas, Oklahoma, and Texas shall allow to flow\n\ninto the Red River for delivery to the State of Louisiana a\n\nquantity of water equal to forty percent (40%) of the total\n\nweekly runoff originating in subbasin 5 and forty percent\n\n(40%) of undesignated water flowing into subbasin 5;\n\nprovided, however, that this requirement shall not be\n\ninterpreted to require any state to release stored water.\n\n(3) Whenever the flow of the Red River at the Arkansas-\n\nLouisiana state boundary falls below 1,000 cubic feet per\n\nsecond, the States of Arkansas, Oklahoma, and Texas shall\n\nallow a quantity of water equal to all the weekly runoff\n\noriginating in subbasin 5 and all undesignated water\n\nflowing into subbasin 5 within their respective states to\n\nflow into the Red River as required to maintain a 1,000\n\ncubic foot per second flow at the Arkansas-Louisiana state\n\nboundary.\nTitle 82. Waters and Water Rights Page 370\n\nsecond, the States of Arkansas, Oklahoma, and Texas shall\n\nallow a quantity of water equal to all the weekly runoff\n\noriginating in subbasin 5 and all undesignated water\n\nflowing into subbasin 5 within their respective states to\n\nflow into the Red River as required to maintain a 1,000\n\ncubic foot per second flow at the Arkansas-Louisiana state\n\nboundary.\n\n(c) Whenever the flow at Index, Arkansas, is less than 526\n\ncfs, the States of Oklahoma and Texas shall each allow a\n\nquantity of water equal to forty percent (40%) of the total\n\nweekly runoff originating in subbasin 5 within their\n\nrespective states to flow into the Red River; provided\n\nhowever, this provision shall be invoked only at the\n\nrequest of Arkansas, only after Arkansas has ceased all\n\ndiversions from the Red River itself in Arkansas above\n\nIndex, and only if the provisions of subsections 5.05 (b)\n\n(2) and (3) have not caused a limitation of diversions in\n\nsubbasin 5.\n\n(d) No state guarantees to maintain a minimum low flow to a\n\ndownstream state.\n\nSection 5.06 Special Provisions.\n\n(a) Reservoirs within the limits of Reach II, subbasin 5,\n\nwith a conservation storage capacity of 1,000 acre-feet or\n\nless in existence or authorized on the date of the Compact\n\npursuant to the rights and privileges granted by a\n\nSignatory State authorizing such reservoirs, shall be\n\nexempt from the provisions of Section 5.05; provided, if\n\nany right to store water in, or use water from, an existing\n\nexempt reservoir expires or is cancelled after the\n\neffective date of the Compact the exemption for such rights\n\nprovided by this section shall be lost.\n\n(b) A Signatory State may authorize a change in the purpose\n\nor place of use of water from a reservoir exempted by\n\nsubparagraph (a) of this section without losing that\n\nexemption, if the quantity of authorized use and storage is\n\nnot increased.\n\n(c) Additionally, exemptions from the provisions of Section\n\n5.05 shall not apply to direct diversions from Red River to\n\noff-channel reservoirs or lands.\n\nARTICLE VI\n\nAPPORTIONMENT OF WATER - REACH III\n\nARKANSAS, LOUISIANA, AND TEXAS\n\nSubdivision of Reach III and allocation of water therein. Reach\n\nIII of the Red River is divided into topographic subbasins, and the\n\nwater therein allocated, as follows:\n\nSection 6.01 Subbasin 1 - Interstate streams - Arkansas and\n\nTexas.\n\n(a) This subbasin includes the Texas portion of those\n\nstreams crossing the Arkansas-Texas state boundary one or\n\nmore times and flowing through Arkansas into Cypress Creek-\n\nTwelve Mile Bayou watershed in Louisiana.\n\n(b) Texas is apportioned sixty percent (60%) of the runoff\n\nof this subbasin and shall have unrestricted use thereof;\n\nArkansas is entitled to forty percent (40%) of the runoff\n\nof this subbasin.\n\nSection 6.02 Subbasin 2 - Interstate streams - Arkansas and\n\nLouisiana.\n\n(a) This subbasin includes the Arkansas portion of those\n\nstreams flowing from subbasin 1 into Arkansas, as well as\n\nother streams in Arkansas which cross the Arkansas-\n\nLouisiana state boundary one or more times and flow into\n\nCypress Creek-Twelve Mile Bayou watershed in Louisiana.\n\n(b) Arkansas is apportioned sixty percent (60%) of the\n\nrunoff of this subbasin and shall have unrestricted use\n\nthereof; Louisiana is entitled to forty percent (40%) of\n\nthe runoff of this subbasin.\n\nSection 6.03 Subbasin 3 - Interstate streams - Texas and\n\nLouisiana.\n\n(a) This subbasin includes the Texas portion of all\n\ntributaries crossing the Texas-Louisiana state boundary one\n\nor more times and flowing into Caddo Lake, Cypress Creek-\n\nTwelve Mile Bayou or Cross Lake, as well as the Louisiana\n\nportion of such tributaries.\nis entitled to forty percent (40%) of\n\nthe runoff of this subbasin.\n\nSection 6.03 Subbasin 3 - Interstate streams - Texas and\n\nLouisiana.\n\n(a) This subbasin includes the Texas portion of all\n\ntributaries crossing the Texas-Louisiana state boundary one\n\nor more times and flowing into Caddo Lake, Cypress Creek-\n\nTwelve Mile Bayou or Cross Lake, as well as the Louisiana\n\nportion of such tributaries.\n\n(b) Texas and Louisiana within their respective boundaries\n\nshall each have the unrestricted use of the water of this\n\nsubbasin subject to the following allocation:\n\n(1) Texas shall have the unrestricted right to all water\n\nabove Marshall, Lake O' the Pines, and Black Cypress\n\ndamsites; however, Texas shall not cause runoff to be\n\ndepleted to a quantity less than that which would have\n\noccurred with the full operation of Franklin County, Titus\n\nCounty, Ellison Creek, Johnson Creek, Lake O' the Pines,\n\nMarshall, and Black Cypress Reservoirs constructed, and\n\nthose other impoundments and diversions existing on the\n\neffective date of this Compact. Any depletions of runoff\n\nin excess of the depletions described above shall be\n\ncharged against Texas' apportionment of the water in Caddo\n\nReservoir. (2) Texas and Louisiana shall each have the\n\nunrestricted right to use fifty percent (50%) of the\n\nconservation storage capacity in the present Caddo Lake for\n\nthe impoundment of water for state use, subject to the\n\nprovision that supplies for existing uses of water from\n\nCaddo Lake, on date of Compact, are not reduced.\n\n(3) Texas and Louisiana shall each have the unrestricted\n\nright to fifty percent (50%) of the conservation storage\n\ncapacity of any future enlargement of Caddo Lake, provided,\n\nthe two states may negotiate for the release of each\n\nstate's share of the storage space on terms mutually agreed\n\nupon by the two states after the effective date of this\n\nCompact.\n\n(4) Inflow to Caddo Lake from its drainage area downstream\n\nfrom Marshall, Lake O' the Pines, and Black Cypress\n\ndamsites and downstream from other last downstream dams in\n\nexistence on the date of the signing of the Compact\n\ndocument by the Compact Commissioners, will be allowed to\n\ncontinue flowing into Caddo Lake except that any man-made\n\ndepletions to this inflow by Texas will be subtracted from\n\nthe Texas share of the water in Caddo Lake.\n\n(c) In regard to the water of interstate streams which do\n\nnot contribute to the inflow to Cross Lake or Caddo Lake,\n\nTexas shall have the unrestricted right to divert and use\n\nthis water on the basis of a division of runoff above the\n\nstate boundary of sixty percent (60%) to Texas and forty\n\npercent (40%) to Louisiana.\n\n(d) Texas and Louisiana will not construct improvements on\n\nthe Cross Lake Watershed in either state that will affect\n\nthe yield of Cross Lake; provided, however, this subsection\n\nshall be subject to the provisions of Section 2.08.\n\nSection 6.04 Subbasin 4 - Intrastate streams - Louisiana.\n\n(a) This subbasin includes that area of Louisiana in Reach\n\nIII not included within any other subbasin.\n\n(b) Louisiana shall have free and unrestricted use of the\n\nwater of this subbasin.\n\nARTICLE VII\n\nAPPORTIONMENT OF WATER - REACH IV ARKANSAS AND LOUISIANA\n\nSubdivision of Reach IV and allocation of water therein. Reach\n\nIV of the Red River is divided into topographic subbasins, and the\n\nwater therein allocated as follows:\n\nSection 7.01 Subbasin 1 - Intrastate streams - Arkansas.\nny other subbasin.\n\n(b) Louisiana shall have free and unrestricted use of the\n\nwater of this subbasin.\n\nARTICLE VII\n\nAPPORTIONMENT OF WATER - REACH IV ARKANSAS AND LOUISIANA\n\nSubdivision of Reach IV and allocation of water therein. Reach\n\nIV of the Red River is divided into topographic subbasins, and the\n\nwater therein allocated as follows:\n\nSection 7.01 Subbasin 1 - Intrastate streams - Arkansas.\n\n(a) This subbasin includes those streams and their\n\ntributaries above last downstream major damsites\n\noriginating in Arkansas and crossing the Arkansas-Louisiana\n\nstate boundary before flowing into the Red River in\n\nLouisiana. Those major last downstream damsites are as\n\nfollows:\n\nLocation\n\nStream Site Ac-ft Latitude\n\nLongitude\n\nOuachita River Lake Catherine 19,000 34°26.6'N\n\n93°01.6'W\n\nCaddo River DeGray Lake 1,377,000 34°13.2'N\n\n93°06.6'W\n\nLittle Missouri\n\nRiver Lake Greeson 600,000 34°08.9'N\n\n93°42.9'W\n\nAlum Fork,\n\nSaline River Lake Winona 63,264 32°47.8'N\n\n92°51.0'W\n\n(b) Arkansas is apportioned the waters of this subbasin and\n\nshall have unrestricted use thereof.\n\nSection 7.02 Subbasin 2 - Interstate Streams - Arkansas and\n\nLouisiana.\n\n(a) This subbasin shall consist of Reach IV less subbasin 1\n\nas defined in Section 7.01 (a) above.\n\n(b) The State of Arkansas shall have free and unrestricted\n\nuse of the water of this reach subject to the limitation\n\nthat Arkansas shall allow a quantity of water equal to\n\nforty percent (40%) of the weekly runoff originating below\n\nor flowing from the last downstream major damsite to flow\n\ninto Louisiana. Where there are no designated last\n\ndownstream damsites, Arkansas shall allow a quantity of\n\nwater equal to forty percent (40%) of the total weekly\n\nrunoff originating above the state boundary to flow into\n\nLouisiana. Use of water in this subbasin is subject to low\n\nflow provisions of subparagraph 7.03 (b).\n\nSection 7.03 Special Provisions.\n\n(a) Arkansas may use the beds and banks of segments of\n\nReach IV for the purpose of conveying its share of water to\n\ndesignated downstream diversions.\n\n(b) The State of Arkansas does not guarantee to maintain a\n\nminimum low flow for Louisiana in Reach IV. However, on\n\nthe following streams when the use of water in Arkansas\n\nreduces the flow at the Arkansas-Louisiana state boundary\n\nto the following amounts:\n\n(1) Ouachita - 780 cfs\n\n(2) Bayou Bartholomew - 80 cfs\n\n(3) Boeuf River - 40 cfs\n\n(4) Bayou Macon - 40 cfs\n\nthe State of Arkansas pledges to take affirmative steps to\n\nregulate the diversions of runoff originating or flowing\n\ninto Reach IV in such a manner as to permit an equitable\n\napportionment of the runoff as set out herein to flow into\n\nthe State of Louisiana. In its control and regulation of\n\nthe water of Reach IV any adjudication or order rendered by\n\nthe State of Arkansas or any of its instrumentalities or\n\nagencies affecting the terms of this Compact shall not be\n\neffective against the State of Louisiana nor any of its\n\ncitizens or inhabitants until approved by the Commission.\n\nARTICLE VIII\n\nAPPORTIONMENT OF WATER - REACH V\n\nSection 8.01 Reach V of the Red River consists of the main stem\n\nRed River and all of its tributaries lying wholly within the State\n\nof Louisiana. The State of Louisiana shall have free and\n\nunrestricted use of the water of this subbasin.\n\nARTICLE IX\n\nADMINISTRATION OF THE COMPACT\n\nSection 9.01 There is hereby created an interstate\n\nadministrative agency to be known as the \"Red River Compact\n\nCommission\", hereinafter called the \"Commission\". The Commission\n\nshall be composed of two representatives from each Signatory State\n\nwho shall be designated or appointed in accordance with the laws of\n\neach state, and one Commissioner representing the United States, who\n\nshall be appointed by the President. The Federal Commissioner shall\n\nbe the Chairman of the Commission but shall not have the right to\nion\", hereinafter called the \"Commission\". The Commission\n\nshall be composed of two representatives from each Signatory State\n\nwho shall be designated or appointed in accordance with the laws of\n\neach state, and one Commissioner representing the United States, who\n\nshall be appointed by the President. The Federal Commissioner shall\n\nbe the Chairman of the Commission but shall not have the right to\n\nvote. The failure of the President to appoint a Federal\n\nCommissioner will not prevent the operation or effect of this\n\nCompact, and the eight representatives from the Signatory States\n\nwill elect a Chairman for the Commission.\n\nSection 9.02 The Commission shall meet and organize within\n\nsixty (60) days after the effective date of this Compact.\n\nThereafter, meetings shall be held at such times and places as the\n\nCommission shall decide.\n\nSection 9.03 Each of the two Commissioners from each state\n\nshall have one vote; provided, however, that if only one\n\nrepresentative from a state attends he is authorized to vote on\n\nbehalf of the absent Commissioner from that state. Representatives\n\nfrom three states shall constitute a quorum. Any action concerned\n\nwith administration of this Compact or any action requiring\n\ncompliance with specific terms of this Compact shall require six\n\nconcurring votes. If a proposed action of the Commission affects\n\nexisting water rights in a state, and that action is not expressly\n\nprovided for in this Compact, eight concurring votes shall be\n\nrequired.\n\nSection 9.04 (a) The salaries and personal expenses of each\n\nstate's representative shall be paid by the government that\n\nit represents, and the salaries and personal expenses of\n\nthe Federal Commissioner will be paid for by the United\n\nStates.\n\n(b) The Commission's expenses for any additional stream\n\nflow gauging stations shall be equitably apportioned among\n\nthe states involved in the reach in which the stream flow\n\ngauging stations are located.\n\n(c) All other expenses incurred by the Commission shall be\n\nborne equally by the Signatory States and shall be paid by\n\nthe Commission out of the \"Red River Compact Commission\n\nFund\". Such fund shall be initiated and maintained by\n\nequal payments of each state into the fund. Disbursement\n\nshall be made from the fund in such manner as may be\n\nauthorized by the Commission. Such fund shall not be\n\nsubject to audit and accounting procedures of the state;\n\nhowever, all receipts and disbursements of the fund by the\n\nCommission shall be audited by a qualified independent\n\npublic accountant at regular intervals, and the report of\n\nsuch audits shall be included in and become a part of the\n\nannual report of the Commission. Each state shall have the\n\nright to make its own audit of the accounts of the\n\nCommission at any reasonable time.\n\nARTICLE X\n\nPOWERS AND DUTIES OF THE COMMISSION\n\nSection 10.01 The Commission shall have the power to:\n\n(a) Adopt rules and regulations governing its operation and\n\nenforcement of the terms of the Compact;\n\n(b) Establish and maintain an office for the conduct of its\n\naffairs and, if desirable, from time to time, change its\n\nlocation;\n\n(c) Employ or contract with such engineering, legal,\n\nclerical and other personnel as it may determine necessary\n\nfor the exercise of its functions under this Compact\n\nwithout regard to the Civil Service Laws of any Signatory\n\nState; provided that such employees shall be paid by and be\n\nresponsible to the Commission and shall not be considered\n\nemployees of any Signatory State;\n\n(d) Acquire, use and dispose of such real and personal\n\nproperty as it may consider necessary;\n\n(e) Enter into contracts with appropriate state or Federal\n\nagencies for the collection, correlation and presentation\n\nof factual data, for the maintenance of records and for the\n\npreparation of reports;\nnd be\n\nresponsible to the Commission and shall not be considered\n\nemployees of any Signatory State;\n\n(d) Acquire, use and dispose of such real and personal\n\nproperty as it may consider necessary;\n\n(e) Enter into contracts with appropriate state or Federal\n\nagencies for the collection, correlation and presentation\n\nof factual data, for the maintenance of records and for the\n\npreparation of reports;\n\n(f) Secure from the head of any department or agency of the\n\nFederal or state government such information as it may need\n\nor deem to be useful for carrying out its functions and as\n\nmay be available to or procurable by the department or\n\nagency to which the request is addressed; provided such\n\ninformation is not privileged and the department or agency\n\nis not precluded by law from releasing same.\n\n(g) Make findings, recommendations or reports in connection\n\nwith carrying out the purposes of this Compact, including,\n\nbut not limited to, a finding that a Signatory State is or\n\nis not in violation of any of the provisions of this\n\nCompact. The Commission is authorized to make such\n\ninvestigations and studies, and to hold such hearings as it\n\nmay deem necessary for said purposes. It is authorized to\n\nmake and file official certified copies of any of its\n\nfindings, recommendations or reports with such officers or\n\nagencies of any Signatory State, or the United States, as\n\nmay have any interest in or jurisdiction over the subject\n\nmatter. The making of findings, recommendations, or\n\nreports by the Commission shall not be a condition\n\nprecedent to the instituting or maintaining of any action\n\nor proceeding of any kind by a Signatory State in any court\n\nor tribunal, or before any agency or officer, for the\n\nprotection of any right under this Compact or for the\n\nenforcement of any of its provisions; and\n\n(h) Print or otherwise reproduce and distribute its\n\nproceedings and reports.\n\nSection 10.02 The Commission shall:\n\n(a) Cause to be established, maintained, and operated such\n\nstream, reservoir and other gauging stations as are\n\nnecessary for the proper administration of the Compact;\n\n(b) Cause to be collected, analyzed and reported such\n\ninformation on stream flows, water quality, water storage\n\nand such other data as are necessary for the proper\n\nadministration of the Compact;\n\n(c) Perform all other functions required of it by the\n\nCompact and do all things necessary, proper and convenient\n\nin the performance of its duties thereunder;\n\n(d) Prepare and submit to the Governor of each of the\n\nSignatory States a budget covering the anticipated expenses\n\nof the Commission for the following fiscal biennium;\n\n(e) Prepare and submit an annual report to the Governor of\n\neach Signatory State and to the President of the United\n\nStates covering the activities of the Commission for the\n\npreceding fiscal year, together with an accounting of all\n\nfunds received and expended by it in the conduct of its\n\nwork;\n\n(f) Make available to the Governor or to any official\n\nagency of a Signatory State or to any authorized\n\nrepresentative of the United States, upon request, any\n\ninformation within its possession;\n\n(g) Not incur any obligation in excess of the unencumbered\n\nbalance of its funds, nor pledge the credit of any of the\n\nSignatory States; and\nunds received and expended by it in the conduct of its\n\nwork;\n\n(f) Make available to the Governor or to any official\n\nagency of a Signatory State or to any authorized\n\nrepresentative of the United States, upon request, any\n\ninformation within its possession;\n\n(g) Not incur any obligation in excess of the unencumbered\n\nbalance of its funds, nor pledge the credit of any of the\n\nSignatory States; and\n\n(h) Make available to a Signatory State or the United\n\nStates in any action arising under this Compact, without\n\nsubpoena, the testimony of any officer or employee of the\n\nCommission having knowledge of any relevant facts.\n\nARTICLE XI\n\nPOLLUTION\n\nSection 11.01 The Signatory States recognize that the increase\n\nin population and the growth of industrial, agricultural, mining and\n\nother activities combined with natural pollution sources may lead to\n\na diminution of the quality of water in the Red River Basin which\n\nmay render the water harmful or injurious to the health and welfare\n\nof the people and impair the usefulness or public enjoyment of the\n\nwater for beneficial purposes, thereby resulting in adverse social,\n\neconomic, and environmental impacts.\n\nSection 11.02 Although affirming the primary duty and\n\nresponsibility of each Signatory State to take appropriate action\n\nunder its own laws to prevent, diminish, and regulate all pollution\n\nsources within its boundaries which adversely affect the water of\n\nthe Red River Basin, the states recognize that the control and\n\nabatement of the naturally-occurring salinity sources as well as,\n\nunder certain circumstances, the maintenance and enhancement of the\n\nquality of water in the Red River Basin may require the cooperative\n\naction of all states.\n\nSection 11.03 The Signatory States agree to cooperate with\n\nagencies of the United States to devise and effectuate means of\n\nalleviating the natural deterioration of the water of the Red River\n\nBasin.\n\nSection 11.04 The Commission shall have the power to cooperate\n\nwith the United States, the Signatory States and other entities in\n\nprograms for abating and controlling pollution and natural\n\ndeterioration of the water of the Red River Basin, and to recommend\n\nreasonable water quality objectives to the states.\n\nSection 11.05 Each Signatory State agrees to maintain current\n\nrecords of waste discharges into the Red River Basin and the type\n\nand quality of such discharges, which records shall be furnished to\n\nthe Commission upon request.\n\nSection 11.06 Upon receipt of a complaint from the Governor of\n\na Signatory State that the interstate water of the Red River Basin\n\nin which it has an interest are being materially and adversely\n\naffected by pollution and that the state in which the pollution\n\noriginates has failed after reasonable notice to take appropriate\n\nabatement measures, the Commission shall make such findings as are\n\nappropriate and thereafter provide such findings to the Governor of\n\nthe state in which such pollution originates and request appropriate\n\ncorrective action. The Commission, however, shall not take any\n\naction with respect to pollution which adversely affects only the\n\nstate in which such pollution originates.\n\nSection 11.07 In addition to its other powers set forth under\n\nthis Article, the Commission shall have the authority, upon receipt\n\nof six concurring votes, to utilize applicable Federal statutes to\n\ninstitute legal action in its own name against the person or entity\n\nresponsible for interstate pollution problems; provided, however,\n\nsixty (60) days before initiating legal action the Commission shall\n\nnotify the Governor of the state in which the pollution source is\n\nlocated to allow that state an opportunity to initiate action in its\n\nown name.\n\nSection 11.08 Without prejudice to any other remedy available\n\nto the Commission, or any Signatory State, any state which is\nble for interstate pollution problems; provided, however,\n\nsixty (60) days before initiating legal action the Commission shall\n\nnotify the Governor of the state in which the pollution source is\n\nlocated to allow that state an opportunity to initiate action in its\n\nown name.\n\nSection 11.08 Without prejudice to any other remedy available\n\nto the Commission, or any Signatory State, any state which is\n\nmaterially and adversely affected by the pollution of the water of\n\nthe Red River Basin by pollution originating in another Signatory\n\nState may institute a suit against any individual, corporation,\n\npartnership, or association, or against any Signatory State or\n\npolitical or governmental subdivision thereof, or against any\n\nofficer, agency, department, bureau, district or instrumentality of\n\nor in any Signatory State contributing to such pollution in\n\naccordance with applicable Federal statutes. Nothing herein shall\n\nbe construed as depriving any person of any rights of action\n\nrelating to pollution which such person would have if this Compact\n\nhad not been made.\n\nARTICLE XII\n\nTERMINATION AND AMENDMENT OF COMPACT\n\nSection 12.01 This Compact may be terminated at any time by\n\nappropriate action of the Legislatures of all of the four Signatory\n\nStates. In the event of such termination, all rights established\n\nunder it shall continue unimpaired.\n\nSection 12.02 This Compact may be amended at any time by\n\nappropriate action of the Legislatures of all Signatory States that\n\nare affected by such amendment. The consent of the United States\n\nCongress must be obtained before any such amendment is effective.\n\nARTICLE XIII\n\nRATIFICATION AND EFFECTIVE DATE OF COMPACT\n\nSection 13.01 Notice of ratification of this Compact by the\n\nLegislature of each Signatory State shall be given by the Governor\n\nthereof to the Governors of each of the other Signatory States and\n\nto the President of the United States. The President is hereby\n\nrequested to give notice to the Governors of each of the Signatory\n\nStates of the consent to this Compact by the Congress of the United\n\nStates.\n\nSection 13.02 This Compact shall become effective, binding and\n\nobligatory when, and only when:\n\n(a) It has been duly ratified by each of the Signatory\n\nStates; and\n\n(b) It has been consented to by an Act of the Congress of\n\nthe United States, which Act provides that:\n\nAny other statute of the United States to the contrary\n\nnotwithstanding, in any case or controversy:\n\ni. which involves the construction or application of this\n\nCompact;\n\nii. in which one or more of the Signatory States to this\n\nCompact is a plaintiff or plaintiffs; and\n\niii. which is within the judicial power of the United\n\nStates as set forth in the Constitution of the United\n\nStates;\n\nand without any requirement, limitation or regard as to the\n\nsum or value of the matter in controversy, or of the place\n\nof residence or citizenship of, or of the nature, character\n\nor legal status of, any of the other proper parties\n\nplaintiff or defendant in such case of controversy:\n\nThe consent of Congress is given to name and join the\n\nUnited States as a party defendant or otherwise in any such\n\ncase or controversy in the Supreme Court of the United\n\nStates if the United States is an indispensable party\n\nthereto.\n\nSection 13.03 The United States District Courts shall have\n\noriginal jurisdiction (concurrent with that of the Supreme Court of\n\nthe United States, and concurrent with that of any other Federal or\n\nstate court, in matters in which the Supreme Court, or other court\n\nhas original jurisdiction) of any case or controversy involving the\n\napplication or construction of this Compact; that said jurisdiction\n\nshall include, but not be limited to, suits between Signatory\n\nStates; and that the venue of such case or controversy may be\n\nbrought in any judicial district in which the acts complained of (or\n\nany portion thereof) occur.","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":"027774ef326fc783bee79a98131791f8e28b721215dcd8154392466c13476212","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1422","next":"us-ok/okla.-stat.-tit.-82-82-1432"},"notice":"GroundRules: Original legal text. Not legal advice."}