OWRB
Oklahoma Water Resources Board

Red River Compact Commission
82 OS 1431

Section 6.01 Subbasin 1 - Interstate streams - Arkansas and
Texas.
(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.
(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
Oklahoma Statutes - Title 82. Waters and Water Rights Page 364

provision that supplies for existing uses of water from
Caddo Lake, on date of Compact, are not reduced.
(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.
(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
Caddo River DeGray Lake 1,377,000 34°13.2'N 93°06.6'W
Little Missouri
Oklahoma Statutes - Title 82. Waters and Water Rights Page 365

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

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

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

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

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
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 materially
and adversely affected by the pollution of the water of the Red River
Oklahoma Statutes - Title 82. Waters and Water Rights Page 370

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

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.
Added by Laws 1979, c. 136, § 1, eff. May 3, 1979.