OKLAHOMA

§82-1421.

    The following Interstate Compact is hereby approved and ratified
subject to the conditions stated in Section 2 of this act.
                    ARKANSAS RIVER BASIN COMPACT
                       ARKANSAS-OKLAHOMA, 1970
    The State of Arkansas and the State of Oklahoma, acting through
their duly authorized Compact representatives, S. Keith Jackson of
Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations
participated in by Trigg Twichell, appointed by the President as the
representative of the United States of America, pursuant to and in
accordance with the consent to such negotiations granted by an Act of
Congress of the United States of America (Public Law 97, 84th
Congress, 1st session), approved June 28, 1955, have agreed as
follows respecting the waters of the Arkansas River and its
tributaries:
                              ARTICLE I
    The major purposes of this Compact are:
    A.  To promote interstate comity between the States of Arkansas
and Oklahoma;
    B.  To provide for an equitable apportionment of the waters of
the Arkansas River between the States of Arkansas and Oklahoma and to
promote the orderly development thereof;
    C.  To provide an agency for administering the water
apportionment agreed to herein;
    D.  To encourage the maintenance of an active pollution abate-
ment program in each of the two states and to seek the further
reduction of both natural and man-made pollution in the waters of the
Arkansas River Basin; and
    E.  To facilitate the cooperation of the water administration
agencies of the States of Arkansas and Oklahoma in the total
development and management of the water resources of the Arkansas
River Basin.
                             ARTICLE II
    As used in the Compact:
    A.  The term "state" means either state signatory hereto and
shall be construed to include any person or persons, entity or agency
of either state who, by reason of official responsibility or by
designation of the Governor of that state, is acting as an official
representative of that state.
    B.  The term "Arkansas-Oklahoma Arkansas River Compact
Commission," or the term "Commission" means the agency created by
this Compact for the administration thereof.
    C.  The term "Arkansas River Basin" means all of the drainage
basin of the Arkansas River and its tributaries from a point
immediately below the confluence of the Grand-Neosho River with the
Arkansas River near Muskogee, Oklahoma, to a point immediately below
the confluence of Lee Creek with the Arkansas River near Van Buren,
Arkansas, together with the drainage basin of Spavinaw Creek in
Arkansas, but excluding that portion of the drainage basin of the
Canadian River below Eufaula Dam.
    D.  The term "Spavinaw Creek Subbasin" means the drainage area of
Spavinaw Creek in the State of Arkansas.
    E.  The term "Illinois River Subbasin" means the drainage area of
Illinois River in the State of Arkansas.
    F.  The term "Lee Creek Subbasin" means the drainage area of Lee
Creek in the State of Arkansas and the State of Oklahoma.
    G.  The term "Poteau River Subbasin" means the drainage area of
Poteau River in the State of Arkansas.
    H.  The term "Arkansas River Subbasin" means all areas of the
Arkansas River Basin except the four sub-basins described above.
    I.  The term "water-year" means a twelve-month period beginning
on October 1, and ending September 30.
    J.  The term "annual yield" means the computed annual gross
runoff from any specified subbasin which would have passed any
certain point on a stream and would have originated within any
specified area under natural conditions, without any man-made
depletion or accretion during the water year.
    K.  The term "pollution" means contamination or other alterations
of the physical, chemical, biological or radiological properties of
water or the discharge of any liquid, gaseous, or solid substances
into any waters which creates, or is likely to result in a nuisance,
or which renders or is likely to render the waters into which it is
discharged harmful, detrimental or injurious to public health,
safety, or welfare, or which is harmful, detrimental or injurious to
beneficial uses of the water.
                             ARTICLE III
    A.  The physical and other conditions peculiar to the Arkansas
River Basin constitute the basis of this Compact, and neither of the
states hereby, nor the Congress of the United States by its consent
hereto, concedes that this Compact established any general principle
with respect to any other interstate stream.
    B.  By this Compact, neither state signatory hereto is
relinquishing any interest or right it may have with respect to any
waters flowing between them which do not originate in the Arkansas
River Basin as defined by this Compact.
                             ARTICLE IV
    The States of Arkansas and Oklahoma hereby agree upon the
following apportionment of the waters of the Arkansas River Basin:
    A.  The State of Arkansas shall have the right to develop and use
the waters of the Spavinaw Creek Subbasin subject to the limitation
that the annual yield shall not be depleted by more than fifty
percent (50%).
    B.  The State of Arkansas shall have the right to develop and use
the waters of the Illinois River Subbasin subject to the limitation
that the annual yield shall not be depleted by more than sixty
percent (60%).
    C.  The State of Arkansas shall have the right to develop and use
all waters originating within the Lee Creek Subbasin in the State or
Arkansas, or the equivalent thereof.
    D.  The State of Oklahoma shall have the right to develop and use
all waters originating within the Lee Creek Subbasin in the State of
Oklahoma, or the equivalent thereof.
    E.  The State of Arkansas shall have the right to develop and use
the waters of the Poteau River Subbasin subject to the limitation
that the annual yield shall not be depleted by more than sixty
percent (60%).
    F.  The State of Oklahoma shall have the right to develop and use
the waters of the Arkansas River Subbasin subject to the limitation
that the annual yield shall not be depleted by more than sixty
percent (60%).
                              ARTICLE V
    A.  On or before December 31 of each year, following the
effective date of this Compact, the Commission shall determine the
stateline yields of the Arkansas River Basin for the previous water
year.
    B.  Any depletion of annual yield in excess of that allowed by
the provisions of this Compact shall, subject to the control of the
Commission, be delivered to the downstream State, and said delivery
shall consist of not less than sixty percent (60%) of the current
runoff of the basin.
    C.  Methods for determining the annual yield of each of the
sub-basins shall be those developed and approved by the Commission.
                             ARTICLE VI
    A.  Each state may construct, own and operate for its needs water
storage reservoirs in the other state.
    B.  Depletion in annual yield of any subbasin of the Arkansas
River Basin caused by the operation of any water storage reservoir
either heretofore or hereafter constructed by the United States or
any of its agencies, instrumentalities or wards, or by a state,
political subdivision thereof, or any person or persons shall be
charged against the swate in which the yield therefrom is utilized.
    C.  Each state shall have the free and unrestricted right to
utilize the natural channel of any stream within the Arkansas River
Basin for conveyance through the other state of waters released from
any water storage reservoir for an intended downstream point of
diversion or use without loss of ownership of such waters; provided,
however, that a reduction shall be made in the amount of water which
can be withdrawn at point of removal, equal to the transmission
losses.
                             ARTICLE VII
    The States of Arkansas and Oklahoma mutually agree to:
    A.  The principle of individual state effort to abate man-made
pollution within each state's respective borders, and the continuing
support of both states in an active pollution abatement program;
    B.  The cooperation of the appropriate state agencies in the
States of Arkansas and Oklahoma to investigate and abate sources of
alleged interstate pollution within the Arkansas River Basin;
    C.  Enter into joint programs for the identification and control
of sources of pollution of the waters of the Arkansas River and its
tributaries which are of interstate significance;
    D.  The principle that neither state may require the other to
provide water for the purpose of water quality control as a
substitute for adequate waste treatment;
    E.  Utilize the provisions of all federal and state water
pollution laws and to recognize such water quality standards as may
be now or hereafter established under the Federal Water Pollution
Control Act in the resolution of any pollution problems affecting the
waters of the Arkansas River Basin.
                            ARTICLE VIII
    A.  There is hereby created an interstate administrative agency
to be known as the "Arkansas-Oklahoma Arkansas River Compact
Commission."  The Commission shall be composed of three Commissioners
representing the State of Arkansas and three Commissioners
representing the State of Oklahoma, selected as provided below; and,
if designated by the President or an authorized federal agency, one
Commissioner representing the United States. The President, or the
federal agency authorized to make such appointments, is hereby
requested to designate a Commissioner and an alternate representing
the United States.  The Federal Commissioner, if one be designated,
shall be the Chairman and presiding officer of the Commission, but
shall not have the right to vote in any of the deliberations of the
Commission.
    B.  One Arkansas Commissioner shall be the Director of the
Arkansas Soil and Water Conservation Commission, or such other agency
as may be hereafter responsible for administering water law in the
state.  The other two Commissioners shall reside in the Arkansas
River drainage area in the State of Arkansas and shall be appointed
by the Governor, by and with the advice and consent of the Senate, to
four-year staggered terms with the first two Commissioners being
appointed simultaneously to terms of two (2) and four (4) years,
respectively.
    C.  One Oklahoma Commissioner shall be the Director of the
Oklahoma Water Resources Board, or such other agency as may be
hereafter responsible for administering water law in the state. The
other two Commissioners shall reside within the Arkansas River
drainage area in the State of Oklahoma and shall be appointed by the
Governor, by and with the advice and consent of the Senate, to
four-year staggered terms, with the first two Commissioners being
appointed simultaneously to terms of two (2) and four (4) years,
respectively.
    D.  A majority of the Commissioners of each state and the
Commissioner or his alternate representing the United States, if they
are so designated, must be present to constitute a quorum.  In taking
any Commission action, each signatory state shall have a single vote
representing the majority opinion of the Commissioners of that state.
    E.  In the case of a tie vote on any of the Commission's
determinations, order, or other actions, a majority of the
Commissioners of either state may, upon written request to the
Chairman, submit the question to arbitration.  Arbitration shall not
be compulsory, but on the event of arbitration, there shall be three
arbitrators:
    (1) One named by resolution duly adopted by the Arkansas Soil and
Water Conservation Commission, or such other state agency as may be
hereafter responsible for administering water law in the State of
Arkansas; and
    (2) One named by resolution duly adopted by the Oklahoma Water
Resources Board, or such other state agency as may be hereafter
responsible for administering water law in the State of Oklahoma; and
    (3) The third chosen by the two arbitrators who are selected as
provided above.
    If the arbitrators fail to select a third within sixty (60) days
following their selection, then he shall be chosen by the Chairman of
the Commission.
    F.  The salaries and personal expenses of each Commissioner shall
be paid by the Government which he represents.  All other expenses
which are incurred by the Commission incident to the administration
of this Compact shall be borne equally by the two states and shall be
paid by the Commission out of the "Arkansas-Oklahoma Arkansas River
Compact Fund," initiated and maintained as provided in Article
IX(B)(5) below.  The states hereby mutually agree to appropriate sums
sufficient to cover its share of the expenses incurred in the
administration of this Compact, to be paid into said fund.
Disbursements shall be made from said fund in such manner as may be
authorized by the Commission.  Such funds shall not be subject to the
audit and accounting procedures of the states;  however, all receipts
and disbursements of funds handled by the Commission shall be audited
by a qualified independent public accountant at regular intervals,
and the report of such audit shall be included in and become a part
of the annual report of the Commission, provided by Article IX(B)(6)
below.  The Commission shall not pledge the credit of either state
and shall not incur any obligations prior to the availability of
funds adequate to meet the same.
                             ARTICLE IX
    A.  The Commission shall have the power to:
    (1) Employ such engineering, legal, clerical and other personnel
as in its judgment may be necessary for the performance of its
functions under this Compact;
    (2) Enter into contracts with appropriate state or federal
agencies for the collection, correlation, and presentation of factual
data, for the maintenance of records and for the preparation of
reports;
    (3) Establish and maintain an office for the conduct of its
affairs;
    (4) Adopt and procure a seal for its official use;
    (5) Adopt rules and regulations governing its operations. The
procedures employed for the administration of this Compact shall not
be subject to any Administrative Procedures act of either state, but
shall be subject to the provisions hereof and to the rules and
regulations of the Commission; provided, however, all rules and
regulations of the Commission shall be filed with the Secretary of
State of the signatory States.
    (6) Cooperate with federal and state agencies and political
subdivisions of the signatory states in developing principles,
consistent with the provisions of this Compact and with federal and
state policy, for the storage and release of water from reservoirs,
both existing and future within the Arkansas River Basin, for the
purpose of assuring their operation in the best interests of the
states and the United States;
    (7) Hold hearings and compel the attendance of witnesses for the
purpose of taking testimony and receiving other appropriate and
proper evidence and issuing such appropriate orders as it deems
necessary for the proper administration of this Compact, which orders
shall be enforceable upon the request by the Commission or any other
interested party in any court of competent jurisdiction within the
county wherein the subject matter to which the order relates is in
existence, subject to the right of review through the appellate
courts of the State of situs.  Any hearing held for the promulgation
and issuance of orders shall be in the county and state of the
subject matter of said hearing;
    (8) Make and file official certified copies of any of its
findings, recommendations or reports with such officers or agencies
of either state, or the United States, as may have any interest in or
jurisdiction over the subject matter.  Findings of fact made by the
Commission shall be admissible in evidence and shall constitute prima
facie evidence of such fact in any court or before any agency of
competent jurisdiction.  The making of findings, recommendations, or
reports by the Commission shall not be a condition precedent to
instituting or maintaining any action or proceeding of any kind by a
signatory state in any court, or before any tribunal, agency or
officer, for the protection of any right under this Compact or for
the enforcement of any of its provisions;
    (9) Secure from the head of any department or agency of the
federal or state government such information, suggestions, estimates
and statistics as it may need or believe to be useful for carrying
out its functions and as may be available to or procurable by the
department or agency to which the request is addressed;
(10) Print or otherwise reproduce and distribute all of its
proceedings and reports; and
(11) Accept, for the purposes of this Compact, any and all private
donations and gifts and Federal grants of money.
    B.  The Commission shall:
    (1) Cause to be established, maintained and operated such stream,
reservoir or other gaging stations as may be necessary for the proper
administration of this Compact;
    (2) Collect, analyze and report on data as to stream flows, water
quality, annual yields and such other information as is necessary for
the proper administration of this Compact;
    (3) Continue research for developing methods of determining total
basin yields;
    (4) Perform all other functions required of it by the Compact and
do all things necessary, proper or convenient in the performance of
its duties thereunder;
    (5) Establish and maintain the "Arkansas-Oklahoma Arkansas River
Compact Fund," consisting of any and all funds received by the
Commission under the authority of this Compact and deposited in one
or more banks qualifying for the deposit of public funds of the
signatory States;
    (6) Prepare and submit an annual report to the Governor of each
signatory state and to the President of the United States covering
the activities of the Commission for the preceding fiscal year,
together with an accounting of all funds received and expended by it
in the conduct of its work;
    (7) Prepare and submit to the Governor of each of the States of
Arkansas and Oklahoma an annual budget covering the anticipated
expenses of the Commission for the following fiscal year; and
    (8) Make available to the Governor of any state agency of either
state or to any authorized representative of the United States, upon
request, any information within its possession.
                              ARTICLE X
    A.  The provisions hereof shall remain in full force and effect
until changed or amended by unanimous action of the states acting
through their Commissioners and until such changes are ratified by
the legislatures of the respective states and consented to by the
Congress of the United States in the same manner as this Compact is
required to be ratified to become effective.
    B.  This Compact may be terminated at any time by the appro-
priate action of the legislature of both signatory states.
    C.  In the event of amendment or termination of the Compact, all
rights established under the Compact shall continue unimpaired. ARTIC
LE XI
    Nothing in this Compact shall be deemed:
    A.  To impair or affect the powers, rights or obligations of the
United States, or those claiming under its authority in, over and to
the waters of the Arkansas River Basin;
    B.  To interfere with or impair the right or power of either
signatory State to regulate within its boundaries of appropriation,
use and control of waters within that state not inconsistent with its
obligations under this Compact.
                             ARTICLE XII
    If any part or application of this Compact should be declared
invalid by a court of competent jurisdiction, all other provisions
and application of this Compact shall remain in full force and
effect.
                            ARTICLE XIII
    A.  This Compact shall become binding and obligatory when it
shall have been ratified by the legislature of each state and
consented to by the Congress of the United States, and when the
Congressional Act consenting to this Compact includes the consent of
Congress to name and join the United States as a party in any
litigation in the United States Supreme Court, if the United States
is an indispensable party, and if the litigation arises out of this
Compact or its application, and if a signatory state is a party
thereto.
    B.  The States of Arkansas and Oklahoma mutually agree and
consent to be sued in the United States District Court under the
provisions of Public Law 87-830 as enacted October 15, 1962, or as
may be thereafter amended.
    C.  Notice of ratification by the legislature of each state shall
be given by the Governor of that state to the Governor of the other
state, and to the President of the United States, and the President
is hereby requested to give notice to the Governor of each state of
consent by the Congress of the United States.
                    ARKANSAS RIVER BASIN COMPACT
                       ARKANSAS-OKLAHOMA, 1970
                      MEMORANDUM OF CORRECTION
    The State of Arkansas and Oklahoma, further acting through their
duly authorized compact representatives, S. Keith Jackson of
Arkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this
memorandum of correction to the Arkansas River Basin Compact
Arkansas-Oklahoma, 1970, executed at the City of Little Rock, State
of Arkansas, on the 16th day of March, 1970, as follows:
    1.  By striking the word "below" as it appears in the last
         line of Article II (C) and inserting in lieu thereof the
         word "above."
    2.  By striking the word "of" as it appears in the first line
         of Article IX, (B) (8) and inserting in lieu thereof the
         word "or."
    IN WITNESS WHEREOF, the authorized representatives have executed
three counterparts hereof each of which shall be and constitute an
original, one of which shall be deposited with the Administrator of
General Services of the United States, and affixed to the original
Arkansas River Basin Compact Arkansas-Oklahoma, 1970, there on file,
and one of which shall be forwarded to the Governor of each state
and likewise affixed to said Compact there on file.