OKLAHOMA
§82-526.1.
CANADIAN RIVER COMPACT
The State of New Mexico, the state of Texas, and the State of
Oklahoma, acting through their Commissioners, John H. Bliss for the
State of New Mexico, E. V. Spence for the State of Texas, and
Clarence Burch for the State of Oklahoma, after negotiations
participated in by Berkeley Johnson, appointed by the president as
the representative of the United States of America, have agreed
respecting Canadian River as follows:
ARTICLE I
The major purposes of this Compact are to promote interstate
comity; to remove causes of present and future controversy; to make
secure and protect present developments within the states; and to
provide for the construction of additional works for the conservation
of the waters of Canadian River.
ARTICLE II
As used in this Compact:
(a) The term "Canadian River" means the tributary of Arkansas
River which rises in northeastern New Mexico and flows in an easterly
direction through New Mexico, Texas and Oklahoma and includes North
Canadian River and all other tributaries of said Canadian River.
(b) The term "North Canadian River" means that major tributary of
Canadian River officially known as North Canadian River from its
source to its junction with Canadian River and includes all
tributaries of North Canadian River.
(c) The term "Commission" means the agency created by this
Compact for the administration thereof.
(d) The term "conservation storage" means that portion of the
capacity of reservoirs available for the storage of water for
subsequent release for domestic, municipal, irrigation and industrial
uses, or any of them, and it excludes any portion of the capacity of
reservoirs allocated solely to flood control, power production and
sediment control, or any of them.
ARTICLE III
All rights to any of the waters of Canadian River which have been
perfected by beneficial use are hereby recognized and affirmed. ARTIC
LE IV
(a) New Mexico shall have free and unrestricted use of all waters
originating in the drainage basin of Canadian River above Conchas
Dam.
(b) New Mexico shall have free and unrestricted use of all waters
originating in the drainage basin of Canadian river in New Mexico
below Conchas Dam, provided that the amount of conservation storage
in New Mexico available for impounding these waters which originate
in the drainage basin of Canadian River below Conchas Dam shall be
limited to an aggregate of two hundred thousand 200,000 acre-feet.
(c) The right of New Mexico to provide conservation storage in
the drainage basin of North Canadian River shall be limited to the
storage of such water as at the time may be unappropriated under the
laws of New Mexico and of Oklahoma.
ARTICLE V
Texas shall have free and unrestricted use of all waters of
Canadian River in Texas, subject to the limitations upon storage of
water set forth below:
(a) The right of Texas to impound any of the waters of North
Canadian River shall be limited to storage on tributaries of said
River in Texas for municipal uses, for household and domestic uses,
livestock watering, and the irrigation of lands which are cultivated
solely for the purpose of providing food and feed for the households
and domestic livestock actually living or kept on the property.
(b) Until more than three hundted thousand 300,000 acre-feet of
conservation storage shall be provided in Oklahoma, exclusive of
reservoirs in the drainage basin of North Canadian River and
exclusive of reservoirs in the drainage basin of Canadian River east
of the 97th meridian, the right of Texas to retain water in
conservation storage, exclusive of waters of north Canadian River,
shall be limited to five hundred thousand 500,000 acre-feet;
thereafter the right of Texas to impound and retain such waters in
storage shall be limited to an aggregate quantity equal to two
hundred thousand 200,000 acre-feet plus whatever amount of water
shall be at the same time in conservation storage in reservoirs in
the drainage basin of Canadian River in Oklahoma, exclusive of
reservoirs in the drainage basin of North Canadian River and
exclusive of reservoirs east of the 97th meridian; and for the
purpose of determining the amount of water in conservation storage,
the maximum quantity of water in storage following each flood or
series of floods shall be used; provided, that the right of Texas to
retain and use any quantity of water previously impounded shall not
be reduced by any subsequent application of the provisions of this
paragraph (b).
(c) Should Texas for any reason impound any amount of water
greater than the aggregate quantity specified in paragraph (b) of
this article, such excess shall be retained in storage until under
the provisions of said paragraph Texas shall become entitled to its
use; provided, that, in event of spill from conservation storage, any
such excess shall be reduced by the amount of such spill from the
most easterly reservoir on Canadian River in Texas; provided further,
that all such excess quantities in storage shall be reduced monthly
to compensate for reservoir losses in proportion to the total amount
of water in the reservoir or reservoirs in which such excess water is
being held; and provided further that on demand by the Commissioner
for Oklahoma the remainder of any such excess quantity of water in
storage shall be released into the channel of Canadian River at the
greatest rate practicable.
ARTICLE VI
OKlahoma shall have free and unrestricted use of all waters of
Canadian River in Oklahoma.
ARTICLE VII
The Commission may permit New Mexico to impound more water than
the amount set forth in Article IV and may permit Texas to impound
more water than the amount set forth in Article V; provided, that no
state shall thereby be deprived of water needed for beneficial use;
provided further that each such permission shall be for a limited
period not exceeding twelve (12) months; and provided further that no
state or user of water within any state shall thereby acquire any
right to the continued use of any such quantity of water so permitted
to be impounded.
ARTICLE VIII
Each state shall furnish to the Commission at intervals
designated by the Commission accurate records of the quantities of
water stored in reservoirs pertinent to the administration of this
Compact.
ARTICLE IX
(a) There is hereby created an interstate administrative agency
to be known as the "Canadian River Commission." The Commission shall
be composed of three (3) commissioners, one from each of the
signatory states, designated or appointed in accordance with the laws
of each such state, and if designated by the President an additional
Commissioner representing the United States. The President is hereby
requested to designate such a Commissioner. If so designated, the
Commissioner representing the United States shall be the presiding
officer of the Commission, but shall not have the right to vote in
any of the deliberations of the Commission. All members of the
Commission must be present to constitute a quorum. A unanimous vote
of the Commissioners for the three signatory States shall be
necessary to all actions taken by the Commission.
(b) 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 and which are not paid by the United States shall be
borne equally by the three states and be paid by the Commission out
of a revolving fund hereby created to be known as the "Canadian River
Revolving Fund." Such fund shall be initiated and maintained by
equal payments of each state into the fund in such amounts as will be
necessary for administration of this Compact. Disbursements shall be
made from said fund in such manner as may be authorized by the
Commission. Said fund 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 the audit shall be included in and become a part of the
annual report of the Commission.
(c) The Commission may:
(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 federal agencies for
the collection, correlation, and presentation of factual data, for
the maintenance of records, and for the preparation of reports;
(3) Perform all functions required of it by this Compact and do
all things necessary, proper, or convenient in the performance of its
duties hereunder, independently or in cooperation with appropriate
governmental agencies.
(d) The Commission shall:
(1) Cause to be established, maintained and operated such stream
and other gaging stations and evaporation stations as may from time
to time be necessary for proper administration of the Compact,
independently or in co-operation with appropriate governmental
agencies;
(2) Make and transmit to the Governors of the signatory states on
or before the last day of March of each year, a report covering the
activities of the Commission for the preceding year;
(3) Make available to the Governor of any signatory state, on his
request, any information within its possession at any time, and shall
always provide access to its records by the Governors of the states,
or their representatives, or by authorized representatives of the
United States.
ARTICLE X
Nothing in this Compact shall be construed as:
(a) Affecting the obligations of the United States to the Indian
Tribes;
(b) Subjecting any property of the United States, its agencies or
instrumentalities, to taxation by any State or subdivision thereof,
or creating any obligation on the part of the United States, its
agencies or instrumentalities, by reason of the acquisition,
construction or operation of any property or works of whatever kind,
to make any payment to any State or political subdivision thereof,
state agency, municipality or entity whatsoever, in reimbursement for
the loss of taxes;
(c) Subjecting any property of the United States, its agencies or
instrumentalities, to the laws of any State to an extent other than
the extent to which such laws would apply without regard to this
Compact;
(d) Applying to, or interfering with, the right or power of any
signatory State to regulate within its boundaries the appropriation,
use and control of water, not inconsistent with its obligations under
this Compact;
(e) Establishing any general principle or precedent applicable to
other interstate streams.
ARTICLE XI
This Compact shall become binding and obligatory when it shall
have been ratified by the Legislature of each state and approved by
the Congress of the United States. Notice of ratification by the
Legislature of each state shall be given by the Governor of that
state to the Governors of the other states and to the President of
the United States. The President is hereby requested to give notice
to the Governor of each state of approval by the Congress of the
United States.
In Witness Whereof, the Commissioners have executed four
counterparts hereof, each of which shall be and constitute an
original, one of which shall be deposited in the archives of the
Department of State of the United States, and one of which shall be
forwarded to the Governor of each state.
DONE at the City of Santa Fe, State of New Mexico, this 6th day
of December, 1950.
/s/ JOHN H. BLISS
John H. Bliss
Commissioner for the State of
New Mexico
/s/ E. V. SPENCE
E. V. Spence
Commissioner for the State of
Texas
/s/ CLARENCE BURCH
Clarence Burch
Commissioner for the State of
Oklahoma
Approved:
/s/ BERKELEY JOHNSON
Berkeley Johnson
Representative of the United
States of America.
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