OKLAHOMA

§82-1431.

RED RIVER COMPACT

§82-1431.
                              PREAMBLE
    The States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant
to the acts of their respective Governors or Legislatures, or both,
being moved by considerations of interstate comity, have resolved to
compact with respect to the water of the Red River and its
tributaries.  By Act of Congress, Public Law No. 346 (84th Congress,
First Session), the consent of the United States has been granted for
said states to negotiate and enter into a compact providing for an
equitable apportionment of such water; and pursuant to that Act the
President has designated the representative of the United States.
    Further, the consent of Congress has been given for two or more
states to negotiate and enter into agreements relating to water
pollution control by the provisions of the Federal Water Pollution
Control Act (P.L. 92-500, 33 U.S.C. Sections 1251 et seq.).
    The Signatory States acting through their duly authorized Compact
Commissioners, after several years of negotiations, have agreed to an
equitable apportionment of the water of the Red River and its
tributaries and do hereby submit and recommend that this Compact be
adopted by the respective Legislatures and approved by Congress as
hereinafter set forth:

                              ARTICLE I
                              PURPOSES
    SECTION 1.01  The principal purposes of this Compact are:
         (a) To promote interstate comity and remove causes of
         controversy between each of the affected states by governing
         the use, control and distribution of the interstate water of
         the Red River and its tributaries;
         (b) To provide an equitable apportionment among the
         Signatory States of the water of the Red River and its
         tributaries;
         (c) To promote an active program for the control and
         alleviation of natural deterioration and pollution of the
         water of the Red River Basin and to provide for enforcement
         of the laws related thereto;
         (d) To provide the means for an active program for the
         conservation of water, protection of lives and property from
         floods, improvement of water quality, development of
         navigation and regulation of flows in the Red River Basin;
         and
         (e) To provide a basis for state or joint state planning and
         action by ascertaining and identifying each state's share in
         the interstate water of the Red River Basin and the
         apportionment thereof.
                             ARTICLE II
                         GENERAL PROVISIONS
    SECTION 2.01  Each Signatory State may use the water allocated to
it by this Compact in any manner deemed beneficial by that state.
Each state may freely administer water rights and uses in accordance
with the laws of that state, but such uses shall be subject to the
availability of water in accordance with the apportionments made by
this Compact.
    SECTION 2.02  The use of water by the United States in connection
with any individual Federal project shall be in accordance with the
Act of Congress authorizing the project and the water shall be
charged to the state or states receiving the benefit therefrom.
    SECTION 2.03  Any Signatory State using the channel of Red River
or its tributaries to convey stored water shall be subject to an
appropriate reduction in the amount which may be withdrawn at the
point of removal to account for transmission losses.
    SECTION 2.04  The failure of any state to use any portion of the
water allocated to it shall not constitute relinquishment or
forfeiture of the right to such use.
    SECTION 2.05  Each Signatory State shall have the right to:
         (a) Construct conservation storage capacity for the
         impoundment of water allocated by this Compact;
         (b) Replace within the same area any storage capacity
         recognized or authorized by this Compact made unusable by
         any cause, including losses due to sediment storage;
         (c) Construct reservoir storage capacity for the purposes of
         flood and sediment control as well as storage of water which
         is either imported or is to be exported if such storage does
         not adversely affect the delivery of water apportioned to
         any other Signatory State; and
         (d) Use the bed and banks of the Red River and its
         tributaries to convey stored water, imported or exported
         water, and water apportioned according to this Compact.
    SECTION 2.06  Signatory States may cooperate to obtain
construction of facilities of joint benefits to such states.
    SECTION 2.07  Nothing in this Compact shall be deemed to impair
or affect the powers, rights, or obligations of the United States, or
those claiming under its authority, in, over and to water of the Red
River Basin.
    SECTION 2.08  Nothing in this Compact shall be construed to
include within the water apportioned by this Compact any water
consumed in each state by livestock or for domestic purposes;
provided, however, the storage of such water is in accordance with
the laws of the respective states but any such impoundment shall not
exceed 200 acre-feet, or such smaller quantity as may be provided for
by the laws of each state.
    SECTION 2.09  In the event any state shall import water into the
Red River Basin from any other river basin, the Signatory State
making the importation shall have the use of such imported water.
    SECTION 2.10  Nothing in this Compact shall be deemed to:
         (a) Interfere with or impair the right or power of any
         Signatory State to regulate within its boundaries the
         appropriation, use, and control of water, or quality of
         water, not inconsistent with its obligations under this
         Compact;
         (b) Repeal or prevent the enactment of any legislation or
         the enforcement of any requirement by any Signatory State
         imposing any additional conditions or restrictions to
         further lessen or prevent the pollution or natural
         deterioration of water within its jurisdiction; provided
         nothing contained in this paragraph shall alter any
         provisions of this Compact dealing with the apportionment of
         water or the rights thereto; or
         (c) Waive any state's immunity under the Eleventh Amendment
         of the Constitution of the United States, or as constituting
         the consent of any state to be sued by its own citizens.
    SECTION 2.11  Accounting for apportionment purposes on interstate
streams shall not be mandatory under the terms of the Compact until
one or more affected states deem the accounting necessary.
    SECTION 2.12  For the purposes of apportionment of the water
among the Signatory States, the Red River is hereby divided into the
following major subdivisions:
         (a) Reach I - the Red River and tributaries from the New
         Mexico-Texas state boundary to Denison Dam;
         (b) Reach II - the Red River from Denison Dam to the point
         where it crosses the Arkansas-Louisiana state boundary and
         all tributaries which contribute to the flow of the River
         within this reach;
         (c) Reach III - the tributaries west of the Red River which
         cross the Texas-Louisiana state boundary, the
         Arkansas-Louisiana state boundary, and those which cross
         both the Texas-Arkansas state boundary and the
         Arkansas-Louisiana state boundary;
         (d) Reach IV - the tributaries east of the Red River in
         Arkansas which cross the Arkansas-Louisiana state boundary;
         and
         (e) Reach V - that portion of the Red River and tributaries
         in Louisiana not included in Reach III or in Reach IV.
    SECTION 2.13  If any part or application of this Compact shall be
declared invalid by a court of competent jurisdiction, all other
severable provisions and applications of this Compact shall remain in
full force and effect.
    SECTION 2.14  Subject to the availability of water in accordance
with this Compact, nothing in this Compact shall be held or construed
to alter, impair, or increase, validate, or prejudice any existing
water right or right of water use that is legally recognized on the
effective date of this Compact by either statutes or courts of the
Signatory State within which it is located.

                             ARTICLE III
                             DEFINITIONS
    þlscSECTION 3.01  In this Compact:
         (a) The States of Arkansas, Louisiana, Oklahoma, and Texas
         are referred to as "Arkansas", "Louisiana", "Oklahoma", and
         "Texas", respectively, or individually as "State" or
         "Signatory State", collectively as "States" or "Signatory
         States."
         (b) The term "Red River" means the stream below the crossing
         of the Texas-Oklahoma state boundary at longitude 100
         degrees west.
         (c) The term "Red River Basin" means all of the natural
         drainage area of the Red River and its tributaries east of
         the New Mexico-Texas state boundary and above its junction
         with Atchafalaya and Old Rivers.
         (d) The term "water of the Red River Basin" means the water
         originating in any part of the Red River Basin and flowing
         to or in the Red River or any of its tributaries.
         (e) The term "tributary" means any stream which contributes
         to the flow of the Red River.
         (f) The term "interstate tributary" means a tributary of the
         Red River, the drainage area of which includes portions of
         two (2) or more Signatory States.
         (g) The term "intrastate tributary" means a tributary of the
         Red River, the drainage area of which is entirely within a
         single Signatory State.
         (h) The term "Commission" means the agency created by
         Article IX of this Compact for the administration thereof.
                   (i) The term "pollution" means the alteration of
                   the physical, chemical, or biological
                   characteristics of water by the acts or
                   instrumentalities of man which create or are
                   likely to result in a material and adverse effect
                   upon human beings, domestic or wild animals, fish
                   and other aquatic life, or adversely affect any
                   other lawful use of such water; provided, that for
                   the purposes of this Compact, "pollution" shall
                   not mean or include "natural deterioration."
         (j) The term "natural deterioration" means the material
         reduction in the quality of water resulting from the
         leaching of solubles from the soils and rocks through or
         over which the water flows naturally.
         (k) The term "designated water" means water released from
         storage, paid for by non-Federal interests, for delivery to
         a specific point of use or diversion.
         (l) The term "undesignated water" means all water released
         from storage other than "designated water."
         (m) The term "conservation storage capacity" means that
         portion of the active capacity of reservoirs available for
         the storage of water for subsequent beneficial use, and it
         excludes any portion of the capacity of reservoirs allocated
         solely to flood control and sediment control, or either of
         them.
         (n) The term "runoff" means both the portion of
         precipitation which runs off the surface of a drainage area
         and that portion of the precipitation that enters the
         streams after passing through the portions of the earth.

                             ARTICLE IV
                  APPORTIONMENT OF WATER - REACH I
                          OKLAHOMA - TEXAS
    Subdivision of Reach I and apportionment of water therein.
þlscReach I of the Red River is divided into topographical subbasins,
with the water therein allocated as follows:
    SECTION 4.01  Subbasin 1- Interstate streams - Texas.
         (a) This includes the Texas portion of Buck Creek, Sand
         (Lebos) Creek, Salt Fork Red River, Elm Creek, North Fork
         Red River, Sweetwater Creek, and Washita River, together
         with all their tributaries in Texas which lie west of the
         100th Meridian.
         (b) The annual flow within this subbasin is hereby
         apportioned sixty percent (60%) to Texas and forty percent
         (40%) to Oklahoma.
    SECTION 4.02  Subbasin 2 - Intrastate and interstate streams -
Oklahoma.
         (a) This subbasin is composed of all tributaries of the Red
         River in Oklahoma and portions thereof upstream to the
         Texas-Oklahoma state boundary at longitude one hundred
         degrees west, beginning from Denison Dam and upstream to and
         including Buck Creek.
         (b) The State of Oklahoma shall have free and unrestricted
         use of the water of this subbasin.
    SECTION 4.03  Subbasin 3 - Intrastate streams - Texas.
         (a) This includes the tributaries of the Red River in Texas,
         beginning from Denison Dam and upstream to and including
         Prairie Dog Town Fork Red River.
         (b) The State of Texas shall have free and unrestricted use
         of the water in this subbasin.
    SECTION 4.04  Subbasin 4 - Main stem of the Red River and Lake
Texoma.
         (a) This subbasin includes all of Lake Texoma and the Red
         River beginning at Denison Dam and continuing upstream to
         the Texas-Oklahoma state boundary at longitude one hundred
         degrees west.
         (b) The storage of Lake Texoma and flow from the main stem
         of the Red River into Lake Texoma is apportioned as follows:
              (1) Oklahoma 200,000 acre-feet and Texas 200,000
              acre-feet, which quantities shall include existing
              allocations and uses; and
              (2) Additional quantities in a ratio of fifty percent
              (50%) to Oklahoma and fifty percent (50%) to Texas.
    SECTION 4.05  Special Provisions.
         (a) Texas and Oklahoma may construct, jointly or in
         cooperation with the United States, storage or other
         facilities for the conservation and use of water; provided
         that any facilities constructed on the Red River boundary
         between the two states shall not be inconsistent with the
         Federal legislation authorizing Denison Dam and Reservoir
         project.
         (b) Texas shall not accept for filing, or grant a permit,
         for the construction of a dam to impound water solely for
         irrigation, flood control, soil conservation, mining and
         recovery of minerals, hydroelectric power, navigation,
         recreation and pleasure, or for any other purpose other than
         for domestic, municipal, and industrial water supply, on the
         main stem of the North Fork Red River or any of its
         tributaries within Texas above Lugert-Altus Reservoir until
         the date that imported water sufficient to meet the
         municipal and irrigation needs of Western Oklahoma is
         provided, or until January 1, 2000, whichever occurs first.

                              ARTICLE V
                  APPORTIONMENT OF WATER - REACH II
               ARKANSAS, OKLAHOMA, TEXAS AND LOUISIANA
    þlscSubdivision of Reach II and allocation of water therein.
Reach II of the Red River is divided into topographic subbasins, and
the water therein is allocated as follows:
    SECTION 5.01  Subbasin 1 - Intrastate streams - Oklahoma.
         (a) This subbasin includes those streams and their
         tributaries above existing, authorized or proposed last
         downstream major damsites, wholly in Oklahoma and flowing
         into Red River below Denison Dam and above the
         Oklahoma-Arkansas state boundary.  These streams and their
         tributaries with existing, authorized or proposed last
         downstream major damsites are as follows:


                 Location
   Stream          Site                                         Ac-ft
    Latitude       Longitude


Island-Bayou       Albany                                      85,200
    33þlscoþlsc51.5'N   96þlscoþlsc11.4'W
Blue River         Durant        147,000            33þlscoþlsc55.5'N
         96þlscoþlsc04.2'W
Boggy River        Boswell     1,243,800            34þlscoþlsc01.6'N
    95þlscoþlsc45.0'W
Kiamichi River     Hugo          240,700            34þlscoþlsc01.0'N
         95þlscoþlsc22.6'W


         (b) Oklahoma is apportioned the water of this subbasin and
         shall have unrestricted use thereof.
    SECTION 5.02  Subbasin 2 - Intrastate streams - Texas.
         (a) This subbasin includes those streams and their
         tributaries above existing authorized or proposed last
         downstream major damsites, wholly in Texas and flowing into
         Red River below Denison Dam and above the Texas-Arkansas
         state boundary.  These streams and their tributaries with
         existing, authorized or proposed last downstream major
         damsites are as follows:


                 Location
   Stream          Site                                         Ac-ft
    Latitude       Longitude
B

Shawnee Creek      Randall Lake    5,400            33þlscoþlsc48.1'N
    96þlscoþlsc34.8'W
Brushy Creek       Valley Lake    15,000            33þlscoþlsc38.7'N
    96þlscoþlsc21.5'W
                   New Bonham
Bois d'Arc Creek   Reservoir     130,600            33þlscoþlsc42.9'N
    95þlscoþlsc58.2'W                   Coffee Mill
Coffee Mill Creek  Lake            8,000          33þlscoþlsc44.1'N
    95þlscoþlsc58.0'W
Sandy Creek        Lake Crockett   3,900          33þlscoþlsc44.5'N
    95þlscoþlsc55.5'W
Sanders Creek      Pat Mayse     124,500            33þlscoþlsc51.2'N
    95þlscoþlsc32.9'W
Pine Creek         Lake Crook     11,011            33þlscoþlsc43.7'N
    95þlscoþlsc34.0'W
Big Pine Creek     Big Pine Lake 138,600            33þlscoþlsc52.0'N
    95þlscoþlsc11.7'W
Pecan Bayou        Pecan Bayou   625,000          33þlscoþlsc41.1'N
    94þlscoþlsc58.7'W
Mud Creek          Liberty Hill                                97,700
    33þlscoþlsc33.0'N        94þlscoþlsc29.3'W
                   KVW Ranch
MÕA Creek          Lakes (3)                                    3,440
    33þlscoþlsc34.8'N        94þlscoþlsc27.3'W


         (b) Texas is apportioned the water of this subbasin and
         shall have unrestricted use thereof.
    SECTION 5.03  Subbasin 3 - Interstate Streams - Oklahoma and
Arkansas.
         (a) This subbasin includes Little River and its tributaries
         above Millwood Dam.
         (b) The States of Oklahoma and Arkansas shall have free and
         unrestricted use of the water of this subbasin within their
         respective states, subject, however, to the limitation that
         Oklahoma shall allow a quantity of water equal to forty
         percent (40%) of the total runoff originating below the
         following existing, authorized or proposed last downstream
         major damsites in Oklahoma to flow into Arkansas:


                 Location
   Stream          Site                                         Ac-ft
    Latitude       Longitude


Little River       Pine Creek                                  70,500
    34þlscoþlsc06.8'N   95þlscoþlsc04.9'W
Glover Creek       Lukfata       258,600            34þlscoþlsc08.5'N
    94þlscoþlsc55.4'W
Mountain Fork
  River            Broken Bow    470,100            34þlscoþlsc08.9'N
    94þlscoþlsc41.2'W


         (c) Accounting will be on an annual basis unless otherwise
         deemed necessary by the States of Arkansas and Oklahoma.
    SECTION 5.04  Subbasin 4 - Interstate streams - Texas and
Arkansas.
         (a) This subbasin shall consist of those streams and their
         tributaries above existing, authorized or proposed last
         downstream major damsites, originating in Texas and crossing
         the Texas-Arkansas state boundary before flowing into the
         Red River in Arkansas.  These streams and their tributaries
         with existing, authorized or proposed last downstream major
         damsites are as follows:


                 Location
   Stream          Site                                         Ac-ft
    Latitude       Longitude


McKinney
  Bayou Trib.      Bringle Lake                                 3,052
    33þlscoþlsc30.6'N   94þlscoþlsc06.2'W
                   Barkman
Barkman Creek      Reservoir                                   15,900
    33þlscoþlsc29.7'N   94þlscoþlsc10.3'W
Sulphur River      Texarkana     386,900            33þlscoþlsc18.3'N
    94þlscoþlsc09.6'W


         (b) The State of Texas shall have the free and unrestricted
         use of the water of this subbasin.
    SECTION 5.05  Subbasin 5 - Main stem of the Red River and
tributaries.
         (a) This subbasin includes that portion of the Red River,
         together with its tributaries, from Denison Dam down to the
         Arkansas-Louisiana state boundary, excluding all tributaries
         included in the other four subbasins of Reach II.
         (b) Water within this subbasin is allocated as follows:
              (1) The Signatory States shall have equal rights to the
              use of runoff originating in subbasin 5 and
              undesignated water flowing into subbasin 5, so long as
              the flow of the Red River at the Arkansas-Louisiana
              state boundary is 3,000 cubic feet per second or more,
              provided no state is entitled to more than twenty-five
              percent (25%) of the water in excess of 3,000 cubic
              feet per second.
              (2) Whenever the flow of the Red River at the
              Arkansas-Louisiana state boundary is less than 3,000
              cubic feet per second, but more than 1,000 cubic feet
              per second, the States of Arkansas, Oklahoma, and Texas
              shall allow to flow into the Red River for delivery to
              the State of Louisiana a quantity of water equal to
              forty percent (40%) of the total weekly runoff
              originating in subbasin 5 and forty percent (40%) of
              undesignated water flowing into subbasin 5; provided,
              however, that this requirement shall not be interpreted
              to require any state to release stored water.
              (3) Whenever the flow of the Red River at the
              Arkansas-Louisiana state boundary falls below 1,000
              cubic feet per second, the States of Arkansas,
              Oklahoma, and Texas shall allow a quantity of water
              equal to all the weekly runoff originating in subbasin
              5 and all undesignated water flowing into subbasin 5
              within their respective states to flow into the Red
              River as required to maintain a 1,000 cubic foot per
              second flow at the Arkansas-Louisiana state boundary.
         (c) Whenever the flow at Index, Arkansas, is less than 526
         cfs, the States of Oklahoma and Texas shall each allow a
         quantity of water equal to forty percent (40%) of the total
         weekly runoff originating in subbasin 5 within their
         respective states to flow into the Red River; provided
         however, this provision shall be invoked only at the request
         of Arkansas, only after Arkansas has ceased all diversions
         from the Red River itself in Arkansas above Index, and only
         if the provisions of subsections 5.05 (b) (2) and (3) have
         not caused a limitation of diversions in subbasin 5.
         (d) No state guarantees to maintain a minimum low flow to a
         downstream state.
    SECTION 5.06  Special Provisions.
         (a) Reservoirs within the limits of Reach II, subbasin 5,
         with a conservation storage capacity of 1,000 acre-feet or
         less in existence or authorized on the date of the Compact
         pursuant to the rights and privileges granted by a Signatory
         State authorizing such reservoirs, shall be exempt from the
         provisions of Section 5.05; provided, if any right to store
         water in, or use water from, an existing exempt reservoir
         expires or is cancelled after the effective date of the
         Compact the exemption for such rights provided by this
         section shall be lost.
         (b) A Signatory State may authorize a change in the purpose
         or place of use of water from a reservoir exempted by
         subparagraph (a) of this section without losing that
         exemption, if the quantity of authorized use and storage is
         not increased.
         (c) Additionally, exemptions from the provisions of Section
         5.05 shall not apply to direct diversions from Red River to
         off-channel reservoirs or lands.

                             ARTICLE VI
                 APPORTIONMENT OF WATER - REACH III
                   ARKANSAS, LOUISIANA, AND TEXAS
      Subdivision of Reach III and allocation of water therein.
Reach III of the Red River is divided into topographic subbasins, and
the water therein allocated, as follows:
    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 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
         þlscSubdivision of Reach IV and allocation of water therein.
þlscReach 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


                   Lake
Ouachita River     Catherine                                   19,000
    34þlscoþlsc26.6'N        93þlscoþlsc01.6'W
Caddo River        DeGray Lake 1,377,000            34þlscoþlsc13.2'N
    93þlscoþlsc06.6'W
Little Missouri
  River            Lake Greeson  600,000          34þlscoþlsc08.9'N
    93þlscoþlsc42.9'W
Alum Fork,
  Saline River     Lake Winona    63,264          32þlscoþlsc47.8'N
    92þlscoþlsc51.0'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
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
         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
         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
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
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 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.