WATER CODE
TITLE 3. RIVER COMPACTS
CHAPTER 41. RIO GRANDE COMPACT
§ 41.001. RATIFICATION. The Rio Grande Compact, the
text of which is set out in Section 41.009 of this code, was
ratified by the legislature of this state in Chapter 3, page 531,
Special Laws, Acts of the 46th Legislature, 1939, after having been
signed at Santa Fe, New Mexico, on March 18, 1938, by M.C.
Hinderlider, commissioner for the State of Colorado, Thos. M.
McClure, commissioner for the State of New Mexico, and Frank B.
Clayton, commissioner for the State of Texas, and approved by S.O.
Harper, commissioner representing the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.002. ORIGINAL COPY. An original copy of the
compact is on file in the office of the secretary of state.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.003. COMMISSIONER. The governor, with the advice
and consent of the senate, shall appoint a commissioner to
represent this state on the commission established by Article XII
of the compact.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.004. TERM OF OFFICE. The commissioner holds office
for a term of six (6) years and until his successor is appointed and
has qualified.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 2504, ch. 823, § 1, eff. June
8, 1971.
§ 41.005. OATH. The commissioner shall take the
constitutional oath of office and shall also take an oath to
faithfully perform his duties as commissioner.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.006. COMPENSATION; EXPENSES. The commissioner is
entitled to compensation as provided by legislative appropriation.
On submission of detailed, sworn accounts, he is entitled to
reimbursement for actual expenses incurred while traveling in the
discharge of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The
commissioner, in conjunction with the other members of the
commission and as authorized by legislative appropriation, may
employ engineering and clerical personnel and may incur necessary
office expenses and other expenses incident to the proper
performance of his duties and the proper administration of the
compact. However, the commissioner shall not incur any financial
obligation on behalf of this state until the legislature has
authorized and appropriated money for the obligation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.008. POWERS AND DUTIES. The commissioner is
responsible for administering the provisions of the compact, and he
has all the powers and duties prescribed by the compact.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 41.0081. NOTICE OF COMPACT MEETINGS. For
informational purposes, the commissioner shall file with the
secretary of state notice of compact meetings for publication in
the Texas Register.
Added by Acts 1985, 69th Leg., ch. 609, § 1, eff. Sept. 1, 1985.
§ 41.0082. COOPERATION OF TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION. The Texas Natural Resource Conservation
Commission shall cooperate with the commissioner in the performance
of his duties and shall furnish him any available data and
information he needs.
Added by Acts 1985, 69th Leg., ch. 609, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 34, eff. June 19,
1987; Acts 1995, 74th Leg., ch. 76, § 11.314, eff. Sept. 1,
1995.
§ 41.009. TEXT OF COMPACT. The Rio Grande Compact reads
as follows:
RIO GRANDE COMPACT
The State of Colorado, the State of New Mexico, and the State
of Texas, desiring to remove all causes of present and future
controversy among these States and between citizens of one of these
States and citizens of another State with respect to the use of the
waters of the Rio Grande above Fort Quitman, Texas, and being moved
by considerations of interstate comity, and for the purpose of
effecting an equitable apportionment of such waters, have resolved
to conclude a Compact for the attainment of these purposes, and to
that end, through their respective Governors, have named as their
respective Commissioners:
For the State of Colorado--M.C. Hinderlider
For the State of New Mexico--Thomas M. McClure
For the State of Texas--Frank B. Clayton
who, after negotiations participated in by S.O. Harper, appointed
by the President as the representative of the United States of
America, have agreed upon the following Articles, to wit:
Article I
(a) The State of Colorado, the State of New Mexico, the
State of Texas, and the United States of America, are hereinafter
designated "Colorado," "New Mexico," "Texas," and the "United
States," respectively.
(b) "The Commission" means the agency created by this
Compact for the administration thereof.
(c) The term "Rio Grande Basin" means all of the territory
drained by the Rio Grande and its tributaries in Colorado, in New
Mexico, and in Texas above Fort Quitman, including the Closed Basin
in Colorado.
(d) The "Closed Basin" means that part of the Rio Grande
Basin in Colorado where the streams drain into the San Luis Lakes
and adjacent territory, and do not normally contribute to the flow
of the Rio Grande.
(e) The term "tributary" means any stream which naturally
contributes to the flow of the Rio Grande.
(f) "Transmountain Diversion" is water imported into the
drainage basin of the Rio Grande from any stream system outside of
the Rio Grande Basin, exclusive of the Closed Basin.
(g) "Annual Debits" are the amounts by which actual
deliveries in any calendar year fall below scheduled deliveries.
(h) "Annual Credits" are the amounts by which actual
deliveries in any calendar year exceed scheduled deliveries.
(i) "Accrued Debits" are the amounts by which the sum of all
annual debits exceeds the sum of all annual credits over any common
period of time.
(j) "Accrued Credits" are the amounts by which the sum of
all annual credits exceeds the sum of all annual debits over any
common period of time.
(k) "Project Storage" is the combined capacity of Elephant
Butte Reservoir and all other reservoirs actually available for the
storage of usable water below Elephant Butte and above the first
diversion to lands of the Rio Grande Project, but not more than a
total of two million, six hundred and thirty-eight thousand, eight
hundred and sixty (2,638,860) acre-feet.
(l) "Usable Water" is all water, exclusive of credit water,
which is in project storage and which is available for release in
accordance with irrigation demands, including deliveries to
Mexico.
(m) "Credit Water" is that amount of water in project
storage which is equal to the accrued credit of Colorado or New
Mexico or both.
(n) "Unfilled Capacity" is the difference between the total
physical capacity of project storage and the amount of usable water
then in storage.
(o) "Actual Release" is the amount of usable water released
in any calendar year from the lowest reservoir comprising project
storage.
(p) "Actual Spill" is all water which is actually spilled
from Elephant Butte Reservoir, or is released therefrom for flood
control, in excess of the current demand on project storage and
which does not become usable water by storage in another reservoir;
provided, that actual spill of usable water cannot occur until all
credit water shall have been spilled.
(q) "Hypothetical Spill" is the time in any year at which
usable water would have spilled from project storage if seven
hundred and ninety thousand (790,000) acre-feet had been released
therefrom at rates proportional to the actual release in every year
from the starting date to the end of the year in which hypothetical
spill occurs; in computing hypothetical spill the initial
condition shall be the amount of usable water in project storage at
the beginning of the calendar year following the effective date of
this Compact, and thereafter the initial condition shall be the
amount of usable water in project storage at the beginning of the
calendar year following each actual spill.
The Commission shall cause to be maintained and operated a
stream gaging station equipped with an automatic water stage
recorder at each of the following points, to wit:
Article II
(a) On the Rio Grande near Del Norte above the principal
points of diversion to the San Luis Valley;
(b) On the Conejos River near Mogote;
(c) On the Los Pinos River near Ortiz;
(d) On the San Antonio River at Ortiz;
(e) On the Conejos River at its mouths near Los Sauces;
(f) On the Rio Grande near Lobatos;
(g) On the Rio Chama below El Vado Reservoir;
(h) On the Rio Grande at Otowi Bridge near San Ildefonso;
(i) On the Rio Grande near San Acacia;
(j) On the Rio Grande at San Marcial;
(k) On the Rio Grande below Elephant Butte Reservoir;
(l) On the Rio Grande below Caballo Reservoir.
Similar gaging stations shall be maintained and operated
below any other reservoir constructed after 1929, and at such other
points as may be necessary for the securing of records required for
the carrying out of the Compact; and automatic water stage
recorders shall be maintained and operated on each of the
reservoirs mentioned, and on all others constructed after 1929.
Such gaging stations shall be equipped, maintained, and
operated by the Commission directly or in cooperation with an
appropriate Federal or State agency, and the equipment, method and
frequency of measurement at such stations shall be such as to
produce reliable records at all times.
Article III
The obligation of Colorado to deliver water in the Rio Grande
at the Colorado-New Mexico State Line, measured at or near Lobatos,
in each calendar year, shall be ten thousand (10,000) acre-feet
less than the sum of those quantities set forth in the two (2)
following tabulations of relationship, which correspond to the
quantities at the upper index stations:
Discharge of Conejos River
Quantities in thousands of acre-feetConejos Index Supply (1) Conejos River at Mouths (2)
100 0
150 20
200 45
250 75
300 109
350 147
400 188
450 232
500 278
550 326
600 376
650 426
700 476
Intermediate quantities shall be computed by proportional parts.
(1) Conejos Index Supply is the natural flow of Conejos
River at the U.S.G.S. gaging station near Mogote during the
calendar year, plus the natural flow of Los Pinos River at the
U.S.G.S. gaging station near Ortiz and the natural flow of San
Antonio River at the U.S.G.S. gaging station at Ortiz, both during
the months of April to October, inclusive.
(2) Conejos River at mouths is the combined discharge of
branches of this River at the U.S.G.S. gaging stations near Los
Sauces during the calendar year.
Discharge of Rio Grande exclusive of Conejos River
Quantities in thousands of acre-feetRio Grande at Del Norte (3) Rio Grande at Lobatos lessConejos at
Mouths (4)
200 60
250 65
300 75
350 86
400 98
450 112
500 127
550 144
600 162
650 182
700 204
750 229
800 257
850 292
900 335
950 380
1,000 430
1,100 540
1,200 640
1,300 740
1,400 840
Intermediate quantities shall be computed by proportional parts.
(3) Rio Grande at Del Norte is the recorded flow of the Rio
Grande at the U.S.G.S. gaging station near Del Norte during the
calendar year (measured above all principal points of diversion to
San Luis Valley) corrected for the operation of reservoirs
constructed after 1937.
(4) Rio Grande at Lobatos less Conejos at mouths is the
total flow of the Rio Grande at the U.S.G.S. gaging station near
Lobatos, less the discharge of Conejos River at its mouths, during
the calendar year.
The application of these schedules shall be subject to the
provisions hereinafter set forth and appropriate adjustments shall
be made for (a) any change in location of gaging station; (b) any
new or increased depletion of the runoff above inflow index gaging
stations; and (c) any transmountain diversions into the drainage
basin of the Rio Grande above Lobatos.
In any event any works are constructed after 1937 for the
purpose of delivering water into the Rio Grande from the Closed
Basin, Colorado shall not be credited with the amount of such water
delivered, unless the proportion of sodium ions shall be less than
forty-five (45) percent of the total positive ions in that water
when the total dissolved solids in such water exceeds three hundred
and fifty (350) parts per million.
Article IV
The obligation of New Mexico to deliver water in the Rio
Grande at San Marcial, during each calendar year, exclusive of the
months of July, August, and September, shall be that quantity set
forth in the following tabulation of relationship, which
corresponds to the quantity at the upper index station:
Discharge of Rio Grande at Otowi Bridge and at San Marcial exclusive
of July, August, and September
Quantities in thousands of acre-feetOtowi Index Supply (5) San Marcial Index Supply (6)
100 0
200 65
300 141
400 219
500 300
600 383
700 469
800 557
900 648
1000 742
1100 839
1200 939
1300 1042
1400 1148
1500 1257
1600 1370
1700 1489
1800 1608
1900 1730
2000 1856
2100 1985
2200 2117
2300 2253
Intermediate quantities shall be computed by proportional parts.
(5) The Otowi Index Supply is the recorded flow of the Rio
Grande at the U.S.G.S. gaging station at Otowi Bridge near San
Ildefonso (formerly station near Buckman) during the calendar year,
exclusive of the flow during the months of July, August, and
September, corrected for the operation of reservoirs constructed
after 1929 in the drainage basin of the Rio Grande between Lobatos
and Otowi Bridge.
(6) San Marcial Index Supply is the recorded flow of the Rio
Grande at the gaging station at San Marcial during the calendar year
exclusive of the flow during the months of July, August, and
September.
The application of this schedule shall be subject to the
provisions hereinafter set forth and appropriate adjustments shall
be made for (a) any change in location of gaging stations; (b)
depletion after 1929 in New Mexico at any time of the year of the
natural runoff at Otowi Bridge; (c) depletion of the runoff during
July, August, and September of tributaries between Otowi Bridge and
San Marcial, by works constructed after 1937; and (d) any
transmountain diversions into the Rio Grande between Lobatos and
San Marcial.
Concurrent records shall be kept of the flow of the Rio Grande
at San Marcial, near San Acacia, and of the release from Elephant
Butte Reservoir, to the end that the records at these three (3)
stations may be correlated.
Article V
If at any time it should be the unanimous finding and
determination of the Commission that because of changed physical
conditions, or for any other reason, reliable records are not
obtainable, or cannot be obtained, at any of the stream gaging
stations herein referred to, such stations may, with the unanimous
approval of the Commission, be abandoned, and with such approval
another station, or other stations, shall be established and new
measurements shall be substituted which, in the unanimous opinion
of the Commission, will result in substantially the same results,
so far as the rights and obligations to deliver water are concerned,
as would have existed if such substitution of stations and
measurements had not been so made.
Article VI
Commencing with the year following the effective date of this
Compact, all credits and debits of Colorado and New Mexico shall be
computed for each calendar year; provided, that in a year of actual
spill no annual credits nor annual debits shall be computed for that
year.
In the case of Colorado, no annual debit nor accrued debit
shall exceed one hundred thousand (100,000) acre-feet, except as
either or both may be caused by holdover storage water in reservoirs
constructed after 1937 in the drainage basin of the Rio Grande above
Lobatos. Within the physical limitations of storage capacity in
such reservoirs, Colorado shall retain water in storage at all
times to the extent of its accrued debit.
In the case of New Mexico, the accrued debit shall not exceed
two hundred thousand (200,000) acre-feet at any time, except as
such debit may be caused by holdover storage of water in reservoirs
constructed after 1929 in the drainage basin of the Rio Grande
between Lobatos and San Marcial. Within the physical limitations
of storage capacity in such reservoirs, New Mexico shall retain
water in storage at all times to the extent of its accrued debit. In
computing the magnitude of accrued credits or debits, New Mexico
shall not be charged with any greater debit in any one year than the
sum of one hundred and fifty thousand (150,000) acre-feet and all
gains in the quantity of water in storage in such year.
The Commission by unanimous action may authorize the release
from storage of any amount of water which is then being held in
storage by reason of accrued debits of Colorado or New Mexico;
provided, that such water shall be replaced at the first
opportunity thereafter.
In computing the amount of accrued credits and accrued debits
of Colorado or New Mexico, any annual credits in excess of one
hundred and fifty thousand (150,000) acre-feet shall be taken as
equal to that amount.
In any year in which actual spill occurs, the accrued credits
of Colorado or New Mexico, or both, at the beginning of the year
shall be reduced in proportion to their respective credits by the
amount of such actual spill; provided, that the amount of actual
spill shall be deemed to be increased by the aggregate gain in the
amount of water in storage, prior to the time of spill, in
reservoirs above San Marcial constructed after 1929; provided,
further, that if the Commissioners for the States having accrued
credits authorize the release of part, or all, of such credits in
advance of spill, the amount so released shall be deemed to
constitute actual spill.
In any year in which there is actual spill of usable water, or
at the time of hypothetical spill thereof, all accrued debits of
Colorado or New Mexico, or both, at the beginning of the year shall
be cancelled.
In any year in which the aggregate of accrued debits of
Colorado and New Mexico exceeds the minimum unfilled capacity of
project storage, such debits shall be reduced proportionally to an
aggregate amount equal to such minimum unfilled capacity.
To the extent that accrued credits are impounded in
reservoirs between San Marcial and Courchesne, and to the extent
that accrued debits are impounded in reservoirs above San Marcial,
such credits and debits shall be reduced annually to compensate for
evaporation losses in the proportion that such credits or debits
bore to the total amount of water in such reservoirs during the
year.
Article VII
Neither Colorado nor New Mexico shall increase the amount of
water in storage in reservoirs constructed after 1929 whenever
there is less than four hundred thousand (400,000) acre-feet of
usable water in project storage; provided, that if the actual
releases of usable water from the beginning of the calendar year
following the effective date of this Compact, or from the beginning
of the calendar year following actual spill, have aggregated more
than an average of seven hundred and ninety thousand (790,000)
acre-feet per annum, the time at which such minimum stage is reached
shall be adjusted to compensate for the difference between the
total actual release and releases at such average rate; provided,
further, that Colorado or New Mexico, or both, may relinquish
accrued credits at any time, and Texas may accept such relinquished
water, and in such event the State or States so relinquishing shall
be entitled to store water in the amount of the water so
relinquished.
Article VIII
During the month of January of any year the Commissioner for
Texas may demand of Colorado and New Mexico, and the Commissioner
for New Mexico may demand of Colorado, the release of water from
storage reservoirs constructed after 1929 to the amount of the
accrued debits of Colorado and New Mexico, respectively, and such
releases shall be made by each at the greatest rate practicable
under the conditions then prevailing, and in proportion to the
total debit of each, and in amounts, limited by their accrued
debits, sufficient to bring the quantity of usable water in project
storage to six hundred thousand (600,000) acre-feet by March 1st
and to maintain this quantity in storage until April 30th, to the
end that a normal release of seven hundred and ninety thousand
(790,000) acre-feet may be made from project storage in that year.
Article IX
Colorado agrees with New Mexico that in event the United
States or the State of New Mexico decides to construct the necessary
works for diverting the waters of the San Juan River, or any of its
tributaries, into the Rio Grande, Colorado hereby consents to the
construction of said works and the diversion of waters from the San
Juan River, or the tributaries thereof, into the Rio Grande in New
Mexico, provided the present and prospective uses of water in
Colorado by other diversions from the San Juan River, or its
tributaries, are protected.
Article X
In the event water from another drainage basin shall be
imported into the Rio Grand Basin by the United States or Colorado
or New Mexico, or any of them jointly, the State having the right to
the use of such water shall be given proper credit therefor in the
application of the schedules.
Article XI
New Mexico and Texas agree that upon the effective date of
this Compact all controversies between said States relative to the
quantity or quality of the water of the Rio Grande are composed and
settled; however, nothing herein shall be interpreted to prevent
recourse by a signatory State to the Supreme Court of the United
States for redress should the character or quality of the water, at
the point of delivery, be changed hereafter by one signatory State
to the injury of another. Nothing herein shall be construed as an
admission by any signatory State that the use of water for
irrigation causes increase of salinity for which the user is
responsible in law.
Article XII
To administer the provisions of this Compact there shall be
constituted a Commission composed of one representative from each
State, to be known as the Rio Grande Compact Commission. The State
Engineer of Colorado shall be ex-officio the Rio Grande Compact
Commissioner for Colorado. The State Engineer of New Mexico shall
be ex-officio the Rio Grande Compact Commissioner for New Mexico.
The Rio Grande Compact Commissioner for Texas shall be appointed by
the Governor of Texas. The President of the United States shall be
requested to designate a representative of the United States to sit
with such Commission, and such Representative of the United States,
if so designated by the President, shall act as Chairman of the
Commission without vote.
The salaries and personal expenses of the Rio Grande Compact
Commissioners for the three (3) States shall be paid by their
respective States, and all other expenses incident to the
administration of this Compact, not borne by the United States,
shall be borne equally by the three (3) States.
In addition to the powers and duties hereinbefore
specifically conferred upon such Commission and the Members
thereof, the jurisdiction of such Commission shall extend only to
the collection, correlation, and presentation of factual data and
the maintenance of records having a bearing upon the administration
of this Compact, and, by unanimous action, to the making of
recommendations to the respective States upon matters connected
with the administration of this Compact. In connection therewith,
the Commission may employ such engineering and clerical aid as may
be reasonably necessary within the limit of funds provided for that
purpose by the respective States. Annual reports compiled for each
calendar year shall be made by the Commission and transmitted to the
Governors of the signatory States on or before March 1st following
the year covered by the report. The Commission may, by unanimous
action, adopt rules and regulations consistent with the provisions
of this Compact to govern their proceedings.
The findings of the Commission shall not be conclusive in any
Court or tribunal which may be called upon to interpret or enforce
this Compact.
Article XIII
At the expiration of every five-year period after the
effective date of this Compact, the Commission may, by unanious
consent, review any provisions hereof which are not substantive in
character and which do not affect the basic principles upon which
the Compact is founded, and shall meet for the consideration of such
questions on the request of any member of the Commission; provided,
however, that the provisions hereof shall remain in full force and
effect until changed and amended within the intent of the Compact by
unanimous action of the Commissioners, and until any changes in
this Compact are ratified by the Legislatures of the respective
States and consented to by the Congress, in the same manner as this
Compact is required to be ratified to become effective.
Article XIV
The schedules herein contained and the quantities of water
herein allocated shall never be increased nor diminished by reason
of any increase or diminution in the delivery or loss of water to
Mexico.
Article XV
The physical and other conditions characteristic of the Rio
Grande and peculiar to the territory drained and served thereby,
and to the development thereof, have actuated this Compact and none
of the signatory States admits that any provisions herein contained
establishes any general principle or precedent applicable to other
interstate streams.
Article XVI
Nothing in this Compact shall be construed as affecting the
obligations of the United States of America to Mexico under
existing treaties, or to the Indian Tribes, or as impairing the
Rights of the Indian Tribes.
Article XVII
This Compact shall become effective when ratified by the
Legislatures of each of the signatory States and consented to by the
Congress of the United States. Notice of ratification shall be
given by the Governor of each State to the Governors of the other
States and to the President of the United States, and the President
of the United States is requested to give notice to the Governors of
each of the signatory States of the consent of the Congress of the
United States.
IN WITNESS WHEREOF, The Commissioners have signed this
Compact in quadruplicate original, one of which shall be deposited
in the archives of the Department of State of the United States of
America and shall be deemed the authoritative original, and of
which a duly certified copy shall be forwarded to the Governor of
each of the signatory States.
Done at the City of Sante Fe, in the State of New Mexico, on
the 18th day of March, in the year of our Lord, One Thousand Nine
Hundred and Thirty-eight.
(Signed) M.C. Hinderlider
(Signed) Thomas M. McClure
(Signed) Frank B. Clayton
Approved:
(Signed) S.O. Harper
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
