WATER CODE
CHAPTER 44. SABINE RIVER COMPACT
§ 44.001. RATIFICATION. The Sabine River Compact, the
text of which is set out in Section 44.010 of this code, was
ratified by the legislature of this state in Chapter 63, Acts of the
53rd Legislature, Regular Session, 1953, after having been signed
at Logansport, Louisiana, on January 26, 1953, by Roy T. Sessums,
representative for the State of Louisiana, and Henry L. Woodworth
and John W. Simmons, representatives for the State of Texas, and
approved by Louis W. Prentiss, representative of the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.002. 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.
§ 44.003. MEMBERS. The governor, with the advice and
consent of the senate, shall appoint two members to represent this
state on the administration established by Article VII of the
compact.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.004. TERMS OF OFFICE. The members hold office for
staggered terms of six years, with the term of one member expiring
every three years. Each member holds office until his successor is
appointed and has qualified.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.005. OATH. Each member shall take the
constitutional oath of office and shall also take an oath to
faithfully perform his duties as a member of the compact
administration.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.006. COMPENSATION; EXPENSES. Each member is
entitled to compensation as provided by legislative appropriation
and to reimbursement for actual expenses incurred in the discharge
of his or her duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 5, ch. 4, § 1, eff. Feb. 22,
1979.
§ 44.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The
members may make investigations and appoint engineering, legal, and
clerical employees as necessary to protect the interest of this
state and to carry out and enforce the compact. They may incur
necessary office expenses and other expenses incident to the proper
performance of their duties and the proper administration of the
compact.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.0071. NOTICE OF COMPACT MEETINGS. For
informational purposes, the commissioners shall file with the
secretary of state notice of compact meetings for publication in
the Texas Register.
Added by Acts 1985, 69th Leg., ch. 222, § 1, eff. Sept. 1, 1985.
§ 44.008. POWERS AND DUTIES. (a) The members are
responsible for administering the provisions of the compact, and
have all the powers and duties prescribed by the compact.
(b) The members may meet and confer with the Louisiana
members at any place the administration considers proper.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 44.009. COOPERATION OF TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION. The Texas Natural Resource Conservation
Commission shall cooperate with the members in the performance of
their duties and shall furnish them any available data and
information they need.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1985, 69th Leg., ch. 222, § 2, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 795, § 1.135, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 977, § 34, eff. June 19, 1987;
Acts 1995, 74th Leg., ch. 76, § 11.317, eff. Sept. 1, 1995.
§ 44.010. TEXT OF COMPACT. The Sabine River Compact
reads as follows:
SABINE RIVER COMPACT
Entered Into by the States of
LOUISIANA
and
TEXAS Logansport, Louisiana
January 26, 1953
SABINE RIVER COMPACT
The State of Texas and the State of Louisiana, parties
signatory to this Compact (hereinafter referred to as "Texas" and
"Louisiana", respectively, or individually as a "State", or
collectively as the "States"), having resolved to conclude a
compact with respect to the waters of the Sabine River, and having
appointed representatives as follows:For Texas: Henry L. Woodworth, Interstate Compact
Commissioner for Texas; and John W.
Simmons, President of the Sabine River
Authority of Texas;
For Louisiana: Roy T. Sessums, Director of the
Department of Public Works of the State
of Louisiana;
and consent to negotiate and enter into the said Compact having been
granted by Act of the Congress of the United States approved
November 1, 1951 (Public Law No. 252; 82nd Congress, First
Session), and pursuant thereto the President having designated
Louis W. Prentiss as the representative of the United States, the
said representatives for Texas and Louisiana, after negotiations
participated in by the representative of the United States, have
for such Compact agreed upon Articles as hereinafter set forth. The
major purposes of this Compact are to provide for an equitable
apportionment between the States of Louisiana and Texas of the
waters of the Sabine River and its tributaries, thereby removing
the causes of present and future controversy between the States
over the conservation and utilization of said waters; to encourage
the development, conservation and utilization of the water
resources of the Sabine River and its tributaries; and to establish
a basis for cooperative planning and action by the States for the
construction, operation and maintenance of projects for water
conservation and utilization purposes on that reach of the Sabine
River touching both States, and for apportionment of the benefits
therefrom.
ARTICLE I
As used in this Compact:
(a) The word "Stateline" means the point on the Sabine River
where its waters in downstream flow first touch the States of both
Louisiana and Texas.
(b) The term "waters of the Sabine River" means the waters
either originating in the natural drainage basin of the Sabine
River, or appearing as streamflow in said River and its
tributaries, from its headwater source down to the mouth of the
River where it enters into Sabine Lake.
(c) The term "Stateline flow" means the flow of waters of
the Sabine River as determined by the Logansport gauge located on
the U.S. Highway 84, approximately four (4) river miles downstream
from the Stateline. This flow, or the flow as determined by such
substitute gauging station as may be established by the
Administration, as hereinafter defined, pursuant to the provisions
of Article VII of this Compact, shall be deemed the actual Stateline
flow.
(d) The term "Stateline reach" means that portion of the
Sabine River lying between the Stateline and Sabine Lake.
(e) The term "the Administration" means the Sabine River
Compact Administration established under Article VII.
(f) The term "Domestic use" means the use of water by an
individual, or by a family unit or household for drinking, cooking,
laundering, sanitation and other personal comforts and
necessities; and for the irrigation of an area not to exceed one
acre, obtained directly from the Sabine River or its tributaries by
an individual or family unit, not supplied by a water company, water
district or municipality.
(g) The term "stock water use" means the use of water for any
and all livestock and poultry.
(h) The term "consumptive use" means use of water resulting
in its permanent removal from the stream.
(i) The terms "domestic" and "stock water" reservoir mean
any reservoir for either or both of such uses having a storage
capacity of fifty (50) acre feet or less.
(j) "Stored water" means water stored in reservoirs
(exclusive of domestic or stock water reservoirs) or water
withdrawn or released from reservoirs for specific uses and the
identifiable return flow from such uses.
(k) The term "free water" means all waters other than
"stored waters" in the Stateline reach including, but not limited
to, that appearing as natural stream flow and not withdrawn or
released from a reservoir for specific uses. Waters released from
reservoirs for the purpose of maintaining stream flows as provided
in Article V, shall be "free water". All reservoir spills or
releases of stored waters made in anticipation of spills, shall be
free water.
(l) Where the name of the State or the term "State" is used
in this Compact, it shall be construed to include any person or
entity of any nature whatsoever of the States of Louisiana or Texas
using, claiming, or in any manner asserting any right to the use of
the waters of the Sabine River under the authority of that State.
(m) Wherever any State or Federal official or agency is
referred to in this Compact, such reference shall apply equally to
the comparable official or agency succeeding to their duties and
functions.
ARTICLE II
Subject to the provisions of Article X, nothing in this
Compact shall be construed as applying to, or interfering with, the
right or power of either signatory State to regulate within its
boundaries the appropriation, use and control of water, not
inconsistent with its obligation under this Compact.
ARTICLE III
Subject to the provisions of Article X, all rights to any of
the waters of the Sabine River which have been obtained in
accordance with the laws of the States are hereby recognized and
affirmed; provided, however, that withdrawals, from time to time,
for the satisfaction of such rights, shall be subject to the
availability of supply in accordance with the apportionment of
water provided under the terms of this Compact.
ARTICLE IV
Texas shall have free and unrestricted use of all waters of
the Sabine River and its tributaries above the Stateline subject,
however, to the provisions of Articles V and X.
ARTICLE V
Texas and Louisiana hereby agree upon the following
apportionment of the waters of the Sabine River:
(a) All free water in the Stateline reach shall be divided
equally between the two States, this division to be made without
reference to the origin.
(b) The necessity of maintaining a minimum flow at the
Stateline for the benefit of water users below the Stateline in both
States is recognized, and to this end it is hereby agreed that:
(1) Reservoirs and permits above the Stateline
existing as of January 1, 1953 shall not be liable for maintenance
of the flow at the Stateline.
(2) After January 1, 1953, neither State shall permit
or authorize any additional uses which would have the effect of
reducing the flow at the Stateline to less than 36 cubic feet per
second.
(3) Reservoirs on which construction is commenced
after January 1, 1953, above the Stateline shall be liable for their
share of water necessary to provide a minimum flow at the Stateline
of 36 cubic feet per second; provided, that no reservoir shall be
liable for a greater percentage of this minimum flow than the
percentage of the drainage area above the Stateline contributing to
that reservoir, exclusive of the watershed of any reservoir on
which construction was started prior to January 1, 1953. Water
released from Texas' reservoirs to establish the minimum flow of 36
cubic feet per second, shall be classed as free water at the
Stateline and divided equally between the two States.
(c) The right of each State to construct impoundment
reservoirs and other works of improvement on the Sabine River or its
tributaries located wholly within its boundaries is hereby
recognized.
(d) In the event that either State constructs reservoir
storage on the tributaries below Stateline after January 1, 1953,
there shall be deducted from that State's share of the flow in the
Sabine River all reductions in flow resulting from the operation of
the tributary storage and conversely such State shall be entitled
to the increased flow resulting from the regulation provided by
such storage.
(e) Each State shall have the right to use the main channel
of the Sabine River to convey water stored on the Sabine River or
its tributaries located wholly within its boundaries, downstream to
a desired point of removal without loss of ownership of such stored
waters. In the event that such water is released by a State through
the natural channel of a tributary and the channel of the Sabine
River to a downstream point of removal, a reduction shall be made in
the amount of water which can be withdrawn at the point of removal
equal to the transmission losses.
(f) Each State shall have the right to withdraw its share of
the water from the channel of the Sabine River in the Stateline
reach in accordance with Article VII. Neither State shall withdraw
at any point more than its share of the flow at that point except,
that pursuant to findings and determination of the Administration
as provided under Article VII of this Compact, either State may
withdraw more or less of its share of the water at any point
providing that its aggregate withdrawal shall not exceed its total
share. Withdrawals made pursuant to this paragraph shall not
prejudice or impair the existing rights of users of Sabine River
waters.
(g) Waters stored in reservoirs constructed by the States in
the Stateline reach shall be shared by each State in proportion to
its contribution to the cost of storage. Neither State shall have
the right to construct a dam on the Stateline reach without the
consent of the other State.
(h) Each State may vary the rate and manner of withdrawal of
its share of such jointly stored waters on the Stateline reach,
subject to meeting the obligations for amortization of the cost of
the joint storage. In any event, neither State shall withdraw more
than its prorata share in any one year (a year meaning a water year,
October 1st to September 30th) except by authority of the
Administration. All jointly stored water remaining at the end of a
water year shall be reapportioned between the States in the same
proportion as their contribution to the cost of the storage.
(i) Except for jointly stored water, as provided in (h)
above, each State must use its apportionment of the natural stream
flows as they occur and there shall be no allowance of accumulation
of credits or debits for or against either State. The failure of
either State to use the stream flow or any part thereof, the use of
which is apportioned to it under the terms of this Compact, shall
not constitute a relinquishment of the right to such use in the
future; conversely, the failure of either State to use the water at
the time it is available does not give it the right to the flow in
excess of its share of the flow at any other time.
(j) From the apportionment of waters of the Sabine River as
defined in this Article, there shall be excluded from such
apportionment all waters consumed in either State for domestic and
stock water uses. Domestic and stock water reservoirs shall be so
excluded.
(k) Each State may use its share of the water apportioned to
it in any manner that may be deemed beneficial by that State.
ARTICLE VI
(a) The States through their respective appropriate
agencies or subdivisions may construct jointly, or cooperate with
any agency or instrumentality of the United States in the
construction of works on the Stateline reach for the development,
conservation and utilization for all beneficial purposes of the
waters of the Sabine River.
(b) All monetary revenues growing out of any joint State
ownership, title and interest in works constructed under Section
(a) above, and accruing to the States in respect thereof, shall be
divided between the States in proportion to their respective
contributions to the cost of construction; provided however, that
each State shall retain undivided all its revenues from
recreational facilities within its boundaries incidental to the use
of the waters of the Sabine River, and from its severally
State-owned recreational facilities constructed appurtenant
thereto.
(c) All operation and maintenance costs chargeable against
any State ownership, title and interest in works constructed under
Section (a) above, shall be assessed in proportion to the
contribution of each State to the original cost of construction.
ARTICLE VII
(a) There is hereby created an interstate administrative
agency to be designated as the "Sabine River Compact
Administration" herein referred to as "the Administration".
(b) The Administration shall consist of two members from
each State and of one member as representative of the United States,
chosen by the President of the United States, who is hereby
requested to appoint such a representative. The United States
member shall be ex-officio chairman of the Administration without
vote and shall not be a domiciliary of or reside in either State.
The appointed members for Texas and Louisiana shall be designated
within thirty days after the effective date of this Compact.
(c) The Texas members shall be appointed by the Governor for
a term of six years; provided, however, that one of the original
Texas members shall be appointed for a term to establish a half-term
interval between the expiration dates of the terms of such members,
and thereafter one such member shall be appointed each three (3)
years for the regular term. The Louisiana members shall be
residents of the Sabine Watershed and shall be appointed by the
Governor for a term of four years, which shall run concurrent with
the term of the Governor. Each state member shall hold office
subject to the laws of his state or until his successor has been
duly appointed and qualified.
(d) Interim vacancy, for whatever cause, in the office of
any member of the Administration shall be filled for the unexpired
term in the same manner as hereinabove provided for regular
appointment.
(e) Within sixty days after the effective date of this
Compact, the Administration shall meet and organize. A quorum for
any meeting shall consist of three voting members of the
Administration. Each State member shall have one vote, and every
decision, authorization, determination, order or other action
shall require the concurring votes of at least three members.
(f) The Administration shall have power to:
(1) Adopt, amend and revoke by-laws, rules and
regulations, and prescribe procedures for administration of and
consistent with the provisions of this Compact;
(2) Fix and determine from time to time the location of
the Administration's principal office;
(3) Employ such engineering, legal, clerical and other
personnel, without regard to the civil service laws of either
State, as the Administration may determine necessary or proper to
supplement State-furnished assistance as hereinafter provided, for
the performance of its functions under this Compact; provided,
that such employees shall be paid by and be responsible to the
Administration and shall not be considered to be employees of
either State;
(4) Procure such equipment, supplies and technical
assistance as the Administration may determine to be necessary or
proper to supplement State-furnished assistance as hereinafter
provided, for the performance of its functions under this Compact;
(5) Adopt a seal which shall be judicially recognized.
(g) In cooperation with the chief official administering
water rights in each State and with appropriate Federal agencies,
the Administration shall have and perform powers and duties as
follows:
(1) To collect, analyze, correlate, compile and report
on data as to water supplies, stream flows, storage, diversions,
salvage and use of the waters of the Sabine River and its
tributaries, and as to all factual data necessary or proper for the
administration of this Compact;
(2) To designate as official stations for the
administration of this Compact such existing water gauging stations
(and to operate, maintain, repair and abandon the same), and to
locate, establish, construct, operate, maintain, repair and
abandon additional such stations, as the Administration may from
time to time find and determine necessary or appropriate;
(3) To make findings as to the deliveries of water at
Stateline as hereinabove provided, from the stream-flow records of
the Stateline gauge which shall be operated and maintained by the
Administration or in cooperation with the appropriate Federal
agency, for determination of the actual Stateline flow unless the
Administration shall find and determine that, because of changed
physical conditions or for any other reason, reliable records are
not obtainable thereat; in which case such existing Stateline
station may with the approval of the Administration be abandoned
and, with such approval, a substitute Stateline station established
in lieu thereof;
(4) To make findings as to the quantities of reservoir
storage (including joint storage) and releases therefrom,
diversions, transmission losses and as to incident stream-flow
changes, and as to the share of such quantities chargeable against
or allocable to the respective States;
(5) To record and approve all points of diversion at
which water is to be removed from the Sabine River or its
tributaries below the Stateline; provided that, in any case, the
State agency charged with the administration of the water laws for
the State in which such point of diversion is located shall first
have approved such point for removal or diversion; provided
further, that any such point of removal or diversion once jointly
approved by the appropriate State agency and the Administration,
shall not thereafter be changed without the joint amendatory
approval of such State agency and the Administration;
(6) To require water users at their expense to install
and maintain measuring devices of approved type in any ditch,
pumping station or other water diversion works on the Sabine River
or its tributaries below the Stateline, as the Administration may
determine necessary or proper for the purposes of this Compact;
provided that the chief official of each State charged with the
administration of water rights therein shall supervise the
execution and enforcement of the Administration's requirements for
such measuring devices;
(7) To investigate any violation of this Compact and
to report findings and recommendations thereon to the chief
official of the affected State charged with the administration of
water rights, or to the Governor of such State as the Administration
may deem proper;
(8) To acquire, hold, occupy and utilize such personal
and real property as may be necessary or proper for the performance
of its duties and functions under this Compact;
(9) To perform all functions required of the
Administration by this Compact, and to do all things necessary,
proper or convenient in the performance of its duties hereunder.
(h) Each State shall provide such available facilities,
supplies, equipment, technical information and other assistance as
the Administration may require to carry out its duties and
function, and the execution and enforcement of the Administration's
orders shall be the responsibility of the agents and officials of
the respective States charged with the administration of water
rights therein. State officials shall furnish pertinent factual
and technical data to the Administration upon its request.
(i) Findings of fact made by the Administration shall not be
conclusive in any court or before any agency or tribunal but shall
constitute prima facie evidence of such facts.
(j) In the case of a tie vote on any of the Administration's
determinations, orders or other actions subject to arbitration,
then arbitration shall be a condition precedent to any right of
legal action. Either side of a tie vote may, upon request, submit
the question to arbitration. If there shall be arbitration, there
shall be three arbitrators: one named in writing by each side, and
the third chosen by the two arbitrators so elected. If the
arbitrators fail to select a third within ten days, then he shall be
chosen by the Representative of the United States.
(k) The salaries, if any, and the personal expenses of each
member of the Administration, shall be paid by the Government which
he represents. All other expenses incident to the administration
of this Compact and which are not paid by the United States shall be
borne equally by the States. Ninety days prior to the Regular
Session of the Legislature of either State, the Administration
shall adopt and transmit to the Governor of such State for his
approval, its budget covering anticipated expenses for the
forthcoming biennium and the amount thereof payable by such State.
Upon approval by its Governor, each State shall appropriate and pay
the amount due by it to the Administration. The Administration
shall keep accurate accounts of all receipts and disbursements and
shall include a statement thereof, together with a certificate of
audit by a certified public accountant, in its annual report. Each
State shall have the right to make an examination and audit of the
accounts of the Administration at any time.
(l) The Administration shall, whenever requested, provide
access to its records by the Governor of either State or by the
chief official of either State charged therein with the
administration of water rights. The Administration shall annually
on or before January 15th of each year make and transmit to the
Governors of the signatory States, and to the President of the
United States, a report of the Administration's activities and
deliberations for the preceding year.
ARTICLE VIII
(a) This Compact shall become effective when ratified by the
Legislature and approved by the Governors of both States and when
approved by the Congress of the United States.
(b) The provisions of this Compact shall remain in full
force and effect until modified, altered or amended, or in the same
manner as hereinabove required for ratification thereof. The right
so to modify, alter or amend this Compact is expressly reserved.
This Compact may be terminated at any time by mutual consent of the
signatory States. In the event this Compact is terminated as herein
provided, all rights then vested hereunder shall continue
unimpaired.
(c) Should a court of competent jurisdiction hold any part
of this Compact to be contrary to the constitution of any signatory
State or of the United States of America, all other severable
provisions of this Compact shall continue in full force and effect.
ARTICLE IX
This Compact is made and entered into for the sole purpose of
effecting an equitable apportionment and providing beneficial uses
of the waters of the Sabine River, its tributaries and its
watershed, without regard to the boundary between Louisiana and
Texas, and nothing herein contained shall be construed as an
admission on the part of either State or any agency, commission,
department or subdivision thereof, respecting the location of said
boundary; and neither this Compact nor any data compiled for the
preparation or administration thereof shall be offered, admitted or
considered in evidence, in any dispute, controversy, or litigation
bearing upon the matter of the location of said boundary.
The term "Stateline" as defined in this Compact shall not be
construed to define the actual boundary between the State of Texas
and the State of Louisiana.
ARTICLE X
Nothing in this Compact shall be construed as affecting, in
any manner, any present or future rights or powers of the United
States, its agencies, or instrumentalities in, to and over the
waters of the Sabine River Basin.
IN WITNESS WHEREOF, the Representatives have executed this
Compact in three counterparts hereof, each of which shall be and
constitute an original, one of which shall be forwarded to the
Administrator, General Services Administration of the United
States of America and one of which shall be forwarded to the
Governor of each State.
DONE in the City of Logansport, in the State of Louisiana,
this 26th day of January, 1953. (SIGNED-- Henry L. Woodworth)
HENRY L. WOODWORTH,
Representative for the
State of Texas
(SIGNED-- John W. Simmons)
JOHN W. SIMMONS,
Representative for the
State of Texas
(SIGNED-- Roy T. Sessums)
ROY T. SESSUMS,
Representative for the
State of Louisiana
APPROVED:
(SIGNED--Louis W. Prentiss
s)
LOUIS W. PRENTISS,
Representative of the
United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 824, ch. 374, § 1, eff. June
12, 1973; Acts 1989, 71st Leg., ch. 885, § 1, eff. June 14, 1989.
