Boards, Commissions, Advisory Councils

Oklahoma Water Resources Board 82 O.S. Section 1085.1

82-1085.1. Creation - Status - Membership and tenure - Meetings - Removal - Vacancies - Oath - Officers. Oklahoma Statutes - Title 82. Waters and Water Rights Page 205

There is hereby created the Oklahoma Water Resources Board, hereinafter referred to as the Board, consisting of nine (9) members to be appointed by the Governor, by and with the advice and consent of the Senate. The Board shall constitute a body corporate and politic and an instrumentality, agency and department of the State of Oklahoma, and exercise by the Board of the powers conferred by this act shall be deemed and shall be held to be an essential governmental function of the State of Oklahoma. B. Beginning July 1, 2014, the membership of the Board shall transition from congressional district and at-large representation to regional representation as follows: 1. The Congressional District 1 position expiring in 2014 shall thereafter be represented by a person residing in Region 7 of the state which shall consist of Tulsa County; 2. The at-large member position expiring in 2014 shall thereafter be represented by a person residing in Region 4 of the state which shall consist of Carter, Cleveland, Garvin, Grady, Jefferson, Johnston, Love, Marshall, McClain, Murray, Pontotoc, Pottawatamie, Seminole and Stephens Counties; 3. The Congressional District 2 position expiring in 2015 shall thereafter be represented by a person residing in Region 8 of the state which shall consist of Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers, Sequoyah and Wagoner Counties; 4. The at-large position expiring in 2016 shall thereafter be represented by a person residing in Region 9 of the state which shall consist of Atoka, Bryan, Coal, Choctaw, Haskell, Hughes, Latimer, LeFlore, McCurtain, Pittsburg and Pushmataha Counties; 5. The Congressional District 4 position expiring in 2017 shall thereafter be represented by a person residing in Region 2 of the state which shall consist of Alfalfa, Blaine, Canadian, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills, Woods and Woodward Counties; 6. The Congressional District 5 position expiring in 2018 shall thereafter be represented by a person residing in Region 5 of the state which shall consist of Oklahoma County; 7. The at-large position expiring in 2018 shall represent Region 3 of the state which shall consist of Beckham, Caddo, Comanche, Cotton, Greer, Harmon, Jackson, Kiowa, Tillman and Washita Counties; 8. The Congressional District 3 position expiring in 2019 shall thereafter be represented by a person residing in Region 1 of the state which shall consist of Beaver, Cimarron and Texas Counties; and 9. The at-large member position expiring in 2020 shall thereafter be represented by a person residing Region 6 of the state which shall consist of Creek, Kay, Lincoln, Logan, Noble, Okfuskee, Osage, Pawnee, Payne and Washington Counties. Oklahoma Statutes - Title 82. Waters and Water Rights Page 206
All members appointed after the effective date of this act shall be appointed for terms of seven (7) years. D. If a member serving on the Board as of the effective date of this act resigns or is unable to complete the term of the member, the seat shall immediately transition to the applicable regional representation as provided for in subsection B of this section. E. Each member shall be a qualified elector of this state. At all times the membership of the Board shall have represented on it at least one member well versed in each of the following major types of water use: recreational, industrial, irrigational, municipal, rural residential, agricultural, soil conservation work and oil and gas production. Not more than two members may be selected representing any one of the major types of water use. The Board shall meet at least nine times per calendar year at the discretion of the chair with not more than two consecutive calendar months between meetings. The members of the Board may be removed only for cause. Whenever a vacancy shall occur, the Governor shall appoint a qualified person to fill the unexpired term of the vacant office. Upon entering, each member of the Board shall take and subscribe to the constitutional and statutory oath of office and file the same with the Secretary of State. F. The Board shall organize annually by electing a chair, vice- chair, and secretary from the membership of the Board, who shall perform such duties as shall be prescribed by the Board. Added by Laws 1972, c. 253, § 1. Amended by Laws 1982, c. 306, § 1, emerg. eff. May 28, 1982; Laws 1992, c. 364, § 12, emerg. eff. June 4, 1992; Laws 2002, c. 375, § 24, eff. Nov. 5, 2002; Laws 2013, c. 406, § 1, eff. July 1, 2014; Laws 2016, c. 78, § 1, emerg. eff. April 18, 2016.

Well Driller & Pump Installer Advisory Council 82 OS 1020.16(I)

82-1020.16. Commercial drilling or plugging license - Inspections - Deposit of fees - Penalties. A. All persons engaged in the commercial drilling or commercial plugging of groundwater wells, monitoring wells, observation wells, wells utilized for heat exchange purposes, including but not limited to heat pump wells and geothermal wells, and in the commercial drilling or plugging of geotechnical borings and all persons engaged in the commercial installation of water well pumps in this state shall make application for and become licensed with the Oklahoma Water Resources Board. Persons required to be licensed pursuant to Oklahoma Statutes - Title 82. Waters and Water Rights Page 196

this section shall pay an annual fee as required by the Board. The fees shall be deposited and expended as provided in subsection D of this section. B. The Board may prepare examinations and establish other requirements for applicants to obtain, maintain, and renew licenses and operator certifications. The examinations shall test the knowledge and skills of: 1. Water well drillers in the construction, alteration, and repair of wells and boreholes, including proper sealing and abandonment of wells and boreholes, and the rules promulgated by the Board regarding water well and borehole drilling and plugging; and 2. Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules promulgated by the Board regarding pump installation. C. The Board may inspect any water well, monitoring well, boring, water well pump, or abandoned well and borehole. Upon consent of the owner of the land on which the well or borehole is located or as allowed by district court order, authorized representatives of the Board may enter upon and shall be given access to the premises for the purpose of inspection. If the Board finds noncompliance with applicable laws or rules or that a health hazard exists, the Board may disapprove use of the well and shall provide notice to the owner of the land on which the well is located and to the well driller, if known, of the disapproval. If a well has been disapproved, it shall not be used until brought into compliance and any health hazard is eliminated. Any person aggrieved by the disapproval of a well may request a hearing before the Board. D. 1. There is hereby created within the Oklahoma Water Resources Board the Well Drillers and Pump Installers Remedial Action Indemnity Fund. The Indemnity Fund shall be administered by the Board. 2. The Indemnity Fund shall be excluded from budget and expenditure limitations. Except as otherwise provided by subsection E of this section, the monies deposited in the Indemnity Fund shall at no time become part of the general budget of the Oklahoma Water Resources Board or any other state agency. Except as otherwise provided by subsection E of this section, no monies from the Indemnity Fund shall be transferred for any purpose to any other state agency or any account of the Board or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expenses. Monies in the Indemnity Fund shall only be expended for remedial actions necessary, without notice and hearing, to protect groundwater from pollution or potential pollution from wells, or boreholes under the jurisdiction of the Board that do not meet minimum standards for construction or that have been Oklahoma Statutes - Title 82. Waters and Water Rights Page 197

abandoned or as may be recommended by the Well Drillers and Pump Installers Advisory Council. 3. The fees collected pursuant to subsection A of this section shall be first credited to the Well Drillers and Pump Installers Remedial Action Indemnity Fund. The Indemnity Fund shall be maintained at Fifty Thousand Dollars ($50,000.00). 4. Expenditures from the Indemnity Fund required pursuant to the provisions of this section shall be made pursuant to the provisions of The Oklahoma Central Purchasing Act upon terms and conditions established by the Office of Management and Enterprise Services and shall not exceed Ten Thousand Dollars ($10,000.00) for each well, borehole or pump for which action is taken. 5. Except in situations where the Board has assessed and declared a health or safety emergency and a claim by the owner of the well or borehole for costs of remedial action is not paid by private insurance or other relief, the Board shall seek reimbursement as recommended by the Well Drillers and Pump Installers Advisory Council for any remedial action taken or required by the Board. Any monies received as reimbursement shall be deposited in the Well Drillers and Pump Installers Remedial Action Indemnity Fund except as otherwise provided in subsection C of this section. E. When the Well Drillers and Pump Installers Remedial Action Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00), the fees, monies received as reimbursement, and administrative penalties recovered under paragraph 1 of subsection G of this section shall be deposited in a separate account in the Water Resources Board Revolving Fund designated as the Well Drillers and Pump Installers Regulation Account, which shall be a continuing account not subject to fiscal year limitations. Monies in said account shall be used by the Board for inspections, licensing, enforcement and education, reimbursing per diem and travel costs for members of the Well Drillers and Pump Installers Advisory Council pursuant to the State Travel Reimbursement Act, and as otherwise determined to be necessary to implement the provisions of this section. F. Before any person or firm licensed pursuant to this section shall commence the commercial drilling or plugging of any well or borehole or commence commercial installation of any pump, the person or firm shall file with the Board all data or information as the Board may by rule require to assure the protection of the groundwater in the well or borehole. After completion, the driller shall file a completion report showing all such data together with a log of the well and pumping test data if applicable. G. 1. The Board may, after notice and hearing, impose on any person administrative penalties of up to Five Thousand Dollars ($5,000.00) and may revoke, suspend or deny renewal of any license or operator certification for each violation of the rules of the Board regarding license or certification requirements, the requirement to Oklahoma Statutes - Title 82. Waters and Water Rights Page 198

obtain a license or certification, or minimum construction or installation standards. The administrative penalties shall be deposited in the Well Drillers and Pump Installers Remedial Action Indemnity Fund except as otherwise provided in subsection E of this section. 2. In addition to imposing administrative penalties, the Board may issue orders prohibiting actions by holders of valid licenses and operator certifications and by persons who are required to become licensed under the provisions of this section that constitute violations of rules promulgated pursuant to this section and requiring actions to remedy violations or other noncompliance with minimum standards rules for the construction of wells and borings, the plugging of wells and borings, and the commercial installation of water well pumps. H. If a respondent fails, refuses or neglects to comply with an order of the Board to pay an administrative penalty or to take certain action, the Board may present the matter to the Attorney General who is empowered to take action to collect the administrative penalty or to compel compliance with the order of the Board. One- half (1/2) of all penalties collected by the Attorney General shall be deposited in the Well Drillers and Pump Installers Regulation Account established pursuant to subsection E of this section and one- half (1/2) shall be deposited in the Attorney General’s Revolving Fund created in Section 20 of Title 74 of the Oklahoma Statutes. I. The Board is authorized to create a Well Drillers and Pump Installers Advisory Council. The Board shall establish rules stating the qualifications for membership and organization of the Council. Meetings of the Council shall be held at the call of the Executive Director of the Board. The Council shall have the following duties: 1. To recommend rules to the Board, provided such written recommendations have been concurred upon by a majority of the membership of the Council; and 2. To review and recommend approval or denial of use of monies in the Well Drillers and Pump Installers Remedial Action Indemnity Fund for: a. remedial actions to protect groundwater from pollution or potential pollution from wells, or boreholes under the jurisdiction of the Board which do not meet minimum standards for construction or that have been abandoned, and b. inspections, licensing, the pursuit of enforcement action with the proper authorities and education by the Board. Added by Laws 1972, c. 248, § 16, eff. July 1, 1973. Amended by Laws 1982, c. 128, § 1, operative Oct. 1, 1982; Laws 1988, c. 203, § 8, emerg. eff. June 10, 1988; Laws 1990, c. 325, § 2, emerg. eff. May 30, 1990; Laws 1993, c. 164, § 17, emerg. eff. May 10, 1993; Laws Oklahoma Statutes - Title 82. Waters and Water Rights Page 199

Arkansas - Oklahoma Arkansas River Compact Commision 82 O.S. Section 1421

82-1421. Approval of compact - Text. The following Interstate Compact is hereby approved and ratified subject to the conditions stated in Section 2 of this act. ARKANSAS RIVER BASIN COMPACT ARKANSAS-OKLAHOMA, 1970 The State of Arkansas and the State of Oklahoma, acting through their duly authorized Compact representatives, S. Keith Jackson of Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, pursuant to and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America (Public Law 97, 84th Congress, 1st session), approved June 28, 1955, have agreed as follows respecting the waters of the Arkansas River and its tributaries: ARTICLE I The major purposes of this Compact are: A. To promote interstate comity between the States of Arkansas and Oklahoma; B. To provide for an equitable apportionment of the waters of the Arkansas River between the States of Arkansas and Oklahoma and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; Oklahoma Statutes - Title 82. Waters and Water Rights Page 346

To encourage the maintenance of an active pollution abate- ment program in each of the two states and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin; and E. To facilitate the cooperation of the water administration agencies of the States of Arkansas and Oklahoma in the total development and management of the water resources of the Arkansas River Basin. ARTICLE II As used in the Compact: A. The term “state” means either state signatory hereto and shall be construed to include any person or persons, entity or agency of either state who, by reason of official responsibility or by designation of the Governor of that state, is acting as an official representative of that state. B. The term “Arkansas-Oklahoma Arkansas River Compact Commission,” or the term “Commission” means the agency created by this Compact for the administration thereof. C. The term “Arkansas River Basin” means all of the drainage basin of the Arkansas River and its tributaries from a point immediately below the confluence of the Grand-Neosho River with the Arkansas River near Muskogee, Oklahoma, to a point immediately below the confluence of Lee Creek with the Arkansas River near Van Buren, Arkansas, together with the drainage basin of Spavinaw Creek in Arkansas, but excluding that portion of the drainage basin of the Canadian River below Eufaula Dam. D. The term “Spavinaw Creek Subbasin” means the drainage area of Spavinaw Creek in the State of Arkansas. E. The term “Illinois River Subbasin” means the drainage area of Illinois River in the State of Arkansas. F. The term “Lee Creek Subbasin” means the drainage area of Lee Creek in the State of Arkansas and the State of Oklahoma. G. The term “Poteau River Subbasin” means the drainage area of Poteau River in the State of Arkansas. H. The term “Arkansas River Subbasin” means all areas of the Arkansas River Basin except the four sub-basins described above. I. The term “water-year” means a twelve-month period beginning on October 1, and ending September 30. J. The term “annual yield” means the computed annual gross runoff from any specified subbasin which would have passed any certain point on a stream and would have originated within any specified area under natural conditions, without any man-made depletion or accretion during the water year. K. The term “pollution” means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates, or is likely to result in a nuisance, Oklahoma Statutes - Title 82. Waters and Water Rights Page 347

or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare, or which is harmful, detrimental or injurious to beneficial uses of the water. ARTICLE III A. The physical and other conditions peculiar to the Arkansas River Basin constitute the basis of this Compact, and neither of the states hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact established any general principle with respect to any other interstate stream. B. By this Compact, neither state signatory hereto is relinquishing any interest or right it may have with respect to any waters flowing between them which do not originate in the Arkansas River Basin as defined by this Compact. ARTICLE IV The States of Arkansas and Oklahoma hereby agree upon the following apportionment of the waters of the Arkansas River Basin: A. The State of Arkansas shall have the right to develop and use the waters of the Spavinaw Creek Subbasin subject to the limitation that the annual yield shall not be depleted by more than fifty percent (50%). B. The State of Arkansas shall have the right to develop and use the waters of the Illinois River Subbasin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). C. The State of Arkansas shall have the right to develop and use all waters originating within the Lee Creek Subbasin in the State or Arkansas, or the equivalent thereof. D. The State of Oklahoma shall have the right to develop and use all waters originating within the Lee Creek Subbasin in the State of Oklahoma, or the equivalent thereof. E. The State of Arkansas shall have the right to develop and use the waters of the Poteau River Subbasin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). F. The State of Oklahoma shall have the right to develop and use the waters of the Arkansas River Subbasin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). ARTICLE V A. On or before December 31 of each year, following the effective date of this Compact, the Commission shall determine the stateline yields of the Arkansas River Basin for the previous water year. B. Any depletion of annual yield in excess of that allowed by the provisions of this Compact shall, subject to the control of the Commission, be delivered to the downstream State, and said delivery Oklahoma Statutes - Title 82. Waters and Water Rights Page 348

shall consist of not less than sixty percent (60%) of the current runoff of the basin. C. Methods for determining the annual yield of each of the sub- basins shall be those developed and approved by the Commission. ARTICLE VI A. Each state may construct, own and operate for its needs water storage reservoirs in the other state. B. Depletion in annual yield of any subbasin of the Arkansas River Basin caused by the operation of any water storage reservoir either heretofore or hereafter constructed by the United States or any of its agencies, instrumentalities or wards, or by a state, political subdivision thereof, or any person or persons shall be charged against the swate in which the yield therefrom is utilized. C. Each state shall have the free and unrestricted right to utilize the natural channel of any stream within the Arkansas River Basin for conveyance through the other state of waters released from any water storage reservoir for an intended downstream point of diversion or use without loss of ownership of such waters; provided, however, that a reduction shall be made in the amount of water which can be withdrawn at point of removal, equal to the transmission losses. ARTICLE VII The States of Arkansas and Oklahoma mutually agree to: A. The principle of individual state effort to abate man-made pollution within each state’s respective borders, and the continuing support of both states in an active pollution abatement program; B. The cooperation of the appropriate state agencies in the States of Arkansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin; C. Enter into joint programs for the identification and control of sources of pollution of the waters of the Arkansas River and its tributaries which are of interstate significance; D. The principle that neither state may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment; E. Utilize the provisions of all federal and state water pollution laws and to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act in the resolution of any pollution problems affecting the waters of the Arkansas River Basin. ARTICLE VIII A. There is hereby created an interstate administrative agency to be known as the “Arkansas-Oklahoma Arkansas River Compact Commission.” The Commission shall be composed of three Commissioners representing the State of Arkansas and three Commissioners representing the State of Oklahoma, selected as provided below; and, if designated by the President or an authorized federal agency, one Oklahoma Statutes - Title 82. Waters and Water Rights Page 349

Commissioner representing the United States. The President, or the federal agency authorized to make such appointments, is hereby requested to designate a Commissioner and an alternate representing the United States. The Federal Commissioner, if one be designated, shall be the Chairman and presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. B. One Arkansas Commissioner shall be the Director of the Arkansas Soil and Water Conservation Commission, or such other agency as may be hereafter responsible for administering water law in the state. The other two Commissioners shall reside in the Arkansas River drainage area in the State of Arkansas and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. C. One Oklahoma Commissioner shall be the Director of the Oklahoma Water Resources Board, or such other agency as may be hereafter responsible for administering water law in the state. The other two Commissioners shall reside within the Arkansas River drainage area in the State of Oklahoma and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four- year staggered terms, with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. D. A majority of the Commissioners of each state and the Commissioner or his alternate representing the United States, if they are so designated, must be present to constitute a quorum. In taking any Commission action, each signatory state shall have a single vote representing the majority opinion of the Commissioners of that state. E. In the case of a tie vote on any of the Commission’s determinations, order, or other actions, a majority of the Commissioners of either state may, upon written request to the Chairman, submit the question to arbitration. Arbitration shall not be compulsory, but on the event of arbitration, there shall be three arbitrators: (1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other state agency as may be hereafter responsible for administering water law in the State of Arkansas; and (2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other state agency as may be hereafter responsible for administering water law in the State of Oklahoma; and (3) The third chosen by the two arbitrators who are selected as provided above. Oklahoma Statutes - Title 82. Waters and Water Rights Page 350

If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission. F. The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two states and shall be paid by the Commission out of the “Arkansas-Oklahoma Arkansas River Compact Fund,” initiated and maintained as provided in Article IX(B) (5) below. The states hereby mutually agree to appropriate sums sufficient to cover its share of the expenses incurred in the administration of this Compact, to be paid into said fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the states; however, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission, provided by Article IX(B)(6) below. The Commission shall not pledge the credit of either state and shall not incur any obligations prior to the availability of funds adequate to meet the same. ARTICLE IX A. The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; (2) Enter into contracts with appropriate state or federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt and procure a seal for its official use; (5) Adopt rules and regulations governing its operations. The procedures employed for the administration of this Compact shall not be subject to any Administrative Procedures act of either state, but shall be subject to the provisions hereof and to the rules and regulations of the Commission; provided, however, all rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States. (6) Cooperate with federal and state agencies and political subdivisions of the signatory states in developing principles, consistent with the provisions of this Compact and with federal and state policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the Oklahoma Statutes - Title 82. Waters and Water Rights Page 351

purpose of assuring their operation in the best interests of the states and the United States; (7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested party in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and state of the subject matter of said hearing; (8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either state, or the United States, as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory state in any court, or before any tribunal, agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions; (9) Secure from the head of any department or agency of the federal or state government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (10) Print or otherwise reproduce and distribute all of its proceedings and reports; and (11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir or other gaging stations as may be necessary for the proper administration of this Compact; (2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact; (3) Continue research for developing methods of determining total basin yields; (4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; Oklahoma Statutes - Title 82. Waters and Water Rights Page 352

(5) Establish and maintain the “Arkansas-Oklahoma Arkansas River Compact Fund,” consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States; (6) Prepare and submit an annual report to the Governor of each signatory state and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; (7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and (8) Make available to the Governor of any state agency of either state or to any authorized representative of the United States, upon request, any information within its possession. ARTICLE X A. The provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the states acting through their Commissioners and until such changes are ratified by the legislatures of the respective states and consented to by the Congress of the United States in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appro- priate action of the legislature of both signatory states. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired. ARTICLE XI Nothing in this Compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory State to regulate within its boundaries of appropriation, use and control of waters within that state not inconsistent with its obligations under this Compact. ARTICLE XII If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and application of this Compact shall remain in full force and effect. ARTICLE XIII A. This Compact shall become binding and obligatory when it shall have been ratified by the legislature of each state and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any Oklahoma Statutes - Title 82. Waters and Water Rights Page 353

litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory state is a party thereto. B. The States of Arkansas and Oklahoma mutually agree and consent to be sued in the United States District Court under the provisions of Public Law 87-830 as enacted October 15, 1962, or as may be thereafter amended. C. Notice of ratification by the legislature of each state shall be given by the Governor of that state to the Governor of the other state, and to the President of the United States, and the President is hereby requested to give notice to the Governor of each state of consent by the Congress of the United States.

Arkansas River Compact Commission (OK,KS) 82 OS 1401

82-1401. Approval of compact - Text. The following Interstate Compact is hereby approved and ratified. ARKANSAS RIVER BASIN COMPACT KANSAS-OKLAHOMA, 1970 The State of Kansas and the State of Oklahoma, acting through their duly-authorized Compact representatives, Robert L. Smith and Warden L. Noe, for the State of Kansas, and Geo. R. Benz and Frank Raab, for the State of Oklahoma, after negotations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America, approved August 11, 1955 (Public Law 340, 84th Congress, 1st Session), have agreed as follows respecting the waters of the Arkansas River and its tributaries: ARTICLE I The major purposes of this Compact are: A. To promote interstate comity between the States of Kansas and Oklahoma; B. To divide and apportion equitably between the States of Kansas and Oklahoma the waters of the Arkansas River Basin and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; Oklahoma Statutes - Title 82. Waters and Water Rights Page 338

To encourage the maintenance of an active pollution-abatement program in each of the two states and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin. ARTICLE II As used in this Compact: A. The term “state” shall mean either state signatory hereto and shall be construed to include any person or persons, entity or agency of either state who, by reason of official responsibility or by designation of the Governor of that state, is acting as an official representative of that state; B. The term “Kansas-Oklahoma Arkansas River Commission” or the term “Commission” means the agency created by this Compact for the administration thereof; C. The term “Arkansas River” means that portion of the Arkansas River from a point immediately below the confluence of the Arkansas and Little Arkansas Rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas River with the Grand-Neosho River near Muskogee, Oklahoma; D. The term “Arkansas River Basin” means all of the drainage basin of the Arkansas River as delimited above, including all tributaries which empty into it between the upstream and downstream limits; E. The term “waters of the Arkansas River and its tributaries” means the waters originating in the Arkansas River Basin; F. The term “conservation storage capacity” means that portion of the active storage capacity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of one hundred 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses; G. The term “new conservation storage capacity” means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the Twenty-fourth meeting of the Compact Committee dated September 1, 1964, and as filed and identified to this Compact in the offices of the Secretaries of State of the respective states: H. The term “pollution” means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is Oklahoma Statutes - Title 82. Waters and Water Rights Page 339

discharged harmful, detrimental or injurious to public health, safety, or welfare or which is harmful, detrimental or injurious to beneficial uses of the water. ARTICLE III The physical and other conditions peculiar to the Arkansas River Basin constitute the basis for this Compact, and neither of the states hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact establishes any general principle with respect to any other interstate stream. ARTICLE IV A. For the purpose of apportionment of water between the two states, the Arkansas River Basin is hereby divided into major topographic subbasins as follows: (1) the Grand-Neosho River Subbasin; (2) the Verdigris River Subbasin; (3) the Salt Fork River Subbasin; (4) the Cimarron River Subbasin; and (5) the mainstem Arkansas River Subbasin which shall consist of the Arkansas River Basin, excepting the Grand-Neosho River, Verdigris River, Salt Fork River, and Cimarron River subbasins. B. The two states recognize that portions of other states not signatory to this Compact lie within the drainage area of the Arkansas River Basin as herein defined. The water apportionments provided for in this Compact are not intended to affect nor do they affect the rights of such other states in and to the use of the waters of the basin. ARTICLE V The State of Kansas shall have free and unrestricted use of the waters of the Arkansas River Basin within Kansas subject to the provisions of this Compact and to the limitations set forth below: A. New conservation storage capactiy in the Grand-Neosho River Subbasin within the State of Kansas shall not exceed six hundred fifty thousand (650,000) acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavinaw Creek; B. New conservation storage capacity in the Verdigris River subbasin within the State of Kansas shall not exceed three hundred thousand (300,000) acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah Reservoir; C. New conservation storage capacity in the mainstem Arkansas River Subbasin within the State of Kansas shall not exceed six hundred thousand (600,000) acre-feet plus and additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; D. New conservation storage capacity in the Salt Fork River Subbasin within the State of Kansas shall not exceed three hundred Oklahoma Statutes - Title 82. Waters and Water Rights Page 340

thousand (300,000) acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; E. New conservation storage capacity in the Cimarron River Subbasin within the State of Kansas shall not exceed five thousand (5,000) acre-feet, provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the Commission. ARTICLE VI The State of Oklahoma shall have free and unrestricted use of the waters of the Arkansas River Basin within Oklahoma subject to the provisions of this Compact and to the limitations set forth below: New conservation storage capactiy in the Cimarron River Subbasin within the State of Oklahoma shall not exceed five thousand (5,000) acre-feet provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the Commission. ARTICLE VII A. The Commission shall determine the conditions under which one state may construct and operate for its needs new conservation storage capacity in the other state. The construction or utilization of new conservation storage capacity by one state in the other State shall entitle the state whose storage potential is reduced by such construction to construct an equal amount of new conservation storage in a subbasin agreeable to the Commission. B. New conservation storage capacity constructed by the United States or any of its agencies, instrumentalities or wards, or by a state, political subdivision thereof, or any person or persons shall be charged against the state in which the use is made. C. Each state has the unrestricted right to replace within the same subbasin any conservation storage capacity made unusable by any cause. D. In the event reallocation of storage capacity in the Arkansas River Basin in Oklahoma should result in the reduction of that state’s new conservation storage capacity, such reallocation shall not reduce the total new conservation storage capacities available to Kansas under Article V; provided that a subsequent reinstatement of such storage capacity shall not be charged as an increase in Oklahoma’s new conservation storage capacity. ARTICLE VIII A. In the event of importation of water to a major subbasin of the Arkansas River Basin from another river basin, or from another major subbasin within the same state, the state making the importation shall have exclusive use of such imported waters. B. In the event of exporation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas River Oklahoma Statutes - Title 82. Waters and Water Rights Page 341

Basin within the same state, the limitations of Articles V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin, or in the event of direct diversion of water without storage on the basis of five (5) acre-feet of conservation storage capacity for each acre- foot of water on the average so diverted annually. C. Any reservoir storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage. D. Should a transbasin diversion of water of the Arkansas River Basin be made in one state for the use and benefit of the other state or both states, the Commission shall determine a proper accounting of new conservation storage capacities in each state in accordance with the above principles and with the project uses to be made in that state. ARTICLE IX The States of Kansas and Oklahoma mutually agree to: A. The principle of individual state effort to abate man-made pollution within each state’s respective borders, and the continuing support of both states in an active pollution-abatement program; B. The cooperation of the appropriate state agencies in Kansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin whenever such matters are called to their attention by the Commission; C. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas River Basin which the Commission finds are of interstate significance; D. The principle that neither state may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment; E. Utilize the provisions of the Federal Water Pollution Control Act in the resolution of any pollution problems which cannot be resolved within the provisions of this Compact. ARTICLE X A. There is hereby created an interstate administrative agency to be known as the “Kansas-Oklahoma Arkansas River Commission”. The Commission shall be composed of three Commissioners representing each of the States of Kansas and Oklahoma who shall be appointed by the Governors of the respective states and, if designated by the President, one Commissioner representing the United States. The President is hereby requested to designate a Commissioner and an alternate representing the United States. The Federal Commissioner, if one be designated, shall be the presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. Oklahoma Statutes - Title 82. Waters and Water Rights Page 342

One Kansas Commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two Commissioners shall reside in the Arkansas River basin in Kansas and shall be appointed to four-year staggered terms. C. One Oklahoma Commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two Commissioners shall reside in the Arkansas River Basin in Oklahoma and shall be appointed to four-year staggered terms. D. A majority of the Commissioners of each state and the Commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any Commission action, each signatory state shall have a single vote representing the majority opinion of the Commissioners of that state. E. The salaries and personal expenses of each Commissioner shall be paid by the government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two states and shall be paid by the Commission out of the “Kansas-Oklahoma Arkansas River Commission Fund”. Such fund shall be initiated and maintained by equal payments of each state into the fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the states; however, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission. ARTICLE XI A. The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the Compact; (2) Enter into contracts with appropriate state or federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt rules and regulations governing its operations; (5) Cooperate with federal agencies in developing principles, consistent with the provisions of this Compact and with federal policy, for the storage and release of water from all-federal capacities of federal reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the states and the United States; (6) Permit either state, with the consent of the proper operating agency, to Oklahoma Statutes - Title 82. Waters and Water Rights Page 343

impound water, for such periods of time deemed necessary or desirable by the Commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the Commission; (7) Hold bearings and take testimony and receive evidence at such times and places as it deems necessary; (8) Secure from the head of any department or agency of the federal or state government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (9) Print or otherwise reproduce and distribute all of its proceedings and reports. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the Compact; (2) Collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the Compact; (3) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (4) 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; (5) Prepare and submit to the Governor of each of the States of Kansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; (6) Make available to the Governor or any state agency of either state or to any authorized representative of the United States, upon request, any information within its possession. ARTICLE XII A. Recognizing the present limited uses of the available water supplies of the Arkansas River Basin in the two states and the uncertainties of their ultimate water needs, the States of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either state, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years following the effective date of this Compact, the Commission may review any provisions of the Compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the Oklahoma Statutes - Title 82. Waters and Water Rights Page 344

Commissioners of either state; provided, that the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the states acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appropriate action of the legislatures of both signatory states. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired. ARTICLE XIII Nothing in this Compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority, in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory state to regulate within its boundaries the appropriation, use and control of waters within that state not inconsistent with its obligations under this Compact. ARTICLE XIV If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and applications of this Compact shall remain in full force and effect. ARTICLE XV This Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each state and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory State is a party thereto. Notice of ratification by the legislature of each state shall be given by the Governor of that state to the Governor of the other state and to the President of the United States and the President is hereby requested to give notice to the Governor of each state of consent by the Congress of the United States. In Witness Whereof, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the Archives of the Department of State of the United States, and one of which shall be forwarded to the Governor of each state. DONE at the City of Wichita, State of Kansas, this 31st day of March, A.D., 1965.

Red River Compact Commission 82 OS 1431

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 364

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 Subdivision of Reach IV and allocation of water therein. Reach 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 Ouachita River Lake Catherine 19,000 34°26.6’N 93°01.6’W Caddo River DeGray Lake 1,377,000 34°13.2’N 93°06.6’W Little Missouri Oklahoma Statutes - Title 82. Waters and Water Rights Page 365

River Lake Greeson 600,000 34°08.9’N 93°42.9’W Alum Fork, Saline River Lake Winona 63,264 32°47.8’N 92°51.0’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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 366

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 367

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 368

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 369

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 370

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 Oklahoma Statutes - Title 82. Waters and Water Rights Page 371

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. Added by Laws 1979, c. 136, § 1, eff. May 3, 1979.

Canadian River Commission **82 O.S. Section 526.1 (Article IX) **

ARTICLE IX (a) There is hereby created an interstate administrative agency to be known as the “Canadian River Commission.” The Commission shall be composed of three (3) commissioners, one from each of the signatory states, designated or appointed in accordance with the laws of each such state, and if designated by the President an additional Commissioner representing the United States. The President is hereby requested to designate such a Commissioner. If so designated, the Commissioner representing the United States shall be the presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. All members of the Commission must be present to constitute a quorum. A unanimous vote of the Commissioners for the three signatory States shall be necessary to all actions taken by the Commission. (b) The salaries and personal expenses of each Commissioner shall be paid by the government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact and which are not paid by the United States shall be borne equally by the three states and be paid by the Commission out of a revolving fund hereby created to be known as the “Canadian River Revolving Fund.” Such fund shall be initiated and maintained by equal payments of each state into the fund in such amounts as will be necessary for administration of this Compact. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Said fund shall not be subject to the audit and accounting procedures of the States. However, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals and the report of the audit shall be included in and become a part of the annual report of the Commission. Oklahoma Statutes - Title 82. Waters and Water Rights Page 66

(c) The Commission may: (1) Employ such engineering, legal, clerical, and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; (2) Enter into contracts with appropriate federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; (3) Perform all functions required of it by this Compact and do all things necessary, proper, or convenient in the performance of its duties hereunder, independently or in cooperation with appropriate governmental agencies. (d) The Commission shall: (1) Cause to be established, maintained and operated such stream and other gaging stations and evaporation stations as may from time to time be necessary for proper administration of the Compact, independently or in co-operation with appropriate governmental agencies; (2) Make and transmit to the Governors of the signatory states on or before the last day of March of each year, a report covering the activities of the Commission for the preceding year; (3) Make available to the Governor of any signatory state, on his request, any information within its possession at any time, and shall always provide access to its records by the Governors of the states, or their representatives, or by authorized representatives of the United States.