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