Water Code
CHAPTER 47. CADDO LAKE COMPACT
Sec. 47.001. Ratification.
The Caddo Lake Compact, the text of which is set out in Section
47.011 of this code, is ratified and confirmed in all respects
after having been signed at Marshall, Texas, on January 26, 1979,
by Arthur R. Theis, Red River Compact Commissioner for the State
of Louisiana, Fred Parkey, Red River Compact Commissioner for the
State of Texas, William M. Huffman, Marshall, Texas, Senator Ed
Howard, Texarkana, Texas, Senator Don Williamson, Shreveport,
Louisiana, and Calhoun Allen, Shreveport, Louisiana.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.002. Original Copy.
An original copy of the compact is on file in the office of the
secretary of state.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.003. Commissioner.
(a) The appointed Red River Compact Commissioner shall serve as
a commissioner to represent this state on the commission
established by Section 6 of the compact. Additionally, the
governor with the advice and consent of the senate shall appoint
a local commissioner from the Caddo Lake area in Texas to serve
as another commissioner to represent the state on the commission
established by Section 6 of the compact.
(b) The appointed Red River Compact Commissioner shall receive
no additional compensation for serving as a Caddo Lake Compact
Commissioner.
(c) The appointed local commissioner shall receive no
compensation for serving as Caddo Lake Compact Commissioner but
shall be entitled to reimbursement for actual and necessary
expenses incurred in the discharge of official duties.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.004. Oath.
The appointed Red River Compact Commissioner and local
commissioner shall each take the constitutional oath of office
and shall each also take an oath to faithfully perform his or her
duties as commissioner.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.005. Powers and Duties.
The appointed Red River Compact Commissioner and local
commissioner are responsible for administering the provisions of
the compact and have all the powers and duties prescribed by the
compact.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.006. Executive Director.
(a) The executive director of the Texas Natural Resource
Conservation Commission or a designated representative selected
from the staff of the Texas Natural Resource Conservation
Commission shall also serve as a commissioner and represent this
state on the commission established by Section 6 of the compact.
(b) The executive director or the designated representative may
exercise the powers and shall discharge the duties provided by
the compact.
(c) The executive director or the designated representative is
not entitled to additional compensation for performing the duties
under the compact but is entitled to reimbursement for actual and
necessary expenses incurred while traveling in the discharge of
official duties.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.137,
eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.320, eff. Sept.
1, 1995.
Sec. 47.007. Employees; Administrative Expenses.
The commissioners, in conjunction with other members of the
commission and as authorized by the legislature, may employ
engineering and clerical personnel and may incur necessary office
expenses for the appointed Red River Compact Commissioner and
other expenses incident to the proper performance of their duties
and the proper administration of the compact. However, the
commissioners shall not incur any financial obligation on behalf
of this state until the legislature has authorized and
appropriated money for the obligation.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.008. Cooperation of Texas Natural Resource Conservation Commission.
The Texas Natural Resource Conservation Commission shall
cooperate with the commissioners in the performance of their
duties and shall furnish them any factual data and information
that is available.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.137,
eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.321, eff. Sept.
1, 1995.
Sec. 47.009. Notification of Other Parties; Copies.
The governor shall notify the Governor of Louisiana and the
President of the United States of the ratification of the compact
by this state. On request of the governor, the secretary of
state shall furnish to the Governor of Louisiana and the
President of the United States a certified copy of the Act
adopting this chapter of the code.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.010. Time When Compact Binding.
This compact is binding and obligatory when the Red River
Compact has been ratified by the State of Texas and this compact
is ratified by the Legislature of Louisiana and consented to by
the United States.
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979.
Sec. 47.011. Text of Compact.
The Caddo Lake Compact reads as follows:
"CADDO LAKE COMPACT
Preamble
The States of Louisiana and Texas, by acts of their respective
governors, and based upon previous acts of their legislatures,
have appointed representatives, including their respective Red
River Compact Commissioners, to negotiate, in the interest of
interstate comity and equitable apportionment and use of water, a
Compact on Caddo Lake to augment and amplify the provisions of
the Red River Compact dealing with Caddo Lake.
The Act of Congress, Public Law No. 346 (84th Congress, First
Session), grants consent of federal government to the negotiation
of this Compact; pursuant to that act, the President has
designated the representative of the United States.
Because the water and water rights of the States of Oklahoma and
Arkansas under the Red River Compact are completely unaffected by
this Compact, Oklahoma and Arkansas have no objection to this
Compact and did not participate in the negotiation of this
Compact.
In order to resolve current controversies regarding the use of
Caddo Lake water, controversies not adequately dealt with in the
Red River Compact, the States of Texas and Louisiana, acting
through their authorized representatives, have agreed to an
equitable apportionment and use of the water of Caddo Lake and do
hereby submit this Compact to amplify the Red River Compact and
recommend that it be adopted by their respective legislatures and
approved by Congress as hereinafter set forth:
Sec. 1 Purposes
In addition to the purposes specified in the Red River Compact,
this compact is intended to preserve and protect Caddo Lake as a
valuable environmental, cultural and natural resource and enhance
water resource and recreational potentials, while allowing its
utilization for water needs of adjacent portions of Louisiana and
Texas. A primary means of accomplishing these purposes is to
raise the spillway elevation of Caddo Lake to an elevation of
170.5 feet above mean sea level.
Nothing in this Compact shall be deemed to impair or affect the
powers, rights, or obligations of the United States or those
claiming under its authority in, over, and to water of Caddo
Lake; nor shall this Compact be construed as interfering with the
application of the National Environmental Policy Act of 1969.
Sec. 2 Relation to the Red River Compact
(a) This compact augments and amplifies the Red River Compact.
It shall be construed harmoniously with the Red River Compact; it
is not intended to amend, replace, or supersede any provisions of
the Red River Compact, nor are any of the provisions of the Red
River Compact intended to prevent the effective implementation of
this Compact.
(b) In the event the Red River Compact is not enacted by all
concerned states and ratified by Congress, or in the event that
such action occurs after the effective date of this Compact, this
Compact shall be fully effective pursuant to the provisions of
Section 9.
Sec. 3 Dedication
The States of Louisiana and Texas hereby dedicate the water of
Caddo Lake below 167.5 feet above mean sea level to serve as a
recreation and navigation pool. Neither Louisiana nor Texas
shall allow the diversion or consumptive use of the water of
Caddo Lake below that level except as authorized in this Compact.
Sec. 4 Diversion of Dedicated Water
(a) In order to divert water when the level of Caddo Lake is
below 167.5 feet above mean sea level, any water user diverting
more than 1,000 gallons per day from Caddo Lake must submit water
use plans to the Caddo Lake Commission providing for conservation
and efficient use of water.
(b) The Caddo Lake Commission shall authorize users with
approved water use plans to divert water from Caddo Lake when the
lake level is below 167.5 feet above mean sea level, at times and
under conditions authorized by the Caddo Lake Commission. The
Caddo Lake Commission shall give priority to domestic users,
municipalities or municipal use by political subdivisions and
industries, in that order.
(c) In the event any user of water from Caddo Lake shall
purchase water which is delivered into Caddo Lake from another
source, that user making the purchase shall have the use of such
purchased water, minus transportation or storage losses if any,
as determined by the Commission, free from the regulation of the
Caddo Lake Commission.
Sec. 5 Operating Rules
As provided in Section 7, the Caddo Lake Commission shall have
the power to establish operating criteria to govern the diversion
and use of water from Caddo Lake. Unless modified, supplemented
or changed by the Caddo Lake Commission, the following rules
shall govern the diversion and use of water from Caddo Lake.
(a) The following operating rules shall be in effect until
Caddo Lake is enlarged by raising the spillway level as provided
in Section 8.
(1) Whenever water is spilling over the existing spillway at
168.5 feet above mean sea level, each state may withdraw or
divert water from Caddo Lake without restriction.
(2) Whenever Caddo Lake is not spilling over the existing
spillway at 168.5 feet above mean sea level, the total
consumptive use by each state shall not exceed 8,400 acre-feet
during the drawdown period; provided that neither state shall
divert more than 3,600 acre-feet during any one month or 4,800
acre-feet during any two consecutive months.
(3) In addition to the requirements of Section 5(a)(2), when
the lake level of Caddo Lake is at or below 167.5 feet above
mean sea level,
(a) Any diversion by either state must be approved by
the Caddo Lake Commission, as provided in Section 4; and,
(b) The total consumptive use by each state shall not
exceed an average of 1,000 acre-feet per month, or more than
3,000 acre-feet during any two consecutive months; however,
(c) The limitations above shall not apply to a
municipality or political subdivision during an emergency
caused by the destruction or contamination of the
municipality's or political subdivision's other water
source.
(b) The following operating rules shall be in effect after
Caddo Lake is enlarged by raising the spillway level as provided
in Section 8.
(1) Whenever water is spilling over the raised spillway
level, each state may withdraw or divert water from Caddo Lake
without restriction.
(2) Whenever Caddo Lake is not spilling over the raised
spillway, and the lake surface elevation is above 167.5 feet
above mean sea level,
(a) If each state obtains 50% of the water above 168.5
feet above mean sea level, as authorized in Section 8, each
state shall be entitled to divert 16,800 acre-feet during a
drawdown period.
(b) If each state does not obtain 50% of the water above
168.5 feet above mean sea level, as authorized in Section 8,
the total consumptive use by that state shall not be reduced
below the amount of water to which it was entitled under
Section 5(a).
(3) Whenever Caddo Lake is at or below 167.5 feet above mean
sea level, no diversions from Caddo Lake may be made except in
the case of a catastrophic event (such as destruction of a
municipality or political subdivision's other water supply
source or a drawdown which is more severe than the critical
drawdown of record). Any emergency withdrawal or diversion
must be specifically authorized by the Caddo Lake Commission,
as provided in Section 4.
(c) The term "drawdown' as used herein means that period
commencing on the first day water ceases spilling over the
existing spillway (or the raised spillway, if Caddo Lake is
enlarged as authorized in Section 8) and continuing so long as
the Caddo Lake surface elevation continues to fall, until the day
when appreciable inflow reaches Caddo Lake, causing the Caddo
Lake surface elevation to rise leading to a spill from Caddo
Lake.
Sec. 6 Administration
(a) There is hereby created an interstate administrative agency
to be known as the "Caddo Lake Commission,' also referred to
herein as the "Commission.' It shall be composed of the
Commissioners of Louisiana and Texas who serve as Red River
Compact Commissioners and an appointed commissioner from each
state who resides within one of the parishes or counties in which
Caddo Lake is located. The Commissioners shall choose one member
of the Commission to serve as a voting chairman. In the event
this Compact becomes effective prior to, or without, the Red
River Compact, the Governors of Texas and Louisiana shall each
appoint three Commissioners to serve as Caddo Lake Commissioners.
These Commissioners, or their successors, shall serve until the
Red River Compact becomes effective and the offices of the
nonlocal commissioners are assumed by the states' Red River
Compact Commissioners.
(b) 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.
(c) Each Commissioner shall have one vote; however, if one or
more commissioners from a state is absent, the Commissioner(s) in
attendance from that state is authorized to vote on behalf of the
absent Commissioner(s) from that state. Any action concerning
the administration of this Compact shall require four votes.
(d) The salaries and personal expenses of each state's
Commissioners shall be paid by that state.
(e) All expenses incurred by the Commission shall be borne
equally by the States of Louisiana and Texas and shall be paid by
the Commission out of the "Caddo Lake Commission Fund'. Such
fund shall be initiated and maintained by equal payments of each
state into the fund. Disbursements shall be made from the fund
in such a manner as may be authorized by the Commission. Such
fund shall not be subject to audit and accounting procedures of
either state; however, all receipts and disbursements of the fund
by the Commission shall be audited by a qualified independent
public accountant at regular intervals, and the report of such
audits shall be included in and become 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.
Sec. 7 Duties and Powers
(a) The Commission shall have the power to:
(1) Adopt rules and regulations governing its operation and
enforcement of the terms of the Compact;
(2) Establish and maintain an office for the conduct of its
affairs and, if desirable, from time to time, change its
location;
(3) 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 Louisiana or Texas; provided that
such employees shall be paid by and be responsible to the
Commission and shall not be considered employees of any state;
(4) Acquire, use and dispose of such real and personal
property as it may consider necessary;
(5) 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;
(6) 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;
(7) Make findings, recommendations or reports in connection
with carrying out the purposes of this Compact, including, but
not limited to, a finding that Louisiana or Texas 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 Louisiana or Texas or
the United States, as may have any interest in or jurisdiction
over the subject matter. The making of findings,
recommendations, or reports by the Commission shall not be a
condition precedent to the instituting or maintaining of any
action or proceeding of any kind by Louisiana or Texas, 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
(8) Print or otherwise reproduce and distribute its
proceedings and reports.
(b) The Commission shall:
(1) Cause to be established, maintained, and operated such
stream, reservoir and other gaging stations as are necessary
for the proper administration of the Compact;
(2) 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;
(3) Adopt reasonable standards and criteria for the approval
of water use plans required by Section 4, and procedures for
the submission thereof;
(4) Establish operating criteria to govern the diversion and
use of water from Caddo Lake;
(5) 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;
(6) Prepare and submit to the Governors of Louisiana and
Texas a budget covering the anticipated expenses of the
Commission for the following fiscal year or biennium;
(7) Prepare and submit an annual report to the Governors of
Louisiana and Texas 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;
(8) Make available to the governor or to any official agency
of Louisiana or Texas or to any authorized representative of
the United States, upon request, any information within its
possession;
(9) Not incur any obligation in excess of the unencumbered
balance of its funds, nor pledge the credit of Louisiana or
Texas; and
(10) Make available to Louisiana or Texas 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.
Sec. 8 Enlargement of Caddo Lake
(a) It is the intention of Louisiana and Texas to enlarge Caddo
Lake by raising the spillway level two feet. Each state has the
guaranteed right to obtain 50% of the water above 168.5 feet
above mean sea level made available from such an enlargement,
subject to paying one-half of the total costs. Total costs of
enlargement are equal to the sum of the cost of spillway
construction, the cost of land and flowage easements in Texas,
the current market value of land and flowage easements in
Louisiana, as well as the administrative expenses incurred for
each of the above listed items.
(b) Each state may obtain a proportionately larger share of the
water resulting from the enlargement by paying the portion of the
cost which would otherwise be paid by the other state under
Section 8(a).
(c) Should Louisiana, or one of its political subdivisions,
unilaterally raise the Caddo Lake spillway level without
obtaining flowage easements in Texas, Louisiana would have the
right to all water made available by the enlargement; provided,
however, this provision constitutes an express waiver of any
sovereign immunity or Eleventh Amendment defenses which might
otherwise be available to the State of Louisiana in an action for
damages by a Caddo Lake property owner in Texas for damage
resulting from such action.
(d) This section does not prevent the enlargement of Caddo Lake
by raising the spillway level some amount less than two feet, nor
does it prevent a subsequent enlargement of Caddo Lake which
might ultimately raise the level of Caddo Lake's spillway more
than two feet.
Sec. 9 Ratification and Effective Date of Compact
(a) Notice of ratification of this Compact by the Legislatures
of Louisiana and Texas shall be given by the Governor thereof to
the Governor of the other state and to the President of the
United States. The President is hereby requested to give notice
to the Governors of Texas and Louisiana of the consent to this
Compact by the Congress of the United States.
(b) This Compact shall become effective, binding and obligatory
when, and only when:
(1) It has been duly ratified by Louisiana and Texas;
(2) The Red River Compact has been duly ratified by the
State of Texas; and
(3) 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:
which involves the construction or application of this
Compact; in which Louisiana or Texas is a plaintiff; and
which is within the judicial power of the United States as
set forth in the Constitution of the United States;
and without any requirement, limitation or regard as to the
sum or value of the matter in controversy, or of the place
of residence or citizenship of, or of the nature, character
or legal status of, any of the other proper parties
plaintiff or defendant in such case or 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.
(c) 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 Louisiana and Texas; 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.
SIGNED AND APPROVED THIS 26th DAY OF JANUARY, 1979.
William M. Huffman
Don Williamson
____________________________________
______________________________________??
WILLIAM M. HUFFMAN
SENATOR DON WILLIAMSON
Marshall, Texas
Shreveport, Louisiana
Ed Howard
Calhoun Allen
____________________________________
______________________________________??
SENATOR ED HOWARD
CALHOUN ALLEN
Texarkana, Texas
Shreveport, Louisiana
Fred Parkey
Arthur R. Theis
____________________________________
______________________________________??
FRED PARKEY
ARTHUR R. THEIS, Red River
Red River Compact Commis-
Compact Commissioner for
sioner for Texas
Louisiana"
Added by Acts 1979, 66th Leg., p. 750, ch. 330, Sec. 1, eff. June
6, 1979