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UTTON CENTER MODEL COMPACTS PROJECT

Compact Review Summaries

Introduction: As part of the Utton Center Model Compacts Project, students from the University of New Mexico School of Law summarized the provisions of fifty water-related interstate compacts and agreements. The following document presents these Compact Review Summaries on a topic-by-topic basis. In the materials that follow, these topics are divided into fifteen sections. As detailed in the Table of Contents, these sections include the name of the compact or agreement, the type of compact or agreement (Sec. II), provisions of federal and state legislation ratifying the compact or agreement (Sec. IV), the territorial scope of the compact or agreement (Sec. V), the water resource covered by the compact or agreement (Sec. VI), provisions applicable to the allocation of the water resource (Sec. VII), provisions relating to an administrative agency (if any) established to implement the compact or agreement (Sec. VIII), provisions relating to revisions of the compact or agreement (Sec. IX), the duration of the compact or agreement (Sec. X), provisions relating to withdrawal or rescission of the compact or agreement (Sec. XI), provisions regarding the relationship of the compact or agreement to other federal and state laws (Sec. XII), intergovernmental coordination (Sec. XIII), provisions relating to administrative agency staff (Sec. XIV), provisions relating to funding (Sec. XV) and an implementation timeframe for the compact or agreement (Sec. XVI). It should be noted that not all of the water-related compacts or agreements are presently in force. Some of the compacts or agreements have not been ratified by Congress (e.g., the California-Nevada Interstate Compact). Others contained “sunset” provisions that resulted in a termination of the compact or agreement (e.g., the Alabama-Coosa-Tallapoosa River Basin Compact and the Apalachicola-Chattahoochee-Flint River Basin Compact). Nonetheless, the provisions of these compacts or agreements have been included because they provide valuable information on both successful and unsuccessful approaches to interstate and federal/state water conflicts. The students at the University of New Mexico School of Law who prepared the Compact Review Summaries are Frank Balderrama, Alex Beattie, Kathryn Benz, Paul Bossert, James Dodd, Tom Ringham and Gabriel Wade. They are to be commended for the diligence of their efforts.

George William Sherk, D.Sc., J.D. Westminster, Colorado August 2005

TABLE OF CONTENTS: I. Name of compact II. Type of compact III. Summary of compact (not included in summary) IV. Ratification

IV.A.1. State ratification: Legislation IV.A.2. State ratification: Were any exceptions, conditions or other modifications

of the compact contained in the ratification legislation? IV.B.1. Federal ratification: Legislation IV.B.2. Federal ratification: Were any exceptions, conditions or other

modifications of the compact contained in the ratification legislation? IV.B.3. Federal ratification: Did the consent legislation waive the sovereign

immunity of the United States vis-à-vis enforcement of compact provisions?

V. Territorial scope: Entire river basin or portions of the basin? VI. Does the compact include, exclude or not address the following types of waters?

VI.A. Tributaries VI.B. Imported waters. If so, how are “imported waters” defined? VI.C. Conserved or reused waters. If so, how are “conserved or reused waters”

defined? VI.D. Stored waters. If so, how are “stored waters” defined? VI.E. Groundwater. If so, how is “groundwater” defined?

VII. Allocation formula VII.A. Waters allocated:

VII.A.1. Allocation formula: Alternative approaches

VII.A.2. Allocation formula: How are delivery obligations arising under the compact measured?

VII.A.3. Allocation formula: Do delivery debits or credits carryover from

one year to the next?

VII.A.4. Allocation formula: Are existing uses protected? If so, how are existing uses” defined or quantified?

VII.A.5. Allocation formula: Is the compact subject to existing judicial

decrees?

VII.B. Allocation adjustments:

VII.B.1. Allocation formula: Is the allocation subject to adjustment?

VII.B.2. Allocation formula: If the allocation is subject to adjustment, how is it done?

VII.B.3. Allocation formula: If the allocation is subject to adjustment,

how often is it done?

VII.C. Water supply variables:

VII.C.1. Allocation formula: Is allocation based on water supply (i.e., normal flows, droughts, surpluses)?

VII.C.2. Allocation formula: If allocation is based on water supply, are

water supply triggers defined?

VII.C.3. Allocation formula: If drought is a water supply trigger, are any of the provisions of the compact suspended during drought periods? If so, what replaces them?

VII.D. Downstream impacts: Does the compact specify a level of adverse impact that

must be accepted by the downstream state? If so, what is it? VII.E. Downstream demands: Does the compact specify a basis on which a

downstream state may demand that water be released by an upstream state?

VII.E.1. Downstream demands: Are there any conditions precedent that must be fulfilled by the downstream state prior to making such a demand (e.g., water conservation, exhaustion of existing supplies, utilization of storage or interbasin diversions)?

VII.E.2. Downstream demands: Is there a burden of proof requirement (e.g., clear and convincing evidence of real and substantial injury or harm)?

VII.E.3. Downstream demands: Must the upstream state respond? If not,

what are the consequences?

VII.F. Water quality:

VII.F.1. Water quality: Does the compact include water quality requirements?

VII.F.2. Water quality: Does the compact agency enforce EPA standards?

VII.G. Enforcement:

VII.G.1. Enforcement: What enforcement mechanisms are contained in

the compact?

VII.G.2. Enforcement: Are there any conditions precedent to utilization of the enforcement mechanisms (e.g., good faith negotiation requirements)?

VII.G.3. Enforcement: Are contract remedies either included or excluded?

VII.H. Allocation formula: Who monitors? VII.I. Allocation formula: What is the source of the water supply data? VII.J. Agency action on water supply data:

VII.J.1. Allocation formula – Agency action on water supply data:

Regardless of the source of the water supply data, does the compact agency take official action on data reports?

VII.J.2. Allocation formula – Agency action on water supply data: If so,

does the compact provide for the legal effect of such action?

VIII. Compact administrative agency VIII.A. Compact administrative agency

VIII.B.1. Compact administrative agency: What is the composition of the administrative agency?

VIII.B.2. Compact administrative agency: How are state members selected?

VIII.B.3. Compact administrative agency: How are federal members

selected? VIII.C.1. Compact administrative agency: Voting processes – What is

required for official action?

VIII.C.2. Compact administrative agency: Voting processes – Is there a tie-breaker provision?

VIII.C.3. Compact administrative agency: Voting processes – Does the

federal representative, if any, vote?

VIII.D.1. Compact administrative agency: Powers – Are there express powers?

VIII.D.2. Compact administrative agency: Powers – If so, what powers are

conferred?

VIII.E.1. Compact administrative agency: What are reporting obligations?

VIII.E.2. Compact administrative agency: To whom are reports submitted?

IX. Revision X. Compact duration XI. Withdrawal or rescission

XI.A. Withdrawal or rescission: Is rescission allowed if ratification of the compact

was premised on a mutual mistake of fact or law? XI.B. Withdrawal or rescission: Are there provisions for a state to withdraw from the

compact? If so, what are they?

XII. Relationship to other laws XIII. Coordination

XIII.A. State Coordination: Are there provisions regarding coordination with state

agencies? If so, what are they? XIII.B. Federal Coordination: Federal coordination – Are there provisions regarding

coordination with federal agencies? If so, what are they?

XIV. Provisions for staff: What provisions are included regarding staff for the compact

administrative agency? XV. Provisions for funding: What provisions are included regarding funding for the compact

administrative agency? XVI. Implementation timeframe: Does the compact include an implementation timeframe? If

so, what is it?



Question II. Type of compact Compact: Summary:

Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Water allocation compact. Planning and flood control compact.

Animas - La Plata Project Compact, Pub. L. No. 90-537, §501(c), 82 Stat. 898 (1968).

Water supply compact.

Apalachicola-Chattahoochee-Flint River Basin Compact, Pub. L. No. 105-104, 111 Stat. 2219 (1997).


Arkansas River Compact, Pub. L. No. 81-82, 63 Stat. 145 (1949).

Planning and flood control compact. Water supply compact. Multipurpose allocation and regulatory compact.

Arkansas River Basin Compact of 1965, Pub. L. No. 89-789, 80 Stat. 1409 (1966).

Pollution control compact. Water supply compact.


Pollution control compact. Water supply compact. Multipurpose allocation and regulatory compact.

Bear River Compact, Pub. L. No. 85-348, 72 Stat. 38 (1958).

Water allocation compact.

Belle Fourche River Compact, Pub. L. No. 78-236, 58 Stat. 94 (1944).

Water allocation compact. Planning and flood control compact. Water supply compact.

California-Nevada Interstate Compact, Nevada Revised Statutes §538.600 (1969).

Water allocation compact. Water supply compact. Multipurpose allocation, licensing and regulatory compact.

Canadian River Compact, Pub. L. No. 82-345, 66 Stat. 74 (1952).


Chesapeake Bay Agreement of 1983, Chesapeake Bay Program.

Single purpose pollution control compact.



Chesapeake Bay Commission Agreement, Code of Virginia, §62.1-69.5 to §62.1–69.20 (1980).


Colorado River Compact, 70 Congressional Record 324 (1928).


Compact between Missouri and Illinois Creating the Bi-State Development Agency and the Bi-State Metropolitan District, Pub. L. No. 81-743, 64 Stat. 568 (1950), as amended, Pub. L. No. 86-303, 73 Stat. 582 (1959).

(information not included in compact summary)

Connecticut River Flood Control Compact, Pub. L. No. 83-52, 67 Stat. 45 (1953).

Planning and flood control compact.

Costilla Creek Compact (Amended), Pub. L. No. 88-198, 77 Stat. 350 (1963).


Delaware River Basin Compact, Pub. L. No. 87-328, 75 Stat. 688 (1961).

Multipurpose allocation, licensing and regulatory compact.

Great Lakes Basin Compact, Pub. L. No. 90-419, 82 Stat. 414 (1968).


Great Lakes Charter, Council of Great Lakes Governors (1985).


Jennings Randolph Lake Project Compact, Pub. L. No. 104-176, 110 Stat. 1557 (1996)


Kansas-Missouri Flood Prevention and Control Compact, Missouri Revised Statutes §70.327 (1985).


Kansas-Nebraska Big Blue River Compact, Pub. L. No. 92-308, 86 Stat. 193 (1972).


Klamath River Basin Compact, Pub. L. No. 85-222, 71 Stat. 497 (1957).


La Plata River Compact, Pub. L. No. 68-346, 43 Stat. 796 (1925).


Merrimack River Flood Control Compact, Pub. L. No. 85-23, 71 Stat. 18 (1957).


Mississippi River Interstate Pollution Phase-Out Compact, Louisiana Revised Statutes §30:2091 (1987).


New England Interstate Water Pollution Control Compact, Pub. L. No. 80-292, 61 Stat. 682 (1947).


New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact, Pub. L. No. 94-403, 90 Stat. 1221 (1976).


Ohio River Valley Water Sanitation Compact, Pub. L. No. 76-739, 54 Stat. 752 (1940).


Oregon-California Goose Lake Interstate Compact, Oregon Revised Statutes §542.520 (1963).


Pecos River Compact, Pub. L. No. 81-91, 63 Stat. 159 (1949).


Potomac River Basin Interstate Compact, Pub. L. No. 76-93, 54 Stat. 748 (1940), as amended, Pub. L. No. 91-407, 84 Stat. 856 (1970).


Red River Compact, Pub. L. No. 96-564, 94 Stat. 3305 (1980).


Red River of the North Compact, Pub. L. No. 75-456, 52 Stat. 150 (1938).


Republican River Compact, Pub. L. No. 78-60, 57 Stat. 86 (1943).

Water allocation compact. Water supply compact.

Rio Grande Compact, Pub. L. No. 76-96, 53 Stat. 785 (1939).


Sabine River Compact, Pub. L. No. 83-578, 68 Stat. 690 (1954), as amended, Pub. L. No. 87-418, 76 Stat. 34 (1962).

Water allocation compact. Planning and flood control compact. Water supply compact.

Snake River Compact, Pub. L. No. 81-464, 64 Stat. 29 (1950).


South Platte River Compact, Pub. L. No. 69-37, 44 Stat. 195 (1926).


Susquehanna River Basin Compact, Pub. L. No. 91-575, 84 Stat. 1509 (1970).


Tennessee River Basin Water Pollution Control Compact, Pub. L. No. 85-734, 72 Stat. 823 (1958).


Thames River Flood Control Compact, Pub. L. No. 85-526, 72 Stat. 364 (1958).

Flood control compact.

Tri-State [Sanitation] Compact, Public Resolution No. 74-62, 49 Stat. 932 (1935)


Upper Colorado River Basin Compact, Pub. L. No. 81-37, 63 Stat. 31 (1949).


Upper Niobrara River Compact, Pub. L. No. 91-52, 83 Stat. 86 (1969).


Vermont-New Hampshire Interstate Public Water Supply Compact, Pub. L. No. 104-126, 110 Stat. 884 (1996)


Wabash Valley Compact, Pub. L. No. 86-375, 73 Stat. 694 (1959).


Wheeling Creek Watershed Protection and Flood Prevention District Compact, Pub. L. No. 90-181, 81 Stat. 553 (1967).


Yellowstone River Compact, Pub. L. No. 82-231, 65 Stat. 663 (1951).




Question IV.A.2 State ratification Were any exceptions, conditions or other modifications of the compact contained in the ratification legislation? If so, identify. Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

No.


No.




C.R.S. 37-69-103. Interstate agency created by compact It is hereby recognized, found, determined, and declared that the compact creates an interstate agency which is known as the Arkansas river compact administration and which is an independent entity whose members and employees are not officers and employees of either of the states signatory to the compact. C.R.S. 37-69-104. Appointment of members of compact administration After the said compact becomes effective the Colorado members of the Arkansas river compact administration shall be appointed by the governor, shall serve until revocation of their appointment by the governor, and, on behalf of the Arkansas river compact administration, the state of Colorado shall pay the necessary expenses and also compensation of said members in an amount which shall be fixed by the governor and when so fixed shall be changed only by action of the governor. C.R.S. 37-69-106. Administrative code inapplicable The provisions of articles 2, 3, 31, 35, and 36 of title 24, C.R.S., shall be inapplicable to any acts or proceedings taken to carry out the purposes of said compact.




No.


None identified.






The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislature of the state of Texas and legislature of the state of Oklahoma and consented to by the congress of the United States of America New Mexico: NMSA 1978 §§ 72-15-2 to 72-15-4 (1951) Oklahoma: 82 O.S., § 526.1 (1951) Texas: V.T.C.A., Water Code § 43.001 et seq. (1950)


None found.


No.


VA code changed to § 30-241 et seq. – added legislation to appropriate money for salaries to commission members.


No.


No.

Connecticut River Flood Control Compact, Pub. L. No.

No.

83-52, 67 Stat. 45 (1953).


Amended compact contained clause stating that original compact would remain in effect until amended compact was ratified.


No.


No.


No.




No.


No.


No.


No.


No.


No.






New York – beginning August 15, 1974 and at 4 year intervals thereafter Commissioner of Environmental Conservation to evaluate role of commission over waters within N.Y., no Public Health Law or Environmental Conservation Law that is inconsistent with compact shall be applicable to the commission or any mater governed by compact. Pennsylvania – Compact not valid until ratified by N.Y., Ohio and West Virginia, compact not to be enforced until hostilities in present war has ended. Contained clause permitting Virginia to join compact. Virginia – Clause permitting secretary of State Water Control Board to vote unless all Va. Commissioners present and voting. West Virginia – Compact not valid until ratified by N.Y., Penn., Ohio and Va. Sunset provision extended to July 01, 2006.


No.


No.


Not specified.


No.




None noted.






No.

South Platte River Compact, Pub. L. No. 69-37, 44 Stat. 195

No.

(1926).










None for any of the states.


No.


No.


No.


No.


No.



Question IV.B.2. Federal ratification Were any exceptions, conditions or other modifications of the compact contained in the ratification legislation? If so, identify. Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. (111 Stat. 2244) The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. SEC. 4. RESERVATIONS. (111 Stat. 2245) To ensure participation of Federal agencies during the development of the allocation formula and participation in all technical working groups and meetings in which the terms and conditions of the allocation formula are negotiated and to preserve Federal discretion under law, the consent of Congress to, and participation of the United States in, the Alabama-Coosa-Tallapoosa River Basin Compact, is subject to the following conditions and reservations: (1) Representatives of any Federal agency may attend any and all meetings of the Commission. (2) Upon the request of the Federal Commissioner, representatives of any Federal agency may participate in any meetings of technical committees, if any, of the Commission at which the basis or terms and conditions of the allocation formula or modifications to the allocation formula are to be discussed or negotiated. (3) The Federal Commissioner shall be given notice of any meeting of the Commission or any meeting of technical committees, if any, of the Commission at which compliance with the allocation formula by one or more officers, agencies, or instrumentalities of the United States is to be discussed. (4) Under the provisions of Article VII(a), the Federal Commissioner may submit a letter of concurrence with the allocation formula unanimously adopted by the State Commissioners within 255 days of such adoption.

(5) No mediator shall be selected under Article XIII(b) or Article XIII(c) without the concurrence of the Federal Commissioner and no resolution of a dispute under Article XIII(c) shall be made binding on the United States without the concurrence of the Federal Commissioner. (6) The obligations of employees, agencies, and instrumentalities of the United States pursuant to Articles VII(b), X(a), and X(c) to exercise their discretion, to the maximum extent practicable, in a manner consistent with the allocation formula shall not be construed to interfere with the ability of such employees, agencies, and instrumentalities to take actions during emergency situations. (7) As among water right holders within anyone State, nothing in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective signatory States relating to riparian rights of the United States in and to the waters of the Alabama-Coosa-Tallapoosa River Basin.


No.


SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. (111 Stat. 2231) The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. SEC. 4. RESERVATIONS. (111 Stat. 2231) To ensure participation of Federal agencies during the development of the allocation formula and participation in all technical working groups and meetings in which the terms and conditions of the allocation formula are negotiated and to preserve Federal discretion under law, the consent of Congress to, and participation of the United States in, the Apalachicola-Chattahoochee-Flint River Basin Compact, is subject to the following conditions and reservations: (1) Representatives of any Federal agency may attend any and all meetings of the Commission. (2) Upon the request of the Federal Commissioner, representatives of any Federal agency may participate in any meetings of technical committees, if any, of the Commission at

which the basis or terms and conditions of the allocation formula or modifications to the allocation formula are to be discussed or negotiated. (3) The Federal Commissioner shall be given notice of any meeting of the Commission or any meeting of technical committees, if any, of the Commission at which compliance with the allocation formula by one or more officers, agencies, or instrumentalities of the United States is to be discussed. (4) Under the provisions of Article VII(a), the Federal Commissioner may submit a letter of concurrence with the allocation formula unanimously adopted by the State Commissioners within 255 days of such adoption. (5) No mediator shall be selected under Article XIII(b) or Article XIII(c) without the concurrence of the Federal Commissioner and no resolution of a dispute under Article XIII(c) shall be made binding on the United States without the concurrence of the Federal Commissioner. (6) The obligations of employees, agencies, and instrumentalities of the United States pursuant to Articles VII(b), X(a), and X(c) to exercise their discretion, to the maximum extent practicable, in a manner consistent with the allocation formula shall not be construed to interfere with the ability of such employees, agencies, and instrumentalities to take actions during emergency situations. (7) As among water right holders within anyone State, nothing in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective signatory States relating to riparian rights of the United States in and to the waters of the Apalachicola-Chattahoochee-Flint River Basin.


SEC. 2. Nothing contained in this Act or in the compact herein consented to shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact: Provided, That the Chief of Engineers is hereby authorized to operate the conservation features of the John Martin Reservoir project in a manner conforming to such compact with such exceptions as he and the Administration created pursuant to the compact may jointly approve. (63 Stat. 151)


(c) The right to alter, amend, or repeal this section is expressly reserved. (80 Stat. 1415)


SEC. 3. The right to alter, amend, or repeal this Act, is expressly reserved. (87 Stat. 576)


None identified.


Sec. 2. (a) In order that the conditions stated in article XIV of the compact hereby consented to shall be met and that the compact shall be and continue to be operative, the following provisions are enacted: (1) Any beneficial uses hereafter made by the United States, or those acting by or under its authority, within a State, of the waters allocated by such compact, shall be within the allocations made by such compact for use in that State and shall be taken into account in determining the extent of use within that State; (2) The United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever jurisdiction the United States has in, over, and to the waters of the Belle Fourche River and all its tributaries shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial use of the waters within the Basin is of paramount importance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of such compact and after consultation with all interested Federal agencies and the State officials charged with the administration of such compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes; (3) The United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation purposes, of the apportioned water which may be impaired by the exercise of Federal jurisdiction in, over, and to such water: Provided, That such use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with such compact at the time of the impairment thereof, and was validly initiated under State law prior to the initiation or authorization of the Federal program or project which causes such impairment.

(b) As used in this section, the following terms: “beneficial use”, “Basin”, and “apportioned water”, shall have the same meanings as those ascribed to them in the compact consented to by this Act. (59 Stat. 99-100)


Not ratified.


SEC. 2. The right to alter, amend, or repeal section 1 of this Act is expressly reserved. This reservation shall not be construed to prevent the vesting of rights to the use of water pursuant to applicable law and no alteration, amendment, or repeal of section 1 of this Act shall be held to affect rights so vested. (66 Stat. 78)


No.


No.


Not ratified.


No.


Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the entry, by the State of Missouri and by the State of Illinois, into the compact or agreement set forth above, and to said compact or agreement and to each and every term and provision thereof: Provided, That any obligations issued and outstanding, including the income derived therefrom, under the terms of the compact or agreement, and any amendments thereto, shall be subject to the tax laws of the United States: And provided further, That nothing herein contained shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, department, board, bureau, officer, or official of the United States, in, over, or in regard to the territory which is embraced in the district created by the aforesaid compact or agreement or any navigable waters, or any commerce between the States or with foreign countries, or any bridge, railroad, highway, pier, wharf, or other facility or improvement, or any other person, matter, or thing, forming

the subject matter of the aforesaid compact or agreement; or otherwise affected by the terms thereof: And provided further, That no power or powers shall be exercised by the Bi-State Agency under that certain portion of article III of such compact which reads: “8. To exercise such additional powers as shall be conferred on it by the legislature of either state concurred in by the legislature of the other or by act of Congress.” unless and until such power or powers shall have been conferred upon the Bi-State Agency by the legislature of one of the States to the compact and concurred in by the legislature of the other and shall have been approved by an Act of Congress: And provided further, That the right to alter, amend, or repeal this resolution is hereby expressly reserved. (64 Stat. 571)


No.


No.


No.


No.


No.


Sec. 2. The right to alter, amend or repeal this joint resolution is hereby expressly reserved. The consent granted by this joint resolution shall not be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of the compact.


Not ratified.


No.

Klamath River Basin Compact, Pub. L. No. 85-222, 71 Stat.

No.

497 (1957).


No.


No.


Not ratified.






No.


Not ratified.


No.


Not specified.


No.


No.


None noted.






No.


No.






No.




No.


No.


SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. The consent granted by this joint resolution shall not be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of the compact.


No.


No.

Yellowstone River Compact, Pub. L. No. 82-231, 65 Stat.

No.

663 (1951).



Question IV.B.3. Federal ratification Did the consent legislation waive the sovereign immunity of the United States vis-à-vis enforcement of compact provisions? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

No, expressly preserved immunity.


No.


No.


SEC. 2. Nothing contained in this Act or in the compact herein consented to shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact: Provided, That the Chief of Engineers is hereby authorized to operate the conservation features of the John Martin Reservoir project in a manner conforming to such compact with such exceptions as he and the Administration created pursuant to the compact may jointly approve. (63 Stat. 151)


(b) In order to carry out the purposes of this section, and the purposes of article XV of this compact consented to by Congress by this section, the congressional consent to this compact includes and expressly gives the consent of Congress to have the United States of America named and joined as a party litigant in any litigation in the United States Supreme Court, if the United States of America is an indispensable party to such litigation, and if the litigation arises out of this compact, or its application, and if a signatory State to this compact is a party litigant, in the litigation. (80 Stat. 1415)


SEC. 2. In order to carry out the purposes of this Act, and the purposes of article XIII of this compact consented to by Congress by this Act, the congressional consent to this compact includes and expressly gives the consent of Congress to have the United States of America named and joined as a party litigant in any litigation in the United States Supreme Court, if the United Stares of America is an indispensable

party to such litigation, and if the litigation arises out of this compact, or its application, and if a signatory State to this compact is a party litigant, in the litigation. (87 Stat. 576)


Not expressly stated.


No.


Not ratified.




No.


No.


Not ratified.


No.


No.


No.


No.


No.

Great Lakes Basin Compact, Pub. L. No. 90-419, 82 Stat.

No.

414 (1968).


No.




Not ratified.


Yes, compact shall become binding when ratified by Congress and when act includes consent to be named in litigation if US is indispensable party and litigation arises out of compact. Art. VIII, 8.1 (text of ratifying legislation not included in compact summary)


No.


No.


No.


Not ratified.






No.

Oregon-California Goose Lake Interstate Compact, Oregon Revised Statutes §542.520

Not ratified.

(1963).


No.


Not specified.


13.02 (b) ... 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.


No.


No. See language in Article X.






No.


No.






No.




No.


No.


No.


No.


No.


No.



Question V. Territorial scope Entire river basin or portions of the basin? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Entire drainage basin of all three rivers.


Entire – Art. I.A: “...water in Colorado and New Mexico from the La Plata and Animas river systems, ...”


Entire.


Entire River Basin, excluding waters brought into the Arkansas river basin from other river basins.


Entire river basin.


Portions of the basin- “excludes that portion of the drainage basin of he Canadian River above Eufaula Dam”


Portions of the basin. The compact defines “Bear River” as the “Bear River and its tributaries from its source in the Uinta Mountains to its mouth in Great Salt Lake.” (Article II).


Entire river basin.


Portions of each Basin.


Article II(a) The term “Canadian river” means the tributary of Arkansas river which rises in northeastern New Mexico and flows in an easterly direction through New Mexico, Texas and Oklahoma and includes North Canadian river and all other tributaries of said Canadian river Article II(b) The term “North Canadian river” means that major tributary of Canadian river officially known as North Canadian river from its source to its junction with Canadian

river and includes all tributaries of North Canadian river


Entire Chesapeake Bay.






Entire basin – the compact divides the Colorado into a lower and upper basin, but covers both.


Portions.


Entire basin.


Entire river (Creek) basin.


Entire basin.


Entire basin, including (ARTICLE III): 1. Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and the St. Lawrence River, together with any and all natural or manmade water interconnections between or among them. 2. All rivers, ponds, lakes, streams, and other watercourses which, in their natural state or in their prevailing conditions, are tributary to Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior or any of them or which comprise part of any watershed draining into any of said lakes.


Entire Basin: Definitions- Great Lakes Basin means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois Rivieres,

Quebec. Great Lakes Basin water resources means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the Great Lakes Basin.


Compact concerns the entire lake.


Kansas counties – Johnson, Wyandotte and Atchison Missouri counties – Jackson, Clay, Platte and Buchanan


Entire, Art. 1.3.


Entire basin (ARTICLE II): A. “Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin. B. “Upper Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof.


Entire.


Entire basin.


ARTICLE III: ... the provisions of this compact shall apply to the Mississippi River System, from its headwaters to its mouth at the Head of Passes, and laterally between its ordinary high water marks and its major tributaries consisting of the Missouri, Ohio, Obion, Hatchie, Tennessee, St. Francis, White, Arkansas, Yazoo, Big Black, and Homochitto Rivers. This compact shall not apply to the river’s other tributaries or adjacent waters unless ...




Does not address.


Entire river basin and tributaries.


Entire lake basin.


Entire (ARTICLE II): (a) The term “Pecos River” means the tributary of the Rio Grande which rises in north-central New Mexico and flows in a southerly direction through New Mexico and Texas and joins the Rio Grande near the town of Langtry, Texas, and includes all tributaries of said Pecos River. (b) The term “Pecos River Basin” means all of the contributing drainage area of the Pecos River and its tributaries above its mouth near Langtry, Texas


Entire river (“comprising all of the area drained by the Potomac River and its tributaries”). See PREAMBLE


Portion (Sec.3.01): (b) The term “Red River” means the stream below the crossing of the Texas-Oklahoma state boundary at longitude 100 degrees west. (c) The term “Red River Basin” means all of the natural drainage area of the Red River and its tributaries east of the New Mexico-Texas state boundary and above its junction with Atchafalaya and Old Rivers.


Portions.


Entire river basin. Article II states, “the Basin is all the area in Colorado, Kansas, and Nebraska, which is naturally drained by the Republican River, and its tributaries, to its junction with the Smoky Hill River in Kansas.”


Treaty covers the use of Rio Grande waters above Fort Quitman, Texas. Rio Grande basin: is all of the territory drained by the Rio Grande and its tributaries in CO, NM and TX above Fort Quitman, including the closed basin in CO. Closed Basin: is the part of the Rio Grande basin in CO where the streams drain into the San Luis lakes and adjacent territory, and do not normally contribute to the flow of the river.


Entire river basin.


Entire basin.


Entire basin, Art. I.


Entire.


Interstate waters (ARTICLE X): B. Nothing contained in this Compact shall be deemed to give the Commission any regulatory power or jurisdiction over any aspect of pollution abatement or control within the District unless existing or future pollution of such waters does or is likely to affect adversely the quality of water flowing among, between, into or through the territory of more than one party state.


Entire river basin (Art. I).


See Art. II (various rivers and estuaries).


Portions: Covers the basin above Lee Ferry, Art. II (f).


Entire (ARTICLE II): (a) The term “upper Niobrara River” shall mean and include the Niobrara River and its tributaries in Nebraska and Wyoming west of range 55 west of the 6th p.m. (b) The term “upper Niobrara River basin” or the term “basin” shall mean that area in Wyoming and Nebraska which is naturally drained by the Niobrara River west of range 55

west of the 6th p.m.


Not applicable.


Whole Basin (with exceptions) – tributaries, all land drained by river and tributaries “to whatever extent they lie within the party states.”


The entire river: ARTICLE I. Whereas, Wheeling Creek, a tributary of the Ohio River, arises in Pennsylvania, flows through Washington and Greene Counties of that Commonwealth, enters the State of West Virginia, flows through Marshall and Ohio Counties, West Virginia, and empties into the Ohio River at Wheeling, West Virginia;


Portions (ARTICLE II): C. The term “Yellowstone River basin” means areas in Wyoming, Montana, and North Dakota drained by the Yellowstone River and its tributaries, and includes the area in Montana known as Lake Basin, but excludes those lands lying within Yellowstone National Park. D. The term “Yellowstone River system” means the Yellowstone River and all of its tributaries, including springs and swamps, from their sources to the mouth of the Yellowstone River near Buford, North Dakota, except those portions thereof which are within or contribute to the flow of streams within the Yellowstone National Park. E. The term “tributary” means any stream which in a natural state contributes to the flow of the Yellowstone River, including interstate tributaries and tributaries thereof, but excluding those which are within or contribute to the flow of streams within the Yellowstone National Park. F. The term “interstate tributaries” means the Clarks Fork, Yellowstone River; the Bighorn River (except Little Bighorn River); the Tongue River; and the Powder River, whose confluences with the Yellowstone River are respectively at or near the city (or town) of Laurel, Big Horn, Miles City, and Terry, all in the state of Montana.



Question VI.A. Does the compact include, exclude or not address tributaries? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Included.


N/A


Included.


Included.


Included.


Included.


Yes. Various tributaries are identified and defined in Article II and are mentioned throughout the compact.


Included.


Included.


“Canadian river” includes North Canadian river and all other tributaries of said Canadian river. “North Canadian river” includes all tributaries of North Canadian river.


Included.

Chesapeake Bay Agreement of 1987, Chesapeake Bay

Included.

Program.


Included.


Includes – Art. II(a): “Colorado river system includes tributaries…”


N/A


N/A


Included.


No.


Includes (ARTICLE III): 1. Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and the St. Lawrence River, together with any and all natural or manmade water interconnections between or among them. 2. All rivers, ponds, lakes, streams, and other watercourses which, in their natural state or in their prevailing conditions, are tributary to Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior or any of them or which comprise part of any watershed draining into any of said lakes.


Includes (Definitions)” Great Lakes Basin water resources means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the Great Lakes Basin.


Not addressed.

Kansas-Missouri Flood Prevention and Control Compact, Missouri Revised

Not addressed.

Statutes §70.327 (1985).


Included.


All included.


Art.V: “The physical and other conditions peculiar to the La Plata river and the territory drained and served thereby constitute the basis for this compact, ...” (emphasis added)


para.6: to determine what additional local protection works and dams and reservoirs are required for a comprehensive system to control floods in the Merrimack River and its tributaries; ARTICLE I The principal purposes of this compact are: ...; (b) to provide adequate storage capacity for impounding the waters of the Merrimack River and its tributaries for the protection of life and property from floods; and (c) to provide a joint or common agency through which the signatory states, ... may more effectively cooperate in accomplishing the object of flood control and water resources utilization in the basin of the Merrimack River and its tributaries.


ARTICLE III: ... the provisions of this compact shall apply to the Mississippi River System, from its headwaters to its mouth at the Head of Passes, and laterally between its ordinary high water marks and its major tributaries consisting of the Missouri, Ohio, Obion, Hatchie, Tennessee, St. Francis, White, Arkansas, Yazoo, Big Black, and Homochitto Rivers. This compact shall not apply to the river’s other tributaries or adjacent waters unless ...


Included.


Not addressed.


Included.


N/A


Included (ARTICLE II): (a) The term “Pecos River” means the tributary of the Rio Grande which rises in north-central New Mexico and flows in a southerly direction through New Mexico and Texas and joins the Rio Grande near the town of Langtry, Texas, and includes all tributaries of said Pecos River. (b) The term “Pecos River Basin” means all of the contributing drainage area of the Pecos River and its tributaries above its mouth near Langtry, Texas


Includes the tributaries of the Potomac (see PREAMBLE)


3.01(e) The term “tributary” means any stream which contributes to the flow of the Red River. (f) The term “interstate tributary” means a tributary of the Red River, the drainage area of which includes portions of two or more Signatory States. (g) The term “intrastate tributary” means a tributary of the Red River, the drainage area of which is entirely within a single Signatory State.


excludes one: Article VII ... but said Commission shall have no power or jurisdiction over water levels or stream flow in the Otter Tail River which is known as that portion of the Red River originating in Becker and Otter Tail counties extending and flowing through in a southerly and southwesterly direction through the counties of Becker, Otter Tail and Wilkin, and emptying into the Red River of the North at the junction of the Boise de Sioux at Breckenridge, Minnesota and its chain of lakes and its tributaries.


Compact includes the tributaries of the Republican River. See Article II.


Tributary is defined as any stream which naturally contributes to the flow of the Rio Grande. Article IX says that CO agrees that “in the even the U.S. or NM 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.”


Included.


Included, Art II(a)(i).


Included, Art. III


Included.


Not addressed.


Included. (Art. I)


See Art. II (various rivers and estuaries)


Yes: Art. II(a) – “…and its tributaries.”


Included (ARTICLE II): (a) The term “upper Niobrara River” shall mean and include the Niobrara River and its tributaries in Nebraska and Wyoming west of range 55 west of the 6th p.m. (b) The term “upper Niobrara River basin” or the term “basin” shall mean that area in Wyoming and Nebraska which is naturally drained by the Niobrara River west of range 55 west of the 6th p.m.


N/A


Included.


N/A


Included (ARTICLE II): C. The term “Yellowstone River basin” means areas in Wyoming, Montana, and North Dakota drained by the Yellowstone River and its tributaries, and includes the area in Montana known as Lake Basin, but excludes those lands lying within Yellowstone National Park. D. The term “Yellowstone River system” means the Yellowstone River and all of its tributaries, including springs and swamps, from their sources to the mouth of the Yellowstone River near Buford, North Dakota, except those portions thereof which are within or contribute to the flow of streams within the Yellowstone National Park. E. The term “tributary” means any stream which in a natural state contributes to the flow of the Yellowstone River, including interstate tributaries and tributaries thereof, but excluding those which are within or contribute to the flow of streams within the Yellowstone National Park. F. The term “interstate tributaries” means the Clarks Fork, Yellowstone River; the Bighorn River (except Little Bighorn River); the Tongue River; and the Powder River, whose confluences with the Yellowstone River are respectively at or near the city (or town) of Laurel, Big Horn, Miles City, and Terry, all in the state of Montana.



Question VI.B. Does the compact include, exclude or not address imported waters? If so, how are “imported waters” defined? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not Addressed.


N/A


Not Addressed.


Does not address.


Includes- “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.”


Does not address.


No.


Does not address.


Waters from another river or source




Not Addressed.


Not Addressed.


Not Addressed.


Not Addressed/Excluded – Only applies to water within the natural drainage of the Colorado system.


N/A


N/A


Not Addressed.


No.


N/A


N/A


N/A


Not addressed.


Includes but does not define – Art. 5.4


N/A


N/A


No.


N/A


Not addressed.


Not addressed.


Not addressed.


N/A


N/A


N/A


Sec. 2.09. In the event any state shall import water into the Red River Basin from any other river basin, the Signatory State making the importation shall have the use of such imported water. (terms not defined)


No.


No.


Article X notes that “in the event water from another drainage basin shall be imported into the Rio Grande basin by the U.S. or CO or NM, or any of them jointly, the state having the right to the use of such water shall be given proper credit therefore in the application of the schedules.”

Transmountain diversion: is any 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.


Not addressed.


Not addressed.


Not addressed.


Not addressed.


N/A


N/A


N/A


Yes: Art. XVII – “now or hereinafter imported into net drainage basin…” this water is not charged against the allocations.


N/A


N/A


Not addressed.


N/A

Yellowstone River Compact, Pub. L. No. 82-231, 65 Stat.

Imported waters are not defined. However, see ARTICLE X: No water shall be diverted from the Yellowstone River basin

663 (1951). without the unanimous consent of all the signatory states. In the event water from another river basin shall be imported into the Yellowstone River basin or transferred from one (1) tributary basin to another by the United States of America, Montana, North Dakota, or Wyoming, or any of them jointly, the state having the right to the use of such water shall be given proper credit therefor in determining its share of the water apportioned in accordance with article V herein.



Question VI.C. Does the compact include, exclude or not address conserved or reused waters? If so, how are “conserved or reused waters” defined? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not Addressed.


Art.I, A: “... including return flow to the La Plata river (sic) from Animas river diversions ...”


Not Addressed.


Talks only about the conservation pool: defined as, “that portion of the total storage space in…the reservoir lying below the flood control storage.”


Does not address.


Does not address.


No.


Does not address.


Conserved, or unused, waters include all waters and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed.




Not Addressed.


Not Addressed.


Not Addressed.


Not Addressed.


N/A


N/A


Not Addressed.


No.


N/A


N/A


N/A


Not addressed.


Includes but does not define – Art. 5.4


N/A


N/A


No.


N/A


Not addressed.


Not addressed.


Not addressed.


N/A


ARTICLE II (h) The term “water salvaged” means that quantity of water which may be recovered and made available for beneficial use and which quantity of water under the 1947 condition was non-beneficially consumed by natural processes.


N/A


No.


No.


Compact talks about “Virgin Water Supply” which is “the water supply within the Basin un-depleted by the activities of man.” See Article II.


Does not define.


Included, but not defined.


Not addressed.


Not addressed.


Not addressed.


N/A


N/A


N/A


Not mentioned – compact focuses on use... if waters not used, Art. XVI says it’s not a relinquishment, abandonment, or forfeiture. This seems to be as close as the compact gets to conservation.


N/A


N/A


Not addressed.


N/A


N/A



Question VI.D. Does the compact include, exclude or not address stored waters (particular with regard to federal reservoirs)? If so, how are “stored waters” defined? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

“Water Resource Facility” means any facility or project constructed for the impoundment, diversion, retention, control or regulation of waters within the ACT Basin for any purpose.


Art. I, A: “The right to store and divert water ... for uses in New Mexico under the Animas-La Plata federal reclamation project ...”


“Water Resource Facility” means any facility or project constructed for the impoundment, diversion, retention, control or regulation of waters within the ACT Basin for any purpose.


Flood control storage (“stored waters”) are, “that portion of the total storage space in…the reservoir allocated to flood control purposes.”


That portion of the active storage of reservoirs, including multipurpose reservoirs, available for the storage of water for subsequent use, excluding any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses.


Briefly addresses in passing, although never even partially defines.


Stored water is defined as “water from another watershed.” Compact discusses use of stored waters in Article IX. Compact also mentions “Neponset Reservoir”. This reservoir is “located principally in sections 34 and 35, township 8 N, range 7 east, Salt Lake base and meridian, Utah, having the capacity of 6900 acre-feet.” (Article II).


Water supply measured in acre feet stored for beneficial use.


Waters stored for beneficial use.

Canadian River Compact, Pub. L. No. 82-345, 66 Stat. 74

“(d) The term ‘conservation storage’ means that portion of the capacity of reservoirs available for the storage of water for

(1952). subsequent release for domestic, municipal, irrigation and industrial uses, or any of them, and it excludes any portion of the capacity of reservoirs allocated solely to flood control, power production and sediment control, or any of them.


Not Addressed.


Not Addressed.


Not Addressed.


Not Defined – However, impounding… for power is subservient to agricultural and domestic uses. Further, Art. VIII deals with storage capacity greater than 5 million af in (or for) the lower basin, as allowing the upper basin to construct storage to satisfy lower versus upper basin claims, as long as the stored water does not conflict with the Art. III allocations.


N/A


Article IV – storage of X “inches of runoff from said drainage area.”


In regards to federal reservoirs – not addressed. In regards to future facilities, which can store water, each state will benefit by half of such water.


No.


N/A


N/A


Article II (h): notes that the District within the Jennings Randolph Lake Project, agrees to notify the other state, “of each reservoir drawdown prior thereto excepting drawdown

for the reestablishment of normal lake levels following flood control operations and drawdown resulting from routine water control management operations.”


Not addressed.


Included, not defined – but limited – Art. 5.2(c)


N/A


N/A


No.


N/A


Not addressed.


Not addressed.


Not addressed.


N/A


N/A

Potomac River Basin Interstate Compact, Pub. L. No. 76-93, 54 Stat. 748 (1940), as amended, Pub. L. No. 91-407,

N/A

84 Stat. 856 (1970).


3.01(k) The term “designated water” means water released from storage, paid for by non-Federal interests, for delivery to a specific point of use or diversion. (l) The term “undesignated water” means all water released from storage other than “designated water.” (m) The term “conservation storage capacity” means that portion of the active capacity of reservoirs available for the storage of water for subsequent beneficial use, and it excludes any portion of the capacity of reservoirs allocated solely to flood control and sediment control, or either of them.


No.


No mention of stored waters specifically. However, Article VI notes that the “right of any person, entity, or lower state to construct, or participate in the future construction and use of any storage reservoir or diversion works in an upper state for the purpose of regulating water herein allocated for beneficial consumptive use in such lower state, shall never be denied by an upper state.”


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 2,638,860 acre-feet. Credit water: is the amount of water in project storage which is equal to the accrued credit of CO, or NM, or both. Article VII states that “neither CO nor NM shall increase the amount of water in storage in reservoirs constructed after 1929 whenever there is less than 400,000 acre-feet of usable water in project storage.”


“Stored Waters” – means water stored in reservoirs (exclusive of domestic or stock water reservoirs) or water withdrawn or released from reservoirs for specific uses and the identifiable return flow form such uses.


Included, water stored in reservoir.


Included, not defined, waters stored in reservoirs. Art. V, sec. 2.

Susquehanna River Basin Compact, Pub. L. No. 91-575,

Stored Waters include the supplies of surface and ground waters of the basin, for the protection of public health, stream

84 Stat. 1509 (1970). quality control, economic development, improvement of fisheries, recreation, dilution and abatement of pollution, the prevention of undue salinity, and other purposes.


N/A


N/A


N/A


Yes: Art. V – this section never defines stored waters, but offers 2 different ways to treat evap. losses from said reservoirs based on time of construction and purpose of storage.


Federal storage not mentioned. “Stored Waters” isn’t explicitly defined. All limitations referring to “Stored Waters” are described in Art. V.


N/A


Not addressed.


N/A


N/A



Question VI.E. Does the compact include, exclude or not address groundwater? If so, how is “groundwater” defined? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

“Ground waters” means waters within a saturated zone or stratum beneath the surface of land, whether or not flowing through known and definite channels.


N/A


“Ground waters” means waters within a saturated zone or stratum beneath the surface of land, whether or not flowing through known and definite channels.


Does not address.


Does not address.


Does not address.


Compact does not define groundwater. The compact does mention that “subject to existing rights, each state shall have the use of water, including ground water, for ordinary domestic, and stock watering purposes.” (Article VI (E)).


Does not address.


Springs or water drawn from wells which are not drilled within 500 feet from any perennial streams which are not sealed form the surface to a depth of at least 50 feet (this would be regarded as surface water).




Not Addressed.


Not Addressed.


Not Addressed.


Not Addressed.


N/A


N/A


Not Addressed.


No.


N/A


Included but not defined. Definitions: Withdrawal means the removal or taking of water from surface or groundwater. Great Lakes Basin water resources means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the Great Lakes Basin.


N/A


Not addressed.


Identified as well water – but not defined otherwise Art. 2.2


Art.II.G. “Water” or “waters” shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water.


N/A


No.


N/A


Not addressed.


Not addressed.


Not addressed.


Article II: Definition of Terms C. “Water,” “waters” or “water resources” shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin.


N/A


N/A


No.


No.


No mention of groundwater.


Does not define.


Not addressed.


Not addressed.


Not addressed.


Not specifically defined. Only addresses it as the opposite of surface water.


N/A


N/A


N/A


Not addressed.


ARTICLE VI (a) Nebraska and Wyoming recognize that the future use of ground water for irrigation in the Niobrara River basin may be a factor in the depletion of the surface flows of the Niobrara River, and since the data now available are inadequate to make a determination in regard to this matter, any apportionment of the ground water of the Niobrara River basin should be delayed until such time as adequate date [data] on ground water of the basin are available.

Vermont-New Hampshire Interstate Public Water Supply

N/A

Compact, Pub. L. No. 104-126, 110 Stat. 884 (1996) Wabash Valley Compact, Pub. L. No. 86-375, 73 Stat. 694 (1959).

Not addressed.


N/A


N/A



Question VII.A.1. Allocation formula Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Specific allocation formula not included in the compact, it is to be developed at a later date.


As under Upper Colorado River Basin Compact, Articles III and XIV (63 Stat. 31)


All members of the ACF Basin Commission, including the Federal Commissioner, shall develop and unanimously agree upon an allocation formula for equitably apportioning the surface waters of the ACF Basin. The alternative approaches to the right were never mentioned, but instead left up to the Commission to create.


-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- Combinations of the above Notes: decree priorities kick in during time of drought. Release of water measured in cfs, and during extraordinary conditions, administration may authorize separate releases of water within separate release limits.


The amount of actual storage permitted in existing or future resources.


-- Specific diversion rights measured in fixed percentages of available flow -- Outflow as a proportion of actual inflow -- Combinations of the above


-- Combinations of the above Notes: Article V notes that water rights are recognized and administered in accordance with state law based on priority of rights (covers water applied to beneficial use prior to Jan. 1, 1976). Rights to water first applied to beneficial use on or

after Jan. 1, 1976 will be “satisfied from the respective allocations made to Idaho and Utah, and the water allocated to each state shall be administered in accordance with state law.” After that, the remaining water is subject to specific delivery obligations at particular points.


-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Combinations of the above


-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Combinations of the above


-- Specific quantities of water measured in terms of beneficial consumptive use -- Combinations of the above


This is not an allocation compact.






-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific delivery obligations at particular points -- Combinations of the above






-- The prior appropriation doctrine -- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Combinations of the above


No general allocation method is described. Article 3.3 ALLOCATIONS, DIVERSIONS AND RELEASES. The commission shall have the power from time to time as need appears, in accordance with the doctrine of equitable apportionment, to allocate the waters of the basin to and among the states signatory to this compact and to and among their respective political subdivisions, and to impose conditions, obligations and release requirements related thereto... Article 10 provides for the temporary implementation of a permit system in a shortage situation.


This compact focuses more on regulatory functions mostly outside of diversion/allocation of water. Diversion is mentioned only once without any detail (see (h)).

ARTICLE VII A. Stabilization of lake levels. B. Measures for combating pollution, beach erosion, floods and shore inundation. C. Uniformity in navigation regulations within the constitutional powers of the states. D. Proposed navigation aids and improvements. E. Uniformity or effective coordinating action in fishing laws and regulations and cooperative action to eradicate destructive and parasitical forces endangering the fisheries, wildlife and other water resources. F. Suitable hydroelectric power developments. G. Cooperative programs for control of soil and bank erosion for the general improvement of the Basin. H. Diversion of waters from and into the Basin. I. Other measures the Commission may recommend to the states pursuant to Article VI of this compact.


N/A- Water is not allocated; new diversions would be subject to a notice and consultation requirement (see Principal IV).


Compact does not deal with allocation formulas.


Not addressed – flood control compact.


-- The prior appropriation doctrine -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Combinations of the above


-- The prior appropriation doctrine -- Specific quantities of water measured in terms of beneficial consumptive use -- Combinations of the above


-- Specific delivery obligations at particular points Note: based on flow at state line; see VII.B.2.


Not an allocation compact.






-- Outflow as a proportion of actual inflow Note: “Agreements entered into pursuant to this compact shall contain a provision for the pro rata sharing of operating and maintenance costs based upon the ratio of actual flows to the plant as measured by devices installed to gauge such flows with reasonable accuracy.”


This is not an allocation compact, but strictly a water pollution control compact.


N/A Notes: ARTICLE III: DISTRIBUTION AND USE OF WATER ... B. Except as provided in this Article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of

Goose Lake Basin for use within the basin.


-- The prior appropriation doctrine -- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Combinations of the above Note: See ARTICLE III and VI


N/A; compact deals primarily with pollution.


-- Combinations of the above


Note: Not an allocation compact.


-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Combinations of the above Note: The compact notes that “beneficial consumptive use” is “defined to be that use by which the water supply of the Basin is consumed through the activities of man, and shall include water consumed by evaporation from any reservoir, canal, ditch or irrigated area.” (Article II). However, Article III then provides specific allocations in acre-feet to each state derived from “the computed average annual virgin water supply originating” in specific drainage basins.


-- Combinations of the above Notes: The water flow in this compact is divided into water credits (credit water is the amount of water in project storage which is equal to the accrued credit of CO or NM or both) and water debits (annual debits are the amounts by which actual deliveries in any calendar year fall below scheduled deliveries—there are also annual credits). Each year CO must deliver 10,000 acre-feet less than the sum of those quantities set forth in the compact’s tabulations of relationships. NM’s obligation to water is set forth in Article IV.


-- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Outflow as a proportion of actual inflow -- Combinations of the above


-- The prior appropriation doctrine -- Specific delivery obligations at particular points -- Combinations of the above


-- The prior appropriation doctrine -- Specific delivery obligations at particular points -- The amount of actual storage permitted in existing or future resources -- Combinations of the above


-- Specific quantities of water measured in terms of beneficial consumptive use -- Specific diversion rights measured in fixed percentages of available flow -- Specific delivery obligations at particular points -- Outflow as a proportion of actual inflow -- Combinations of the above Note: Specifically negates prior appropriations.


N/A- Pollution control compact


N/A – Flood control compact


N/A- Pollution control compact


-- Combinations of the above Note: Art. III sets out methodology – based on prior appropriation, use is the measure, but only within set percentages out of a specific quantity. “Inflow/Outflow” measurements per Art. IV will measure these quantities, the end result being a set delivery to Lee Ferry, per the CRC.


-- The prior appropriation doctrine -- The amount of actual storage permitted in existing or future resources -- Combinations of the above Note: See Art. V.


N/A


Note: Not engaged in allocation – this is all about planning.


N/A


-- The prior appropriation doctrine -- Specific quantities of water measured in terms of beneficial consumptive use -- Specific delivery obligations at particular points -- Combinations of the above Note: A combination - All prior appropriation/beneficial uses prior to Jan. 1, 1950 are preserved. All unappropriated waters after that date are divided on an annual water year basis, are measured at specific points, and are apportioned by percentage of the waters each state may allocate. See Art. V.



Question VII.A.2. Allocation formula: How are delivery obligations arising under the compact measured? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Other: Not addressed


Other: As under Upper Colorado River Basin Compact.


Never addressed.


On a seasonal basis.


Other: Compact only sets each subbasin’s storage capacity, does not mention delivery obligations.


On an annual basis.


On an annual basis.


On an annual basis.


On an annual basis.










On an annual basis. Note: Per Art. III(a), (b), (c) obligation is measured per annum, but on a 10 year aggregate for upper basin deliveries to the lower basin.






On a seasonal basis




N/A


N/A


N/A




On a seasonal basis.


N/A

La Plata River Compact, Pub. L. No. 68-346, 43 Stat. 796

-- On a seasonal basis – Art.II, 1: “at all times between the 1st day of December and the 15th day of the succeeding February,

(1925). ...” -- Other: otherwise based on flow at state line; see VII.C.1.






Does not deal with delivery obligations.


-- Other.


Not addressed.


N/A


-- On the basis of an average over a period of time. Note: ARTICLE VI: The following principles shall govern in regard to the apportionment made by Article III of this Compact: * * * (b) Unless otherwise determined by the Commission, depletions by man’s activities, state-line flows, quantities of water salvaged, and quantities of unappropriated flood waters shall be determined on the basis of three-year periods reckoned in continuing progressive series beginning with the first day of January next succeeding the ratification of this Compact.


-- Other: N/A


On an annual basis, see Secs. 4.01(b), 5.03(c).


N/A


On an annual basis


On an annual basis


On an annual basis


On an annual basis


On a seasonal basis


On the basis of an average over a period of time


N/A


N/A


N/A


On an annual basis Note – it’s an annual allocation between upper basin states, BUT the amount delivered at Lee Ferry is measured on a 10 year aggregate not to drop below 75 million af, per CRC.


On a seasonal basis, See Art. V.


N/A


Not Addressed.

Wheeling Creek Watershed Protection and Flood

N/A

Prevention District Compact, Pub. L. No. 90-181, 81 Stat. 553 (1967). Yellowstone River Compact, Pub. L. No. 82-231, 65 Stat. 663 (1951).

On an annual basis Note: Art. V.C. The quantity of water subject to the percentage allocations, in paragraph (b) (i), (ii), (iii) and (iv) of this article V, shall be determined on an annual water year basis measured from October 1st of any year through September 30th of the succeeding year.



Question VII.A.3. Allocation formula: Do delivery debits or credits carryover from one year to the next? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

No, one state may not demand use of water not used by the other state. Other credits not addressed.


N/A


Not addressed.


No.


Does not address.


No.


It is not clear from the Compact.


Does not mention, although either State may temporarily divert, or store for beneficial use, any unused percentages allotted to the other, but no continuing right shall be established.


Not addressed.




Not addressed.


Not addressed.

Program.


Not addressed.


There is carryover insomuch as the aggregate balance carries with you for 10 years.


N/A


N/A


No.




N/A


N/A


N/A




No.


N/A


No.






N/A


Not Addressed.


Not addressed.


N/A


Yes.


N/A


No.


N/A


Compact does not specify whether delivery debits or credits carry over from one year to the next.


It doesn’t appear that the credits actually carry over. Article VI says that “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.” Article VI also says that in any year in which there is actual spill of usable water, “all accrued debits of CO or NM, or both, at the beginning of the year shall be canceled.”


No allowance is given for debts of credits


Not addressed


No.


Not Addressed.


N/A


N/A


N/A


In the event of a need for curtailment in order to comply with Art. III of the CRC (10 year aggregate), the commission looks to past 10 years for overdraft repayment. In that respect, debits stay with you for 10 years.


N/A


N/A


Not Addressed.


N/A


N/A



Question: VII.A.4. Allocation formula: Are existing uses protected? If so, how are “existing uses” defined or quantified? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Compact will not affect laws within respective states concerning water quality or “riparian rights as among persons exclusively within each state.”


N/A


Only riparian rights among persons within each state as well as the United States are protected.


The only existing use protected is with regards to the Frontier canal. The Frontier canal diverts waters of the Arkansas River in CO west of the stateline for irrigation use in Kansas only. CO concedes to Kansas and Kansas hereby assumes exclusive administrative control over operation of canal and its headworks.


Does not address.


No.


Yes. “Existing uses” is not specifically defined. However, existing uses are noted and recognized throughout the document (see Article X, etc.).


Yes, I believe so. This compact, under its allocation of waters section, applies only to the unappropriated waters of the Belle Fourche River as of the date of the compact. It does not outright define “existing uses.”


No.


Article III - ‘All rights to any of the waters of Canadian River which have been perfected by beneficial use are hereby recognized and affirmed.’


Not addressed.


Not addressed.


Not addressed.


Yes, per Art. VIII – “present perfected rights… are unimpaired.”


N/A


N/A


Yes, either by decreed direct flow water rights, priority or “in the manner now prevailing in that area.”


Refers to the decree (see VII.A.5).


N/A


Existing diversions seem to be protected from the Notice and Consultation requirement: PURPOSE The purposes of this Charter are to . . . make secure and protect present developments within the region; and to provide a secure foundation for future investment and development within the region. Principle IV Prior Notice and Consultation It is the intent of the signatory States and Provinces that no Great Lakes State or Province will approve or permit any

major new or increased diversion or consumptive use of the water resources of the Great Lakes Basin without notifying and consulting with and seeking the consent and concurrence of all affected Great Lakes States and Provinces.


Existing fishing privileges remain in effect (Article III (c)); boundaries between Maryland and W. Virginia that preexisted the creation of Jennings Randolph Lake will be respected (Article I (b)(2)). Compact also states that “existing natural resources and boating laws and regulations…shall remain in force…until either state amends, modifies or rescinds its laws and regulations.” (Article III (b)).




Yes, “appropriations of record” Art. 5.2.


ARTICLE III.A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project.


Art. II.4: “the state of New Mexico shall not at any time be entitled to receive nor shall the state of Colorado be required to deliver any water not then necessary for beneficial use in the state of New Mexico;”






No.

New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact, Pub. L. No. 94-403, 90 Stat.

Not Addressed.

1221 (1976).


Not addressed.


N/A


N/A


N/A


Sec. 2.14. Subject to the availability of water in accordance with this Compact, nothing in this Compact shall be held or construed to alter, impair, or increase, validate, or prejudice any existing water right or right of water use that is legally recognized on the effective date of this Compact by either statutes or courts of the Signatory State within which it is located.


N/A


While not specifically referring to existing uses, Article XI (c) notes that “the United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation purposes, of the water allocated by this compact which may be impaired by the exercise of federal jurisdiction in, over, and to such waters.” Article XI (a) also states that the compact will become operative providing that “any beneficial consumptive uses by the United States, or those acting by or under its authority, within a state, of the water allocated by this compact, shall be made within the allocations hereinabove made for use in that state and shall be taken into account in determining the extent of use within the state.”


Article XVI says that the compact will not affect the obligations of the U.S. to Mexico under existing treaties, or to “the Indian tribes, or as impairing the rights of the Indian tribes.”


Yes, but only that in regards to “domestic use” – use of water by an individual, or by a family unit or household for drinking, cooking, laundering, sanitation and other personal comforts and necessities; and for the irrigation of an area not to exceed one acre, obtained directly from the Sabine River or its tributaries by an individual or family unit, not supplied by a water company, water district or municipality.


Yes, “validly established rights” Art. III.


No.


Only in regard to riparian rights – “Nothing contained in this compact shall be construed as affecting or intending to affect or in any way interfere with the law of the respective signatory parties relating to riparian rights.”


N/A


N/A


N/A


Compact mentions that allotments are sufficient to supply any existing rights – not a guarantee though, really. However, Art. IV(c) excludes pre 11/24/1922 water rights from curtailment calculations.


N/A


N/A


Not Addressed.


N/A


Yes, all beneficial uses appropriated prior to Jan. 1, 1950. ARTICLE V.A. Appropriative rights to the beneficial uses of the water of the Yellowstone River system existing in each signatory state as of January 1, 1950, shall continue to be enjoyed in accordance with the laws governing the acquisition and use of water under the doctrine of appropriation.



Question VII.A.5. Allocation formula: Is the compact subject to existing judicial decrees? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed.


N/A


No.


No.


Does not address, only states, “nothing in compact shall be deemed to impair or affect the powers, rights or obligations of the United States, or those claiming under its authority”.


Does not address, only states, “nothing in compact shall be deemed to impair or affect the powers, rights or obligations of the United States, or those claiming under its authority”.


To a certain extent. All allocations must be administered in accordance with state law (see Article V), and Article XIII notes that nothing in this compact “shall be deemed to affect the obligations of the U.S. to the Indian tribes.” Other than these existing rights, I don’t believe that the compact is subject to existing judicial decrees.


Yes.


No.




Not addressed.


Not addressed.


Not addressed.


At the time of ratification by the original 6 states, no. Now however, yes – see the 4 AZ v. CA cases for more info – these rulings are the only guidance as to how the lower basin allocates its allotment.


N/A


N/A


Yes.


Article 3.3(a) The commission, without the unanimous consent of the parties to the United States Supreme Court decree in New Jersey v. New York, 74 S. Ct. 842, 347 U.S. 995, 98 L.Ed.2d 1127 (1954), shall not impair, diminish or otherwise adversely affect the diversions, compensating releases, rights, conditions, obligations, and provisions for the administration thereof as provided in said decree; ... Article 3.5 SUPREME COURT DECREE: SPECIFIC LIMITATIONS ON COMMISSION. ... the commission shall not: (a) Acquire, construct or operate any project or facility or make any order or take any action which would impede or interfere with the rights, powers, privileges, conditions or obligations contained on said decree; (b) Impose or collect any fee, charge or assessment with respect to diversions of waters of the basin permitted by said decree; (c) Exercise any jurisdiction, except upon consent of all the parties to said decree, over the planning, design, construction, operation or control of any projects, structures or facilities constructed or used in connection with withdrawals, diversions

and releases of waters of the basin authorized by said decree or of the withdrawals, diversions or releases to be made thereunder; or (d) Serve as river master under said decree, except upon consent of all the parties thereto.


N/A


N/A


N/A




No.


N/A


No.






Yes.


Not Addressed.

Ohio River Valley Water Sanitation Compact, Pub. L. No. 76-739, 54 Stat. 752

Not addressed.

(1940).


N/A


N/A


N/A


No.


N/A


Compact does not specify whether its provision are subject to existing judicial decrees. Article X notes that nothing in the compact will “impair or affect any rights, powers or jurisdiction of the United States.”


Does not say.


No.


No.


No.


No.


Subject to existing compacts, ARTICLE X.A. Nothing contained in this Compact shall be construed so as to conflict with any provision of the Ohio River Valley Water Sanitation Compact or to impose obligations on any state inconsistent with those which it has undertaken or may undertake by virtue of its membership in said Compact; provided that nothing contained in this Article shall be deemed to limit the Commission’s power to set higher standards for the waters of the Tennessee River Basin Water Pollution Control District or

any portion thereof than those required for the Ohio River Valley Water Sanitation District.


N/A


N/A


No judicial decrees – compact exists subject to CRC. In addition, compact has no effect on 5 smaller agreements, incorporated at Art. X-XIV (totals counted against Art. III percentage allocations). No mention of any attached decrees to CRC or smaller compacts.


N/A


N/A


Not Addressed.


N/A




Question VII.B.1. Allocation formula Is the allocation subject to adjustment? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Allocation may be adjusted with a unanimous vote of ACT Commission.


No.


Yes, once adopted.


Yes.


Yes.


Yes.


Yes.


No.


No.


Yes.


Not addressed.


Not addressed.


Not addressed.


Yes – Art. III(f) allows for adjustment if further apportionment of unapportioned water post 10/1/1963 is needed when 1 basin reaches a total of 7.5 million af beneficial use. In addition, the lower basin is allowed to add an extra 1 million af per year.


N/A


N/A


Yes.


Yes, per Article 3.3.


N/A


N/A


N/A


Not addressed.


No.


N/A


Yes.




N/A

New England Interstate Water Pollution Control Compact, Pub. L. No. 80-292, 61 Stat. 682

N/A

(1947).


N/A


Not addressed.


N/A


No.


N/A

ARTICLE IV – REACH I No. ARTICLE V – REACH II Yes. ARTICLE VI – REACH III No. ARTICLE VII – REACH IV Yes.


ARTICLE VIII – REACH V No. Red River of the North Compact, Pub. L. No. 75-456, 52 Stat. 150 (1938).

N/A


The allocation is subject to adjustment based on quantities being physically available from the water basins (see Article IV).


Yes. Article VI notes that all credits and debits of CO and NM will be computed for each calendar year. Stream-gauging stations (which determine the flow of a body of water, which in turn will determine the amount of water that may be allocated) may be abandoned and new measurements substituted (with unanimous approval of the commission) when physical conditions change.


No.


Yes.


No.


Yes.


N/A


N/A


N/A


No – states cannot exceed their allotted percentage. The amount of the allotment might differ, but the ratio is set in stone.


N/A


N/A


Not Addressed.


N/A


The only adjustment comes from the annual water statistics that are divided by the percentages for allocation. There are no legal adjustment mechanisms.



Question VII.B.2. Allocation formula If the allocation is subject to adjustment, how is it done? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Allocation may be adjusted with a unanimous vote of ACT Commission.


N/A


By unanimous decision of the State Commissioners and the concurrence by the Federal Commissioner.


Aside from extraordinary circumstances earlier mentioned, the compact shall remain in effect until modified or terminated by unanimous action of the administration (which is composed of 3 representatives from each state).


By unanimous action of the states acting through their Commissioners and such changes are to be ratified by the legislatures of the respective States and consented to by Congress.


The Commission is to 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 form reservoirs, both existing and future.


Article XI says that applications for appropriation, for change of point of diversion, place and nature of use, and for exchange of Bear River water will be considered and acted upon “in accordance with the law of the state in which the point of diversion is located, but no such application shall be approved if the effect thereof will be to deprive any water user in another state of water to which he is entitled.” The official of each state in charge of water administration will report on the status of use of the respective allocations. The Compact commission may also review allocation in times of water emergencies.






“(b) Until more than 300,000 acre feet of conservation storage shall be provided in Oklahoma, exclusive of reservoirs in the drainage basin of Northern Canadian River and exclusive of reservoirs I the drainage basin of Canadian River east of the 97th meridian, the right of Texas to retain water in conservation storage, exclusive of waters of North Canadian River, shall be limited to 500,000 acre feet; thereafter the right of Teas to impound and retain such waters in storage shall be limited to an aggregate quantity equal to 200,000 acre feet plus whatever amount of water shall be at the same time in conservation storage in reservoirs in the drainage basin of Canadian River in Oklahoma, exclusive of reservoirs in the drainage basin of North Canadian River and exclusive of reservoirs east of the 97th meridian; and for the purposes of determining the amount of water in conservation storage, the maximum quantity of water in storage following each flood or series of floods shall be used; provided, that the right of Texas to retain and use any quantity of water previously impounded shall not be reduced by any subsequent application of the provisions of this paragraph (b). “(c) Should Texas for any reason impound any amount of water greater than the aggregate quantity specified in paragraph (b) of this Article, such excess shall be retained in storage until under the provisions of said paragraph Texas shall become entitled to its use; provided, that, in event of spill from conservation storage, any such excess shall be reduced by the amount of such spill from the most easterly reservoir on Canadian River in Texas; provided further, that all such excess quantities in storage shall be reduced monthly to compensate for reservoir losses in proportion to the total amount of water in the reservoir or reservoirs in which such excess water is being held; and provided further that on demand by the Commissioner for Oklahoma the remainder of any such excess quantity of water in storage shall be released into the channel of the Canadian River at the greatest rate practicable.


Not addressed.


Not addressed.


Not addressed.


2 states initiate – all states must then agree, along with congress on equitable apportionment.

Compact between Missouri and Illinois Creating the Bi-State Development Agency and the Bi-State Metropolitan District, Pub. L. No. 81-743, 64 Stat. 568

N/A

(1950), as amended, Pub. L. No. 86-303, 73 Stat. 582 (1959). Connecticut River Flood Control Compact, Pub. L. No. 83-52, 67 Stat. 45 (1953).



Water stored in Costilla Reservoir is divided between Col and NM, subject to adjustment by percentage contained in table within compact, when usable capacity of reservoir drops below 100% of usable capacity.


At Commission’s discretion.


N/A


N/A


N/A


Not addressed.


N/A


N/A


Art. II.2: a: “each state shall have the unrestricted right to use all the waters within its boundaries on each day when the mean daily flow at the Interstate [gauging] station is one hundred cubic feet per second, or more; b: “on all other days the state of Colorado shall deliver at the Interstate station a quantity of water equivalent to one-half of the mean flow at the Hesperus [gauging] station for the preceding day, but not to exceed one hundred cubic feet per second;”




N/A


N/A


N/A


Not addressed.


N/A


N/A


N/A

ARTICLE IV – REACH I N/A


ARTICLE V – REACH II Sec. 5.05, Subbasin 5 - Mainstem of the Red River and tributaries. (b) Water within this subbasin is allocated as follows:

(1) The Signatory States shall have equal rights to the use of runoff originating in subbasin 5 and undesignated water flowing into subbasin 5, so long as the flow of the

sas-Louisiana state boundary is r more, provided no state is

25 percent of the water in excess of cond.

Red River at the Arkan3,000 cubic feet per second oentitled to more than3,000 cubic feet per se

(2) Whenever the flow of the Red River at the Arkansas-Louisiana state boundary is less than 3,000 cubic feet per second, but more than 1,000 cubic feet per second, the States of Arkansas, Oklahoma, and Texas shall allow to flow into the Red River for delivery to the State of Louisiana a quantity of water equal to 40 percent of the total weekly runoff originating in subbasin 5 and 40 percent of undesignated water flowing into subbasin 5; provided, however, that this requirement shall not be interpreted to require any state to release stored water.

(3) Whenever the flow of the Red River at the

ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV Sec. 7.03. Special Provisions. (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

ARTICLE VIII – REACH V N/A Red River of the North Compact, Pub. L. No. 75-456, 52 Stat. 150 (1938).

N/A


Article III sates that if future computed virgin water supply of any source varies “more than 10 per cent from the virgin water supply” stated within the compact, “the allocations hereinafter made from such source shall be increased or decreased in the relative proportions that the future computed virgin water supply of such source bears to the computed virgin water supply used herein.”


If there is a change in allocation, a number of things are taken into consideration: 1. changed physical conditions (Article V) 2. actual spill (Article VI): “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.” 3. hypothetical spill (Article VI).


N/A


Diversion, on condition of replacement.


Not addressed.


By Commission approval.


N/A


N/A


N/A


N/A

Upper Niobrara River Compact, Pub. L. No. 91-52, 83 Stat. 86

N/A

(1969).


N/A


Not Addressed.


N/A


N/A



Question VII.B.3. Allocation formula If the allocation is subject to adjustment, how often is it done? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


That is left to the discretion of the Commission.


N/A


After 25 years following the effective date of this compact, the Commission may review any provisions, and shall meet for consideration of such review on the request of the Commissioners of either State.


Annually.


It appears that allocation is done as needed.








Not addressed.


Not addressed.

Program.


Not addressed.


No timeframe is listed – states initiate at their discretion.


N/A




Annually, as far in advance of the irrigation seasons as possible.


At Commission’s discretion.


N/A


N/A


N/A


Not addressed.


N/A


N/A


Daily, Art. II.2: a: “each state shall have the unrestricted right to use all the waters within its boundaries on each day when the mean daily flow at the Interstate [gauging] station is one hundred cubic feet per second, or more; b: “on all other days the state of Colorado shall deliver at the Interstate station a quantity of water equivalent to one-half of the mean flow at the Hesperus [gauging] station for the preceding day, but not to exceed one hundred cubic feet per second;”




N/A


N/A


N/A


Not addressed.


N/A


N/A


N/A

ARTICLE IV – REACH I N/A ARTICLE V – REACH II Not specified. ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV Not specified.


ARTICLE VIII – REACH V N/A


N/A


Allocation is adjusted annually (Article IV).


Allocation is recalculated every year (Article VI).


N/A


As needed – up to ½ of allocation for Wyo.


Not addressed.


“From time to time” – “The commission shall have power from time to time as the need appears to allocate the waters of the basin to and among the states signatory to this compact and impose related conditions, obligations, and release requirements.” Although it later states that the Commission is to annually adopt a water resources program.


N/A


N/A


N/A


N/A


N/A


N/A


Not Addressed.


N/A


N/A



Question VII.C.1. Allocation formula Is allocation based on water supply (i.e., normal flows, droughts, surpluses)? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


No.


Again, the allocation formula is to be created by the Commission.


Only in time of drought.


Allocation is based on conservation storage capacity.


Yes - normal flow.


Yes. See Articles IV,V and VI.


NO, does not mention anything in regards to the normal flows, droughts, or surpluses.


Yes.




Not addressed.


Not addressed.


Not addressed.


No – there is no mention of stream conditions, just the total 15 million af starting allocation split between the basins.


N/A




Yes.


Yes.


N/A


N/A


N/A


Not addressed.


Based on fixed amount of flow.


Art III.B.1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses:

(a) Domestic use, (b) Irrigation use, (c) Recreational use, including use for fish and wildlife, (d) Industrial use, (e) Generation of hydroelectric power, (f) Such other uses as are recognized under the laws of the state involved.


Yes (see VII.B.2).




N/A


N/A


No.


Not addressed.


N/A


Yes.


N/A

ARTICLE IV – REACH I No. ARTICLE V – REACH II Yes. ARTICLE VI – REACH III No. ARTICLE VII – REACH IV No.


ARTICLE VIII – REACH V N/A


N/A


Yes, based on water supply available within the water basins.


Yes.


Yes.


No.


Not addressed.


Yes.


N/A


N/A


N/A


Yes – upper basin was allotted “x” amount per year in CRC. This number is reduced by AZ’s 50K af. The remainder of the basin allotment depends on actual flow, which is divided by the percentages from Art. III (CO 51.75, NM 11.25, UT 23.00, WY 14.00). Art. X-XIV allocations count against these percentages.


N/A


N/A


Not Addressed.


N/A


Art. V(C). The quantity to which the percentage factors shall be applied through a given date in any water year shall be, in acre-feet, equal to the algebraic sum of: 1. The total diversions, in acre-feet, above the point of measurement, for irrigation, municipal, and industrial uses in Wyoming and Montana developed after January 1, 1950, during the period from October 1st to that given date; 2. The net change in storage, in acre-feet, in all reservoirs in Wyoming and Montana above the point of measurement completed subsequent to January 1, 1950, during the period from October 1st to that given date; 3. The net change in storage, in acre-feet, in existing reservoirs in Wyoming and Montana above the point of measurement, which is used for irrigation, municipal, and industrial purposes developed after January 1, 1950, during the period October 1st to that given date; 4. The quantity of water, in acre-feet, that passed the point of measurement in the stream during the period from October 1st to that given date.



Question VII.C.2. Allocation formula If allocation is based on water supply, are water supply triggers defined? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


N/A


There are two triggers mentioned: 1) when water stored in the conservation pool is reduced to less than 20,000 acre feet; and 2) if the administration finds conservation pool may or will be exhausted.


N/A


No.


Water emergencies are defined for each division (Article IV), and Article IV that “when the flow of water in an interstate tributary across a state boundary line is insufficient to satisfy water rights on such tributary in a lower state, any water user may file a petition with the commission.” Article V and VI define when additional storage rights when there is a surplus.




No.




Not addressed.


Not addressed.


Not addressed.


Not defined.


N/A




No.


No.


N/A


N/A


N/A


Not addressed.


N/A


N/A


Yes (see VII.B.2).




N/A


N/A


N/A


Not addressed.


N/A


No.


N/A

ARTICLE IV – REACH I N/A ARTICLE V – REACH II Yes; see VII (b)(2). ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV N/A



N/A


Water supply triggers appear to be availability of water and beneficial consumptive use of that water (see Articles III and IV).


Yes. Actual Release: amount of usable water released in any calendar year from the lowest reservoir comprising project storage. Actual spill: see definition above in VII.B.2.


No, but allows for the Commission to make findings as to the quantities of reservoir storage (including joint storage) and releases therefrom, diversions, transmission losses and as to incident stream flow changes, and as to the share of such quantities chargeable against or allocable to the respective states.


Not addressed.


Not addressed.


It only stresses flood and drought to be triggers.


N/A


N/A


N/A


No – commission is charged with monitoring quantities, but no trigger is given other than the unflagging obligation to deliver aggregate 75 million af over 10 year period to Lee Ferry.


N/A


N/A


Not Addressed.


N/A


Art. V(C). The quantity to which the percentage factors shall be applied through a given date in any water year shall be, in acre-feet, equal to the algebraic sum of: 1. The total diversions, in acre-feet, above the point of measurement, for irrigation, municipal, and industrial uses in Wyoming and Montana developed after January 1, 1950, during the period from October 1st to that given date; 2. The net change in storage, in acre-feet, in all reservoirs in Wyoming and Montana above the point of measurement completed subsequent to January 1, 1950, during the period from October 1st to that given date; 3. The net change in storage, in acre-feet, in existing reservoirs in Wyoming and Montana above the point of measurement, which is used for irrigation, municipal, and industrial purposes developed after January 1, 1950, during the period October 1st to that given date; 4. The quantity of water, in acre-feet, that passed the point of measurement in the stream during the period from October 1st to that given date.



Question VII.C.3. Allocation formula If drought is a water supply trigger, are any of the provisions of the compact suspended during drought periods? If so, what replaces them? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


N/A


If administration determined that conservation pool may or will be exhausted, CO reverts to administration of decree priorities, and Kansas shall not be entitles to any portion of the river flow entering the reservoir. Although the waters of the Arkansas River originating in CO which may flow across stateline during such period are apportioned to Kansas.


N/A


No.


Article IV provides that “When there is a water emergency . . . water shall be distributed therein as provided below.” While Article IV does not appear to suspend rights during drought periods, it does provide that different percentages of water will be distributed in the various regions. The Article also notes that if the commission finds that a water emergency exists, and that “interstate control of water of such tributary is necessary, [the commission] shall put into effect water delivery schedules based on priority of rights and prepared without regard to the state boundary line.” Article IV (E) also provides that “water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the commission.”




Drought is not a trigger.




Not addressed.


Not addressed.


Not addressed.


Not addressed.


N/A




No.


No, invoked.


N/A


N/A


N/A


Not addressed.


N/A


N/A


Yes. Art. II.3: “whenever the flow of the river is so low that in the judgment of the state engineers of the state, the greatest beneficial use of its waters may be secured by distributing all of its waters successively to the lands in each state in alternating periods, ... in such manner, for such periods and to continue for such time as the state engineers may jointly determine;”




N/A


N/A


N/A


Not addressed.


N/A


N/A


N/A

ARTICLE IV – REACH I N/A ARTICLE V – REACH II No. ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV N/A



N/A


Compact does not specify whether its provisions are suspended during drought periods.


It is unclear from the compact. Article V does say that if at any time the commission finds that because of changed physical conditions, reliable records are not obtainable (to determine allocation), new stream-gauging stations may be established. However, the compact does not say anything in particular about suspension of the compact in times of drought.


N/A


Not addressed.


Not addressed.


Yes – In the even of a drought, the commission after public hearing upon due notice given, may determine and delineate the area of the shortage and by unanimous vote declare a drought emergency therein. For the duration of the drought, emergency as determined by the commission, it thereupon may direct increases or decreases in any allocations, diversions, or releases previously granted or required, for a limited time to meet the emergency condition.


N/A


N/A


N/A


No changes to compact – in fact, if “extraordinary” drought threatens deliveries to Mexico, commission is to make findings so as to encourage reduction of the obligation to Mexico so US uses can continue.


N/A


N/A


Not Addressed.


N/A


N/A



Question VII.D. Downstream impacts Does the compact specify a level of adverse impact that must be accepted by the downstream state? If so, what is it? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


No.


N/A


No.


No.


Yes- “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 shall consist of not less than sixty percent (60%) of the current runoff of the basin.”


If a water emergency is deemed to exist, the commission will put into effect water delivery schedules based on priority of rights (see Article IV (C-D)).


No.


No.


No.


Not addressed.


Not addressed.


Not addressed.


No – the lower basin cannot have the allotment drop below 75 million af over the 10 year aggregate, but that’s it, they don’t have to accept anything else.


No.




Percentage table of usable water stored in reservoir.


As emergency dictates, per 3.3(a).


N/A


N/A


N/A


Not addressed.


No.


See Art. VII(C) on pollution control demands.


Art. II, 5: “... minor and compensating irregularities in flow or delivery shall be disregarded.”


No.


N/A


N/A


No.


Not addressed.


No.


No.


N/A

ARTICLE IV – REACH I No. ARTICLE V – REACH II 5.05 Subbasin 5--Mainstem of the Red River and tributaries. (d) No state guarantees to maintain a minimum low flow to a downstream state. ARTICLE VI – REACH III No. ARTICLE VII – REACH IV No.



N/A


Article VI deals with the right of “any person, entity, or lower state to construct, or participate in the future construction and use of any storage reservoir or diversion in an upper state for the purpose of regulating water herein allocated for beneficial consumptive use in such lower state, shall never be denied by an upper state; provided, that such right is subject to the rights of the upper state.”


No.


N/A


Not addressed.


Not addressed.


No.


N/A


N/A


N/A


Yes – Art. III(b)(3) states that “no state shall exceed apportioned use… to deprive another signatory state of its apportioned use…” So downstream states must accept everything, unless they are shorted.


N/A


N/A


Not Addressed… impacts and allocations not mentioned.


N/A


N/A



Question VII.E. Downstream demands Does the compact specify a basis on which a downstream state may demand that water be released by an upstream state? If so: Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


No.


No.


No.


Yes, when an upstream state has exceeded its conservation storage capacity within its subbasins,


No.


After consideration by the commission (Article IV (C-D)). States are allowed to purchase water rights from other holders (Article VIII), and if there is water available, it appears that the downstream states could be entitled to the water (See, for example, Article IV (2)(a).


No.


No.


No.


Not addressed.


Not addressed.


Not addressed.


Not really – the compact only establishes the requirement, not an enforcement procedure. Art. VIII mentions that storage water in lower basin, or for the benefit of the lower basin, once reaching a 5 million af level creates an ability in the upper basin to store water to satisfy lower basin claims.


N/A


N/A


No, - Colorado may call for water at any of the specified points of interstate delivery.


No.


N/A


N/A


N/A


Not addressed.


No.


N/A


No.


No.


N/A


No.


No.


Not addressed.


N/A


No.


N/A

ARTICLE IV – REACH I No ARTICLE V – REACH II (information not included in compact summary) ARTICLE VI – REACH III No. ARTICLE VII – REACH IV No.



N/A


Not specifically. Article VII states that a lower state may acquire water rights from an upper state by “purchase, or through the exercise of the power of eminent domain, for the construction, operation and maintenance of storage reservoirs…”


Article VIII stipulates that during the month of January, the commissioner from Texas may demand CO and NM, and the commissioner for NM ma demand of CO, the release of water from storage reservoirs to the amount of accrued debits.


No.


Not addressed.


Not addressed.


No.


N/A


N/A


N/A


No.


N/A


N/A


Not addressed.

Wheeling Creek Watershed Protection and Flood

N/A

Prevention District Compact, Pub. L. No. 90-181, 81 Stat. 553 (1967). Yellowstone River Compact, Pub. L. No. 82-231, 65 Stat. 663 (1951).

N/A



Question VII.E.1. Downstream demands Are there any conditions precedent that must be fulfilled by the downstream state prior to making such a demand (e.g., water conservation, exhaustion of existing supplies, utilization of storage or interbasin diversions)? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


N/A


N/A


No.


N/A


It would appear from a complete reading of the Compact, that the only condition is that one state has exhausted existing supplies (or that one state is withholding water from another state), and that there isn’t a water emergency in effect.


No.




N/A


Not addressed.


Not addressed.


Not addressed.


No – there are no precedents listed except for the 5 million af storage requirement before storage specifically to meet lower basin claims is allowed. Regardless, nothing would have stopped the lower basin from making demands if supply was insufficient.


N/A




No.


N/A


N/A


N/A


N/A


Not addressed.


No.


N/A


N/A


No.


N/A


No.


No.


Not addressed.


N/A


N/A


N/A



ARTICLE V – REACH II 5.05 Subbasin 5--Mainstem of the Red River and tributaries. (c) Whenever the flow at Index, Arkansas, is less than 526

the states of Oklahoma and Texas shall each allow ... c.f.s.,provided however, this provision shall be invoked only at the request of Arkansas, only after Arkansas has ceased all

diversions from the Red River itself in Arkansas above Index,and only if the provisions of Sub-sections 5.05(b)(2) and (3) have not caused a limitation of diversions in subbasin 5.

ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV N/A ARTICLE VIII – REACH V N/A


N/A


Before a downstream may make demands, the state must pay “to the political subdivisions of the state in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements during the ten years preceding the use of such lands.” (Article VII).


In order to make such demands, the downstream states can only make demands that are in “proportion to the total debit of [each state]”, and in amounts limited by their accrued debits, “sufficient to bring to bring the quantity of usable water in project storage to 600,000 acre-feet by March 1st.”


No.


Not addressed.


Not addressed.


N/A


N/A


N/A


N/A


N/A


N/A


N/A


Not addressed.


N/A


N/A



Question VII.E.2. Downstream demands Is there a burden of proof requirement (e.g., clear and convincing evidence of real and substantial injury or harm)? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


N/A


N/A


No.


N/A


No.


No.




No.


Not addressed.


Not addressed.


Not addressed.


Not addressed.


N/A




No.


N/A


N/A


N/A


N/A


Not addressed.


No.


N/A


N/A


No.


N/A


No.


No.


Not addressed.


N/A


No.


N/A

ARTICLE IV – REACH I N/A ARTICLE V – REACH II No. ARTICLE VI – REACH III N/A ARTICLE VII – REACH IV N/A



N/A


No.


No.

Sabine River Compact, Pub. L. No. 83-578, 68 Stat. 690

No.

(1954), as amended, Pub. L. No. 87-418, 76 Stat. 34 (1962). Snake River Compact, Pub. L. No. 81-464, 64 Stat. 29 (1950).

Not addressed.


Not addressed.


N/A


N/A


N/A


N/A


N/A


N/A


N/A


Not addressed.


N/A


N/A



Question VII.E.3. Downstream demands Must the upstream state respond? If not, what are the consequences? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed


N/A


N/A


N/A


Does not address, only states that the Commission is responsible for adopting the rules and regulations as a part of their duty in maintaining the compact.


N/A


If a downstream state can prove to the Compact commission that a water emergency exists, the commission can put into effect water delivery schedules based on priority of rights and prepared by the commission without regard to the boundary line (Article IV (C)).


N/A






Not addressed.


Not addressed.


Not addressed.


Not addressed.


N/A




No.


N/A


N/A


The “Permitting” state in not required to act on any objection except for initiating consultation: Consultation Procedures 5. The permitting State or Province will carefully consider the concerns and objections expressed by other Great Lakes States and Provinces, and the recommendations of any consultation process convened under this Charter. 6. The permitting State or Province will have lead responsibility for resolution of water management permit issues. The permitting State or Province will notify each affected Great Lakes State or Province of its final decision to issue, issue with conditions, or deny a permit.


N/A

Kansas-Missouri Flood Prevention and Control

Not addressed.

Compact, Missouri Revised Statutes §70.327 (1985). Kansas-Nebraska Big Blue River Compact, Pub. L. No. 92-308, 86 Stat. 193 (1972).

No.




N/A


No.


N/A


N/A


N/A


Not addressed.


N/A


N/A


N/A

ARTICLE IV – REACH I N/A ARTICLE V – REACH II Not specified. ARTICLE VI – REACH III N/A


ARTICLE VII – REACH IV N/A


N/A


Not clear from the language of the compact.


Yes, but only to the extent stipulated by the compact. Article IX also says that CO will consent to any construction that NM or the U.S. may undertake to divert the waters of the San Juan river, or any of its tributaries, into the Rio Grande in NM (provided the present and prospective uses of water in CO by these diversions are protected).


N/A


Not addressed.


Not addressed.


N/A


N/A


N/A


N/A


N/A


N/A


N/A


Not addressed.


N/A


N/A



Question VII.F.1. Water quality Does the compact include water quality requirements? Compact: Summary:


Allocation must be consistent with Clean Water Act, Endangered Species Act, National Environmental Policy Act and Rivers and Harbors Act. Compact also contains Article 17 on water quality, essential an agreement between states to maintain or increase water quality without interfering in the other state’s laws.


No.


Yes.


No.


No - only states, “the States of Kansas and Oklahoma mutually agree to the principle that neither state may require the other to provide water for the purpose of water-quality control ass a substitute for adequate waste treatment.


Yes - Arkansas and Oklahoma mutually agree to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act.


Not specifically, but the Compact does state that the Commission must cooperate with state agencies in matters relating to water pollution of interstate significance. (Article III (C)(5)).


No.


Yes.




Yes.

Program.


Yes.


Not addressed.


No.


No.


No.


No.


Provides for establishing standards. Article 5.2 The Commission may assume jurisdiction to control future pollution and abate existing pollution in the waters of the basin, whenever it determines after investigation and public hearing upon due notice that the effectuation of the comprehensive plan so requires.


Yes. ARTICLE VII.B. Measures for combating pollution, beach erosion, floods and shore inundation.


N/A


The compact was formed to “provide for joint natural resource management”, and discusses the compact’s desire to comply with NEPA (PREAMBLE).


Not addressed.


Yes, states are to cooperate to maintain/improve water quality. Art VI.


Yes.


No.


No.


ARTICLE IX. WATER QUALITY STANDARDS It is recognized, owing to such variable factors as location, size, character, and flow, and the many uses of the waters subject to the terms of this compact, that no single standard of pollutant or waste treatment and no single standard of quality of receiving waters is practical. The commission shall establish reasonable chemical and bacteriological guidelines for water quality satisfactory for various river classifications of use, considering the interstate impacts of downstream pollution. It is agreed that each signatory state shall classify, submit the existing classification of, or reclassify, the portions of the river that flow through its borders, to the commission for its review and recommendation. It is agreed that the signatory states through their appropriate health and water pollution control or other appropriate agencies shall establish or reestablish standards for the treatment of wastes, and other pollutants discharged into the river, subject to commission review and recommendation, and provide an inventory of pollution sources. The commission may from time to time recommend such changes in classifications and standards as may be required by changed conditions, uniformity, or to meet the primary purposes of this compact.


Yes.


Yes.

Ohio River Valley Water Sanitation Compact, Pub. L. No. 76-739, 54 Stat. 752

Yes, Article VI provides that water/sewage flowing between two or more states or from one state into another state is to contain 45% or less of settleable solids/suspended solids. Also

(1940). contains clause that commission may set other standards to be followed by states, municipalities, industry, and persons.


No.


No.


Yes. Article II describes the Commission’s duty to “conduct studies, sponsor research and prepare reports on, pollution and other water problems of the Conservancy District.” (Article II (a)). Further, Article V states that the Commission shall enact “adequate and, insofar as is practicable, uniform legislation for the abatement and control of pollution and use of such streams.”


Yes: Sec. 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. Sec. 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. Sec. 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,


Generally yes, but not specific standards or mechanisms. ARTICLE II. Each of the States of North Dakota, South Dakota and Minnesota undertake to cooperate with the other two states ... for the prevention of the pollution of such waters.


No mention of water quality is specifically mentioned, but Article I states that “the major purposes of this compact [include] . . . to remove all causes, present and future which might lead to controversies.” Theoretically, this could include water quality issues.


No. In fact, Article XV says: “the physical and other conditions characteristic of the Rio Grande and particular to the territory drained and served thereby…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.”


No.


Not addressed.


Not addressed.


Yes.


Yes. Art. VII.B. The Commission may establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use.


N/A


No. ARTICLE VI.1. It is recognized by the signatory states that, where tidal waters are used for such varied purposes as bathing, navigation, shellfish culture, the development of fish life and the disposal of wastes, no single standard of purity is practicable in all parts of the district. In order to attain the objects of this compact, the commission, after proper study and after conducting public hearings upon due notice, shall group the designated waters of the district into classes. Where local conditions shall have changed in the future to such an extent that changes in classification become necessary, the commission may, after conducting public hearings upon due notice, adopt such changes.


No.


N/A


N/A


Seems to, but not explicitly… Art. VI A.(4) – this seems to be implied by the language recommending standards for different purposes. Art. VI B.(4) – review is needed for appropriate sources of suitable water for different purposes.


N/A


No.



Question VII.F.2. Water quality Does the compact agency enforce EPA standards? Compact: Summary:


Not directly.


N/A


Yes.


No.


No.


Yes - Arkansas and Oklahoma mutually agree to utilize the provisions of all state and federal water pollution laws.


It would appear so because Article III (c) (5) states that “he Commission must cooperate with federal agencies in matters relating to water pollution of interstate significance.”


No.


Does not address.




Yes.


Yes.


Advises signatory states, enhances state functions – but lacks any enforcement capability.


No.


No.




No.


No; pre-EPA.


No.


N/A


Compact discuses complying with NEPA and the Fish and Wildlife Coordination Act (PREAMBLE).


Not addressed.


In compliance with the federal water quality act of 1965 and amendments. Art 6.3.


No.


N/A


No.


No.


No.


No.


Originally created before EPA, but now – yes, enforces EPA standards, Article VIII.


N/A


No.


It would appear so. Article II (d) requires the Commission to “cooperate with, assist, and provide liaison for and among, public and nonpublic agencies and organizations concerned with pollution and other water problems in the formulation and coordination of plans.” Article II (b) also requires the Commission to cooperate with federal agencies, organizations, groups and persons for the “purpose of promoting uniform laws, rules or regulations for the abatement and control of pollution of streams.”


No.


No.


No mention of the EPA is made in the compact. However, Article X states that the compact does not “impair or affect any rights, powers or jurisdiction of the U.S. . . . in, over and to the waters of the Basin.” Therefore, the compact agency would have to respect EPA standards.


Unclear, but probably not.


No.


Not addressed.


Not addressed.


No.


No.


N/A


No.


No – not per the compact itself … could be in commission rules I suppose.


N/A


N/A


Not addressed.


N/A


No.



Question VII.G.1. Enforcement What enforcement mechanisms are contained in the compact? Compact: Summary:


Commission may bring action in court to enforce compact other than allocation or compliance with allocation.


None.


“The Commission may, upon unanimous decision, bring an action against any person to enforce any provision of this Compact, other than the adoption or enforcement of or compliance with the allocation formula, in any court of competent jurisdiction.”


The creation of an interstate agency known as the Arkansas River Compact Administration.


The creation of the Kansas-Oklahoma Arkansas River Commission to adopt such rules and regulations necessary.


Creation of the Arkansas-Oklahoma Arkansas River Compact Commission to adopt rules and regulations as deemed necessary to carry out its duties.


Article XII notes that the U.S., a signatory state, person, corporation or association may institute or maintain “any action or proceeding, legal or equitable, for the protection of any right under state or federal law or under this compact.” The Compact Commission also has the authority to enforce the compact and its orders by suit or other appropriate action (Article III (D)(1)).


“It is the duty of the two states to administer the compact through the official in each state who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provision of this compact.”


Take such actions as it deems appropriate for the enforcement of the provisions of this compact including administering oaths or affirmations, compelling witnesses and the production of documents, contract with appropriate agencies, and obtain a

right of access to all properties necessary for the administration of this compact.




Not addressed.


Not addressed.


None.


Not addressed.


Article V: ... The bi-state agency is hereby authorized to make suitable rules and regulations not inconsistent with the constitution or laws of the United States or of either state, or of any political subdivision thereof, and subject to the exercise of the power of congress, for the improvement of the district, which when concurred in or authorized by the legislatures of both states, shall be binding and effective upon all persons and corporations affected thereby. The two states shall provide penalties for violations of any order, rule or regulation of the bi-state agency, and for the manner of enforcing same. …


Article V, last paragraph: Whenever the commission shall not agree, within a reasonable time or within sixty days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam and reservoir heretofore or hereafter constructed by the United States in the Connecticut River Valley, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes and for additional economic losses and damages caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a board of arbitration, hereinafter called the board, and the members so designated shall choose one additional member who shall be chairman of such board. Whenever the members appointed by the governors to such board shall not

agree within sixty days on such additional member of the board, the governors of such signatory states shall jointly designate the additional member. The board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the board on each question referred to it concerning reimbursement for loss of taxes and for economic losses and damages shall be binding on the commission and on each signatory state, notwithstanding any other provision of this compact.


Not addressed.


5.4 ENFORCEMENT [Pollution Control]. The Commission may, after investigation and hearing, issue an order or orders upon any person or public or private corporation or other entity, to cease the discharge of sewage, industrial or other waste into waters of the basin which it determines to be in violation of such rules and regulations as it shall have adopted for the prevention and abatement of pollution. Any such order or orders may prescribe the date, including a reasonable time for the construction of any necessary works, on or before which such discharge shall be wholly or partially discontinued, modified or treated, or otherwise conformed to the requirements of such rules and regulations. Such order shall be reviewable in any court of competent jurisdiction. The courts of the signatory parties shall have jurisdiction to enforce against any person, public or private corporation, or other entity, any and all provisions of this Article or of any such order. The Commission may bring an action in its own name in any such court of competent jurisdiction to compel compliance with any provision of this Article, or any rule or regulation issued pursuant thereto or of any such order, according to the practice and procedure of the court. 14.2 REGULATIONS: ENFORCEMENT. The Commission may: (a) Make and enforce reasonable rules and regulations for the effectuation, application and enforcement of this compact; and it may adopt and enforce practices and schedules for or in connection with the use, maintenance and administration of projects and facilities it may own or operate and any product or service rendered thereby; provided that any rule or regulation, other than one which deals solely with the internal management of the Commission, shall be adopted only after

public hearing and shall not be effective unless and until filed in accordance with the law of the respective signatory parties applicable to administrative rules and regulations generally; and (b) Designate any officer, agent or employee of the Commission to be an investigator or watchman and such person shall be vested with the powers of a peace officer of the state in which he is duly assigned to perform his duties. 14.17 PENAL SANCTION. Any person, association or corporation who violates or attempts or conspires to violate any provision of this compact or any rule, regulation or order of the Commission duly made, promulgated or issued pursuant to the compact in addition to any other remedy, penalty or consequence provided by law shall be punishable as may be provided by statute of any of the signatory parties within which the offense is committed; provided that in the absence of such provision any such person, association or corporation shall be liable to a penalty of not less than $50 nor more than $1000 for each such offense to be fixed by the court which the Commission may recover in it own name in any court of competent jurisdiction, and in a summary proceeding where available under the practice and procedure of such court. For the purposes of this section in the event of a continuing offense each day of such violation, attempt or conspiracy shall constitute a separate offense.


The compact does not allow for any enforcement or creation of laws. It only creates an advisory power to a Commission: ARTICLE VI.N: Make any recommendation and do all things necessary and proper to carry out the powers conferred upon the Commission by this compact, provided that no action of the Commission shall have the force of law in, or be binding upon, any party state.


N/A


Because the compact provides that MD, W. Virginia agree to have concurrent jurisdiction and “enforce[e] the civil and criminal laws of the respective states”, it would appear that should either state, or citizens of either state violate these provisions, the other state may instigate criminal or civil proceedings (Articles III and V).


Not addressed.


May institute action in its own name to compel compliance. Art 3.4.




Art. III: “The state engineers of the states by agreements, from time to time, may formulate rules and regulations for carrying out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other.”


Article V, last para: Whenever the commission shall not agree, within a reasonable time or within 60 days after a formal request from the governor of the state of New Hampshire or the Commonwealth of Massachusetts, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam and reservoir previously or hereafter constructed by the United States in the Merrimack River Valley, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes and for additional economic losses and damages caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a board of arbitration, hereinafter called the board, and the members so designated shall choose one additional member who shall be chairman of such board. Whenever the members appointed by the governors to such board shall not agree within 60 days on such additional member of the board, the governors of such signatory states shall jointly designate the additional member. The board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the board on each question referred to it concerning reimbursement for loss of taxes and for economic losses and damages shall be binding on the commission and on each signatory state, notwithstanding any other provision of this compact.


None.

New England Interstate Water Pollution Control Compact, Pub. L. No. 80-292, 61 Stat.

Provides for the establishment of a Commission of which shall promulgate rules and regulations for its management and control.

682 (1947).


Only states, “Agreements entered into pursuant to his compact shall contain a provision establishing a procedure for the adoption of regulations for the use, operation and maintenance of the joint facilities.”


Commission may issue an order to wholly or partially discontinue, modify or treat. Orders cannot go into effect until consented to by a majority of commissioners from a majority of states, and a majority of commissioners from the state affected. Art IX


ARTICLE VI: GENERAL PROVISIONS Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions.


None.


Article V provides that the signatory states agree to cooperate in the “abatement of existing pollution and the prevention of future pollution.” It would appear that state agencies have the right to enforce the compact provisions within their own state (see also Article II).


Sec. 10.01. The Commission shall have the power to: ... (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 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; ... Sec. 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;...


None.


Individual states regulate use according to the compact; uses of the waters are subject to the laws of the state for “use in which the allocations are made.” Article IV. Article IX notes that it is the duty of the three states to “administer this compact through the official in each state…such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.”


None, other than the establishment of the Rio Grande Compact commission. Controversies between the signatories may be taken to the U.S. Supreme Court for redress (Article XI).


“Each State shall provide such available facilities, supplies, equipment, technical information and other assistance as the Administration may require to carry out its duties and function, and the execution and enforcement of the Administration’s orders shall be the responsibility of the agents and officials of the respective States charged with the administration of water rights therein.


States may pursue court action if they desire.


Not addressed.


The commission shall have, exercise, and discharge its functions, powers and duties within the limits of the basin. Outside the basin, the commission shall act at its discretion, but only to the extent necessary to implement its responsibilities within the basin, and where necessary subject to the consent of the state wherein it proposes to act.


ARTICLE VIII.A. A state pollution control agency of any party state may certify to the Commission an alleged violation of the Commission’s standards of quality of water entering said state. Upon such certification the Commission may call a hearing at which the appropriate state pollution agencies shall be represented. If the Commission finds a violation has occurred, is occurring or is likely to recur, it shall make recommendations as to the manner of abatement of the pollution to the appropriate water pollution control agency of the party state within which the violation has occurred, is occurring or is likely to recur. In the event that Commission recommendations made pursuant to the preceding provisions of

this Article do not result in compliance within a reasonable time, the Commission may, after such further investigation if any as is deemed necessary and proper and after hearing held in the state where a violation occurs or has occurred, issue an order or orders upon any municipality, person, corporation or other entity within said party state violating provisions of this Compact by discharging sewerage or industrial wastes into the waters of the District which flow through, into or border upon any party state.


Art. V Whenever the commission shall not agree, within a reasonable time or within sixty days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes at any flood control dam and reservoir heretofore or hereafter constructed by the United States in the Thames River Valley in Massachusetts, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a board of arbitration, hereinafter called the board, and the members so designated shall choose one additional member who shall be chairman of such board. Whenever the members appointed by the governors to such board shall not agree within sixty days on such additional member of the board, the governors of such signatory states shall jointly designate the additional member. The board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the board on each question referred to it concerning reimbursement for loss of taxes shall be binding on the commission and on each signatory state, notwithstanding any other provision of this compact.


No.


None really – commission makes findings of facts and reports to governors. While they determine curtailment amounts, I don’t see any real way to follow through with findings.


ARTICLE VIII Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of any of its provisions.




None.


N/A


None except that the Commission can be sued (Art. III(G) and can make “rules and regulations” (Art. III(E)).



Question VII.G.2. Enforcement Are there any conditions precedent to utilization of the enforcement mechanisms (e.g., good faith negotiation requirements)? Compact: Summary:


Not addressed.


N/A


There is a mandatory non-binding mediation clause when there is a dispute between the states, and an available dispute resolution by an independent hearing officer or mediator in which the United States may initiate when there is a conflict between a State and the federal government.


No.


No.


No.


No.


No.


No.




Not addressed.


Not addressed.

Program.


Not addressed.


Not addressed.


No.


No.


No - Compact commission staff may promulgate rules by unanimous vote only.


No.


N/A


N/A


N/A


Not addressed.


No.


N/A


N/A


No.


N/A


No.


No.


Commission may issue such an order only after an investigation, notice and hearing. Art. IX


No.


No.


No.


Sec. 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.


N/A


No, only “unanimous” agreement for action.


No.


No.


No.


Not addressed.


No.


N/A


N/A


N/A


No.


No.


ARTICLE II.F. Contents of Agreements. Agreements entered into pursuant to this compact shall contain at least the following: 4. A provision establishing a procedure for the arbitration and resolution of disputes.


No.


N/A


N/A



Question VII.G.3. Enforcement Are contract remedies either included or excluded? Compact: Summary:


Included.


N/A


Included, “any action brought under this Article shall be limited to equitable relief only, and shall not give rise to a cause of action for money damages.”


Excluded.


Not addressed.


Included.


States have the ability to acquire water rights through purchase, subject to the stipulations of the compact (See Article VIII).Other than this Article, contract remedies are not mentioned.


Neither.


No.




Not addressed.


Not addressed.

Program.


Not addressed.


Art. IX – no limitations on any state proceedings, so state contract remedies would be included.


No.


No.


Excluded.


No.


Excluded.


N/A – excluded.


Doesn’t appear so.


Not addressed.


Not addressed.


No.


N/A


No.


No.


No.


Not addressed.


Excluded.


No.


Not.


No.


No.


No.


Contract remedies are not included or excluded in the compact.


No.


Mandatory arbitration when States are in dispute.


Not addressed.


Not addressed.


No.


N/A - not included.


Excluded.


N/A


Not mentioned, so excluded.


N/A – excluded.


N/A


Not addressed.


N/A


N/A



Question VII.H. Allocation formula Who monitors? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

-- Compact agency with independent staff -- Federal agency


No.


-- Individual states -- Compact agency with independent staff -- Federal agency


-- Compact agency with independent staff


-- Individual states




-- Individual states -- Compact agency with independent staff






-- Compact agency








-- Individual states - note: Art. V – states cooperate with the US BoR and USGS.


N/A


N/A




N/A


N/A


N/A


-- Individual states -- Federal agency (Corps of Engineers)










No allocation.


N/A






Not addressed. However, compact agency staff administers compact. Art. X.


N/A


-- Compact agency with independent staff (Art. IV).


N/A


-- Compact agency with independent staff - Sec. 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;


N/A


-- Individual states -- Federal agency Article IX notes that the “United States geological survey, or

whatever federal agency may succeed to the functions and duties of that agency … shall collaborate with the officials of the states charged with the administration of this compact in the execution of the [officials’] duties.”














N/A


N/A




-- Individual states. See Art. III.


N/A


Note: no allocation – commission researches and recommends.


N/A


-- Compact agency with independent staff The Commission has the primary duty but can work with other agencies. See ARTICLE IV - The commission shall itself, or in conjunction with other responsible agencies, cause to be established, maintained, and operated such suitable water gauging and evaporation stations as it finds necessary in connection with its duties.



Question VII.I. Allocation formula What is the source of the water supply data? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).



N/A












-- Individual states -- Federal agency












-- Individual states - note: Art. V – states cooperate with the US BoR and USGS.


N/A








-- Compact agency with independent staff. The Commission can collect all water data on the basin, including water supply: ARTICLE VI - The Commission shall have power to: A. Collect, correlate, interpret, and report on data relating to the water resources and the use thereof in the Basin or any portion thereof.


-- Individual states -- Compact agency with independent staff See IMPLEMENTATION OF PRINCIPLES


N/A








-- Individual states – Art. 1: “The state of Colorado, at its own expense, shall establish and maintain two permanent stream-gauging stations upon the La Plata river for the purpose of measuring and recording its flow, ...”


N/A


N/A






Not addressed.


N/A


-- Compact agency with independent staff (Art. IV).


N/A




N/A


-- Individual states -- Federal agency














-- Compact agency with independent staff -- Federal agency Art. III - The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers, United States Army, and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Thames River Valley. The commission shall not pledge the credit of the signatory states or either of them.


N/A


-- Compact agency with independent staff Note: Art. VIII(d)(4) – “engage in cooperative studies”.


-- Individual states -- Federal agency See Art. III.


N/A


Note: Art. VI A.(2) recommends coordination of studies by party states.


N/A


-- Individual states -- Compact agency with independent staff -- Federal agency See Art. III (C) and (D).



Question VII.J.1. Allocation formula – Agency action on water supply data Regardless of the source of the water supply data, does the compact agency take official action on data reports? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed.


N/A


That is left up to the Commission to decide.


Yes.


Yes.


Yes - The Commission shall 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.


Yes.


No Compact agency.


Yes.




Not addressed.


Advises signatories, acts as liaison.

Program.


Annual report to signatory states/general assemblies and special reports at request of states.


No – not unless the other assigned powers listed by Art. V(c) have been given.


N/A




Yes.


N/A


Only advisory action. Information collected is to be shared with all states/governors included in the compact.


No - Advisory only.


Not dealing with allocation formulas.


Not addressed.


Yes, ensures compliance Art. 3.4.




N/A


N/A


N/A


No.


No Agency created.


Allocation not addressed, however, commission is to report no less than once per year to their respective governors. Art. V.


No.


N/A


N/A


10.01 The Commission shall have the power to ... (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.


N/A


Yes. State officials are required to collect and correlate the data necessary for the proper administration of the compact’s provisions. See Article IX.


The Rio Grande Compact commission collects, correlates and presents the factual data and maintenance of records which have bearing on the administration of the compact. The commission makes annual reports available to the governors of CO, NM and TX. The commission may make recommendations to the respective states “upon matters connected with the administration of the compact.” (see Article XII). However, it appears from the compact language that it is the individual states that act on the data reports.


Yes.


No.


Yes.


Yes.


Yes- see enforcement.


No.


ARTICLE X 1. Subject to the provisions of this compact the commission, as soon as may be after its organization, after an investigation and after conducting public hearings upon due notice, shall by order prescribe the reasonable date on or before which each municipality or other entity discharging sewage into the designated waters within the district shall be treating such sewage in accordance with the standards specified in this compact. And such order may prescribe that certain specific progress shall be made at certain definite time prior to the final date fixed in such order.


Report to governors of signatory states; make estimates; make findings (on several subjects); adopt rules and regs. The big power: Art. VIII(d)(5) – “collect, analyze, correlate, preserve and report on data as to the stream flows, storage, diversions and the use of the waters…”


N/A


ARTICLE II.D. Review and Approval of Plans. The water supply agency of the state in which any part of a public water supply facility which is proposed under an agreement pursuant to this compact is proposed to be or is located, is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans and other engineering documents required to apply for federal grants-in-aid or grants-in-aid from said agency’s state, and to supervise and regulate the planning, design, construction, maintenance and operation of said part of the facility.


Yes – Art. VI lists these actions: Promote balanced development; recommend integrated plans and programs; secure necessary research and development programs; make recommendations; undertake additional functions.


No.


The Commission has the “jurisdiction” to take official action on data reports- See Art. III (C) – In addition to other powers and duties herein conferred upon the commission and the members thereof, the jurisdiction of the commission shall include the collection, correlation, and presentation of factual data, the maintenance of records having a bearing upon the administration of this compact, and recommendations to such states upon matters connected with the administration of this compact, and the commission may employ such services and make such expenditures as reasonable and necessary within the limit of funds provided for that purpose by the respective states, and shall compile a report for each year ending September 30 and transmit it to the governors of the signatory states on or before December 31 of each year


Question VII.J.2. Allocation formula – Agency action on water supply data If so, does the compact provide for the legal effect of such action?


Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed.


N/A


Yes.


Yes: salaries, personal expenses, and all other expenses incident to the administration of the compact including equipment, facilities, and other assistance as the administration may need to carry out its duties.


Yes, The Commission shall have the power to employ such engineering, legal, clerical and other personnel, as well as enter into contracts with the appropriate federal and state agencies, as well as establishing an office for the conduct of its affairs.


Yes.


Yes.




Yes.




Not addressed.


Not addressed.


No.


No.


N/A




The compact specifies the amount of water to be divided by the states, based on collection of data of compact staff.


N/A


No.


N/A


N/A


Not addressed.


Yes, may file suit Art. 3.4.




N/A


N/A


N/A


N/A


N/A


Compact may enforce orders that it issues in a court of jurisdiction or federal court. Art. IX.


N/A


No.


N/A


N/A


N/A


Appears that the allocation of water is binding on the states by virtue of this compact. See generally Article IX and the PREAMBLE.


Yes, see Article XI.


Yes.


No.


No.


Yes.


Yes - ARTICLE VIII.B. It shall be the duty of the municipality, person, corporation or other entity within a party state to comply with any such order against it or him by the Commission, and any court of competent jurisdiction in any of the party states shall have jurisdiction, by mandamus, injunction, specific performance or other form of remedy, to enforce any such order against any municipality, person, corporation or other entity domiciled, located or doing business within such state; provided, however, such court may review the order and affirm, reverse or modify the same in any appropriate proceeding brought and upon any of the grounds customarily applicable in proceedings for court review of administrative decisions. The Commission or, at its request, the Attorney General or other law enforcing official of the appropriate state shall have power to institute in such court any action for the enforcement of such order


N/A


ARTICLE XI 1. Each of the signatory states agrees that it will prohibit the pollution of the said waters within the district in accordance with the several articles of this compact, and that it will enact suitable and adequate legislation which will accomplish effectively the objects of this compact and which will enable its officers, departments, boards and agents to accomplish satisfactorily the obligations and duties assumed by the state under the terms of this compact, and it is further agreed that the courts of the several states shall have jurisdiction to enforce as against any person, corporation, municipality or other entity or any employee, department or subdivision of the respective signatory states any and all provisions of this compact.


Findings of fact not conclusive in court, but are prima facie evidence of facts found. No provision for legal effect of rules, regs, reports on data collected.


N/A


No.


It does not – this seems advisory only.


N/A


No.



Question VIII.A. Compact administrative agency Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

ACT Basin Commission ADECA, Water Resources Division Tel: 334-242-5499 Fax: 334-242-0776 [email protected]


Interstate Stream Commission Tel: 505-827-6160


ACF Basin Commission ADECA, Water Resources Division Tel: (334) 242-5499 Fax: (334) 242-0766 [email protected]


Colorado Water Conservation Board c/o Hal D. Simpson, Colorado State Engineer 1313 Sherman St., Room 721 Denver, CO 80203 Tel: (303) 866-3581 Fax: (303) 866-3589 Kansas: Tel: 785-296-3710 Fax: 785-296-1176 [email protected]


Kansas-Oklahoma Arkansas River Commission c/o E. Robert Hedman, Secretary Treasurer 3407 Tam O’Shanter P.O. Box 3063 Lawrence, KS 66046 Tel: (913) 842-4378 Kansas: Tel: 785-296-3710 Fax: 785-296-1176 [email protected] Oklahoma: Oklahoma Water Resources Board Tel: 405-530-8800 Fax: 405-530-8900

mailto:[email protected]



Arkansas Soil and Water Conservation Commission

Tel: (501) 682-1611

Oklahoma Water Resources Board

Arkansas-Oklahoma Arkansas River Compact Commission c/o Pris Houchens, Executive Assistant

101 E. Capitol, Suite 350 Little Rock, AR 72201-3823

Fax: (501) 682-3991

Tel: 405-530-8800 Fax: 405-530-8900


Bear River Commission Jack Barnett, Engineer-Manager 106 W. 500 S., Suite 101 Bountiful, UT 84010-6232 Tel: (801) 524-6320 Fax: (801) 525-6320 [email protected] Wyoming:

Fax: 307-777-5451

State Engineer Tel: 307-777-7354

[email protected] Belle Fourche River Compact, Pub. L. No. 78-236, 58 Stat. 94 (1944). Tel: (307) 777-7354

Wyoming: State Engineer

Fax: (307) 777-5451 [email protected]

Tel: (605) 773-5559

South Dakota: Department of Environment and Natural Resources


Yes.


NM: Canadian River Commission; NM

Bataan Memorial Building

Tel: (806) 827-6160

Interstate Stream Commission c/o Phillip B. Mutz, Interstate Stream Engineer

Room 101 Santa Fe, NM 87503



OK: Canadian River Commission; OK Water Resources Board

Fax: 512-239-2214

Tel: 405-530-8800 Fax: 405-530-8900

TX: Natural Resources Conservation Commission Tel: 512-239-4707

[email protected] Chesapeake Bay Agreement of 1983, Chesapeake Bay Program.

Yes.


Yes.

410 Severn Ave, Suite 109

Edward G Rendell - Chair, Office of the Governor Michael L Waugh - Senate of Pennsylvania Robert L Ehrlich Jr. - Office of the Governor Michael O Leavitt - U.S. Environmental Protection Agency Mark Warner - Office of the Governor Anthony Williams - Mayor, District of Columbia

Annapolis, MD 21403 (410) 267-5700 or 1 (800) YOUR BAY (968-7229)


Chesapeake Bay Commission 60 W. St., Suite 200 Annapolis, MD 21401 Tel: (410) 263-3420 Fax: (410) 263-9338 Ann Pesiri Swanson, Executive Director John A. Lipman, Maryland Director


NM: NM Interstate Stream Commission Tel: 505-827-6160 WY: State Engineer Tel: 307-777-7354 Fax: 307-777-5451 [email protected] CO: Colorado River Compact Commissioner NV: Colorado River Commission Tel: 702-486-2670 Fax: 702-486-2695

Compact between Missouri and Illinois Creating the

ARTICLE III: There is created “The Bi-State Development Agency of the Missouri-Illinois Metropolitan District” ...


Bi-State Development Agency and the Bi-State Metropolitan District, Pub. L. No. 81-743, 64 Stat. 568 (1950), as amended, Pub. L. No. 86-303, 73 Stat. 582 (1959). Connecticut River Flood Control Compact, Pub. L. No. 83-52, 67 Stat. 45 (1953).

Connecticut River Valley Flood Control Commission Box 511 Greenfield, MA 01302 Tel: (413) 773-3601 CT: Dept. of Environmental Protection Tel: 860-424-3001 Fax: 860-424-4153 [email protected]


Costilla Creek Compact Commission c/o Hal D. Simpson, Colorado State Engineer 1313 Sherman St., Rm. 818 Denver, CO 80203 Tel: (303) 866-3581 Fax: (303) 866-3589 NM: Tel: 505-827-6160


Delaware River Basin Commission 25 State Police Drive P.O. Box 7360 West Trenton, NJ 08628 Tel: (609) 883-9500 ext. 203 Fax: (609) 883-9522 [email protected]/drbc/Carol R. Collier, Executive Director David J. Goldberg, General Counsel David B. Everett, Chief Engineer Susan M. Weisman, Secretary [email protected]


Great Lakes Commission 400 4th St. Ann Arbor, MI 48103-4816 Tel: (313) 665-9135 Fax: (313) 665-4370 Dr. Michael J. Donahue, Executive Director IN: Department of Natural Resources Tel: 317-232-4020


http://www.state.nj.us/drbc/

Fax: 317-233-6811 [email protected] NY: Tel: 734-665-9135 OH: Tel: 614-265-6875 Fax: 614-261-9601 WI: Tel: 608-266-8234


See Water Resources Management Committee.


No compact administrative agency; both the MD and W. Virginia Natural Resources Division (and subsequent agencies) enforce the provisions of the compacts. Corps of Engineers are responsible to construct, maintain and operate public park and recreational facilities in reservoir areas under control of the U.S.


Kansas-Missouri Flood Prevention Commission


Kansas-Nebraska Big Blue River Commission c/o Don Blankenau, Legal Counsel Nebraska Department of Water Resources P.O. Box 94676 301 Centennial Mall S. Lincoln, NE 68509 Tele: (402) 471-0592 Fax: (402) 471-2900 Kansas: Tel: 785-296-3710 Fax: 785-296-1176 [email protected] Nebraska: Department of Water Resources Tel: 402-471-2363


Klamath River Compact Commission c/o Richard Fairclo, Attorney at Law 280 Main St. Klamath Falls, OR 97601 Tel: (541) 883-6935 Fax: (541) 884-9053 OR: Director, Water Resources Dept.



Tel: 503-378-2982 Fax: 503-378-2496


La Plata River Compact Commission c/o Hal D. Simpson, Colorado State Engineer 1313 Sherman St., Room 818 Denver, CO 80203 Tel: (303) 866-3581 Fax: (303) 866-3589 NM: State Engineer (505) 827-6091


Merrimack River Valley Flood Control Commission


ARTICLE V. THE COMMISSION There is hereby created the Mississippi River Interstate Pollution Control Commission or “commission”, which shall be a body corporate and politic, having powers, duties, and jurisdiction enumerated herein and such other additional powers as may be conferred upon it by the act or acts of signatories concurred in by the others.


New England Interstate Water Pollution Control Commission


No.


Ohio River Valley Water Sanitation Commission 5735 Kellogg Avenue Cincinnati, OH 45228-1112 TEL: 513 231 7719 FAX: 513 231 7761 www.orsanco.org


No.


Pecos River Commission 103 W. Callaghan Ft. Stockton, TX 79735 Tel: (915) 336-6640 Fax: (915) 336-6208 [email protected]


TX: Texas Natural Resources Conservation Commission Tel: 512-239-4707 Fax: 512-239-2214 [email protected] NM: Tel: 505-827-6160


Interstate Commission on the Potomac River Basin 6110 Executive Blvd. Rockville, MD 20852-3903 Tel: (301) 984-1908 Fax: (301) 984-5841 [email protected] www.gmu.edu/departments/bios/potomac/icprb/index.htm Joseph Hoffman, Executive Director, ICPRB


Red River Compact Commission c/o Pris Houchens, Executive Assistant Arkansas Soil and Water Commission 101 E. Capitol, Suite 350 Little Rock, AR 72201 Tele: (501) 682-1611 Fax: (501) 682-3991 OK: Oklahoma Water Resources Board Tel: 405-530-8800 Fax: 405-530-8900 AR: Tel: 501-682-1611 Fax: 501-682-3991 TX: Texas Natural Resources Conservation Commission Tel: 512-239-4707 Fax: 512-239-2214 [email protected]


None beyond the Commission.


Republican River Compact Administration c/o Don Blankenau, Legal Counsel Nebraska Department of Water Resources P.O. Box 94676 301 Centennial Mall, S. Lincoln, NE 68509 Tel: (402) 471-2363 Fax: (402) 471-2900


KS: Div. of Water Resources Tel: 785-296-3710 Fax: 785-296-1176 [email protected]


Arlene Ham, Chairwoman, Federal Representative Rio Grande Compact Commission 328 Reder Rapid City, SD 57701 Tel: 605-348-1506 NM: Tel: 505-827-6160 TX: Texas Natural Resources Conservation Commission Tel: 512-239-4707 Fax: 512-239-2214 [email protected]


Sabine River Compact Administration Sabine River Authority, State of Louisiana Attn. Ms. Mary Gibson, Secretary 15091 Texas Highway Many, LA. 71449-9730 Tel: (318) 256-4112 Fax: (318) 256-4179 TX: Texas Natural Resources Conservation Commission Tel: 512-239-4707 Fax: 512-239-2214 [email protected]


WY: State Engineer Tel: 307-777-7354 Fax: 307-777-5451 [email protected] ID: Water Allocation Bureau, Department of Water Resources


South Platte River Compact Commission c/o Hal D. Simpson, Colorado State Engineer 1313 Sherman St. Room 818 Denver, CO 80203 Tel: (303) 866-3581 Fax: (303) 866-3589 NE: Tel: 402-471-2363


Susquehanna River Basin Commission 1721 N. Front St. Harrisburg, PA 17102-2391



Tel: (717) 238-0422 Fax: (717) 238-2436

Richard A. Cairo, General Counsel/Secretary to the Commission

Paul O. Swartz, Executive Director Duane A. Friends, Chief Administrative Officer


Tennessee River Basin Water Pollution Control Commission


CT: Thames River Valley Flood Control Commission MA: Thames River Flood Control Compact Commission CT: Connecticut Department of Environmental Protection Tel: 860-424-3001 Fax: 860-424-4153 [email protected]


Interstate Sanitation Commission


Upper Colorado River Commission 355 S.400 E. Salt Lake City, UT 84111 Tel: (801) 531-1150 Fax: (801) 531-9705 NM: Tel: 505-827-6160 WY: State Engineer Tel: 307-777-7354 Fax: 307-777-5451 [email protected]


WY: State Engineer Tel: 307-777-7354 Fax: 307-777-5451 [email protected] NE: Department of Water Resources Tel: 402-471-2363


No - Just the individual municipalities entering into agreements.

Wabash Valley Compact, Pub. L. No. 86-375, 73

Wabash Valley Interstate Commission Note: Looks to be based in Terre Haute, IN – I can’t find any


Stat. 694 (1959). more recent or specific information however.


ARTICLE III. The Commonwealth of Pennsylvania and the State of West Virginia hereby creates as the governing body of the District the, “Wheeling Creek Watershed Protection and Flood Prevention Commission,” hereinafter called the Commission, which shall be a body corporate, with the powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the General Assembly of Pennsylvania and the Legislature of West Virginia or by act or acts of the Congress of the United States


WY: State Engineer Tel: 307-777-7354 Fax: 307-777-5451 [email protected] MT: Yellowstone River Compact Commission ND: Yellowstone River Compact Commission




Question VIII.B.1. Compact administrative agency What is the composition of the administrative agency? (Include contact information if available) Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Not addressed, other than granting power to create one.


N/A


One member representing the State of Alabama, one member representing the State of Florida, one member representing the State of Georgia, and one non-voting member representing the United States of America.


7 members.


7 members- 3 Commissioner from each state and the Commissioner or his alternate representing the United States.


8 members.


10 members.


“It is the duty of the two states to administer the compact through the official in each state who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provision of this compact.”


The Commission shall consist of 5 members from each state and one member as representative of the United States.


Four members.


Will consist of appropriate Cabinet designees of the Governors, Mayor of DC and regional administrator of EPA.


Under the 1987 Agreement membership changed from cabinet secretaries to the Governors of Maryland, Pennsylvania, and Virginia, the Administrator of the U.S. Environmental Protection Agency, the Mayor of the District of Columbia and the Chair of the Chesapeake Bay Commission, a legislative body serving Maryland, Pennsylvania, and Virginia.


21 members.


4 members.


ARTICLE IV: The bi-state agency shall consist of ten commissioners, five of whom shall be resident voters of the state of Missouri and five of whom shall be resident voters of the state of Illinois. ...


12 members.


2 members.


5 members.


36 members.


Representatives appointed from each state and province named in the Compact.


There is no agency, but the Compact does require that the natural resource management and enforcement agencies of each state will meet at least once annually to discuss the matters relating the management of natural resources and visitor use on lands and waters within the Lake (Article IV (a)).


11 members, one federal and five from each state. Article III, 3.2.


5 members.


3 members.


2 members.


ARTICLE II - There is created “The Merrimack River Valley Flood Control Commission,” referred to in this compact as the “commission,” which shall consist of 6 members, 3 of whom shall be residents of the Commonwealth of Massachusetts and one of whom shall be a resident of the Merrimack Valley, and 3 of whom shall be residents of the state of New Hampshire.


ARTICLE VI. COMMISSIONERS The commission shall consist of one commissioner from each signatory state, and one commissioner appointed on behalf of the United States.


5 Members, from each of the five signatory states each of whom shall be a resident voter of the state form which he was appointed.


N/A




N/A


3 members.


18 members.


9 members.


To be determined by the Commission - ARTICLE VI - The Commission shall elect from its number a chairman and vice-chairman and shall appoint and at its pleasure remove an executive secretary and such other officers and assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation.


Each state appoints an official with the duty of administering the public water supplies.


Four members make up the administrative agency.


5 members.


Respective state official.


2 members.


4 members. Each member may designate an alternate member, except that the alternate federal member shall also be an officer of the Corps of Engineers.


ARTICLE IV - The Commission shall consist of three Commissioners from each state, each of whom shall be a resident voter of such state. The Commissioners shall be chosen in the manner and for the terms provided by the laws of the state from which they are appointed, and each Commissioner may be removed or suspended from office as provided by the law of the state from which he is appointed.


ARTICLE II - There is hereby created “The Thames River Valley Flood Control Commission”, hereinafter referred to as the “commission,” which shall consist of six members, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut. The members of the commission shall be chosen by their respective states in such manner and for such terms as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed.


ARTICLE IV 1. The commission shall consist of five commissioners from each state, each of whom shall be a resident voter of the state from which he is appointed.

Upper Colorado River Basin Compact, Pub. L. No. 81-37,

5 members: One commissioner from CO, UT, NM, WY, then (if appointed by the President), a US commissioner.

63 Stat. 31 (1949).


One official from each state? See Art. III.


N/A


Seven commissioners from each state.


ARTICLE IV. The Commission shall consist of five commissioners from Pennsylvania and five commissioners from West Virginia, each of whom shall be a citizen of the commonwealth or state from which he is appointed. The commissioners from the commonwealth and from the state shall be chosen in the manner and for the terms provided by the laws of the commonwealth or state from which they shall be appointed, and any commissioner may be removed or suspended from office as provided by the law of the commonwealth or state from which he shall be appointed. Vacancies on the Commission shall be filled in the manner provided by the laws of the commonwealth or state among whose representation on the Commission the vacancy occurs.


ARTICLE III.A. It is considered that no commission or administrative body is necessary to administer this compact or divide the waters of the Yellowstone River basin as between the states of Montana and North Dakota. The provisions of this compact, as between the states of Wyoming and Montana, shall be administered by a commission composed of one (1) representative from the state of Wyoming and one (1) representative from the state of Montana, to be selected by the governors of said states as such states may choose, and one (1) representative selected by the director of the United States geological survey or whatever federal agency may succeed to the functions and duties of that agency, to be appointed by him at the request of the states to sit with the commission and who shall, when present, act as chairman of the commission without vote, except as herein provided.



Question VIII.B.2. Compact administrative agency How are state members selected? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

The governor of each member state shall act as representative known as State Commissioners.


N/A


The governor of each member state shall act as representative known as State Commissioners.


Three commissioners from each member state appointed by the governor of each state.


The governors of Kansas and Oklahoma appoint three commissioners.


Three members from each state; two residents within the river basin are appointed by the governor, subject to state Senate consent. One member from each state is the state water agency director.


Three commissioners from each member state appointed by the governor of each state.


Does not mention,


The California members shall consist of the Director of the Department of Water Resources of the State of California and four members appointed by the Governor. The Nevada member shall consist of the State Engineer of the State of Nevada and four members appointed by the Governor.


One commissioner appointed by the governor of each state.


Not addressed.


Under the 1987 Agreement membership changed from cabinet secretaries to the Governors of Maryland, Pennsylvania, and Virginia, the Administrator of the U.S. Environmental Protection Agency, the Mayor of the District of Columbia and the Chair of the Chesapeake Bay Commission, a legislative body serving Maryland, Pennsylvania, and Virginia.


Five members are chosen from each state’s general assembly and each state selects one member from outside of the legislative and executive branch of government. In addition, each state governor designates a member.


One commissioner appointed by the governor of each state. (I couldn’t find mention of this process in the compact itself).


ARTICLE IV: ... All commissioners shall reside within the bi-state district, the Missouri members to be chosen by the state of Missouri and the Illinois members by the state of Illinois in the manner and for the terms fixed by the legislature of each state except as herein provided.


Three commissioners appointed by the governor of each state. Two of the Massachusetts commissioners serve as ex-officio members.


State engineers from each member state.


Governors of the signatory states serve as ex-officio members.


Three to five commissioners selected in such manner as each state determines by law.


Appointment.


N/A


All ten state members shall be chosen and appointed by each state in the manner provided by the laws of the respective states. Article III, 3.2.


Each state has one ex-officio member. The governor of each state appoints an advisory member.


ARTICLE IX - One commissioner from each member state.


State engineers from each member state. Colorado’s state engineer is appointed by the director of the Dept. of Natural Resources. New Mexico’s is appointed by the governor.


ARTICLE II, para 2: The members of the commission shall be chosen by their respective states in such manner and for such term as may be fixed and determined from time to time by the law of each of said states, respectively, by which they are appointed.


ARTICLE VI. COMMISSIONERS ... The commissioners shall be chosen in the manner and for the terms provided by the jurisdiction from which they are appointed.


The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed.


N/A


According to the laws of their respective state. Most common method is: two members appointed by Gov., third member is head of environmental state agency. Art. IV.


N/A


One commissioner appointed by the governor of each member state.


Three commissioners from each signatory state appointed by the governor of each state and three commissioners appointed by the mayor of the District of Columbia.


Two members from each state; one resident within the Red River Basin are appointed by the governor, subject to consent of the state senate. One is the director of the state water resource agency.


Article V: The Tri-State Waters Commission, hereafter in this compact called the Commission, shall consist of nine Commissioners, three from each state, appointed by each state

in such manner and for such length of time as may be determined by the legislature thereof.


Each state appoints an official with the duty of administering the public water supplies.


One commissioner is appointed by the governor of each signatory state.


Two commissioners from each member state appointed by the governor of each state.


Respective state official.


Governor appoints one commissioner from each member state.


State members consist of governors of the signatory states or their designees.


ARTICLE IV - The Commission shall consist of three Commissioners from each state, each of whom shall be a resident voter of such state. The Commissioners shall be chosen in the manner and for the terms provided by the laws of the state from which they are appointed, and each Commissioner may be removed or suspended from office as provided by the law of the state from which he is appointed.


ARTICLE II - There is hereby created “The Thames River Valley Flood Control Commission”, hereinafter referred to as the “commission,” which shall consist of six members, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut. The members of the commission shall be chosen by their respective states in such manner and for such terms as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed.


ARTICLE IV 1. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed, and each commissioner may be removed or suspended from office as provided by the law of the state from which he shall be appointed.


One commissioner appointed by the governor of each member state, “in accordance with the laws of each state.”

Upper Niobrara River Compact, Pub. L. No. 91-52,

Appointment from governor (not specified)? See Art. III.

83 Stat. 86 (1969).


N/A


“According to the law of the state.”


ARTICLE IV. The commissioners from the commonwealth and from the state shall be chosen in the manner and for the terms provided by the laws of the commonwealth or state from which they shall be appointed . . .


State members are “selected by the governors of said states as such states may choose”.



Question VIII.B.3. Compact administrative agency How are federal members selected? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

One nonvoting member representing the federal government, known as Federal Commissioner, appointed by the president.


N/A


One non-voting member representing the federal government, known as Federal Commissioner, appointed by the President.


One commissioner representing the federal government appointed by the president.


The federal commissioner is appointed by the president but has no voting power.


Two federal representatives are appointed by the president; one federal commissioner and alternate federal commissioner.




N/A


The representative of the United States shall be chosen by the President of the United States.


One commissioner representing the federal government is appointed by the president.


Regional Administrator of EPA.


Under the 1987 Agreement membership changed from cabinet secretaries to the Governors of Maryland, Pennsylvania, and Virginia, the Administrator of the U.S. Environmental Protection Agency, the Mayor of the District of Columbia and

the Chair of the Chesapeake Bay Commission, a legislative body serving Maryland, Pennsylvania, and Virginia.


Not addressed.


One commissioner representing the federal government is appointed by the president. (I found no mention of this procedure in the compact).


N/A


N/A


N/A


One commissioner representing the federal government is appointed by the president.


N/A


N/A


N/A


The federal representative shall be appointed by the officer or officers having power to appoint him to federal office he then holds. Article III, 3.2.


The president appoints a federal representative.


ARTICLE IX - One commissioner representing the federal government. The federal commissioner is appointed by the president.


N/A


N/A


ARTICLE VI. COMMISSIONERS ... The commissioners shall be chosen in the manner and for the terms provided by the jurisdiction from which they are appointed.


There are no federal members.


N/A


Appointed by President or other method as directed by Congress. Art IV.


N/A


One commissioner, representing the federal government, appointed by the president.


Three commissioners, representing the federal government, appointed by the president.


One federal representative is appointed by the president and serves as chairman. The U.S. Army Corps of Engineers and U.S. Geological Survey are represented on the commission.


None.


Article IX notes that the U.S. Geological Survey collaborates with the officials of the state in implementing the compact provisions.


There is one federal representative.




USGS or subsequent agency.


Not addressed.


The President of the United States appoints one federal member.


N/A


N/A


N/A


One commissioner, representing the federal government, appointed by the president.


N/A


N/A


Only if federal law makes provision for such representation.


N/A


One member selected by the by the U.S.G.S. See Art. III.



Question VIII.C.1. Compact administrative agency Voting processes – What is required for official action? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Unanimous vote of commission.


N/A


Unanimity among the States and the concurrence by the Federal Commissioner.


Every decision, authorization or other action shall require a unanimous vote.


A unanimous vote.


Provisions of the Compact may be 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 Congress of the United States in the same manner as this Compact is required to be ratified to become effective.


The vote of at least two-thirds of the commissioners when a quorum is present (6 commissioners, two from each state, will constitute a quorum) is necessary for the action of the commission (Article III).


Appropriations may hereafter be adjudicated in the state in which the water is stored or diverted.


Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state (quorum).

Canadian River Compact, Pub. L. No. 82-345, 66 Stat. 74


(1952).


Not addressed.


Not addressed.


Quorum is required – defined as at least 11 members with at least 3 members from each signatory state. Majority vote is required for action.


Not mentioned – unanimous vote (by state legislatures and from Congress) needed for termination, and for ratification or alterations. Would seem to limit commissioner power to day-to-day operations.


Article V: ... Until otherwise determined by the legislatures of the two states no action of the bi-state agency shall be binding unless taken at a meeting at which at least three members from each state are present, and unless a majority of the members from each state present at such meeting shall vote in favor thereof. Each state reserves the right hereafter to provide by law for the exercise of the veto power by the governor thereof over any action of any commissioner appointed therefrom. ...


Article II, paragraph 3: A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any of its powers or the performance of any of its duties, but no action of the commission shall be binding unless at least two of the members from each state shall vote in favor thereof.


Unanimous vote of two members.


Article 2.5 VOTING POWER. Each member shall be entitled to one vote on all matters which may come before the commission. No action of the commission shall be taken at any meeting unless a majority of the membership shall vote in favor thereof.


ARTICLE IV.C. Each state delegation shall be entitled to three votes in the Commission. The presence of commissioners from a majority of the party states shall constitute a quorum for the transaction of business at any meeting of the Commission. Actions of the Commission shall be by a majority of the votes cast except that any recommendations made pursuant to Article VI of this compact shall require an affirmative vote of not less than a

majority of the votes cast from each of a majority of the states present and voting.


N/A


N/A Although the Compact does discuss how the states will contact one another should they desire to make any changes that might impact the lake. (See Article II).


Quorum is required for action – consisting of at least three members from each state. The Governor from members respective states may veto their vote within ten days – express intent is to be able to nullify the vote. Art. III, 3.4.


Unanimous vote.


ARTICLE IX(A)(2) Any action by the commission shall be effective only if it be agreed to by both voting members.


N/A


ARTICLE II, para 2: A majority of the members of each state shall constitute a quorum for the transaction of business, the exercise of any powers or the performance of any duties, but no action of the commission shall be binding unless at least 2 members from each state shall vote in favor of such action.


None specified.


“A majority of the members shall constitute a quorum but no action of the commission imposing any obligation on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof.”


N/A


One or more members from a majority of states. Art. V.


N/A


ARTICLE V(a) There is hereby created an interstate administrative agency to be known as the “Pecos River Commission.” The Commission shall be composed of one Commissioner representing each of the states of New Mexico and Texas, designated or appointed in accordance with the laws of each such state, and, if designated by the President, one 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


Compact does not specify specific voting processes; only that the Commission “shall adopt suitable bylaws” (Article I (a)).


Sec. 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.


Article VI: ... A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any powers, or the performance of any duties, but no action of the Commission shall be binding unless at least two of the members from each state shall vote in favor thereof.


Official action requires unanimous consent (Article IX).


To make changes to the compact, there must be unanimous consent (see Article XIII). Changes must then be ratified by the legislatures of the respective states and consented to by the Congress.


A quorum for any meeting shall consist of three voting members of the Administration. Each State member shall have one vote, and every decision, authorization, determination, order or other action shall require the concurring votes of at least three members.


Unanimous.


Not addressed.


No action of the commission may be taken unless three of the four members vote in favor thereof.


ARTICLE V.D. Each Commissioner shall have one vote. One or more Commissioners from a majority of the party states shall constitute a quorum for the transaction of business, but no action of the Commission imposing any obligation on any party state or any municipality, person, corporation or other entity therein shall be binding unless a majority of all of the members from such party state shall have voted in favor thereof. The Commission shall keep accurate accounts of all receipts and disbursements, and shall submit to the Governor and the legislature of each party state an annual report concerning its activities, and shall make recommendations for any legislative, executive or administrative action deemed advisable


Art. II - A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any of its powers or the performance of any of its duties, but no action of the commission shall be binding unless at least two of the members from each state shall vote in favor thereof.


ARTICLE V - A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any powers, or the performance of any duties, but no action of the commission shall be binding unless at least three of the members from each state shall vote in favor thereof.


4 for quorum – concurrence of 4 required for action (except as otherwise provided).


N/A


N/A


Art. III (b) – no binding action without a majority of members from each state present, and without a majority concurrence. Non-binding action can be ratified within 30 days – or, if majority concurs, the non-attendees vote by proxy with the attending members casting votes.


Article V - The presence of three commissioners from the Commonwealth of Pennsylvania and three commissioners from the State of West Virginia shall constitute a quorum, and a majority vote of the quorum shall be necessary to pass upon matters before the Commission.


Art. III.F. In case of the failure of the representatives of Wyoming and Montana to unanimously agree on any matter necessary to the proper administration of this compact, then the member selected by the director of the United States geological survey shall have the right to vote upon the matters in disagreement and such points of disagreement shall then be decided by a majority vote of the representatives of the states of Wyoming and Montana and said member selected by the director of the United States geological survey, each being entitled to one (1) vote.



Question VIII.C.2. Compact administrative agency Voting processes – Is there a tie-breaker provision? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

No, there is however, a dispute resolution Article, which includes mediation.


N/A


No.


In case of a divided vote, the administration may, by subsequent unanimous vote, refer the matter for binding arbitration to the Representative of the United States or other arbitrator or arbitrators.


No.


In case of a tie, 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 in the event of arbitration, there shall be three arbitrators: one chosen from the Arkansas agency created; one form the Oklahoma agency created; and one chosen by the two arbitrators who are selected as provided.


No.


N/A


No.




Not addressed.


Not addressed.


No.


Not addressed.


No.


Article V, last paragraph: Whenever the commission shall not agree, within a reasonable time or within sixty days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam and reservoir heretofore or hereafter constructed by the United States in the Connecticut River Valley, or concerning the extent, if any, to which reimbursement shall be made for additional loss of taxes and for additional economic losses and damages caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a person from his state as a member of a board of arbitration, hereinafter called the board, and the members so designated shall choose one additional member who shall be chairman of such board. Whenever the members appointed by the governors to such board shall not agree within sixty days on such additional member of the board, the governors of such signatory states shall jointly designate the additional member. The board shall by majority vote decide the question referred to it and shall do so in accordance with the provisions of this compact concerning such reimbursement. The decision of the board on each question referred to it concerning reimbursement for loss of taxes and for economic losses and damages shall be binding on the commission and on each signatory state, notwithstanding

any other provision of this compact.


No.


No.


No.


N/A


N/A


No.


No.


No.


N/A


ARTICLE II, para 2: ... but no action of the commission shall be binding unless at least 2 members from each state shall vote in favor of such action.


No.


No.


N/A


Not addressed.


N/A


No.




No.


No.


No.


No.


Yes, mandatory arbitration.


Federal official may mediate, majority vote of the three.


Not addressed.


No.


No.


No.


No.


Don’t see one – 5th commissioner should be the tie breaker, but the US commissioner isn’t required, only requested… Practically however, the 5th member will be there and protect against ties.


N/A


N/A


No.


No.


Art. III.F. In case of the failure of the representatives of Wyoming and Montana to unanimously agree on any matter necessary to the proper administration of this compact, then the member selected by the director of the United States geological survey shall have the right to vote upon the matters in disagreement and such points of disagreement shall then be decided by a majority vote of the representatives of the states of Wyoming and Montana and said member selected by the director of the United States geological survey, each being entitled to one (1) vote.



Question VIII.C.3. Compact administrative agency Voting processes – Does the federal representative, if any, vote? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

One nonvoting member representing the federal government, known as Federal Commissioner, appointed by the president.


N/A


No.


No.


No.


No.


The President does not have to appoint an additional commissioner representing the U.S. If the President chooses to appoint a commissioner, the commissioner will serve as chairman, without vote (Article III).


N/A


No.




Not addressed.


Not addressed.


Not addressed.


Not addressed.


N/A




No.


Yes.


N/A


N/A


N/A


No.


No.


No vote - ARTICLE IX(A)(2).


N/A


N/A


None specified.


N/A


N/A


Not addressed.


N/A


No vote; see Art V.




Does not.


No.


It does not appear that the federal representative votes. But it isn’t clear from the compact’s language.


No. The federal representative, designated by the president of the U.S., will act as the chairman of the commission without a vote (see Article XII).


No.


Only in mediation of dispute.


Not addressed.


Yes.


N/A


N/A


N/A


Yes – “same powers and rights” as a state commissioner.


N/A


N/A


Not addressed.


No.


Art. III.F. In case of the failure of the representatives of Wyoming and Montana to unanimously agree on any matter necessary to the proper administration of this compact, then the member selected by the director of the United States geological survey shall have the right to vote upon the matters in disagreement and such points of disagreement shall then be

decided by a majority vote of the representatives of the states of Wyoming and Montana and said member selected by the director of the United States geological survey, each being entitled to one (1) vote.



Question VIII.D.1. Compact administrative agency Powers – Are there express powers? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Yes.


No.


Yes.


Yes.


Yes.


Yes.


Yes.


Yes.


Yes.




Yes.


Not addressed.


Yes.


Yes – Art. V lists: “promote systematic determination and coordination of facts and interchange of info,” “secure publishing of flow data,” and “other duties.”


Yes.


Yes.


Compact Commission may promulgate rules necessary to carry out compact, hire staff to collect data.


Yes; Article 3.


Yes.


No.


There is no compact administrative agency. However, the compact provides that that the states of W. Virginia and Maryland will: 1. have and exercise concurrent jurisdiction for the purpose of

“enforcing the civil and criminal laws of the respective states pertaining to natural resources and boating laws.”

2. to inform the “reservoir manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project.”

3. develop “natural resource and boating management plans” 4. encouraging the dissemination of “joint publications, press

releases or other public information” 5. enter into “working arrangements as occasion demands for

the use of lands, waters, construction and use of buildings and other facilities at the project.” (Articles III and IV).


Yes.


Yes.


Yes.


No.


Article III: The commission shall constitute a body, both corporate and politic, with full power and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure; (3) to appoint and employ such agents and employees as may be required in the proper performance of the duties committed to it and to fix and determine their qualifications, duties and compensation; (4) to enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto; and (5) to have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either of said states, concurred in by the legislature of the other state and by the Congress of the United States. The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Merrimack River Valley.


ARTICLE VIII. COMMISSION AUTHORITY AND RESPONSIBILITY In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority: (1) To establish chemical and bacteriological guidelines for classifications of water use, and to review signatories laws pursuant to such guidelines for the purpose of making

recommendations relative to integrating the signatories water use. (2) To review and make recommendations relative to uniform collection and dissemination of data from the signatories’ discharge reductions credit programs. (3) To establish a waste registry and exchange to act as an interstate clearinghouse of information on waste availability. (4) To develop, prepare, and implement a comprehensive, cohesive water quality management plan for the purpose of reducing and subsequently eliminating the discharge of waste into the Mississippi River by January 1, 1998. Such plan shall be submitted to the signatories and shall be ratified by each state through its respective legislature. The plan shall become effective and binding for each state at the time its legislature ratifies and governor signs agreement with the plan.


Yes.


Yes.


Yes.


N/A


Yes.


Yes.


Yes.


Yes.


Yes.


Yes. See Article XII.


Yes.


Yes.


No.


Yes.


No.


Yes.




Yes – 13 are listed in Art. VIII(d), along with the power to appoint support employees (c).


ARTICLE III - Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.


ARTICLE II A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance and operation of public water supply facilities serving all the municipalities who are parties thereto. E. Federal Grants and Financing. 1. Application for federal grants-in-aid for the planning, design and construction of public water supply

facilities other than distribution facilities shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state’s allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective states determined jointly by the respective state water supply agencies. Each municipality shall be responsible for applying for federal and state grants for distribution facilities to be located within the municipal boundaries.


Yes.


Many - see ARTICLE VI: POWERS AND DUTIES.


Yes.



Question VIII.D.2. Compact administrative agency Powers – If so, what powers are conferred? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

-- Monitor compliance with allocation formula. -- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor water quality in accord with EPA standards. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers.


N/A

Apalachicola-Chattahoochee-Flint River Basin Compact, Pub. L. No. 105-104, 111 Stat. 2219 (1997). -- Monitor water quality in accord with EPA standards.

-- Monitor compliance with allocation formula. -- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna).

-- Monitor land use activities affecting water quality. -- Project construction and financing. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition.


-- Monitor compliance with allocation formula. -- Project construction and financing. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). Note: Each state shall provide such available facilities, equipment, and other assistance as the administration may need to carry out its duties. To supplement such available assistance, the administration may employ engineering, legal clerical, and other aid as in its judgment may be necessary for

the performance of its functions. Such employees shall be paid by and responsible to the administration, and shall not be considered employees of either state.


-- Monitor compliance with allocation formula. -- Project construction and financing. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition.


-- Monitor compliance with allocation formula. -- Monitor water quality in accord with EPA standards. -- Monitor land use activities affecting water quality. -- Project construction and financing. -- Rulemaking. -- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition.


-- Monitor compliance with allocation formula. -- Monitor water quality in accord with EPA standards. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Necessary and proper ancillary powers. Note: Under Article III, the commission may: 1. Engage in rule-making consistent with the compact. 2. Acquire, hold, convey or dispose of property 3. Enter into contracts as may be necessary to carry out its

duties under the compact. 4. Sue and be sued as a legal entity 5. Cooperate with state and federal agencies in matters

relating to water pollution 6. Perform all functions required of it by this compact and do

all things necessary, proper or convenient in the performance of its duties.

7. Commission will enforce this compact and its orders “by suit or other appropriate action”

8. Compile a report covering the work of the commission and expenditures.

Under Article IV(A)(3)(B) says that the commission will have

authority upon its own motion to: 1. declare a water emergency if there are diversions which

violate the compact and which encroach upon water rights in lower states.

2. make appropriate orders to prevent such encroachments to enforce such orders by action before a state administrative official or by court proceedings.


-- Rulemaking.


-- Monitor compliance with allocation formula. -- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor land use activities affecting water quality. -- Issuance of permits for project activities in basin and collect fees for same. -- Project construction and financing. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition.


-- Monitor compliance with allocation formula. -- Project construction and financing. -- Approval of interstate and interbasin transfers. -- Necessary and proper ancillary powers. Note: Article II(c) the term “commission” means the agency created by this compact for the administration thereof. Article IX(c)(3) perform all functions required of it by this compact and do all thing necessary, proper or convenient in the performance of its duties hereunder, independently or in cooperation with appropriate governmental agencies.


-- Monitor water quality in accord with EPA standards. -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers.


Not addressed.


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor water quality in accord with EPA standards. -- Monitor land use activities affecting water quality. -- Rulemaking. -- Necessary and proper ancillary powers.


-- Other. Note: Art. V lists: “promote systematic determination and coordination of facts and interchange of info,” “secure publishing of flow data,” and “other duties.” This is a very brief list, compared to the Upper Colorado compact.


-- Project construction and financing. -- Taxation. -- Rulemaking. -- Necessary and proper ancillary powers.

Article V: ... The bi-state agency is hereby authorized to make suitable rules and regulations not inconsistent with the constitution or laws of the United States or of either state, or of any political subdivision thereof, and subject to the exercise of the power of congress, for the improvement of the district, which when concurred in or authorized b

Note: Article III: ... The bi-state agency shall have the following powers: (1) To plan, construct, maintain, own and operate bridges, tunnels, airports and terminal facilities and to plan and establish policies for sewage and drainage facilities; (2) To make plans for submission to the communities involved for coordination of streets, highways, parkways, parking areas, terminals, water supply and sewage and disposal works, recreational and conservation facilities and projects, land use pattern and other matters in which joint or coordinated action of the communities within the areas will be generally beneficial; (3) To charge and collect fees for use of the facilities owned and operated by it; (4) To issue bonds upon the security of the revenues to be derived from such facilities; and, or upon any property held or to be held by it; (5) To receive for its lawful activities any contributions or moneys appropriated by municipalities, counties, state or other political subdivisions or agencies; or by the federal government or any agency or officer thereof; (6) To disburse funds for its lawful activities, and fix salaries and wages of its officers and employees; (7) To perform all other necessary and incidental functions; and (8) To exercise such additional powers as shall be conferred on it by the legislature of either state concurred in by the legislature of the other or by act of congress.

y the legislatures of

both states, shall be binding and effective upon all persons and corporations affected thereby.


-- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers. Note: See Article III


-- Monitor compliance with allocation formula. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Necessary and proper ancillary powers.


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor land use activities affecting water quality. Article 7 -- Issuance of permits for project activities in basin and collect fees for same. 10.3 -- Project construction and financing. 3.6 -- Taxation. 4.3; 4.12 -- Rulemaking.

(a) Plan, design, acquire, construct, reconstruct, complete, own, improve, extend, develop, operate and maintain any and all projects, facilities, properties, activities and services, determined by the commission to be necessary, convenient or useful for the purposes of this compact;

-- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. 3.10 -- Necessary and proper ancillary powers. 3.6(h) -- Other. 14.3 Condemnation Note: Article 3.6 GENERAL POWERS: The commission may:

(b) Establish standards of planning, design and operation of all projects and facilities in the basin which affect its water resources, including without limitation thereto water and waste treatment plants, stream and lake recreational facilities, trunk mains for water distribution, local flood protection works, small watershed management programs, and ground water recharging operations; (c) Conduct and sponsor research on water resources, their planning, use, conservation, management, development, control and protection, and the capacity, adaptability and best utility of each facility thereof, and collect, compile, correlate, analyze, report and interpret data on water resources and uses

in the basin, including without limitation thereto the relation of water to other resources, industrial water technology, ground water movement, relation between water price and water demand, and general hydrological conditions; (d) Compile and coordinate systematic stream stage and ground water level forecasting data, and publicize such information when and as needed for water uses, flood warning, quality maintenance or other purposes; (e) Conduct such special ground water investigation, tests, and operations and compile such data relating thereto as may be required to formulate and administer the comprehensive plan; (f) Prepare, publish and disseminate information and reports with respect to the water problems of the basin and for the presentation of the needs, resources and policies of the basin to executive and legislative branches of the signatory parties; (g) Negotiate for such loans, grants, services or other aids as may be lawfully available from public or private sources to finance or assist in effectuating any of the purposes of this compact; and to receive and accept such aid upon such terms and conditions, and subject to such provisions for repayment as may be required by federal or state law or as the commission may deem necessary or desirable; (h) Exercise such other and different powers as may be delegated to it by this compact or otherwise pursuant to law, and have and exercise all powers necessary or convenient to carry out its express powers or which may be reasonably implied therefrom.


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor water quality in accord with EPA standards. (can collect data) -- Monitor land use activities affecting water quality. (can collect data) Note: ARTICLE VI The Commission shall have power to: A. Collect, correlate, interpret, and report on data relating to the water resources and the use thereof in the Basin or any portion thereof. B. Recommend methods for the orderly, efficient, and balanced development, use and conservation of the water resources of the Basin or any portion thereof to the party state and to any other governments or agencies having interests in or jurisdiction over the Basin or any portion thereof. C. Consider the need for and desirability of public works and improvements relating to the water resources in the Basin or any portion thereof.

D. Consider means of improving navigation and port facilities in the Basin or any other portion thereof. E. Consider means of improving and maintaining the fisheries of the Basin or any portion thereof. F. Recommend policies relating to water resources including the institution and alteration of flood plain and other zoning laws, ordinances and regulations. G. Recommend uniform or other laws, ordinances, or regulations relating to the development, use and conservation of the Basin’s water resources to the party states or any of them and to other governments, political subdivisions, agencies of inter-governmental bodies having interests or in jurisdiction sufficient to affect conditions in the Basin or any portion thereof. H. Consider and recommend amendments or agreements supplementary to this compact to the party states or any of them, and assist in the formulation and drafting of such amendments or supplementary agreements. I. Prepare and publish reports, bulletins, and publications appropriate to this work and fix reasonable sales prices therefore. J. With respect to the water resources of the Basin or any portion thereof, recommend agreements between the governments of the United States and Canada. K. Recommend mutual arrangements expressed by concurrent or reciprocal legislation on the part of Congress and the Parliament of Canada including but not limited to such agreements and mutual arrangements as are provided for by Article XIII of the Treaty of 1909 Relating to Boundary Waters and Questions Arising Between the United States and Canada. (Treaty Series, No 548). L. Cooperate with the governments of the United States and of Canada, the party states and any public or private agencies or bodies having interests in or jurisdiction sufficient to affect the Basin or any portion thereof. M. At the request of the United States, or in the event that a Province shall be a party state, at the request of the Government of Canada, assist in the negotiation and formulation of any treaty or other mutual agreement between the United States and Canada with reference to the Basin or any portion thereof. N. Make any recommendation and do all things necessary and proper to carry out the powers conferred upon the Commission by this compact, provided that no action of the Commission shall have the force of law in, or be binding upon, any party state.


N/A


There is no compact administrative agency. However, the compact provides that that the states of W. Virginia and Maryland will: 6. have and exercise concurrent jurisdiction for the purpose of

“enforcing the civil and criminal laws of the respective states pertaining to natural resources and boating laws.”

7. to inform the “reservoir manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project.”

8. develop “natural resource and boating management plans” 9. encouraging the dissemination of “joint publications, press

releases or other public information” 10. enter into “working arrangements as occasion demands for

the use of lands, waters, construction and use of buildings and other facilities at the project.” (Articles III and IV).


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers.


-- Monitor compliance with allocation formula. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Necessary and proper ancillary powers.


-- Monitor water quality - ARTICLE VII -- Project construction and financing. -- Taxation - ARTICLE V(A) -- Approval of interstate and interbasin transfers - ARTICLE VI. -- Rulemaking - ARTICLE IX(C). -- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration) - ARTICLE VII(C)(1)-(3).


N/A


-- Necessary and proper ancillary powers. -- Other. Note: Article III: The commission shall constitute a body, both corporate and politic, with full power and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure;

(3) to appoint and employ such agents and employees as may be required in the proper performance of the duties committed to it and to fix and determine their qualifications, duties and compensation;

(4) to enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto; and (5) to have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either of said states, concurred in by the legislature of the other state and by the Congress of the United States.

The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Merrimack River Valley.


Note: ARTICLE VIII. COMMISSION AUTHORITY AND RESPONSIBILITY In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority:

(3) To establish a waste registry and exchange to act as an interstate clearinghouse of information on waste availability.

-- Other.

(1) To establish chemical and bacteriological guidelines for classifications of water use, and to review signatories laws pursuant to such guidelines for the purpose of making recommendations relative to integrating the signatories water use. (2) To review and make recommendations relative to uniform collection and dissemination of data from the signatories’ discharge reductions credit programs.

(4) To develop, prepare, and implement a comprehensive, cohesive water quality management plan for the purpose of reducing and subsequently eliminating the discharge of waste into the Mississippi River by January 1, 1998. Such plan shall be submitted to the signatories and shall be ratified by each state through its respective legislature. The plan shall become effective and binding for each state at the time its legislature ratifies and governor signs agreement with the plan.

New England Interstate Water Pollution Control Compact,

-- Monitor water quality -- Rulemaking.

Pub. L. No. 80-292, 61 Stat. 682 (1947). New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact, Pub. L. No. 94-403, 90 Stat. 1221 (1976).

-- Project construction and financing. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration).


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor water quality in accord with EPA standards. -- Project construction and financing. -- Rulemaking. -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. Necessary and proper ancillary powers. Note: Commission is a body corporate and is to develop by-laws, elect chairperson, etc.


N/A


-- Monitor compliance with allocation formula. -- Project construction and financing. -- Rulemaking. Note: Art. V(d) The Commission, so far as consistent with this Compact, shall have power to: 1. Adopt rules and regulations; 2. Locate, establish, construct, operate, maintain, and abandon water gauging stations, independently or in cooperation with appropriate governmental agencies; 3. Engage in studies of water supplies of the Pecos River and its tributaries, independently or in cooperation with appropriate governmental agencies; 4. Collect, analyze, correlate, preserve and report on data as to the stream flows, storage, diversions, salvage, and use of the waters of the Pecos River and its tributaries, independently or in cooperation with appropriate governmental agencies; 5. Make findings as to any change in depletion by man’s activities in New Mexico, and on the Delaware River in Texas; 6. Make findings as to the deliveries of water at the New Mexico-Texas state line; 7. Make findings as to the quantities of water salvaged and the amount thereof delivered at the New Mexico-Texas state line; 8. Make findings as to quantities of water non-beneficially

consumed in New Mexico; 9. Make findings as to quantities of unappropriated flood waters; 10. Make findings as to the quantities of reservoir losses from reservoirs constructed in New Mexico which may be used for the benefit of both states, and as to the share thereof charged under Article VI hereof to each of the states; 11. Acquire and hold such personal and real property as may be necessary for the performance of its duties hereunder and to dispose of the same when no longer required; 12. 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; 13. Make and transmit annually to the Governors of the signatory states and to the President of the United States on or before the last day of February of each year, a report covering the activities of the Commission for the preceding year.


-- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor water quality in accord with EPA standards. -- Monitor land use activities affecting water quality. -- Rulemaking. -- Necessary and proper ancillary powers. --Other. Note: Commission must “disseminate to the public information in relation to stream pollution problems and the utilization, conservation and development of the water and associated land resources of the Conservancy District.” (Article II (c)). Commission also must establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use.” (Article II (F)(2)).


-- Monitor compliance with allocation formula. -- Rulemaking. -- Adjudication of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Other. Note: ARTICLE X and Sec. 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.


-- Necessary and proper ancillary powers. Note: ARTICLE VIII. The Commission shall have power to cooperate with any duly authorized federal, state or municipal agency in studies and surveys, construction, maintenance and operation of water projects within the scope of its jurisdiction. The Commission shall be authorized to exercise the power of eminent domain, to acquire such real and personal property as may be reasonably necessary to effectuate the purposes of this compact, and to exercise all other powers not inconsistent with the constitutions of the States of North Dakota, South Dakota and Minnesota, or with the Constitution of the United States, which may be reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes, and generally to exercise in connection with the property and affairs and in connection with property within its control any and all powers which may be exercised by a private corporation in connection with similar property and affairs.


-- Monitor compliance with allocation formula. -- Monitor land use activities affecting water quality. -- Approval of interstate and interbasin transfers. Engage in water banking (apparently). --Rulemaking.


--Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). --Monitor land use activities affecting water quality. -- Engage in water banking. -- Rulemaking. -- Other. Notes: 1. Commission may abandon and establish stream-gauging

stations if physical conditions of the waterways should change (Article V).

2. Commission may, by unanimous action, “authorize the release from storage of any amount of water” by reason of “accrued debits of CO or NM” (Article VI).

3. Collect, correlate and present factual data and the maintenance of records to the respective states (Article XII).

4. By unanimous action, make recommendations to the respective states upon matters connected with the administration of the compact (Article XII).

5. The Commission, by unanimous action, adopt rules and regulations consistent with the provisions of the compact to govern their proceedings (Article XII).

6. By unanimous action, the commission may review and amend any provisions of the compact that do not fundamentally alter the basic principles upon which the compact is formed (Article XIII).


-- Monitor compliance with allocation formula. -- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Project construction and financing. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Mediation of disputes under compact pursuant to mandatory procedures (primary jurisdiction, e.g. mandatory arbitration). -- Necessary and proper ancillary powers.


-- Rulemaking. Note: Each state adheres to rules/laws of respective state.


N/A


-- Monitor compliance with allocation formula. -- Prepare and maintain comprehensive river basin plan for interrelated activities (e.g., Delaware and Susquehanna). -- Monitor land use activities affecting water quality. -- Issuance of permits for project activities in basin and collect fees for same. -- Project construction and financing. -- Taxation. -- Approval of interstate and interbasin transfers. -- Rulemaking. -- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers. Note: “The commission may constitute and empower advisory committees. The commissioner shall provide for the internal organization and administration of the commission.” No other description of the composition and structure of the

administration is given.


N/A


-- Rulemaking. Note: Art. II - The commission shall adopt suitable bylaws and shall make such rules and regulations as it may deem advisable not inconsistent with laws of the United States, of the signatory states or with any rules or regulations lawfully promulgated thereunder.




-- Monitor compliance with allocation formula. -- Rulemaking. -- Necessary and proper ancillary powers. Note: Commission also, per Art IV has the power to curtail use in upper basin states to ensure delivery to Lee Ferry – this is possibly incorporated in the necessary and proper clause, Art. VIII(d)(12).


-- Rulemaking. -- Necessary and proper ancillary powers (apparently).


-- Project construction and financing. -- Taxation. Note: ARTICLE I.C. Definitions. 2. “Municipalities” shall mean cities, towns, village districts or other incorporated units of local government possessing authority to construct, maintain and operate public water supply facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce regulatory control upon users of public water supply facilities. ARTICLE II.E. Federal Grants and Financing. 2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design and construction cost of public water supply facilities constructed and operated as joint facilities

pursuant to this compact.


-- Appointment of committees, subcommittees or advisory groups. Describe structure and composition. -- Necessary and proper ancillary powers. -- Other. Note: Mainly powers involve promoting and recommending changes involving development of basin to encourage balanced development between competing interests. Committee assignments are at Art. V (a)-(b).

(a) technical advisory committee with party state department or agency members with stakes in commission’s work.

Other advisory and technical committees with citizens, expert, lay personnel, industry representatives, labor, commerce, agriculture, civic groups; local, state and federal government personnel. The commission is supposed to cooperate with committees and interested groups – citizen involvement is a big deal.


-- Project construction and financing.


-- Project construction and financing. -- Rulemaking. -- Other. See Art. V, Section (F) Note: Art. V.F. From time to time the commission shall reexamine the allocations herein made and upon unanimous agreement may recommend modifications therein as are fair, just, and equitable, giving consideration among other factors to: 1. Priorities of water rights; 2. Acreage irrigated; 3. Acreage irrigable under existing works; and 4. Potentially irrigable lands.



Question VIII.E.1. Compact administrative agency What are reporting obligations? Compact: Summary:


Commission must meet at least once per year. Meeting must have notice and be made available to public. Relevant public inquiries must be responded to in writing by Commission.


None.


Only states that the Commission shall adopt procedures ensuring public participation in the development, review, and approval of the initial allocation formula and any subsequent modification thereto.


The administration shall keep accurate accounts of al receipts and disbursements and shall include a statement thereof, together with a certificate of audit by a certified public accountant, in its annual report.


The Commission shall 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. Including the activities of the Commission for the preceding fiscal year with an accounting of all the funds received and expended by it in the conduct of its work, as well as an annual budget covering the anticipated expenses for the following fiscal year.


The Commission shall 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, as well as an accounting of all funds received and expended by it in the conduct of its work . The Commission shall prepare an annual budget covering the anticipated expenses of the Commission for the following fiscal year.


The Commission must compile a report “covering the work of the commission and expenditures during the current biennium, and an estimate of expenditures for the following biennium” and provide it to the President of the U.S. and to the governors of the signatory states on or before July 1 following each biennium (Article III (D)).


The officials of the states are charged with the administration of this compact through the collection, correlation, and publication of information necessary for the proper administration of this compact.


The Commission must submit annual reports covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.


The commission will 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.


Report annually to respective signatories.


Annual reporting.


Must file annual report and meet at least quarterly.


They publish the information – it isn’t clear beyond this whether they have any obligation to report to anyone… If that obligation exists, it is a function of the commission’s “other duties,” not anything specific in the compact.


Article III: ... Unless and until otherwise provided, it shall make an annual report to the governor of each state, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder.


Article II: The commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact. The commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the commission shall determine.


Each state’s water official makes up compact commission – reporting obligations not specified.


14.12 The Commission shall make and publish an annual report to the legislative bodies of the signatory parties and to the public reporting on its programs, operations and finances. It may also prepare, publish and distribute such other public reports and informational materials as it may deem necessary or desirable. 3.6 (c,d,e,f) (c) Conduct and sponsor research on water resources, their planning, use, conservation, management, development, control and protection, and the capacity, adaptability and best utility of each facility thereof, and collect, compile, correlate, analyze, report and interpret data on water resources and uses in the basin, including without limitation thereto the relation of water to other resources, industrial water technology, ground water movement, relation between water price and water demand, and general hydrological conditions; (d) Compile and coordinate systematic stream stage and ground water level forecasting data, and publicize such information when and as needed for water uses, flood warning, quality maintenance or other purposes; (e) Conduct such special ground water investigation, tests, and operations and compile such data relating thereto as may be required to formulate and administer the comprehensive plan; (f) Prepare, publish and disseminate information and reports with respect to the water problems of the basin and for the presentation of the needs, resources and policies of the basin to executive and legislative branches of the signatory parties;


Article IV M. The Commission and its Executive Director shall make available to the party states any information within its possession and shall always provide free access to its records by duly authorized representatives of such party states. N. The Commission shall keep a written record of its meetings and proceedings and shall annually make a report thereof to be submitted to the duly designated official of each party state. O. The Commission shall make and transmit annually to the legislature and Governor of each party state a report covering the activities of the Commission for the preceding year and embodying such recommendations as may have been adopted by the Commission. The Commission may issue such additional reports as it may deem desirable


Water Resources Management Committee The Committee will be charged with responsibility to identify specific common water data needs; to develop and design a system for the collection and exchange of comparable water resources management data; to recommend institutional arrangements to facilitate the exchange and maintenance of such information; and to develop procedures to implement the prior notice and consultation process established in this Charter. The Committee will report its findings to the Governors and Premiers of the Great Lakes States and Provinces within 15 months of the appointment of the Committee.


Each state must: 1. supply the District with the “name, address and telephone

number of the persons to be contacted when any drawdown except those resulting from normal regulation occurs.”

2. “Inform the reservoir manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project.” (Article III)


Required to publish annual report and additional reports or data as needed. Art. V, 5.4.


Commission shall publish an annual report and other reports as needed. Art. 3.4.


Article IX(B)(1).


No.


Article II: The commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact. The commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the commission shall determine.

Mississippi River Interstate Pollution Phase-Out Compact,

ARTICLE VII: COMMISSION BUSINESS ... The commission shall keep accurate records of accounts,

Louisiana Revised Statutes §30:2091 (1987).

which are subject to state audits, and make annual reports on receipts and disbursements to the respective governors....


The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report setting forth in detail the operations and transactions conducted by it pursuant to this compact and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory states which may be necessary to carry out the intent and purpose of this compact.


There are none.


Commission is to develop an annual report and individual members are responsible to report back to their respective Governors at least per year, maybe more depending upon the laws of their state. Art. V.


N/A


Art V(d) and (e).


The Commission must disseminate to the public information “stream pollution problems and the utilization, conservation and development of the water and associated land resources of the Conservancy District.” (Article II (c)). The Commission is also required to make and revise and to recommend to the “signatory bodies, reasonable minimum standards for the treatment of sewage and industrial or other wastes now discharged or to be discharged in the future to the streams.” (Article II (f)(1)).


Yes.


Article VI: The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the Governor of each state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the said states which may be necessary to carry out the intent and purpose of this compact, and such changes in the

area of the district as may seem desirable.


Must collect, correlate and publish water facts necessary for the proper administration of the compact. See Article IX.


Annual reports must be complied.


The Administration shall adopt and transmit a budget covering anticipated expenses for the forthcoming biennium. They shall also keep accurate account of all receipts and disbursements and shall include a statement thereof, together with a certificate of audit by a certified public accountant in its annual report, as well as creating a report as to the activities and deliberation for the preceding year.


According to respective state requirements of office.




The commission shall make and publish an annual report on it programs, operations, and finances. It may also prepare, publish and distribute such other public reports and informational materials it may deem necessary or desirable.


None.


Art. II - The commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and the transactions conducted by it pursuant to this compact. The commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the commission shall determine.


N/A


Specific requirement to report “stream flows, storage, diversions, (and) use” in the basin. Many “fact finding” obligations which fulfill same need, plus estimates of runoff, studies of supply, and one annual report of budget and activities for the preceding year.

Upper Niobrara River Compact, Pub. L. No. 91-52,

N/A

83 Stat. 86 (1969).


N/A


Art. III (k) – an annual report is required, with activities of past year, plus recommendations for next year, for the legislators of each state. Commission can issue other reports as needed.


ARTICLE VII. The Commission shall submit at the appropriate or designated time to the Board of Commissioners of the County of Ohio, West Virginia, the County Court of Marshall County, West Virginia, the Board of Commissioners of Greene County, Pennsylvania, and the Board of Commissioners of Washington County, Pennsylvania, an annual budget of its estimated expenditures, which budget shall contain specific recommendations of the amount or amounts to be appropriated by each of the named governing bodies.


Under Art. III, Section (C), the Commission must: “compile a report for each year ending September 30 and transmit it to the governors of the signatory states on or before December 31 of each year”.



Question VIII.E.2. Compact administrative agency To whom are reports submitted? Compact: Summary:


Not addressed.


N/A


Does not address to whom the reports are to be submitted, only suggests that they are to be made public.


Although the compact does not specifically state to whom the reports are to be submitted to, each state shall have the right to make an examination and audit of the accounts of the administration at any time.


The Commission shall prepare and submit an annual report to the Governor of each signatory state and to the President of the United States, as well as make available to any state agency of either state or to any authorized representative of the United States


To the Governor of each signatory state and to the President of the United States as well as to any agency of either state or to any authorized representative of the United States.


-- President of the U.S. -- Governors of Utah, Wyoming and Idaho (Article III (D)).


Does not mention.


The Commission shall transmit these reports to the Legislature and Governor of each State and to the President of the United States.


Governors of the signatory states.


Respective signatories.


Not specified.


Respective signatory states.


Not clear from the compact itself.


Governor of each state. Article III: ... Unless and until otherwise provided, it shall make an annual report to the governor of each state, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder.


Governor and legislature of signatory states.


Not addressed.


Executive and legislature of signatory states; see 3.6 (f) above.


Article IV M. The Commission and its Executive Director shall make available to the party states any information within its possession and shall always provide free access to its records by duly authorized representatives of such party states. N. The Commission shall keep a written record of its meetings and proceedings and shall annually make a report thereof to be submitted to the duly designated official of each party state. O. The Commission shall make and transmit annually to the legislature and Governor of each party state a report covering the activities of the Commission for the preceding year and embodying such recommendations as may have been adopted by the Commission. The Commission may issue such additional reports as it may deem desirable

Great Lakes Charter, Council of Great Lakes Governors (1985). The Committee will be charged with responsibility to identify

s

Water Resources Management Committee

pecific common water data needs; to develop and design a

system for the collection and exchange of comparable water resources management data; to recommend institutional arrangements to facilitate the exchange and maintenance of such information; and to develop procedures to implement the prior notice and consultation process established in this Charter. The Committee will report its findings to the Governors and Premiers of the Great Lakes States and Provinces within 15 months of the appointment of the Committee.


Each state must: 3. supply the District with the “name, address and telephone

number of the persons to be contacted when any drawdown except those resulting from normal regulation occurs.”

4. “Inform the reservoir manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project.” (Article III)


Respective party states, Art. V, 5.4.


Not specified.


Article IX(B)(1) - Governor of each state.


N/A


Governors, legislatures, public inspection (see VIII.E.1).


Governors.


To the Governor and Legislature of each signatory State.


N/A


Respective Governors, Art. V.


N/A


President and Governor of each state; see Art V. (d) and (e).


Appears that the reports are submitted primarily to the signatory states and the United States. See Article II and Article III.


Sec. 10.01 (h) Print or otherwise reproduce and distribute its proceedings and reports.

(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;

Sec. 10.02

(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;...

Sec. 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.


Article VI: ... to the Governor of each state...


The compact does not mention to whom the reports are submitted.


Signatory states.


The reports are to be submitted to the Governor of each State or to the chief official of each State charged therein with the administration of water rights.


Respective states.




To the legislative bodies of the signatory parties and to the public.


N/A


Art. II - The commission shall make an annual report to the governor and legislature of each of the signatory states, setting forth in detail the operations and the transactions conducted by it pursuant to this compact. The commission shall keep a record of all its meetings and proceedings, contracts and accounts, and shall maintain a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such regulations as the commission shall determine.


N/A


Governors of signatory states, plus the president.


N/A


N/A


Governor of each party state.


ARTICLE VII. The Commission shall submit at the appropriate or designated time to the Board of Commissioners of the County of Ohio, West Virginia, the County Court of Marshall County, West Virginia, the Board of Commissioners of Greene County, Pennsylvania, and the Board of Commissioners of Washington County, Pennsylvania, an annual budget of its estimated expenditures, which budget shall contain specific recommendations of the amount or amounts to be appropriated by each of the named governing bodies.


Under Art. III, Section (C), the Commission must: “compile a report for each year ending September 30 and transmit it to the governors of the signatory states on or before December 31 of each year”.



Question IX. Revision Is there a mechanism contained in the compact that allows for the revision of compact provisions without going back to the states or to Congress? If so, describe. Compact: Summary:


Not addressed.


No.


No.


The compact may be modified by unanimous action and in such event, all rights then established or recognized by the compact shall continue unimpaired.


No, must be consented to by Congress.


No.


No.


No.


No.




No.


Not specified.


No.


No – changes have to be ratified by the state legislatures and by Congress.


No.


No.


No.


No.


No, but there is a severability clause (Article IX).


N/A


No. While the compact may be amended from time to time, “Each proposed amendment shall be presented in resolution form to the governor of each state and the Baltimore district engineer of the U.S. Army Corps of Engineers.” An amendment “to this compact shall become effective only after it has been ratified by the legislatures of both signatory states and concurred in by the U.S. Army Corps of Engineers, Baltimore District.” (Article V (h)).


No.


No.


N/A


Art. VI: “This compact may be modified or terminated at any time by mutual consent of the signatory states ...”


No.


No.


No.


No.


No.


No.


No.


Compact does not specify revision mechanisms.


No.


No.


No mention of revision procedures in the compact.


No.


No.


No.


Yes, by mutual consent of the states. Art. X.


No.


No.


No.


No.


Not mentioned.


No.


N/A


No – except for bylaws, rules and regulations for conduct of its business.


N/A


No.



Question X. Compact duration

Compact: Summary:


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? After 25 years following the effective date of this compact, the Commission may review any provisions, and shall meet for consideration of such review on the request of the 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 Congress.


-- Not mentioned


-- Not mentioned


-- Other: Provisions shall remain in full force and effect until amended by action of the legislature of the states and consented to and approved by Congress.


-- Not mentioned


-- Not mentioned. (indefinite)


-- Not mentioned


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? 10 years and will be continued for ten year periods unless one or more of the signatory states terminates the Agreement by act of its legislature. States may withdrawal at end of calendar/fiscal year by act of its legislature.


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? 1.6 DURATION OF COMPACT. (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not later than 20 years nor sooner than 25 years prior to the termination of the initial period or any succeeding period none of the signatory states, by authority of an act of its legislature, notifies the commission of intention to terminate the compact at the end of the then current 100 years period.


-- Other: ARTICLE VIII - This compact shall continue in force and remain upon each party state until renounced by the act of the legislature of such state, in such form and manner as it may choose and as may be valid and effective to repeal a statute of said state, provided that such renunciation shall not become effective until six months after notice of such action shall have been officially communicated in writing to the executive head of the other party states.


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? Commission to review compact after 5 years.


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned

Ohio River Valley Water Sanitation Compact, Pub. L.

-- Not mentioned

No. 76-739, 54 Stat. 752 (1940). Oregon-California Goose Lake Interstate Compact, Oregon Revised Statutes §542.520 (1963).

-- Not mentioned




-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not less than 20 years nor more than 25 years prior to the termination of the initial period or any succeeding period non of the signatory states, by authority of an act of its legislature, notifies the commission of intention to terminate the compact at the end of the then current 100-year period.

Tennessee River Basin Water Pollution Control Compact,

-- Not mentioned

Pub. L. No. 85-734, 72 Stat. 823 (1958). Thames River Flood Control Compact, Pub. L. No. 85-526, 72 Stat. 364 (1958).

-- Not mentioned


-- Not mentioned


-- Not mentioned Note: The compact can be terminated at any time by unanimous agreement of signatory states.


-- Other: ARTICLE VII - The provisions of this compact shall remain in full force and effect until amended by action of the legislatures of the signatory states and until such amendment is consented to and approved by the congress of the United States in the same manner as this compact is required to be ratified and consented to in order to become effective.


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? It is mentioned, but not fixed. The compact continues until renounced by legislative action of either state.


-- Not mentioned


-- Fixed period subject to continuation on specified conditions. If so, what are the conditions? The compact lasts until unanimously terminated. The rights established under the compact last unimpaired (Art. XII).



Question XI.A. Withdrawal or rescission Is rescission allowed if ratification of the compact was premised on a mutual mistake of fact or law? Compact: Summary:


No.


N/A


Does not address.


Does not mention.


Does not address.


No.


Yes. In Article XVI, the compact states, “Should a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of any signatory stator or to the constitution of the United States, all other severable provisions of this compact shall continue in full force and effect.”


Does not mention.


Not mentioned.




Not addressed.




Not addressed.


Not addressed.


No.




Not addressed.


No.


N/A


N/A


Does not say in compact.


No.


No.


N/A


No.


No.


No.


No.


No.


No.


No.


N/A


Compact doesn’t say.


No.


No.


Not mentioned in the compact.


No.


Not addressed.


No.


No.


Not addressed.


N/A


N/A


N/A


No mention.


N/A


N/A


Sort of – Art. VIII says that if any section is unconstitutional, or not applicable to any state, agency, person or circumstance, the rest of the compact is constitutional and applies to other states, agencies, etc.


N/A


N/A



Question XI.B. Withdrawal or rescission Are there provisions for a state to withdraw from the compact? If so, what are they? Compact: Summary: Alabama-Coosa-Tallapoosa River Basin Compact, Pub. L. No. 105-105, 111 Stat. 2233 (1997).

Yes, if State passes legislation to terminate for three consecutive years.


No.


Yes, If the legislatures of each state agree by general laws enacted by each state within any three consecutive years that this Compact should be terminated, or if the States fail to agree on an equitable apportionment of the surface waters of the ACF by December 31, 1998, unless the deadline is unanimously agreed to be extended.


No.


No.


No.


Yes. The compact may be terminated at any time by the unanimous agreement of the signatory states (Article XV).


No.


No.




Not addressed.




States may withdrawal at the end of the fiscal/calendar year by act of its legislature.


No – termination must be unanimous, otherwise the compact remains binding.


No.




Not addressed.


1.4 POWERS OF CONGRESS: WITHDRAWAL. Nothing in this compact shall be construed to relinquish the functions, powers or duties of the Congress of the United States with respect to the control of any navigable waters within the basin, nor shall any provision hereof be construed in derogation of any of the constitutional powers of the Congress to regulate commerce among the states and with foreign nations. The power and right of the Congress to withdraw the federal government as a party to this compact or to revise or modify the terms, conditions and provisions under which it may remain a party by amendment, repeal or modification of any federal statute applicable thereto is recognized by the signatory parties. 1.6 DURATION OF COMPACT. (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not later than 20 years nor sooner than 25 years prior to the termination of the initial period or any succeeding period none of the signatory states, by authority of an act of its legislature, notifies the commission of intention to terminate the compact at the end of the then

current 100 years period.


ARTICLE VIII - This compact shall continue in force and remain upon each party state until renounced by the act of the legislature of such state, in such form and manner as it may choose and as may be valid and effective to repeal a statute of said state, provided that such renunciation shall not become effective until six months after notice of such action shall have been officially communicated in writing to the executive head of the other party states.


N/A


Yes. The Compact provides that “either state may, by legislative act, after one year’s written notice to the other, withdraw from this compact, the U.S. Army Corps of Engineers may withdraw its concurrence with this compact upon one year’s written notice from the Baltimore district engineer to the governor of each state.” (Article V (g)).


Yes, commission will continue in existence until revoked by one of the party states. Art VI, 6.3.


Yes, enactment of legislation of both states. Art. 7.5.


No.


Art. VI: “This compact may be modified or terminated at any time by mutual consent of the signatory states ...”


No.


ARTICLE XVI D. Withdrawal from the Compact. A state may withdraw from this compact by authority of an act of its legislature one year after it notifies all signatories in writing of an intention to withdraw from the compact. Provided, withdrawal from the compact affects obligations of a signatory imposed on it by supplementary agreements to which it may be a party only to the extent and in accordance with the terms of such supplementary agreements.

New England Interstate Water Pollution Control Compact,

No.

Pub. L. No. 80-292, 61 Stat. 682 (1947). New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact, Pub. L. No. 94-403, 90 Stat. 1221 (1976).

No.


No.


ARTICLE V: TERMINATION - This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired.


ARTICLE XIV - This Compact may be terminated at any time by appropriate action of the legislatures of both of the signatory states. In the event of such termination, all rights established under it shall continue unimpaired.


Article VII provides that “any signatory body may, by legislative act, after one year’s notice to the Commission, withdraw from the compact.”


No.


No.


Not mentioned in the compact.


Under Article XIII, the commission may, by unanimous consent, review the provisions of the compact at the expiration of every five-year period. Any changes must be ratified by the state legislatures (NM, CO and TX), and at that time, I suppose a state may withdraw from the compact.


Only through mutual consent for termination.


By action of legislatures of both states and consented to by Congress.

South Platte River Compact, Pub. L. No. 69-37, 44 Stat. 195

Yes, mutual consent, Art X.

(1926).


No.


ARTICLE XIII - This Compact shall continue in force and remain binding upon each party state until renounced by act of the legislature of such state, in such form and manner as it may choose; provided that such renunciation shall not become effective until six (6) months after the effective date of the action taken by the legislature. Notice of such renunciation shall be given to the other party states by the Secretary of State of the party state so renouncing upon passage of the act.


N/A


No.


Not beyond unanimous decision of signatories.


N/A


N/A


Art. III – if renounced by either state legislature, that’s it – the compact is no longer in force or binding.


N/A


Yes, the compact lasts until unanimously terminated. The rights established under the compact last unimpaired (Art. XII).



Question XII. Relationship to other laws Compact: Summary:


-- State laws expressly superceded -- Federal laws expressly preserved


-- Not specified – except Upper Colorado Compact


-- State laws expressly superceded -- Federal laws expressly preserved


-- State laws expressly preserved -- Federal laws expressly preserved






-- State laws expressly preserved -- Federal laws expressly preserved Note: Article XIII (3) says that nothing in the compact will be deemed: “to subject any property or rights of the U.S. to the laws of the states which were not subject thereto prior to the date of this compact.” Article XI notes that “applications for appropriation, for change of point of diversion, place and nature of use…shall be considered and acted upon in accordance with the law in the state in which the point of diversion is located.”






-- Federal laws expressly preserved


-- Not specified




-- State laws expressly preserved


-- Not specified Note: Art. VII does not effect US obligations to Indians.


-- Not specified




-- Not specified


-- State laws expressly superseded 10.8, 11.2 -- Federal laws expressly superceded 11.1


-- Not specified


-- Not specified Note: RESERVATION OF RIGHTS The Great Lakes States and Provinces mutually recognize the rights and standing of all Great Lakes States and Provinces to represent and protect the rights and interests of their respective jurisdictions and citizens in the shared water and other natural resources of the Great Lakes region.

Each Great Lakes State and Province reserves and retains all rights and authority to seek, in any state, provincial, federal, or other appropriate court or forum, adjudication or protection of their respective rights in and to Basin water resources, in such manner as may now or hereafter be provided by law. In entering into this Charter, no Great Lakes State or Province shall be deemed to imply its consent to any diversion or consumptive use of Great Lakes Basin water resources now or in the future.




-- State laws expressly preserved




-- Federal laws expressly preserved - ARTICLE XI -- Federal laws expressly superceded - ARTICLE XIII (some rights)


-- Not specified


-- State laws expressly preserved -- Federal laws expressly preserved Note: ARTICLE II - The commission shall adopt suitable bylaws and shall make such rules and regulations as it may deem advisable not inconsistent with laws of the United States, of the signatory states or with any rules or regulations lawfully promulgated thereunder.


-- State laws expressly preserved -- Federal laws expressly preserved Note: ARTICLE XVI A. Construction. It is the intent of the signatories that no provision of this compact or supplementary agreement entered into hereunder shall be construed as invalidating any provision of law of any signatory

New England Interstate Water Pollution Control Compact, Pub. L. No. 80-292, 61 Stat.


682 (1947).






-- Not specified


-- Federal laws expressly preserved (ARTICLE XI)


-- Not specified


-- State laws expressly preserved Note: Sec. 2.10 - Nothing in this Compact shall be deemed to: (a) Interfere with or impair the right or power of any Signatory State to regulate within its boundaries the appropriation, use, and control of water, or quality of water, not inconsistent with its obligations under this Compact; (b) Repeal or prevent the enactment of any legislation or the enforcement of any requirement by any Signatory State imposing any additional conditions or restrictions to further lessen or prevent the pollution or natural deterioration of water within its jurisdiction; provided nothing contained in this paragraph shall alter any provision of this Compact dealing with the apportionment of water or the rights thereto; or


-- Not specified Note: ARTICLE XI - Should any part of this compact be held to be contrary to the constitution of any of said states or of the United States such part of said compact shall become inoperative as to each state but all other severable provisions of this compact shall continue in full force and effect.




-- Not specified






-- Not specified




-- Not specified


-- Not specified


-- Other: ARTICLE IX.1 - Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing any additional conditions and restrictions to further lessen or prevent the pollution of waters within its jurisdiction.


-- Not specified Note: Not mentioned, other than the CRC, which this compact is subject to; and incorporated smaller compacts from Art. X-XIV, which this compact does not change.


-- Federal laws expressly preserved (see Art. IX)


-- State laws expressly preserved Note: Article II.G - Applicability of State Laws. Cooperative agreements entered into by municipalities under this compact shall be consistent with, and shall not supersede, the laws of the state in which each municipality is located. Notwithstanding any provision of this compact, actions taken by a municipality pursuant to this compact, or pursuant to an agreement entered into under this compact, including the incurring of obligations or the raising and appropriating of revenue, shall be valid only if taken in accordance with the laws of the state in which such municipality is located.


-- Not specified


-- Not specified Note: ARTICLE VI. The Commission is hereby authorized and empowered: (A) To be and serve in the capacity of a local organization within the meaning of the Watershed Protection and Flood Prevention Act of the 83rd Congress of the United States, Second Session, (Public Law 566), approved August 4, 1954, as from time to time amended, and in that capacity the Commission shall have the following authority and powers


-- Not specified -- Federal laws expressly preserved



Question XIII.A. State Coordination Are there provisions regarding coordination with state agencies? If so, what are they? Compact: Summary:


In the powers granted article, Commission is to cooperate with state & federal agencies in development, ownership, sponsorship and operation of water resource facilities.


No.


Yes, the Commission is to “cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACF Basin; provided that the Commission shall not own or operate a federally-owned water resource facility unless authorized by the US Congress.


The administration shall, with the collaboration of appropriate federal and state agencies, determine as may be necessary from time to time, the location of gauging stations required for the proper administration of the compact and shall designate the official records of such stations for its official use.


The Commission shall cooperate with any department or agency of the federal or state government such information, suggestions, estimates or statistics as it may need or believe to be useful.


Yes: (1) Arkansas and Oklahoma mutually agree to the cooperation of the appropriate state agencies in either, or both, states to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin. (2) The Commission is to 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 form reservoirs, both existing and future


The Commission must cooperate with state agencies in matters relating to water pollution of interstate significance. (Article III (C)(5)).

Belle Fourche River Compact, Pub. L. No. 78-236, 58 Stat. 94

Yes, with regards to water gauging stations.

(1944).


Only to “Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees” or “whenever the public health or welfare is endangered.”




Yes, general statement to assess and oversee implementation of coordinated plans.




Commission must respect and support states and agencies of the states in their respective functions – intent of Commission is to enhance state function and cooperation.


Not addressed.


Article III: ... The bi-state agency may petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, for the adoption and execution of any physical improvements, change in method, rate of transportation, system of handling freight, warehousing, docking, lightering, or transfer of freight, which, in the opinion of the bi-state agency, may be designed to improve or better the handling of commerce in and through the district, or improve terminal and transportation facilities therein. It may intervene in any proceeding affecting the commerce of the district.




The compact will be administered through each state’s respective office charge with this function.


3.9 COORDINATION AND COOPERATION. The Commission shall promote and aid the coordination of the activities and programs of federal, state, municipal and private agencies concerned with water resources administration in the basin. To this end, but without limitation thereto, the

Commission may: (a) Advise, consult, contract, financially assist, or otherwise, cooperate with any and all such agencies; (b) Employ any other agency or instrumentality of any of the signatory parties or of any political subdivision thereof, in the design, construction, operation and maintenance of structures, and the installation and management of river control systems, or for any other purpose; (c) Develop and adopt plans and specifications for particular water resources projects and facilities which so far as consistent with the comprehensive plan incorporate any separate plans of other public and private organizations operating in the basin, and permit the decentralized administration thereof; (d) Qualify as a sponsoring agency under any federal legislation heretofore or hereafter enacted to provide financial or other assistance for the planning, conservation, utilization, development, management or control of water resources.


No.


N/A


Yes.


Yes, to serve as a liaison and to make use of existing studies, surveys, plans, data or other materials. Art IV, 4.2 & 4.7.


Not addressed.


ARTICLE VII(B)(1); ARTICLE VII(D); ARTICLE VII(C)(1) and (C)(2).


Only to the extent that the respective state engineers administer the compact.


No.

Mississippi River Interstate Pollution Phase-Out Compact, Louisiana Revised Statutes

No.

§30:2091 (1987).


Yes, the signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the commission for classified waters.


The State agencies are the ones in charge of supervising and regulating the planning, design, construction, maintenance and operation of the facility in the signatory state.


Yes, Article VIII, commission shall make a comprehensive report of pollution problem, when developing such report they are to confer with any national or regional planning body and any department of the federal government. Commission shall also consult with any state, community, municipality, corporation, person or other entities in addressing pollution problem and make legislation suggestions to respective states.


No.


No.


Article II states that the Commission must “cooperate with the legislative and administrative agencies of the signatory bodies…with other commissions and federal, local governmental and nongovernmental agencies, organizations, groups and persons.”


Sec. 10.01.

Sec. 10.02(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;...

(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...

Sec. 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.


It shall be the duty of the Commission to maintain and control lake levels and stream flow on boundary waters within the area, but such action shall be taken only with the approval of the authorized county or state agencies, in which such lake or stream is located,...

Article VIII: Plans for works on boundary waters in said drainage area pre-pared by the state, municipal or industrial agencies shall receive the approval of the Commission before construction is begun.

The Commission shall have power to cooperate with any duly authorized federal, state or municipal agency in studies and surveys, construction, maintenance and operation of water projects within the scope of its jurisdiction.


The compact is administered by state agencies in Nebraska, Kansas and Colorado. Article IX states that it “shall be the duty of the three states to administer the compact.”


No.


Only that each State shall provide such available facilities, supplies, equipment, technical information and other assistance as the Administration may require to carry out its duties and function


States are to establish water gauging stations to administer compact in conjunction with other agencies.


No.


1) The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission; 2) No expenditure nor commitment shall be made for or on account of the construction, acquisition, or operation of any project or facility unless it first has been included by the commission in the comprehensive plan; 3) Each state and local agency otherwise authorized by law to plan, design, construct, operate, or maintain any project or facility in or for the basin shall continue to have, exercise, and discharge such authority, except as specifically provided by this section. These three provisions are also for coordination of the federal government below:


Yes- See Art. VIII(A), VII(B), III(B)


N/A


ARTICLE XII.1. In order that future pollution be controlled and existing pollution be abated with the greatest possible economy and efficiency, the commission shall co-operate and advise with the respective state and district authorities having jurisdiction over stream pollution, with a view to coordinating their activities and securing the most satisfactory results at lower cost. For such purpose the commission may prepare a general plan of the most practicable and economical method of securing conformity with the standards herein set forth, having in view the future growth and development of the district. Such plan when completed shall be submitted to the governor and the legislature of each state and to the state agency or agencies or district agencies in charge of sewage problems.


Yes – Art. VIII(d)(12): “perform all duties…all things necessary… either independently or in cooperation with any state or federal agency.”


No.


No.


Yes – establish tech. Advisory committee with state departments or agencies -Coordinate studies by state agencies -flood protection plans -develop flood plain zoning awareness -analyze recreation needs of the valley* -prepare with state agencies a master plan for public works* -cooperate with state agencies to encourage tourist traffic* -make recommendations to state agencies -secure undertaking of studies from private or public agencies* *could apply to federal agency cooperation as well

Wheeling Creek Watershed Protection and Flood Prevention District Compact, Pub. L. No. 90-181, 81 Stat.

No.

553 (1967).


Sharing of information (Art. III, Section (D)) and development of constructed works (Art. IV).


Question XIII.B. Federal Coordination Are there provisions regarding coordination with federal agencies? If so, what are they?


Compact: Summary:


Same as XIII.A, except Commission may not own or operate federally owned water resource facility unless authorized by Congress. Compact also requires cooperation with Army Corp of Engineers.


No.


Yes, the Commission is to “cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACF Basin


The administration shall, with the collaboration of appropriate federal and state agencies, determine as may be necessary from time to time, the location of gauging stations required for the proper administration of the compact and shall designate the official records of such stations for its official use.


Along with the above mentioned, the Commission shall cooperate with federal agencies in developing principles for the storage ad release of water from all federal capacities of federal reservoirs.


Secure form 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.


The Commission must cooperate with federal agencies in matters relating to water pollution of interstate significance. (Article III (C)(5)).


Yes, the United States geological survey, or whatever federal agency may succeed to the functions and duties of that agency shall collaborate with the officials of the states in the collection, correlation, and publication of information necessary for the proper administration of this compact.


No.


The commission may 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.


Yes, general statement to assess and oversee implementation of coordinated plans.




Commission is to respect the interests of the states as they are affected by federal action and assist in monitoring federal action.


Yes – Art. V states that the signatory states are to cooperate ex officio with US BoR and USGS director.


Article III: ... The bi-state agency may petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, for the adoption and execution of any physical improvements, change in method, rate of transportation, system of handling freight, warehousing, docking, lightering, or transfer of freight, which, in the opinion of the bi-state agency, may be designed to improve or better the handling of commerce in and through the district, or improve terminal and transportation facilities therein. It may intervene in any proceeding affecting the commerce of the district.




US geological survey or successive federal office shall collaborate with the compact commission in the correlation and publication of water facts necessary for proper administration of the compact.


3.9 COORDINATION AND COOPERATION. The Commission shall promote and aid the coordination of the activities and programs of federal, state, municipal and private agencies concerned with water resources administration in the basin. To this end, but without limitation thereto, the Commission may: (a) Advise, consult, contract, financially assist, or otherwise, cooperate with any and all such agencies; (b) Employ any other agency or instrumentality of any of the

signatory parties or of any political subdivision thereof, in the design, construction, operation and maintenance of structures, and the installation and management of river control systems, or for any other purpose; (c) Develop and adopt plans and specifications for particular water resources projects and facilities which so far as consistent with the comprehensive plan incorporate any separate plans of other public and private organizations operating in the basin, and permit the decentralized administration thereof; (d) Qualify as a sponsoring agency under any federal legislation heretofore or hereafter enacted to provide financial or other assistance for the planning, conservation, utilization, development, management or control of water resources.


No.


N/A


Yes. Specifically with the Army Corps of Engineers. Article III states that Maryland and W. Virginia “recognize that the District an other federal agencies have the right and responsibility to enforce, within the boundaries of the Jennings Randolph Lake Project, all applicable federal laws, rules and regulations.” The compact also notes that the Amery Engineer district “did construct and now maintains and operates the Jennings Randolph Lake Project (PREAMBLE), and that federal laws may apply to conduct on the lake.


Yes, to serve as a liaison and to make use of existing studies, surveys, plans, data or other materials. Art IV, 4.2 & 4.7.


Not addressed.


ARTICLE VII(B)(1).


No.


ARTICLE III: The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers and other federal agencies, for the development of a comprehensive plan for flood control and for

utilization of the water resources of the Merrimack River Valley.


No.


No


No


Yes, Article VIII, commission shall make a comprehensive report of pollution problem, when developing such report they are to confer with any national or regional planning body and any department of the federal government.


No.


No.


Article II states that the Commission must “cooperate with the legislative and administrative agencies of the signatory bodies…with other commissions and federal, local governmental and nongovernmental agencies, organizations, groups and persons.”


Sec. 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.


Article VIII: The Commission shall have power to cooperate with any duly authorized federal, state or municipal agency in studies and surveys, construction, maintenance and operation of water projects within the scope of its jurisdiction.


Yes. See collaboration with the U.S.G.S. or the agency which might succeed to the functions and duties of the U.S.G.S.


No.

Sabine River Compact, Pub. L. No. 83-578, 68 Stat. 690 (1954), as amended, Pub. L.

They are to cooperate with the appropriate Federal agency(s) to make findings as to the deliveries of water at Stateline unless the Administration shall find and determine that,

No. 87-418, 76 Stat. 34 (1962). because of changed physical conditions or for any other reason, reliable records are not obtainable thereat.


USGS or subsequent agency shall collaborate with officials to administer this compact


No.


The Corps of Engineers of the Department of the Army, The Department of Agriculture, the Department of Health, Education and Welfare, the Department of Interior, and other federal agencies are to cooperate in making comprehensive surveys and reports concerning the water resources of the Susquehanna River Basin in which individually or severally the technical aid and assistance of many federal and state agencies have been enlisted, and which are being or were represented.


No.


Art. III - The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers, United States Army, and other federal agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Thames River Valley. The commission shall not pledge the credit of the signatory states or either of them.


N/A


Yes – Art. VIII(d)(12): “perform all duties…all things necessary… either independently or in cooperation with any state or federal agency.”


Yes, Art. III and Art. VI allow for coordination of data gathering etc., with the U.S. Geological Survey.


No.

Wabash Valley Compact, Pub. L. No. 86-375, 73 Stat. 694 (1959). -cooperate with state agencies to encourage tourist traffic*

Yes – analyze recreation needs of the valley* -prepare with state agencies a master plan for public works*

-secure undertaking of studies from private or public agencies* *could apply to federal agency cooperation as well. In

addition, the alternate technical committee can have federal employees on board.


Yes, many - see ARTICLE VI: POWERS AND DUTIES.


Sharing of information (Art. III, Section (D)) and development of constructed works (Art. IV).



Question XIV. Provisions for staff What provisions are included regarding staff for the compact administrative agency? Compact: Summary:


Compact allows for hiring of necessary staff.


None.


The Commission shall “retain and discharge professional, technical, clerical and other staff and such consultants as are necessary to accomplish the purposes of this Compact” and “to create committees and delegate responsibilities”


No employees.


The Commission shall employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its function under the Compact.


The Commission shall employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its function under the Compact.


Work of commission performed by contract with the Engineer-Manager and by the state employees from the three states as necessary.


Does not mention staff.


The commission shall have the power to: 1) establish such offices as it deems necessary; and 2) employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions.


The commission is comprised of three commissioners , one from each of the signatory states, and if designated by the president an additional commissioner representing the United States.


May appoint ex officio non-voting members to assist.




5 employees.


No employees.


Article III: ... (6) To disburse funds for its lawful activities, and fix salaries and wages of its officers and employees;


One employee.


One employee. May hire necessary staff to carry out compact – cost to be divided equally between the states.


38 employees.


F. The Commission shall elect annually from among its members a chairman and vice-chairman. The Commission shall appoint an Executive Director who shall also act as secretary-treasurer, and who shall be bonded in such amount as the Commission may require. The Executive Director shall serve at the pleasure of the Commission and at such compensation and under such terms and conditions as may be fixed by it. The Executive Director shall be custodian of the records of the Commission with authority to affix the Commission’s official seal and to attest to and certify such records or copies thereof. G. The Executive Director, subject to the approval of the Commission in such cases as its by-laws may provide, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Commission’s function. Subject to the aforesaid approval, the Executive Director may fix their compensation, define their duties, and require bonds of such of them as the Commission may designate.


N/A


Work of commission performed by contract with the Engineer-Manager and by the state employees from the three states as necessary.


Commission may contract with any government or agency for the performance of services by the commission. Art IV, 4.5.


No employees. Provisions of the compact are administered by existing agencies in signatory states.


ARTICLE IX(A)(4) - The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the


No employees.


ARTICLE VII - The signatory states agree to appropriate for compensation of agents and employees of the commission for office, administrative, travel and other expenses on recommendation of the commission ...


ARTICLE XV. ADMINISTRATIVE EXPENSES - The signatory states agree to appropriate annually for the salaries, office, and other administrative expenses such sum or sums as shall be recommended by the commission ...


The Commission may appoint and employ a secretary who shall be a professional engineer versed in water pollution and may employ such stenographic or clerical employees as shall be necessary, and at its pleasure remove or discharge such employees.


No employees.


Art. V, may hire staff as needed and set their duties and qualifications.


No.


Art. V(c) The Commission may appoint a secretary who, while so acting, shall not be an employee of either state. He shall serve for such term, receive such salary, and perform such duties as the Commission may direct. The Commission may employ such engineering, legal, clerical, and other personnel as in its judgment may be necessary for the performance of its functions under this Compact. In the hiring of employees the Commission shall not be bound by the civil service laws of either state.


22 employees.


No paid employees.


ARTICLE VI. - The Commission shall elect from its number a chairman and vice-chairman and shall appoint and at its pleasure remove an executive secretary and such other officers and assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation.... The Commission shall not incur any obligations for salaries, office, or other administrative expenses prior to the making of appropriation adequate to meet the same;...


No employees.


There are no provisions for staff, because there are no employees, only commission members.


No employees.


The compact is to be administered through the official in each state (Idaho and Wyoming) who is responsible for public water supplies and the collection of necessary data.


No employees.


25 employees.

Tennessee River Basin Water Pollution Control Compact,

ARTICLE V.A. - The Commission shall elect annually from its members a Chairman and a Vice Chairman to serve at its

Pub. L. No. 85-734, 72 Stat. 823 (1958).

pleasure. It shall adopt a seal and suitable bylaws for its management and control. The Commission is hereby authorized to adopt, prescribe and promulgate rules and regulations for administering and enforcing all provisions of this Compact. It may maintain one or more offices for the transaction of its business. Meetings shall be held at least once each year. It may determine duties, qualifications and compensation for and appoint such employees and consultants as may be necessary and remove or replace them.


Art. II - The commission shall elect from its members a chairman, vice-chairman, and a clerk-treasurer. Such clerk-treasurer shall furnish to the commission, at its expense, a bond with corporate surety, to be approved by the commission, in such amount as the commission may determine, conditioned for the faithful performance of his duties. Art. III - The commission shall constitute a body, both corporate and politic, with full power and authority: (3) To appoint and employ such agents and employees as may be required in the proper performance of the duties hereby committed to it and to fix and determine their qualifications, duties and compensation; (4) To enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto . . .


ARTICLE V.1. The commission shall elect from its number a chairman and vice-chairman and shall appoint and at its pleasure remove or discharge such officers and legal, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensations.


Four employees: Art. VIII(c): power to appoint a secretary, and to employ such engineering, legal, clerical and other personnel as necessary.


N/A




Art. III (e) can appoint/remove such personnel as may be necessary. (f) provide benefits for personnel (g) can contract for services of personnel from any state, US

or any US subdivision or agency, any interstate agencies, etc.


ARTICLE V. The Commission shall meet and organize within sixty days after the effective date of this Compact, shall elect from its number a chairman and vice chairman, and shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants as may be required to carry the provisions of this Compact into effect, and shall determine their qualifications and fix their duties and compensation. It shall adopt a seal and suitable bylaws, and shall adopt and promulgate rules and regulations for its management and control. It may establish and maintain one or more offices within the District for the transaction of its business, and may meet at any time or place. The presence of three commissioners from the Commonwealth of Pennsylvania and three commissioners from the State of West Virginia shall constitute a quorum, and a majority vote of the quorum shall be necessary to pass upon matters before the Commission.


Art III, Section (C): “the commission may employ such services and make such expenditures as reasonable and necessary within the limit of funds provided for that purpose by the respective states ...”



Question XV. Provisions for funding What provisions are included regarding funding for the compact administrative agency? Compact: Summary:


Commission members are not to be compensated for participation (as a Commission member, not as a state employee). Federal member will be paid for by Congress. Additional expenses, such as for staff, to be equal between the two states. Commission is authorized to receive funds from any lawful source, own property, entered into contracts or agreements.


None.


Commissioners shall serve without compensation form the ACF Basin Commission. All general operational funding shall obligate each state to pay an equal share of such agreed upon funding.


The salaries, if any, and personal expenses off each member shall be paid by the government which he represents. All other expenses incident to the administration of this compact which are not paid by the United States, shall be borne by the states on the basis of 60% by CO, and 40% by Kansas


The salaries and personal expenses of each Commissioner shall be paid by the government which he represents. All other expenses incurred by the Commission shall be borne equally between the two states and shall be paid through the “Kansas-Oklahoma River Commission Fund.” Such fund shall be initiated and maintained by equal payments of each state into the fund.


The states agree to appropriate funds to the Arkansas-Oklahoma Arkansas River Compact Fund covering its share of the expenses incurred in the administration of this compact. The Commission shall establish and maintain the Compact Fund depositing the funds in one or more banks qualifying for the deposit of public funds of the signatory states. The Commission shall accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money.


Compensation and expenses of each commissioner and each advisor is paid by the government which he or she represents. All expenses in the administration of this compact, except

those paid by the U.S., will be paid by the signatory states on an equal basis. (See Article III (B)).


There are no provisions regarding funding for the compact administrative agency since the agency is composed of one official from each state.


The salaries and personal expenses of each member of the commission shall be paid by the government he represents. All other expenses incurred by the commission incident to the administration of the compact which are not paid by the United States or other funds received by the commission shall be borne equally by the two states.


The salaries and expenses of each commissioner shall be paid by the government which he represents. All other expenses shall be borne equally by the three states and be paid by the commission out of a revolving fund known as the “Canadian river revolving fund”


Not addressed.




Identified as 225,000.00 in year 85/86. Is to be apportioned as needed equally between signatory states unless a different arrangement is agreed to by unanimous vote of the Commission.


None.


Article III: ... (6) To disburse funds for its lawful activities, and fix salaries and wages of its officers and employees; ... Article V: ... Until otherwise determined by the action of the legislature of the two states, the bi-state agency shall not incur any obligations for salaries, office or other administrative expenses, prior to the making of appropriations adequate to meet the same.


ARTICLE VII, EXPENSES OF COMMISSION - The signatory states agree to appropriate for compensation of agents and employees of the commission and for office, administrative, travel and other expenses on recommendation of the commission subject to limitations as follows: The Commonwealth of Massachusetts obligates itself to not more than seventy-five hundred ($7500) dollars in any one year, the

State of New Hampshire obligates itself to not more than one thousand ($1000) dollars in any one year, the State of Vermont obligates itself to not more than two thousand ($2000) dollars in any one year and the State of Connecticut obligates itself to not more than sixty-five hundred ($6500) dollars in any one year.


Each state pays its own compact commission member’s salary – future staff needed will be paid for by each state in equal shares.


3.7 RATES AND CHARGES. The commission may from time to time after public notice and hearing fix, alter and revise rates, rentals, charges and tolls and classifications thereof, for the use of facilities which it may own or operate and for products and services rendered thereby, without regulation or control by any department, office or agency of any signatory party. 4.3 RATES AND CHARGES. The commission may from time to time after public notice and hearing fix, alter and revise rates, rentals, charges and tolls and classifications thereof, for the use of facilities which it may own or operate and for products and services rendered thereby, without regulation or control by any department, office or agency of any signatory party. 13.3 ANNUAL CURRENT EXPENSE AND CAPITAL BUDGETS. ... (b) The Commission shall annually adopt a current expense budget for each fiscal year. Such budget shall include the Commission’s estimated expenses for administration, operation, maintenance and repairs, including a separate statement thereof for each project, together with its cost allocation. The total of such expenses shall be balanced by the Commission’s estimated revenues from all sources, including the cost allocations undertaken by any of the signatory parties in connection with any project. Following the adoption of the annual current expense budget by the Commission, the executive director of the Commission shall:

1) certify to the respective signatory parties the amounts due in accordance with existing cost sharing established for each project; and 2) transmit certified copies of such budget to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures. The amount required to balance the current expense budget in addition to the aggregate amount of item (1) above and all other revenues available to the Commission shall be apportioned

equitably among the signatory parties by unanimous vote of the Commission, and the amount of such apportionment to each signatory party shall be certified together with the budget.

(c) The respective signatory parties covenant and agree to include the amounts so apportioned for the support of the current expense budget in their respective budgets next to be adopted, subject to such review and approval as may be required by their respective budgetary processes. Such amounts shall be due and payable to the Commission in quarterly installments during its fiscal year, provided that the Commission may draw upon its working capital to finance its current expense budget pending remittances by the signatory parties. 14.13 GRANTS, LOANS OR PAYMENTS BY STATES OR POLITICAL SUBDIVISIONS. (a) Any or all of the signatory parties or any political subdivision thereof may:

1) Appropriate to the Commission such funds as may be necessary to pay preliminary expenses such as the expenses incurred in the making of borings, and other studies of subsurface conditions, in the preparation of contracts for the sale of water and in the preparation of detailed plans and estimates required for the financing of a project; 2) Advance to the Commission, either as grants or loans, such funds as may be necessary or convenient to finance the operation and managements of or construction by the Commission of any facility or project; 3) Make payments to the Commission for benefits received or to be received from the operation of any of the projects or facilities of the Commission.


H. The Executive Director, on behalf of, as trustee for, and with the approval of the Commission, may borrow, accept, or contract for the services of personnel from any state or government or any subdivision or agency thereof, from any inter-governmental agency, or from any institution, person, firm or corporation; and may accept for any of the Commissions purposes and functions under this compact any and all donations, gifts, and grants of money, equipment, supplies, materials, and services from any state or government of any subdivision or agency thereof or inter-governmental agency or from any institution, person, firm or corporation and may receive and utilize the same.

Great Lakes Charter, Council of Great Lakes Governors

N/A

(1985).


None are specifically mentioned. But I would assume that funding for the groups are paid for by the individual states.


Apportioned equally among party states. Art. V, 5.1.


Equally apportioned between states. Art. 4.2.


ARTICLE IX(A)(8) and ARTICLE IX(B)(1)


None.


ARTICLE VII ... The Commonwealth of Massachusetts obligates itself to not more than $17,500 for the first year and to not more than $14,000 in any one year thereafter; the state of New Hampshire obligates itself to not more than $7,500 the first year and to not more than $6,000 in any one year thereafter.


ARTICLE XV. ADMINISTRATIVE EXPENSES - The signatory states agree to appropriate annually for the salaries, office, and other administrative expenses such sum or sums as shall be recommended by the commission in an annual budget and approved by the governors of the signatory states subject to their budget processes. Each signatory state shall bear its pro rata share of the commission’s total expenditures. This obligation is judicially enforceable, and sovereign immunity is waived with respect to it. The United States’ actual costs of participation will be reimbursed by the commission, based upon a quarterly expense report submitted to and approved by the commission.


The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the commission. The commonwealth of Massachusetts obligates itself only to the extent of $6500 in any one year, the state of Connecticut only to the extent of $3000 in any one year, the state of Rhode Island only to the extent of $1500 in any one year, and the states of New Hampshire, Maine, and Vermont each only to the extent of $1000 in any one year.


The appropriate state agencies or municipalities are to apply for federal grants in aid. All other expenses not covered by this aid are to be shared equally among the signatory states.


Signatory states agree to appropriate money for needed staff, money will be prorated among the states, ½ according to states population, ½ according to states land mass. Art. X


None.


Art. V(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 two states. On or before November 1 of each even numbered year the Commission shall adopt and transmit to the Governors of the two states and to the President a budget covering an estimate of its expenses for the following two years. The payment of the expenses of the Commission and of its employees shall not be subject to the audit and accounting procedures of either of the two states. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified independent public accountant and the report of the audit shall be included in, and become a part of, the annual report of the Commission.


Article IV notes that “the moneys necessary to finance the Commission in the administration of its business in the Conservancy District shall be provided through appropriates from the signatory bodies and the United States.” Article IV also notes that the “pro rata contribution shall be based on such factors as population; the amount of industrial and domestic pollution; and a flat service charge, as shall be determined from time to time by the Commission.” The contribution must be ratified and approved by the signatory bodies.


Sec. 9.04 (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 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. - Each state shall bear its proportionate share of the expense of the Commission based on the pro rata value to such state of the activities of the Commission, which expense shall be provided for by appropriation by the legislature.


No provisions for funding mentioned in the compact.


Each state will deposit $5000 in the Rio Grande Compact fund and each state will reimburse the fund quarterly “upon presentation of claims by the commission setting forth in reasonable detail the expenses paid by the commission from this fund.” (Article XII).


The salaries, if any, and personal expenses of each member of the Administration shall be paid by the Government he represents. All other expenses which are not paid by the United States shall be borne equally by the States.


Not addressed.


At joint expense. Art II, sec. 1.


The total budget expenses of the Administration shall be balanced by the commissions estimated revenues from all sources, including the cost allocations undertaken by any of the signatory parties in connection with any project. The commission shall develop equitable cost sharing and reimbursement formulas for the signatory parties.


Art V(C), (E), and (F).


ARTICLE VII - The signatory states agree to appropriate for compensation of agents and employees of the commission and for office, administration, travel and other expenses on recommendation of the commission subject to limitations as follows: The Commonwealth of Massachusetts obligates itself to not more than seven thousand ($7,000) dollars in any one year and the State of Connecticut obligates itself to not more than five thousand ($5,000) dollars in any one year.


ARTICLE XIV.1. The signatory states agree to appropriate annually for the salaries, office and other administrative expenses such sum or sums as shall be recommended by the commission and approved by the governors of the signatory states, the state of New York and the state of New Jersey agreeing each to appropriate forty-five per centum (45%) thereof, and the state of Connecticut agreeing to appropriate ten per centum (10%) thereof. The state of New York and the state of New Jersey obligate themselves hereunder, however, only to the extent of fifteen thousand dollars ($15,000.00) each in any one year, and the state of Connecticut obligated itself hereunder only to the extent of three thousand, three hundred thirty-three dollars and thirty-four cents ($3,333.34) in any one year.


Art. VIII(b): salaries and personal expenses of each commissioner paid by his or her state government; other expenses not paid by the US are paid by the states in same proportion as their allocation percentages.


N/A


ARTICLE I.C. Definitions. 2. “Municipalities” shall mean cities, towns, village districts or other incorporated units of local government possessing authority to construct, maintain and operate public water supply facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce regulatory control upon users of public water supply facilities. ARTICLE II.E. Federal Grants and Financing. 2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design and construction cost of public water supply facilities constructed and operated as joint facilities pursuant to this compact.


Commissioner expenses are met by commission in accordance with bylaws. Art. IV concerns finances: -Commission presents a budget to each party state -Each state legislature appropriates based on recommendations in budget as necessary to provide means for maintaining facilities, staff, and necessary activities -Art. III (h) states that donations are acceptable

Wheeling Creek Watershed Protection and Flood Prevention District Compact,

Many - see ARTICLE VI: POWERS AND DUTIES (apply for and receive federal financial and other assistance, acquire, or with respect to interests in land to be acquired by

Pub. L. No. 90-181, 81 Stat. 553 (1967).

condemnation, make arrangements satisfactory to the Secretary of Agriculture of the United States or other agent or agency of the United States for defraying costs of operating and maintaining works, To apply for and receive federal loans or advancements to finance the local share of costs of carrying out works of improvement, etc)


Art. III.B. The salaries and necessary expenses of each state representative shall be paid by the respective state; all other expenses incident to the administration of this compact not borne by the United States shall be allocated to and borne one-half by the state of Wyoming and one-half by the state of Montana.



Question XVI. Implementation timeframe Does the compact include an implementation timeframe? If so, what is it? Compact: Summary:


Dec. 31, 1998.


No.


Yes, Once the AFC Basin Commission is created and creates an allocation formula, the Federal Commissioner has 210 days to approve. If the Federal Commissioner fails to submit his letter of approval within the 210 day period, the AFC Basin Commission has 45 days to renegotiate an acceptable allocation formula.


Only the state representatives shall be appointed by the respective governors within 30 days after the effective date of the compact.


No.


No.


No.


No.


No.




Not addressed.




Not addressed.


No – This is effective once ratified by all. AZ dragged its feet – the compact was modified so that the remaining 6 states plus the US could implement in 1929. AZ finally ratified in 1944.


No.


No.


No.


14.22 EFFECTIVE DATE: EXECUTION. This compact shall become binding and effective thirty days after the enactment of concurring legislation by the federal government, the states of Delaware, New Jersey and New York, and the Commonwealth of Pennsylvania.


N/A


Yes, see PROGRESS TOWARD IMPLEMENTATION


Once the compact has been ratified by the Legislature of each state, and the governors of W. Virginia and Maryland have “executed this compact on behalf of their respective states and have caused a verified copy thereof to be filed with the secretary of state of each respective state” and when the Baltimore district engineer of the U.S. Corps of Engineers has executed its concurrence with the compact and the U.S. Congress gives the compact its approval, then the compact becomes operative and effective. (Article V (f)).

Kansas-Missouri Flood Prevention and Control

Not addressed.

Compact, Missouri Revised Statutes §70.327 (1985). Kansas-Nebraska Big Blue River Compact, Pub. L. No. 92-308, 86 Stat. 193 (1972).

When ratified. Art VIII.


ARTICLE IX(A)(3) - The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the Governors of the two states.


No.


No.


ARTICLE VIII. COMMISSION AUTHORITY AND RESPONSIBILITY (4) To develop, prepare, and implement a comprehensive, cohesive water quality management plan for the purpose of reducing and subsequently eliminating the discharge of waste into the Mississippi River by January 1, 1998. Such plan shall be submitted to the signatories and shall be ratified by each state through its respective legislature. The plan shall become effective and binding for each state at the time its legislature ratifies and governor signs agreement with the plan. ARTICLE XVI: C. Effective Date. This compact shall become binding on a state when enacted by it into law and such state shall thereafter become a signatory and party hereto with any and all states legally joining herein.


No.


No.


Once a majority of states ratify compact. Art. XI

Oregon-California Goose Lake Interstate Compact, Oregon Revised Statutes §542.520

No.

(1963).


No.


The compact is to become effective “immediately after it shall have been ratified by the majority of the legislatures of the states of Maryland and W. Virginia, the Commonwealths of Pennsylvania and Virginia and by the Commissioners of the District of Columbia.” The compact must also be approved by the U.S. Congress. (Article VI).


Sec. 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,


ARTICLE XII. - This compact shall become operative immediately after it has been signed by the Governor of the State of South Dakota, the Governor of the State of North Dakota and the Governor of the State of Minnesota.


No implementation timeframe mentioned in the compact.


Compact just says that “commencing with the year following the effective date of this compact (1938)” all credits and debits of CO and NM will be computed. (Article VI).


No.


Not addressed.


No.


This compact shall become binding and effective 30 days after the enactment of concurring legislation by the federal government and each state


No.


N/A


Art. V. The commissioners shall meet and organize within ten days after the effective date of this compact.


Commission must meet within 4 months of effective date of compact for “organization meetings.”


Art. VI(c) defines a timeline in which the states will conduct groundwater studies, etc.


No.


No – only effective once entered into and enacted into law by the two party states and Federal government.


No.


No.

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