§ 38:2329 — Contracts with federal and state agencies

Louisiana § 38:2329

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§2329. Contracts with federal and state agencies
The board of commissioners of the Authority in addition to the powers hereinabove
set out shall have general power and authority to make and enter into all contracts, leases and
agreements necessary or convenient to carry out any of the powers granted in this Chapter,
which contracts, leases and agreements may be entered into with any person, real or artificial,
any corporation (municipal, public or private), any government or governmental agency,
including the United States of America, the State of Texas, the State of Louisiana, and the
agencies, bureaus, departments and subdivisions thereof, and may contract with any one or
more of the foregoing for the joint ownership, construction or operation, any or all, of any
facilities or properties authorized to be acquired or operated by the Authority within its
territorial jurisdiction.
Added by Acts 1950, No. 261, §8. Amended by Acts 1956, No. 432, §3.
The State of Texas and the State of Louisiana, parties signatory to this Compact
(hereinafter referred to as "Texas" and "Louisiana", respectively, or individually as a "State",
or collectively as the "States"), having resolved to conclude a compact with respect to the
waters of the Sabine River, and having appointed representatives as follows:
For Texas: Henry L. Woodworth, Interstate Compact Commission for Texas; and
John W. Simmons, President of the Sabine River Authority of Texas;
For Louisiana: Roy T. Sessums, Director of the Department of Public Works of the
State of Louisiana;
And consent to negotiate and enter into the said Compact having been granted by Act of the
Congress of the United States approved November 1, 1951 (Public Law No. 252; 82d
Congress, First Session) [U.S.Code Cong. & Adm.Service 1951, p. 748], and pursuant
thereto the President having designated Louis W. Prentiss as the representative of the United
States, the said representatives for Texas and Louisiana, after negotiations participated in by
the representative of the United States, have for such Compact agreed upon Articles as
hereinafter set forth. The major purposes of this Compact are to provide for an equitable
apportionment between the States of Louisiana and Texas of the waters of the Sabine River
and its tributaries, thereby removing the causes of present and future controversy between
the States over the conservation and utilization of said waters; to encourage the development,
conservation and utilization of the water resources of the Sabine River and its tributaries; and
to establish a basis for cooperative planning and action by the States for the construction,
operation and maintenance of projects for water conservation, and utilization purposes on
that reach of the Sabine River touching both States, and for apportionment of the benefits
therefrom.
As used in this Compact:
(a) The word "Stateline" means the point on the Sabine River where its waters in
downstream flow first touch the States of both Louisiana and Texas.
(b) The term "Waters of the Sabine River" mean the waters either originating in the
natural drainage basin of the Sabine River, or appearing as streamflow in said River and its
tributaries, from its headwater source down to the mouth of the River where it enters into
Sabine Lake.
(c) The term "Stateline flow" means the flow of waters of the Sabine River as
determined by the Logansport gauge located on the U.S. Highway 84, approximately four (4)
river miles downstream from the Stateline. This flow, or the flow as determined by such
substitute gauging station as may be established by the Administration, as hereinafter
defined, pursuant to the provisions of Article VII of this Compact, shall be deemed the actual
Stateline flow.
(d) The term "Stateline reach" means that portion of the Sabine River lying between
the Stateline and Sabine Lake.
(e) The term "the Administration" means the Sabine River Compact Administration
established under Article VII.
(f) The term "Domestic use" means the use of water by an individual, or by a family
unit or household for drinking, cooking, laundering, sanitation, and other personal comforts
and necessities; and for the irrigation of an area not to exceed one acre, obtained directly
from the Sabine River or its tributaries by an individual or family unit, not supplied by a
water company, water district or municipality.
(g) The term "stock water use" means the use of water for any and all livestock and
poultry.
(h) The term "consumptive use" means use of water resulting in its permanent
removal from the stream.
(i) The terms " 'domestic' and 'stock water' reservoir" means any reservoir for either
or both of such uses having a storage capacity of fifty (50) acre feet or less.
(j) "Stored water" means water stored in reservoirs (exclusive of domestic or stock
water reservoirs) or water withdrawn or released from reservoirs for specific uses and the
identifiable return flow from such uses.
(k) The term "free water" means all waters other than "stored waters" in the Stateline
reach including, but not limited to, that appearing as natural stream flow and not withdrawn
or released from a reservoir for specific uses. Waters released from reservoirs for the
purpose of maintaining stream flows as provided in Article V, shall be "free water". All
reservoir spills or releases of stored waters made in anticipation of spills, shall be free water.
(l) Where the name of the State or the term "State" is used in this Compact, it shall
be construed to include any person, or entity of any nature whatsoever of the States of
Louisiana or Texas using, claiming, or in any manner asserting any right to the use of the
waters of the Sabine River under the authority of that State.
(m) Wherever any State or Federal official or agency is referred to in this Compact,
such reference shall apply equally to the comparable official or agency succeeding to their
duties and functions.
Subject to the provisions of Article X, nothing in this Compact shall be construed as
applying to, or interfering with, the right or power of either signatory State to regulate within
its boundaries the appropriation, use and control of water, not inconsistent with its
obligations under this Compact.
Subject to the provisions of Article X, all rights to any of the waters of the Sabine
River which have been obtained in accordance with the laws of the States are hereby
recognized and affirmed; provided, however, that withdrawals, from time to time, for the
satisfaction of such rights, shall be subject to the availability of supply in accordance with
the apportionment of water provided under the terms of this Compact.
Texas shall have free and unrestricted use of all waters of the Sabine River and its
tributaries above the Stateline subject, however, to the provisions of Articles V and X.
Texas and Louisiana hereby agree upon the following apportionment of the Waters
of the Sabine River:
(a) All free water in the Stateline reach shall be divided equally between the two
States, this division to be made without reference to the origin.
(b) The necessity of maintaining a minimum flow at the Stateline for the benefit of
water users below the Stateline in both States is recognized, and to this end it is hereby
agreed that:
(1) Reservoirs and permits above the Stateline existing as of January 1, 1953 shall
not be liable for maintenance of the flow at the Stateline.
(2) After January 1, 1953, neither State shall permit or authorize any additional uses
which would have the effect of reducing the flow at the Stateline to less than 36 cubic feet
per second.
(3) Reservoirs on which construction is commenced after January 1, 1953, above the
Stateline shall be liable for their share of water necessary to provide a minimum flow at the
Stateline of 36 cubic feet per second; provided, that no reservoir shall be liable for a greater
percentage of this minimum flow that the percentage of the drainage area above the Stateline
contributing to that reservoir, exclusive of the watershed of any reservoir on which
construction was started prior to January 1, 1953. Water released from Texas' reservoirs to
establish the minimum flow of 36 cubic feet per second, shall be classed as free water at the
Stateline and divided equally between the two States.
(c) The right of each State to construct impoundment reservoirs and other works of
improvement on the Sabine River or its tributaries located wholly within its boundaries is
hereby recognized.
(d) In the event that either State constructs reservoir storage on the tributaries below
Stateline after January 1, 1953, there shall be deducted from that State's share of the flow in
the Sabine River all reductions in flow resulting from the operation of the tributary storage
and conversely such State shall be entitled to the increased flow resulting from the regulation
provided by such storage.
(e) Each State shall have the right to use any main channel of the Sabine River to
convey water stored on the Sabine River or its tributaries located wholly within its
boundaries, downstream to a desired point of removal without loss of ownership of such
stored waters. In the event that such water is released by a State through the natural channel
of a tributary and the channel of the Sabine River to a downstream point of removal, a
reduction shall be made in the amount of water which can be withdrawn at the point of
removal equal to the transmission losses.
(f) Each State shall have the right to withdraw its share of the water from the channel
of the Sabine River in the Stateline reach in accordance with Article VII. Neither State shall
withdraw at any point more than its share of the flow at the point except, that pursuant to
findings and determination of the Administration as provided under Article VII of this
Compact, either State may withdraw more or less of its share of the water at any point
providing that its aggregate withdrawal shall not exceed its total share. Withdrawals made
pursuant to this paragraph shall not prejudice or impair the existing rights of users of Sabine
River waters.
(g) Waters stored in reservoirs constructed by the States in the Stateline reach shall
be shared by each State in proportion to its contribution to the cost of storage. Neither State
shall have the right to construct a dam on the Stateline reach without the consent of the other
State.
(h) Each State may vary the rate and manner of withdrawal of its share of such
jointly stored waters on the Stateline reach, subject to meeting the obligations for
amortization of the cost of the joint storage. In any event, neither State shall withdraw more
than its pro-rata share in any one year (a year meaning a water year, October 1st to September
30th) except by authority of the Administration. All jointly stored water remaining at the end
of a water year shall be reapportioned between the States in the same proportion as their
contribution to the cost of the storage.
(i) Except for jointly stored water, as provided in (h) above, each State must use its
apportionment of the natural stream flows as they occur and there shall be no allowance of
accumulation of credits or debits for or against either State. The failure of either State to use
the stream flow or any part thereof, the use of which is apportioned to it under the terms of
this Compact, shall not constitute a relinquishment of the right to such use in the future;
conversely, the failure of either State to use the water at the time it is available does not give
it the right to the flow in excess of its share of the flow at any other time.
(j) From the apportionment of waters of the Sabine River as defined in this Article,
there shall be excluded from such apportionment all waters consumed in either State for
domestic and stock water uses. Domestic and stock water reservoirs shall be so excluded.
(k) Each State may use its share of the water apportioned to it in any manner that
may be deemed beneficial by that State.
(a) The States through their respective appropriate agencies or subdivisions may
construct jointly or cooperate with any agency or instrumentality of the United States in the
construction of works on the Stateline reach for the development, conservation and
utilization for all beneficial purposes of the waters of the Sabine River.
(b) All monetary revenues growing out of any joint State ownership, title and interest
in works constructed under Section (a) above, and accruing to the States in respect thereof,
shall be divided between the States in proportion to their respective contributions to the cost
of construction; provided, however, that each State shall retain undivided all its revenues
from recreational facilities within its boundaries incidental to the use of the waters of the
Sabine River, and from its severally State-owned recreational facilities constructed
appurtenant thereto.
(c) All operation and maintenance costs chargeable against any joint State
ownership, title and interest in works constructed under Section (a) above, shall be assessed
in proportion to the contribution of each State to the original cost of construction.
(a) There is hereby created an interstate administrative agency to be designated as
the "Sabine River Compact Administration" herein referred to as "the Administration".
(b) The Administration shall consist of two members from each State and of one
member as representative of the United States, chosen by the President of the United States,
who is hereby requested to appoint such a representative. The United States Member shall
be ex-officio chairman of the Administration without vote and shall not be a domiciliary of
or reside in either State. The appointed members for Texas and Louisiana shall be
designated within thirty days after the effective date of this Compact.
(c) The Texas members shall be appointed by the Governor for a term of six years;
provided, however, that one of the original Texas members shall be appointed for a term to
establish a half-term interval between the expiration dates of the terms of such members, and
thereafter one such member shall be appointed each three years for the regular term. The
Louisiana members shall be residents of the Sabine Watershed and shall be appointed by the
Governor for a term of four years, which shall run concurrent with the term of the Governor.
Each State member shall hold office subject to the laws of his State or until his successor has
been duly appointed and qualified.
(d) Interim vacancy, for whatever cause, in the office of any member of the
Administration shall be filled for the unexpired term in the same manner as hereinabove
provided for regular appointment.
(e) Within sixty days after the effective date of this Compact, the Administration
shall meet and organize. A quorum for any meeting shall consist of three voting members
of the Administration. Each State member shall have one vote, and every decision,
authorization, determination, order or other action shall require the concurring votes of at
least three members.
(f) The Administration shall have power to:
(1) Adopt, amend and revoke by-laws, rules and regulations, and prescribe
procedures for administration of and consistent with the provisions of this Compact;
(2) Fix and determine from time to time the location of the Administration's principal
office;
(3) Employ such engineering, legal, clerical and other personnel, without regard to
the civil service laws of either State, as the Administration may determine necessary or
proper to supplement State-furnished assistance as hereinafter provided, for the performance
of its functions under this Compact; provided, that such employees shall be paid by and be
responsible to the Administration and shall not be considered to be employees of either State;
(4) Procure such equipment, supplies and technical assistance as the Administration
may determine to be necessary or proper to supplement State furnished assistance as
hereinafter provided, for the performance of its functions under this Compact;
(5) Adopt a seal which shall be judicially recognized.
(g) In cooperation with the chief official administering water rights in each State and
with appropriate Federal agencies, the Administration shall have and perform powers and
duties as follows:
(1) To collect, analyze, correlate, compile and report on data as to water supplies,
stream flows, storage, diversions, salvage and use of the waters of the Sabine River and its
tributaries, and as to all factual data necessary or proper for the administration of this
Compact;
(2) To designate as official stations for the administration of this Compact such
existing water gauging stations (and to operate, maintain, repair and abandon the same), and
to locate, establish, construct, operate, maintain, repair and abandon additional such stations,
as the Administration may from time to time find and determine necessary or appropriate;
(3) To make findings as to the deliveries of water at Stateline, as hereinabove
provided, from the streamflow records of the Stateline gauge which shall be operated and
maintained by the Administration or in cooperation with the appropriate Federal Agency, for
determination of the actual Stateline flow unless the Administration shall find and determine
that, because of changed physical conditions or for any other reason, reliable records are not
obtainable thereafter; in which case such existing Stateline station may with the approval of
the Administration be abandoned and, with such approval, a substitute Stateline station
established in lieu thereof;
(4) To make findings as to the quantities of reservoir storage (including joint storage)
and releases therefrom, diversion, transmission losses and as to incident streamflow changes,
and as to the share of such quantities chargeable against or allocable to the respective States;
(5) To record and approve all points of diversion at which water is to be removed
from the Sabine River or its tributaries below the Stateline; provided that, in any case, the
State agency charged with the administration of the water laws for the State in which such
point of diversion is located shall first have approved such point for removal or diversion;
provided further that any such point of removal or diversion once jointly approved by the
appropriate State agency and the Administration, shall not thereafter be changed without the
joint amendatory approval of such State agency and the Administration;
(6) To require water users at their expense to install and maintain measuring devices
of approved type in any ditch, pumping station or other water diversion works on the Sabine
River or its tributaries below the Stateline, as the Administration may determine necessary
or proper for the purposes of this Compact; provided that the chief official of each State
charged with the administration of water rights therein shall supervise the execution and
enforcement of the Administration's requirements for such measuring devices;
(7) To investigate any violation of this Compact and to report findings and
recommendations thereon to the chief official of the affected State charged with the
administration of water rights, or to the Governor of such State as the Administration may
deem proper;
(8) To acquire, hold, occupy and utilize such personal and real property as may be
necessary or proper for the performance of its duties and functions under this Compact;
(9) To perform all functions required of the Administration by this Compact, and to
do all things necessary, proper or convenient in the performance of its duties hereunder.
(h) Each State shall provide such available facilities, supplies, equipment, technical
information and other assistance as the Administration may require to carry out its duties and
function, and the execution and enforcement of the Administration's order shall be the
responsibility of the agents and officials of the respective States charged with the
administration of water rights therein. State officials shall furnish pertinent factual and
technical data to the Administration upon its request.
(i) Findings of fact made by the Administration shall not be conclusive in any court
or before any agency or tribunal but shall constitute prima facie evidence of such facts.
(j) In the case of a tie vote on any of the Administration's determinations, orders or
other actions subject to arbitration, then arbitration shall be a condition precedent to any right
of legal action. Either side of a tie vote may, upon request, submit the question to arbitration.
If there shall be arbitration, there shall be three arbitrators: one named in writing by each
side, and the third chosen by the two arbitrators so elected. If the arbitrators fail to select a
third within ten days, then he shall be chosen by the Representative of the United States.
(k) The salaries, if any, and the personal expenses of each member of the
Administration, shall be paid by the Government which he represents. All other expenses
incident to the Administration of this Compact and which are not paid by the United States
shall be borne equally by the States. Ninety days prior to the Regular session of the
Legislature of either State, the Administration shall adopt and transmit to the Governor of
such State for his approval, its budget covering anticipated expenses for the forthcoming
biennium and the amount thereof payable by such State. Upon approval by its Governor,
each State shall appropriate and pay the amount due by it to the Administration. The
Administration shall keep accurate accounts of all receipts and disbursements and shall
include a statement thereof, together with a certificate of audit by a certified public
accountant, in its annual report. Each State shall have the right to make an examination and
audit of the accounts of the Administration at any time.
(l) The Administration shall, whenever requested, provide access to its records by
the Governor of either State or by the chief official of either State charged therein with the
administration of water rights. The Administration shall annually on or before January 15th
of each year make and transmit to the Governors of the signatory States, and to the President
of the United States, a report of the Administration's Activities and deliberations for the
preceding year.
(a) This Compact shall become effective when ratified by the Legislature and
approved by the Governors of both States and when approved by the Congress of the United
States.
(b) The provisions of this Compact shall remain in full force and effect until
modified, altered or amended in the same manner as hereinabove required for ratification
thereof. The right so to modify, alter or amend this Compact is expressly reserved. This
Compact may be terminated at any time by mutual consent of the signatory States. In the
event this Compact is terminated as herein provided, all rights then vested hereunder shall
continue unimpaired.
(c) Should a court of competent jurisdiction hold any part of this Compact to be
contrary to the constitution of any signatory State or of the United States of America, all
other severable provisions of this Compact shall continue in full force and effect.
This Compact is made and entered into for the sole purpose of effecting an equitable
apportionment and providing beneficial uses of the waters of the Sabine River, its tributaries
and its watershed, without regard to the boundary between Louisiana and Texas, and nothing
herein contained shall be construed as an admission on the part of either State or any agency,
commission, department or subdivision thereof, respecting the location of said boundary; and
neither this Compact nor any data compiled for the preparation or administration thereof
shall be offered, admitted or considered in evidence, in any dispute, controversy or litigation
bearing upon the matter of the location of said boundary.
The term "Stateline" as defined in this Compact shall not be construed to define the
actual boundary between the State of Texas and the State of Louisiana.
Nothing in this Compact shall be construed as affecting, in any manner, any present
or future rights or powers of the United States, its agencies, or instrumentalities in, to and
over the waters of the Sabine River Basin.
In Witness Whereof, the Representatives have executed this Compact in three
counterparts hereof, each of which shall be and constitute an original, one of which shall be
forwarded to the Administrator, General Services Administration of the United States of
America and one of which shall be forwarded to the Governor of each State.

Legislative History

Acts 1974, No. 625, ratified by Congress in the Reclamation Projects Authorization and Adjustments Act of 1992 (PL 102-575, Title 12, §§1201-1203) signed by the president on Oct. 30, 1992; Acts 1988, No. 471.