Where East Meets West in Water Law
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Where East Meets West in Water Law
Oklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Laws of the Red River BasinAnn Marguerite ChapmanFollow this and additional works at: https://digitalcommons.law.ou edu/olr ổr Part of the Water Law CommonsRecommended CitationAnn M Chapman, Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems of Where East Meets West in Water Lawthe Red River Basin. 38 Okla. L. Rev. 1 (1985).https://digitalcommons.law OU edu/olr/vol38/issl/9This Article IS brought to you for free and open acceWhere East Meets West in Water Law
ss by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of UnivOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Law 1WHERE EAST MEETS WEST IN WATER LAW: THE FORMULATION OF AN INTERSTATE COMPACT TO ADDRESS THE DIVERSE PROBLEMS OF THE RED RIVER BASINMarguerite Ann Chapman*IntroductionThe completion of the Red River Compact in 1978 and its subsequent approval by Congress in 1980 was an important milestone both in t Where East Meets West in Water Lawhe proper management of an increasingly precious natural resource and in the use of the interstate compact device to address the multifaceted problemsWhere East Meets West in Water Law
of a region such as the Red River basin. The overall objective of this article is to examine the formulation and approval of the Red River Compact inOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Lawernmental problems which shaped the compact. The genesis of the compact, of course,•B.A., 1973, J.D., 1976, University of Arkansas (Fayetteville); LL.M., 1985, George Washington University. Assistant Professor, University of Tulsa College of Law.The author wishes to thank the following officials of Where East Meets West in Water Lawthe Oklahoma Water Resources Board for their cooperation in providing access to correspondence, minutes of negotiating sessions, and other records perWhere East Meets West in Water Law
taining to the deliberations that led to the formulation and approval of the Red River Compact: James R. Bamett, Executive Director and Commissioner fOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Lawan, Tulsa Branch Manager. Appreciation is also expressed to Laurence N. Flanagan, U.S. Department of the Army, Corps of Engineers, Lower Mississippi Valley Division, and to John Saxton, Acting Chairman of the Red River Compact Commission, and Americ J. Bryniarski, Arkansas representative to the Engi Where East Meets West in Water Lawneering Advisor)' Committee of the Red River Compact Commission and other staff of the Arkansas Soil and Water Conservation Commission, for copies ofWhere East Meets West in Water Law
other records. Unless otherwise indicated, the views expressed herein are those of the author and do not necessarily reflect the position of the goverOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Laws research assistants facilitated the completion of this article.This article was adapted from a manuscript submitted to George Washington University in partial fulfillment of the degree of Master of Law in Environmental Law.—Ed.Published by University of Oklahoma College of Law Digital Commons. 198 Where East Meets West in Water Law52OKLAHOMA LAW REVIEW [Vol. 38:1did not occur in a political or legal vacuum. In order to provide a context in which the negotiations were undertaken,Where East Meets West in Water Law
part II of this article chronicles the adjustment of interstate disputes from colonial days until the middle of the twentieth century when the impetuOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Laws discussed in part III, which also reviews the enunciation by the Supreme Court of the basic principles applicable to interstate water disputes. As a background to the preliminary assessment of the compact made herein, part IV examines the expansion of federal authority over the nation’s waters. Pa Where East Meets West in Water Lawrt V reviews the impetus to negotiate the compact, charts the progress of the deliberations from 1956 until congressional approval of the compact in 1Where East Meets West in Water Law
980, and recounts some of the difficulties encountered during the negotiations. Finally, part VI explains the compact’s structure and primary powers aOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Lawxplain and evaluate its provisions, but also to assess the position of this compact in the nation’s history of the adjustment of interstate disputes.I. The Red River Compact in PerspectiveThe Showdown at Denison DamMore than a hundred and fifty persons watched at high noon, May 12, 1978, as the duly Where East Meets West in Water Law authorized representatives of the states of Arkansas, Louisiana, Oklahoma, and Texas and of the United States government assembled atop Denison Dam oWhere East Meets West in Water Law
n the Red River near Denison, Texas, to sign the Red River Compact.' The formal signing of this multipurpose compact expressed, inter alia, the agreemOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Law, Oklahoman & Times, May 13, 1978, at 3, col. I. An editorial in one Oklahoma newspaper heralded the historic signing of the compact as “at least a start at facing up to Oklahoma’s future water needs,” which constituted “easily Oklahoma’s No. 1 problem of the 1980’s and ’9O’s.” Time to 'Divvy Up’, D Where East Meets West in Water Lawaily Oklahoman, May 9, 1978, at 8, col. 1. The same editorial couched the apportionment of water made by the compact in terms of state versus federalWhere East Meets West in Water Law
control of decision making, observing that while “(i]t’s not much fun to share Oklahoma water with other states, . . . it’s better for these states toOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Lawyst as possibly "the first step in keeping waters from the Red River Basin from later being drawn off by arid regions demanding relief through federal courts.” E. Kelley, Historic Red River Water Pact Ready for Signing, Sunday Oklahoman, May 7, 1978, at 1, col. I. An official of the Oklahoma Water R Where East Meets West in Water Lawesources Board (OWRB) commented that presidential approval of the compact “‘would make it difficult’ from a legal standpoint for Texas to use the basiWhere East Meets West in Water Law
n’s tributaries as a source of water for piping it to the thirsty High Plains region.” Id. However, the exportation of water from the system is not prOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Law4 Stat. 3305 (1980) (hereinafter cited as Red River Compact, with applicable U.S. Stat.). For purposes of the compact, “Red River” means the stream below the crossing of the Tcxas-https J,'digitakommons.law.ou.edu ồlr V0B8/ĨSS1 /919851 WHERE EAST MEETS WEST IN WA TER LA w 3in the United States.’ The Where East Meets West in Water Law ceremony ended more than twenty-two years of congressionally authorized negotiations between and among the four states over the creation of an intersWhere East Meets West in Water Law
tate legal framework for the conservation and development of the Red River system, one of the greatest resources of the Southwest.4The official signinOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Lawion by President Dwight Eisenhower on August 11, 1955, of legislation specifically consenting to the negotiations.6 During the ensuing year and a half following the formal signing ceremony, the compact was ratified by the respective legislatures of the signatory states and approved by the Congress.7 Where East Meets West in Water Law The Red River Compact became legally effective and binding on December 22, 1980, when President Jimmy Carter approved the consent legislation.8OklahoWhere East Meets West in Water Law
ma state boundary at longitude 100*’ west. Id. $ 3.01(b), 94 Stat. 3307. “Red River basin” denotes all of the natural drainage area of the Red River aOklahoma Law ReviewVolume 38 Number 131048Where East Meets West in Water Law: The Formulation of an Interstate Compact to Address the Diverse Problems Where East Meets West in Water Law The term "Red River system” is used interchangeably with “waler of the Red River basin” to refer to the water originating in any part of the Red River basin and flowing to or into the Red River or any of its tributaries. Id. § 3.01(d), 94 Stat. 3308. Where East Meets West in Water LawGọi ngay
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