CHAPTER 12. RED RIVER BOUNDARY COMPACT
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 12. RED RIVER BOUNDARY COMPACT
Sec. 12.001. ADOPTION OF COMPACT. This state enacts the Red
River Boundary Compact into law and enters into the compact with
the State of Oklahoma if that state legally joins in the compact
in substantially the form provided by Section 12.002.
Added by Acts 1999, 76th Leg., ch. 212, Sec. 1, eff. May 24,
1999.
Sec. 12.002. TEXT OF COMPACT. The Red River Boundary Compact
reads as follows:
RED RIVER BOUNDARY COMPACT
ARTICLE I. PURPOSE
(a) The states of Texas and Oklahoma recognize that:
(1) there are actual and potential disputes, controversies,
criminal proceedings, and litigation arising, or that may arise,
out of the location of the boundary line between the states along
the Red River;
(2) the south bank of the Red River is the boundary between the
states along the Red River;
(3) the boundary between the states changes as a result of the
natural action of the river and, because of those changes and the
nature of the land, the south bank of the river is often not
readily or easily identified;
(4) while the south bank, at any given time, may be located
through expensive and time-consuming survey techniques, such
surveys can, at best, identify the south bank only as it exists
at the time of the survey;
(5) locating the south bank through survey techniques is of
minimal aid when agencies of the party states must locate the
state boundary line for law enforcement, administrative, and
taxation purposes; and
(6) the interests of the party states are better served by
establishing the boundary between the states through use of a
readily identifiable natural landmark than through use of an
artificial survey line.
(b) It is the principal purpose of the party states in entering
into this compact to establish an identifiable boundary between
the states of Texas and Oklahoma along the Red River as of the
effective date of this compact without interfering with or
otherwise affecting private property rights or title to property.
In addition, this compact serves the compelling purposes of:
(1) creation of a friendly and harmonious interstate
relationship;
(2) avoidance of multiple exercise of sovereignty and
jurisdiction, including matters of taxation, judicial and police
powers, and exercise of administrative authority;
(3) avoidance of lack of exercise of sovereignty and
jurisdiction over any lands along the boundary;
(4) avoidance of questions of venue in civil and criminal
proceedings that may arise as a result of incidents along the
boundary and avoidance or minimization of future disputes and
litigation;
(5) promotion of economic and political stability; and
(6) placement of the boundary at a location that can be visually
identified or located without the necessity of a current survey
and that is close to the historical boundary location.
ARTICLE II. ESTABLISHMENT OF BOUNDARY
(a) In this article:
(1) "Vegetation" means trees, shrubs, grasses, and other plant
species that substantially cover the ground. Whether the
vegetation substantially covers the ground is determined by
reference to the density of the coverage of the ground by trees,
shrubs, grasses, and other plant species in the area adjacent to
the relevant portion of the riverbed.
(2) "Vegetation line" means the visually identifiable continuous
line of vegetation that is adjacent to that portion of the
riverbed kept practically bare of vegetation by the natural flow
of the river and is continuous with the vegetation beyond the
riverbed. Stray vegetation, patches of vegetation, or islands of
vegetation within the riverbed that do not form such a line are
not considered part of the vegetation line. Where the riverbed is
entered by the inflow of another watercourse or is otherwise
interrupted or disturbed by a man-made event, the line
constituting the boundary is an artificial line formed by
extending the vegetation line above and below the other
watercourse or interrupted or disturbed area to connect and cross
the watercourse or area.
(b) The permanent political boundary line between the states of
Texas and Oklahoma along the Red River is the vegetation line
along the south bank of the Red River except for the Texoma area,
where the boundary does not change. For purposes of this compact:
(1) the Texoma area extends from the east bank of Shawnee Creek
(which flows into the Red River from the south approximately
one-half mile below the Denison Dam) at its mouth to the upper
end of the normal pool elevation of Lake Texoma (which is 617
feet); and
(2) the upper end of the normal pool elevation of Lake Texoma is
along the latitude of 33 degrees 54 minutes as it crosses the
watercourse at the approximate location of longitude 96 degrees
59 minutes.
(c) The party states agree that the existing boundary within the
Texoma area begins at the intersection of the vegetation line on
the south bank of the Red River with the east bank of Shawnee
Creek. From this point, the boundary extends west along the south
bank of the Red River as the bank existed immediately before the
commencement of the construction of Lake Texoma. From Shawnee
Creek to Denison Dam, this boundary line is within the current
channel of the Red River. Within Lake Texoma, this boundary line
follows the south bank of the Red River as the bank was located
and marked by the United States Army Corps of Engineers before
the commencement of the construction of Lake Texoma.
(d) Within one year after the date the United States Congress
consents to this compact, the Commissioner of the General Land
Office of Texas and a designated member of the Oklahoma Red River
Boundary Commission shall:
(1) locate the boundary line within the Texoma area as described
by Subsection (c), using the survey that the United States Army
Corps of Engineers prepared in connection with the construction
of Lake Texoma and any other surveys, historical maps, or other
information that may be available;
(2) prepare a map of the boundary line; and
(3) file the map in the state library and archives of each party
state and with the Oklahoma Secretary of State, after which the
map will be a part of this compact.
(e) Within one year after the date the map is filed under
Subsection (d)(3), the United States Army Corps of Engineers
shall permanently mark the boundary line within the Texoma area
as shown on the map. The United States Army Corps of Engineers
shall maintain the markers annually, or more frequently if
necessary.
(f) The party states may:
(1) agree to equally share the cost of monumenting and
maintaining the lines demarking both the boundary within the
Texoma area and the upper limit of the normal pool elevation in a
manner designed to make the boundary readily identifiable to the
using public; or
(2) seek funding from other sources for monumenting and
maintaining the lines.
(g) Should there be a change in the watercourse of the Red
River, the party states recognize the rules of accretion,
erosion, and avulsion. The states agree that accretion or erosion
may cause a change in the boundary between the states if it
causes a change in the vegetation line. With regard to avulsion,
the states agree that a change in the course of the Red River
caused by an immediately perceivable natural event that changes
the vegetation line will change the location of the boundary
between the states.
ARTICLE III. SOVEREIGNTY
On the effective date of this compact, the party states agree
that the State of Oklahoma possesses sovereignty over all lands
north of the boundary line established by this compact and that
the State of Texas possesses sovereignty over all lands south of
the boundary line established by this compact. This compact does
not change or affect in any manner the sovereignty rights of
federally recognized Indian tribes over lands on either side of
the boundary line established by this compact. Tribal sovereignty
rights continue to be established and defined by controlling
federal law.
ARTICLE IV. PENDING LITIGATION
This compact does not affect the jurisdiction of any litigation
concerning the title to any of the lands bordering the Red River
pending in the courts of either of the party states or the United
States as of the effective date of this compact. The states
intend that such litigation, if any, continue in the trial and
appellate courts of the jurisdiction where pending, until the
litigation is finally determined.
ARTICLE V. PUBLIC RECORDS
(a) All public records in either party state concerning any
lands the sovereignty over which is changed by this compact are
accepted as evidence of record title to such lands, to and
including the effective date of this compact, by the courts of
the other state and the federal courts.
(b) As to lands the sovereignty over which is changed by this
compact, the recording officials of the counties of each party
state shall accept for filing certified copies of documents of
title previously filed in the other state and documents of title
using legal descriptions derived from the land descriptions of
the other state. The acceptance of a document for filing has no
bearing on its legal effect or sufficiency. The legal sufficiency
of a document's form, execution, and acknowledgments, and the
document's ability to convey or otherwise affect title, are
determined by the document itself and the real estate laws of the
jurisdiction in which the land was located at the time the
document was executed or took effect.
ARTICLE VI. TAXES
(a) Except as provided by Subsections (b) and (c), the lands the
sovereignty over which is changed by this compact are, after the
effective date of this compact, subject to taxation only by the
state gaining sovereignty over the lands by this compact.
(b) Taxes for the year of adoption of this compact for property
the jurisdiction over which is changed by this compact may be
lawfully imposed only by the state in which the property was
located on January 1 of the year of adoption of this compact. The
taxes for the year of adoption may be levied and collected by
that state or its authorized governmental subdivisions or
agencies, and any liens or other rights accrued or accruing,
including the right of collection, are fully recognized, except
that all liens or other rights arising out of the imposition of
those taxes must be claimed or asserted within five years after
this compact takes effect or they are barred.
(c) The party states recognize that the boundary between the
states will change from time to time as a result of the natural
actions of accretion, erosion, and avulsion and agree that for
years subsequent to the year of adoption of this compact, the
state within which lands adjoining the boundary line are located
on January 1 of each year has the right to levy and collect taxes
for the entire ensuing year.
(d) All taxes currently assessed by governmental entities in
each party state as to lands that border or cross the boundary
line established by this compact are presumed to be correct as to
acreage within the particular jurisdiction, absent competent
proof to the contrary presented in writing by the property owner
or owners to the appropriate taxing agencies. All such proof must
be presented to the appropriate taxing agencies before May 1 of
the year following the year in which this compact takes effect.
In subsequent years it is presumed that the acreage taxed in each
jurisdiction for the previous year was correct unless evidence of
change is furnished to or obtained by the various taxing agencies
under rules and regulations adopted by those taxing agencies.
ARTICLE VII. PROPERTY AND WATER RIGHTS
This compact does not change:
(1) the title of any person or entity, public or private, to any
of the lands adjacent to the Red River;
(2) the rights, including riparian rights, of any person or
entity, public or private, that exist as a result of the person's
or entity's title to lands adjacent to the Red River; or
(3) the boundaries of those lands.
ARTICLE VIII. EFFECTIVE DATE
This compact takes effect when enacted by the states of Texas and
Oklahoma and consented to by the United States Congress.
ARTICLE IX. ENFORCEMENT
(a) This compact does not limit or prevent either party state
from instituting or maintaining any action or proceeding, legal
or equitable, in any court having jurisdiction, for the
protection of any right under this compact or the enforcement of
any of its provisions.
(b) This compact is not binding or obligatory on either party
state unless and until it has been enacted by both states and
consented to by the United States Congress. Notice of enactment
of this compact by each state shall be given by the governor of
that state to the governor of the other state and to the
president of the United States. The president is requested to
give notice to the governors of the party states of the consent
to this compact by the United States Congress.
ARTICLE X. AMENDMENTS
This compact remains in full force and effect unless amended in
the same manner as it was created.
Added by Acts 1999, 76th Leg., ch. 212, Sec. 1, eff. May 24,
1999.
Sec. 12.003. NEGOTIATIONS TO RESOLVE DIFFERENCES. (a) Until
the State of Oklahoma enters into the Red River Boundary Compact
in substantially the form provided by Section 12.002, the
Commissioner of the General Land Office has the authority to
negotiate with the appropriate Oklahoma representative to resolve
any differences between the states of Texas and Oklahoma
regarding matters covered by the compact. The commissioner shall
conduct the negotiations in cooperation with the Red River
Boundary Commission created by H.C.R. No. 128, Acts of the 74th
Legislature, Regular Session, 1995.
(b) The Commissioner of the General Land Office shall report
annually to the governor of this state, or more frequently if
necessary, on the status of the negotiations.
Added by Acts 1999, 76th Leg., ch. 212, Sec. 1, eff. May 24,
1999.
Sec. 12.004. IMPLEMENTATION OF COMPACT. (a) If the State of
Oklahoma enters into the Red River Boundary Compact in
substantially the form provided by Section 12.002, the
Commissioner of the General Land Office has the authority to
negotiate with the appropriate Oklahoma representative to
establish procedures for implementing the compact's provisions.
The commissioner shall conduct the negotiations in cooperation
with the Red River Boundary Commission.
(b) The Commissioner of the General Land Office shall report
annually to the governor of this state, or more frequently if
necessary, on the status of the negotiations.
(c) A procedure for implementing a provision of the compact must
be approved by the governor of this state.
Added by Acts 1999, 76th Leg., ch. 212, Sec. 1, eff. May 24,
1999.
Sec. 12.005. RELATION TO OTHER LAW AND LITIGATION. The Red
River Boundary Compact does not affect:
(1) the Red River Compact, the text of which is set out in
Section 46.013, Water Code; or
(2) the riparian rights of adjacent landowners to access and use
the waters of the Red River as provided by the Treaty of Amity,
Settlement and Limits, Feb. 22, 1819, United States-Spain, 8
Stat. 252, T.S. No. 327; or
(3) litigation pending in either state involving title to land
or boundaries of rivers or water bodies of that state.
Added by Acts 1999, 76th Leg., ch. 212, Sec. 1, eff. May 24,
1999.