Opinion · Supreme Court of the United States

State of Oklahoma v. State of Texas. United States, Intervener

State of Okla. v. State of Texas. United States, Intervener, 261 U.S. 340 (1923)

Type: Opinion
Court: Supreme Court of the United States
Jurisdiction: Federal
Date: 1923-03-12
Topic: general

*341 This cause having been heard and submitted upon certain questions, and the Court having considered the same and announced its conclusions in an opinion delivered January 15, 1923, [260 U. S. 606] It is ordered, adjudged, and decreed: 1. The boundary between the States of Oklahoma and Texas, where it'follows the course of the Red River from the 100th meridian of west longitude to the eastern boundary of the State of Oklahoma, is part of the international boundary established by the treaty of 1819 between the United States and Spain, and is on and along the south bank of that river as the same existed in 1821, when the treaty became' effective, save as hereinafter stated. 2. Where intervening changes in that bank have occurred through the natural and gradual processes known as erosion and accretion the boundary has followed the change; but where the stream has left its former channel and made for itself a new one through adjacent upland by the process known as avulsion the boundary has not followed the change, but has remained on and along what was the south bank before the change occurred. 3. Where, since 1821, the river has cut a secondary or additional channel through, adjacent upland on the south side in such a way that land theretofore on that side has become an island, the boundary is along that part of the south bank as theretofore existing which by the change became the northerly bank of the island; and where by accretion or erosion there have been subsequent chang…

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Cited by: 38 opinions

Headnotes

International Law — Treaties The boundary between Oklahoma and Texas where it follows the Red River from the 100th meridian to Oklahoma's eastern boundary is part of the international boundary established by the 1819 treaty between the United States and Spain, and lies along the south bank of the river as it existed in 1821 when the treaty became effective.
Environmental Law — Boundary Changes by Erosion, Accretion, and Avulsion Where a boundary river's bank has changed through the natural and gradual processes of erosion and accretion, the boundary follows the change; but where the stream has abandoned its former channel and cut a new one through adjacent upland by avulsion, the boundary does not follow the change and remains along the former bank.
Environmental Law — Boundaries Along Islands Formed by Channel Changes Where a boundary river has since 1821 cut a secondary or additional channel through adjacent upland on one side so that land previously on that side has become an island, the boundary runs along the former bank as it became the island's near bank, and shifts with subsequent accretion or erosion of that bank.
Environmental Law — Prospective Application of Boundary Rules The rules governing boundary changes by erosion, accretion, and avulsion apply equally to future changes in the river's banks.
Environmental Law — Definition of the River Bank The south bank of the river is the water-washed and relatively permanent elevation or acclivity on the southerly side — commonly called a cut bank — which separates the river's bed from the adjacent upland, whether valley or hill, and generally confines the waters within the bed and preserves the river's course.
Environmental Law — Location of Boundary on the Bank The state boundary runs along the bank at the mean level attained by the river's waters when they reach and wash the bank without overflowing it.
Environmental Law — Boundary Where No Cut Bank Exists At exceptional places where there is no well-defined cut bank but only a gradual incline from the river's sand bed to the upland, the boundary is a line over the incline conforming to the mean level of the waters where, at other places in the vicinity, they reach and wash the cut bank without overflowing it.
Real Property Law — Boundaries The Big Bend area, which has been fast upland on the south side of the river since before 1821, lies within Texas, was never owned by the United States, and its northerly border is part of the south bank along which the state boundary extends.
Real Property Law — Title Burke Bet Island and Goat Island, near the Big Bend area, have been islands in the river since before 1821, lie within Oklahoma, and are the property of the United States.
Environmental Law — Islands Created by Avulsion An island formed when land that was part of the fast valley land on the south side of the river in 1821 was severed by avulsion in 1902 lies within Texas, and the state boundary runs along its northerly bank.
Environmental Law — Riparian Access Rights Under Treaty The 1819 treaty secures to the inhabitants of Texas a right of reasonable access to the waters of the river along the state boundary, sufficient to reach the waters at all stages and to use them for beneficial purposes in common with the inhabitants of Oklahoma and other parts of the United States.
Civil Procedure — Appointment of Commissioners to Locate a Boundary Where the two states and the United States join in requesting that the boundary be run, located, and marked only at specified places rather than along its full length, the court may grant the request and designate commissioners to perform that work in accordance with the decree and the principles announced in the court's opinion.
Civil Procedure — Mode of Marking a Boundary Boundary portions are to be marked by establishing permanent monuments on the fast upland on the southerly side of the river at suitable intervals, and by carefully taking the distances and courses from each monument to the boundary as it exists when the work is done, with a description of the monuments and a statement of the distances and courses included in the commissioners' report.
Civil Procedure — Duties and Authority of Boundary Commissioners Before beginning work, each commissioner must take an oath to perform his duties faithfully and impartially; the commissioners must proceed with all convenient dispatch, may employ necessary assistants, and must include in their final report a statement of the work done, the time employed, and the expenses incurred.
Civil Procedure — Priority and Survey of the Big Bend Area The boundary along the Big Bend area must be run, located, monumented, and reported to the court before the commissioners undertake other portions of the work, and in locating that boundary they must ascertain and report the exact location of all oil wells within three hundred feet of it.
Civil Procedure — Review of Commissioners' Reports The commissioners' work is subject in all parts to the court's approval; copies of their reports must be promptly delivered to the two states and the United States, and any exceptions or objections must be presented to the court, or filed with the Clerk if the court is not in session, within forty days after the report is made.
Civil Procedure — Filling Vacancies on a Commission If a vacancy occurs on the commission while the court is not in session, it may be filled by the Chief Justice's designation of a new commissioner.
Civil Procedure — Costs The cost of executing the decree, including the commissioners' compensation, is to be borne in equal parts by Oklahoma, Texas, and the United States.

It is ordered, adjudged, and decreed:

1. The boundary between the States of Oklahoma and Texas, where it'follows the course of the Red River from the 100th meridian of west longitude to the eastern boundary of the State of Oklahoma, is part of the international boundary established by the treaty of 1819 between the United States and Spain, and is on and along the south bank of that river as the same existed in 1821, when the treaty became' effective, save as hereinafter stated.

2. Where intervening changes in that bank have occurred through the natural and gradual processes known as erosion and accretion the boundary has followed the change; but where the stream has left its former channel and made for itself a new one through adjacent upland by the process known as avulsion the boundary has not followed the change, but has remained on and along what was the south bank before the change occurred.

3. Where, since 1821, the river has cut a secondary or additional channel through, adjacent upland on the south side in such a way that land theretofore on that side has become an island, the boundary is along that part of the south bank as theretofore existing which by the change became the northerly bank of the island; and where by accretion or erosion there have been subsequent changes in that bank the boundary has changed with them.

4. The rules stated in the last two paragraphs vjill be equally applicable to such changes as may occur in the future.

5. The south bank of the river is the water-washed and relatively permanent elevation or. acclivity, ..commonly called a cut bank, along the southerly side of the river *342 which separates its bed from the adjacent upland, whether valley or hill, and Usually serves to confine the- waters within the bed and to preserve the course of the river.

6. The boundary between the two States is on and along that bank at the mean level attained by the waters of the river when they reach and wash the bank without overflowing it.

7. At exceptional places where there is no well defined cut bank, but only a gradual incline from the sand bed of the river to the upland, the boundary is a line over such incline conforming to the mean level of the waters when at other places in that vicinity they reach and wash the cut bank without overflowing it.

8. The area known as the Big. Bend, which lies within a northerly bend of the river between a southerly extension of- the east line of range thirteen west in Oklahoma and a southerly extension of the west line of range fourteen west in that State, has been since before 1821 fast upland on the southerly side of the river, is within the State of Texas and never was owned by the United States. The northerly border of that area is part of the south bank of the river on and along which the state boundary extends.

9. Burke Bet Island and Goat Island, both of which are in the vicinity of the Big. Bend Area, are islands in the river, have been islands since before 1821, are within the State of Oklahoma, and are the property of the United States.

10. The island in front of the line between Hardeman and Wilbarger Counties, in the State of Texas, was part of the fast valley land’ on the south side of the river in 1821, and was severed from the land on -that side by avulsion in 1902. . The island is within the State of Texas and the state boundary is along its northerly bank. ■

11. The treaty of 1819 secures to the inhabitants of the State of Texas a right of reasonable access to the *343 waters of the river along the state boundary, such as will enable them to reach the waters at all stages and to use the same for beneficial purposes in common with the inhabitants of the State of Oklahoma and of other parts of the United States.

1-2. The two States and the. United States having joined m a request that they be permitted to withdraw the prayer in their pleadings that the boundary for its full length along the river be run, - located and marked upon the ground, and having also joined in a further- request that the boundary be run, located and marked only at the places hereinafter named, the requests are granted, and Arthur D. Kidder and Arthur A. Stiles, both cadastral engineers, are designated as commissioners to run, locate and mark upon the ground the following portions of the boundary in accordance with this decree and the principles announced in the opinion delivered January 15, 1923:

(a) Along the Big Bend Area as hereinbefore defined;

(b) From the Big Bend Area westward to a southerly extension of the west line of range sixteen west in Oklahoma;

(c) Along all places where by avulsion since 1821 the river has come to occupy a- new channel whereby fast upland theretofore on one side of the river has come to be on the other side, — the line in every such instance to be run, located'and marked on and along what was the south bank before the change occurred; and

(d) Along any other places which either State or the United States may designate in a request in writing approved by a member of this court.

13. The mode of marking those portions of the boundary shall be by establishing in the vicinity thereof permanent monuments upon the fast upland on the southerly side of the river at suitable distances apart and carefully taking the distances and courses from such monuments to the boundary as the same exists at the time the work *344 is done. A description of the monuments and a statement of such distances and courses shall, be included in the report of the commissioners.

14. Before they enter upon their work each commissioner shall take and subscribe afi oath to perform his duties faithfully and impartially. They shall prosecute the work with all convenient dispatch, shall have authority to employ such assistants as may be needed therein, and shall include in their final report a statement of the work done and of the time employed and the expenses incurred in its performance.

15. The boundary along the Big Bend Area as herein-before defined shall be run, located, monumented and reported to.- the court before the commissioners take up other-portions of the work. • -In running and locating that part of- the boundary the commissioners shall ascertain the exact location .of all oil wells which are within three hundred feet of the same and shall include a statement thereof in their report.

16. The work of the commissioners shall be subject in all its parts to the approval of the court. Copies of their reports shall be promptly delivered to -the two States and the United States, and exceptions or objections thereto, if there be such, shall be presented to the court, or, if it be not in session, filed with the Clerk, within forty days .■ after the report is made. •

17. If for any reason there be a vacancy in the commis'-' si on when the court is not in session the same may be 'filled by the designation of a new commissioner by the Chief Justice.

18. The cost ' of executing this decree, including the compensation of the, commissioners, shall be borne in equal parts by the State of Oklahoma, the State of Texas and the United States,