Okla. Stat. tit. 82, § 82-1085.84A — OK Code / Title 82 / Section 82-1085.84A
Drinking Water Treatment Loan Administrative Fund
Status: in_force

A. In order to administer the Drinking Water Treatment

Revolving Loan Account, there is hereby created in the State

Treasury a "Drinking Water Treatment Loan Administrative Fund". The

Drinking Water Treatment Loan Administrative Fund shall be set apart

from all other Board accounts and funds and shall be a permanent and

perpetual fund not subject to fiscal year limitations. The Drinking

Water Treatment Loan Administrative Fund shall consist of monies

deposited into the fund from the following sources:

1. Application processing and loan administrative fees

collected by the Board on Drinking Water Treatment Revolving Loan

Account loans; and

2. Any other funds, whether public or private, that have been

designated by the source thereof for deposit in the Drinking Water

Treatment Loan Administrative Fund.

B. Monies in, or investment income derived from, the Drinking

Water Treatment Loan Administrative Fund shall be restricted and

used solely for the purpose of administering the Drinking Water

Treatment Revolving Loan Account or as otherwise authorized by the

federal Safe Drinking Water Act or guidance or regulations

promulgated thereunder. Monies in the Drinking Water Treatment Loan

Administrative Fund, or investment income derived therefrom, shall

be used by the Board and Department in carrying out their

responsibilities as provided in the written annual joint operating

agreement identified in Section 1085.82 of Title 82 of the Oklahoma

Statutes and shall be subject to annual designation by the State

Legislature.

C. The monies placed in the Drinking Water Treatment Loan

Administrative Fund may be invested by the State Treasurer in an

adequately collateralized manner and as prescribed by Section 89.2

of Title 62 of the Oklahoma Statutes or pursuant to investment

contracts or agreements with entities maintaining a rating in the

top two categories by a nationally recognized municipal bond rating

agency, all in a manner consistent with the federal Safe Drinking

Water Act or regulations promulgated thereunder. The Oklahoma Water

Resources Board may transfer to the Drinking Water Treatment Loan

Administrative Fund income derived from investment of the fund.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 260

Monies invested by the State Treasurer shall be available to meet

administrative funding needs.

D. The Board is authorized to transfer monies from the Drinking

Water Treatment Loan Administrative Fund into the Drinking Water

Treatment Revolving Loan Account to be utilized for purposes

consistent with the federal Safe Drinking Water Act.

E. The Board shall cause to be completed an annual audit of any

expenditures from the Drinking Water Treatment Loan Administrative

Fund.
Okla. Stat. tit. 82, § 82-637 — OK Code / Title 82 / Section 82-637
Maintenance assessment - Apportionment - To be additional
Status: in_force

tax.

To maintain, operate and preserve the reservoirs, ditches,

drains, dams, levees, canals or other improvements made pursuant to

this act and to strengthen, repair and restore the same, when

Oklahoma Statutes - Title 82. Waters and Water Rights Page 112

needed, and for the purpose of defraying the current expenses of the

district, the board of directors may upon the substantial completion

of said improvements and on or before the first day of October in

each year thereafter, levy an assessment upon each tract or parcel

of land and other property, upon corporate property, within the

district subject to assessments under this act, to be known as a

"Conservancy Maintenance Assessment". Said maintenance assessment

shall be apportioned upon the basis of the total appraisal of

benefits accruing for the original and subsequent construction,

shall not exceed one percent (1%) thereof in any one year unless the

court shall by its order find a necessity exists and authorize an

assessment of a larger percentage, and shall be certified in

duplicate to the county clerk of each county in which lands of said

district are situated, said maintenance assessment shall be entered

in the same book as general assessments but in a separate column, or

in a separate book kept for the purpose of maintenance assessments

and if in a separate book, it shall be entered in like manner and at

the same time as the annual installment special assessment is

entered. Said county clerk shall certify the same to the treasurer

of the county at the same time that he certified the annual

installment of the bond fund, and make return thereof and shall be

liable for the same penalties for failure or neglect so to do, as

may be provided herein for the annual installment of the assessment.

The amount of the maintenance tax paid by any parcel of land shall

not be credited against the benefits assessed against such parcel of

land; but the maintenance special assessment shall be in addition to

any special assessment that has been or can be levied against the

benefit appraisal.
Okla. Stat. tit. 82, § 82-1020.2A — OK Code / Title 82 / Section 82-1020.2A
Taking and use of water from aquifers - Permits
Status: in_force

A. The storage and recovery of water from an aquifer, pursuant

to a site-specific aquifer storage and recovery plan approved by the

Oklahoma Water Resources Board, shall be considered a beneficial use

and not waste. Except as provided in this section and Section

1020.15 of Title 82 of the Oklahoma Statutes, the provisions of this

act shall not apply to the taking and use of water stored in an

aquifer pursuant to such a plan.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 186

B. The Oklahoma Water Resources Board shall promulgate and

implement rules for the taking and use of water stored in an aquifer

pursuant to a site-specific aquifer storage and recovery plan,

including the issuance of permits for the taking and use of such

water and for the approval of such site-specific aquifer storage and

recovery plans. Rules related to the approval of site-specific

aquifer storage and recovery plans shall mandate, in addition to

requirements necessary to demonstrate that the requested amount of

stored water is available for recovery, the spacing of wells

necessary to ensure that the storage and recovery of water permitted

under this section shall not interfere with any domestic or

permitted groundwater use in the basin.

C. A permit to take and use water stored in an aquifer pursuant

to a site-specific aquifer storage and recovery plan shall only be

granted if substantive evidence accompanying the application

demonstrates:

1. The Oklahoma Water Resources Board has approved the site-

specific aquifer storage and recovery plan;

2. The applicant has legal access to the water stored in the

aquifer pursuant to the plan;

3. The applicant or its successor in interest stored or caused

to be stored said water pursuant to and in compliance with any

required authorization issued by the Oklahoma Department of

Environmental Quality that is intended to protect water quality; and

4. The stored water is available for use in the applied for

amount during the period covered by, and in the manner described in,

the proposed permit.

D. Any permitted use of water stored in an aquifer under this

section is in addition to any domestic use authorized under Section

1020.3 of Title 82 of the Oklahoma Statutes or any other use

authorized pursuant to a permit issued under Section 1020.11 of

Title 82 of the Oklahoma Statutes.

E. Any permit issued under this section shall specify the

location of the permitted well or wells and other terms and

conditions as specified by the Board including, but not limited to,

the rate of withdrawal, the level of perforating and the level of

sealing the well.
Okla. Stat. tit. 82, § 82-508 — OK Code / Title 82 / Section 82-508
Appeal from organization of district - Collateral attack
Status: in_force

The Conservation Commission or any landowner affected by any

proposed conservancy district or by the creation of any conservancy

districts under the provisions of this act, who is aggrieved by any

order refusing to establish or establishing such district may,

within one hundred eighty (180) days after the rendition of such

order, appeal from the same to the Supreme Court of the State of

Oklahoma upon giving bond in the sum to be fixed by the court.

Provided, however, that where any order is made organizing any such

district, such judgment shall not be superseded pending appeal

unless fifty-one percent (51%) of the landowners affected by such

order join in the appeal. The organization of any conservancy

district hereunder shall not be subject to collateral attack in any

suit, action or proceeding except as to jurisdictional questions.
Okla. Stat. tit. 82, § 82-614 — OK Code / Title 82 / Section 82-614
Lands exempt and later liable to assessment
Status: in_force

If any lands in any district organized under this act on which

benefits have been appraised and confirmed, are not liable for

assessment at the time of the execution of the work, but afterwards

during the period when such work is being paid for, become liable to

taxation or assessment by reason of some change in condition or

ownership, such lands shall thereupon be assessed as other lands in

said district receiving equal benefits. Providing that lands owned

by Indians, by the State of Oklahoma, or any political subdivision,

or any school district, shall be assessable under this act;

provided, however, districts established under this act are

Oklahoma Statutes - Title 82. Waters and Water Rights Page 103

authorized to enter into contracts providing for payment in lieu of

assessments on any such lands. Any assessments made on lands

previously exempt shall not be retroactive or cumulative, and such

lands shall be assessed, proportionate to the benefits appraised

thereon, for the remaining time required for payment of the cost of

such work.
Okla. Stat. tit. 82, § 82-1B — OK Code / Title 82 / Section 82-1B
Moratorium on sale or exportation of surface water and/or
Status: repealed

groundwater.

A. In order to provide for the conservation, preservation,

protection and optimum development and utilization of surface water

and groundwater within Oklahoma, the Legislature hereby establishes

a moratorium on the sale or exportation of surface water and/or

groundwater outside this state pursuant to the provisions of this

section. Unless otherwise repealed or revoked by the Oklahoma

Legislature, the moratorium shall be in effect for a five-year

period beginning on the effective date of this act or until such

time as the State of Oklahoma conducts and completes a comprehensive

scientific hydrological study of the water resources of this state.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 14

B. Subject to the moratorium set by subsection A of this

section, no state agency, authority, board, commission, committee,

department, trust or other instrumentality of this state or

political subdivision thereof, nor elected or appointed officer,

member of any governing body or other person designated to act for

an agency or on behalf of the state, or a political subdivision

thereof shall contract for the sale or exportation of surface water

or groundwater outside the state, or sell or export surface water or

groundwater outside the state without the consent of the Oklahoma

Legislature specifically authorizing such sale or export of water.

C. Nothing in this section shall be construed as affecting or

intending to affect:

1. Any contract for the sale or exportation of surface water or

groundwater outside the state executed prior to the effective date

of this act which has received legislative approval or was executed

pursuant to law, provided such sale or exportation of surface water

or groundwater does not exceed eight million (8,000,000) gallons of

water per month; or

2. Water contained in agricultural crops, animal and dairy

products, beverages, or processed or manufactured products or to

products transported in cans, bottles, packages, kegs, or barrels.
Okla. Stat. tit. 82, § 82-926.3 — OK Code / Title 82 / Section 82-926.3
Renumbered as § 2-6-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-105.12A — OK Code / Title 82 / Section 82-105.12A
Permits to use water outside of state
Status: in_force

A. The State of Oklahoma has long recognized the importance of

the conservation and preservation of its public waters and the

necessity to maintain adequate supplies for the present and future

water requirements of the state and to protect the public welfare of

its citizens, and has entered into interstate compacts for that

purpose.

B. No permit issued by the Oklahoma Water Resources Board to

use water outside the boundaries of the State of Oklahoma shall:

1. Impair the ability of the State of Oklahoma to meet its

obligations under any interstate stream compact; or

2. Impair or affect the powers, rights, or obligations of the

United States, or those claiming under its authority or law, in,

over and to water apportioned by interstate compacts.

C. Water apportioned to the State of Oklahoma by an interstate

compact is subject to the right and power of the State of Oklahoma

to control, among other matters, the method of diversion of the

water and the place of use.

D. No permit for the use of water out of state shall authorize

use of water apportioned to the State of Oklahoma under an

interstate compact unless specifically authorized by an act of the

Oklahoma Legislature and thereafter as approved by it.
Okla. Stat. tit. 82, § 82-1085.72 — OK Code / Title 82 / Section 82-1085.72
Definitions
Status: in_force

For the purposes of this act:

1. "Drinking water treatment project" means:

a. any engineering undertaking or work to control or

develop drinking water treatment facilities of

eligible entities for all useful and lawful purposes,

b. any system necessary to improve or develop drinking

water supply, treatment or distribution capabilities,

or

c. any implementation of water source protection programs

as authorized by the federal Safe Drinking Water Act

and this act;

2. "Investment certificate" means any note or bond, including

any renewal note or refunding bond, authorized and issued by the

Board pursuant to the provisions of this act;

3. "Eligible entity" means any city, town, county or the State

of Oklahoma, and any rural water district, public trust, master

conservancy district, any other political subdivision or any

combination thereof;

4. "Board" means the Oklahoma Water Resources Board;

5. "Department" means the Department of Environmental Quality;

and

6. "Safe Drinking Water Act" means the federal Safe Drinking

Water Act as exists on the effective date of this act, as may be

amended, or any successor statute.
Okla. Stat. tit. 82, § 82-1085.61 — OK Code / Title 82 / Section 82-1085.61
Default - Collection actions by Attorney General
Status: in_force

In the event of a default in payment of the principal or

interest on loans made from the Clean Water State Revolving Fund

Loan Account pursuant to this act, the Attorney General is empowered

and it shall be the duty of the Attorney General to take action to

collect amounts due to the account. The Attorney General shall

institute appropriate proceedings by mandamus or other legal

remedies to compel the defaulting party and its officers, agents,

and employees to cure the default by performing duties that they are

legally obligated to perform. Those proceedings shall be brought

and venue shall be in the district court of Oklahoma County.
Okla. Stat. tit. 82, § 82-1020.12 — OK Code / Title 82 / Section 82-1020.12
Report of water used
Status: in_force

A. Holders of permits shall be required to report to the

Oklahoma Water Resources Board annually their use of water pursuant

to their permits. Willful failure to report annual usage may result

in cancellation of the permit by the Board upon proper notice and

hearing as provided in the Administrative Procedures Act.

B. Holders of permits which use groundwater in connection with

an animal feeding operation which houses swine and primarily uses a

Oklahoma Statutes - Title 82. Waters and Water Rights Page 198

liquid waste management system where animals are primarily housed in

a roof-covered structure shall be required to indicate such use in

their annual water use report. Such holders shall also indicate

whether or not the animal feeding operation is licensed pursuant to

the Oklahoma Concentrated Animal Feeding Operations Act.

C. The Board shall notify the State Department of Agriculture

of the names and addresses of all permit holders who report usage of

groundwater in connection with an animal feeding operation which

houses swine and which primarily uses a liquid waste management

system where animals are primarily housed in a roof-covered

structure and who are not licensed pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act.
Okla. Stat. tit. 82, § 82-1324.48 — OK Code / Title 82 / Section 82-1324.48
Power of Board - Expenses of analysis or investigation
Status: in_force

- Payment.

The Oklahoma Water Resources Board shall have power to perform

any and all acts, and to prescribe, issue, make, amend and rescind

such orders and rules as it may find necessary or appropriate to

carry out the provisions of this act. The expense of conducting an

analysis or investigation by the Board of the information required

to be filed under Section 7 of this act shall be paid by the

acquiring party within fifteen (15) days of the public hearing

required by Section 8 of this act. Expenses of conducting the

analysis or investigation may include, but not be limited to, the

cost of acquiring expert witnesses, consultants and analytical

services.
Okla. Stat. tit. 82, § 82-1324.31 — OK Code / Title 82 / Section 82-1324.31
Organization of district
Status: in_force

Pursuant to the provisions of this act, any corporation which

was formed prior to December 1, 1988, may organize and constitute a

district subject to the provisions of the Rural Water, Sewer, Gas

and Solid Waste Management Districts Act.
Okla. Stat. tit. 82, § 82-1085.77 — OK Code / Title 82 / Section 82-1085.77
Powers and duties of Board
Status: in_force

A. In addition to other powers and duties provided by law, the

Board shall have the power and duty to:

1. Manage, maintain, expend and otherwise administer monies in

the Water Resources Fund and any accounts or subaccounts therein,

except as otherwise provided by paragraph 2 of this subsection,

pursuant to the provisions of Sections 1085.31 through 1085.39 of

this title;

2. Manage, maintain, expend and otherwise administer monies in

the Drinking Water Treatment Revolving Loan Account pursuant to the

statutory authority of the Oklahoma Water Resources Board and shall

manage the account so as to make available the amounts necessary to

fund loans to eligible entities entitled to receive funding;

3. Establish separate accounts and subaccounts within the Water

Resources Fund and provide that such accounts be segregated and used

for specified purposes or held as security for designated

obligations;

4. Issue investment certificates to provide necessary funds for

the Drinking Water Treatment Revolving Loan Account pursuant to the

provisions of subsection B of this section;

5. Enter into binding loan agreements with the eligible

entities; and

6. Transfer, when necessary, monies from the Drinking Water

Treatment Revolving Loan Account to the Statewide Water Development

Revolving Fund to be used for security or collateral for investment

Oklahoma Statutes - Title 82. Waters and Water Rights Page 257

certificates issued for the Drinking Water Treatment Revolving Loan

Account. The monies so transferred and the interest income from

such monies shall be restricted for use to those programs authorized

by the federal Safe Drinking Water Act. The Board shall establish

such accounts and subaccounts within the Statewide Water Development

Revolving Fund necessary to implement the provisions of this

paragraph.

B. The Board may issue investment certificates to provide

necessary funds for the Drinking Water Treatment Revolving Loan

Account; provided that said issuance shall be governed by the

provisions of Section 1085.33 and Section 1085.37 of this title.

The Board shall not issue such investment certificates unless:

1. The Board has determined that the issuance of the investment

certificates is an economical way to provide loan funds to meet the

demand for funding and is beneficial for the long term stability of

the fund. Prior to issuance of any such bonds, the Board shall

fully consider all comments submitted by the public concerning

issuance of the bonds; and

2. The issuance of such certificates has been reviewed and

approved pursuant to the Oklahoma Bond Oversight and Reform Act.
Okla. Stat. tit. 82, § 82-1087.4 — OK Code / Title 82 / Section 82-1087.4
Continued conduct of research and development
Status: in_force

activities.

The Board shall exercise its powers in such manner as to promote

the continued conduct of research and development activities in the

fields specified below by private or public institutions or persons

and to assist in the acquisition of an expanding fund of theoretical

and practical knowledge in such fields. To this end the Board may

conduct, and make arrangements including contracts and agreements

for the conduct of, research and development activities relating to:

1. The theory and development of methods of weather

modification and control, including processes, materials and devices

related thereto;

2. Utilization of weather modification and control for

agricultural, industrial, commercial, municipal and other purposes;

and

3. The protection of life and property during research and

operational activities.
Okla. Stat. tit. 82, § 82-1501-450 — OK Code / Title 82 / Section 82-1501-450
Renumbered as § 3-2-107 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1464 — OK Code / Title 82 / Section 82-1464
Renumbered as § 896.12 of this title by Laws 2016, c
Status: in_force

297, § 32, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-1501-103 — OK Code / Title 82 / Section 82-1501-103
Renumbered as § 3-1-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1620.1 — OK Code / Title 82 / Section 82-1620.1
Accreditation standards for floodplain administrators
Status: in_force

A. In determining accreditation standards for floodplain

administrators, the Oklahoma Water Resources Board may consider the

knowledge, experiences, skills, and training of an applicant in

floodplain management and in minimization and prevention of flood

hazards and losses. The accreditation standards may include:

1. Passage of an examination;

2. Completion of approved training; or

3. Certification by a nationally recognized floodplain

management organization.

B. Continued training may be required for continued

accreditation of a floodplain administrator.
Okla. Stat. tit. 82, § 82-1085.51 — OK Code / Title 82 / Section 82-1085.51
Legislative intent
Status: in_force

In addition to the financial assistance program established

under Sections 1085.31 through 1085.49 of this title pursuant to

Section 39 of Article X of the Oklahoma Constitution, it is the

intention of the Legislature to establish a Clean Water State

Revolving Fund Program to implement Title VI of the federal Water

Quality Act of 1987.
Okla. Stat. tit. 82, § 82-277.19 — OK Code / Title 82 / Section 82-277.19
Inactive districts
Status: in_force

If a district is inactive, the district judge of the county in

which the greater part of the district is situated may designate a

board of directors who shall act with the same authority and in the

same manner in dissolving the district as if such board had been

duly elected officers of the district.
Okla. Stat. tit. 82, § 82-1616 — OK Code / Title 82 / Section 82-1616
Appeals
Status: in_force

A. Appeals of any final decision of the Oklahoma Water

Resources Board relating to a development permit shall be in

accordance with the Administrative Procedures Act.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 399

B. Appeals of the decision of a county or municipal floodplain

board, or floodplain administrator, shall be taken to the board of

adjustment for the area of jurisdiction involved in the appeal or to

the governing body of the county or municipality where no board of

adjustment exists.

C. Appeals may be taken by any person aggrieved or by a public

officer, department, board or bureau affected by any decision of the

floodplain board, or a floodplain administrator, in administering

the floodplain management regulations.

D. The appeal shall be taken within a period of not more than

ten (10) days, by filing written notice with the appellant body and

the floodplain board, stating the grounds thereof.

E. An appeal shall stay all proceedings in furtherance of the

action appealed from unless the floodplain board, or the floodplain

administrator, from which the appeal is taken shall certify to the

appellant body that by reason of facts stated in the certificate a

stay would, in its opinion, cause imminent peril to life or

property.

F. The appellant body shall have the following powers and

duties:

1. To hear and decide appeals where it is alleged that there is

error of law in any order, requirement, decision or determination

made in the enforcement of the floodplain management regulations;

and

2. Reverse or affirm wholly or partly, or may modify the order,

requirement, decision or determination as ought to be made, and to

that end shall have all the powers of the floodplain board or

administrator from which the appeal is taken.

G. In acting upon any appeal, the appellant body shall apply

the principles, standards and objectives set forth and contained in

all applicable regulations and plans adopted.
Okla. Stat. tit. 82, § 82-1109 — OK Code / Title 82 / Section 82-1109
Conclusiveness and validity of plan
Status: in_force

The plan and any modification, amendment or extension thereof,

when adopted by the board of directors after notice and hearing,

shall be final and conclusive and its validity shall be conclusively

presumed.
Okla. Stat. tit. 82, § 82-105.22 — OK Code / Title 82 / Section 82-105.22
Severance and transfer of water right
Status: in_force

All water used in this state for irrigation purposes shall

remain appurtenant to the land upon which it is used: Provided, that

if for any reason it should at any time become impracticable to

beneficially or economically use water for the irrigation of any

land to which the right of use of same is appurtenant, said right

may be severed from said land, and simultaneously transferred, and

become appurtenant to other land, without losing priority of right

Oklahoma Statutes - Title 82. Waters and Water Rights Page 30

theretofore established, if such change can be made without

detriment to existing rights, on the approval of an application of

the owner to the Board. Before the approval of such application,

the applicant must give notice thereof by publication once a week

for two (2) consecutive weeks in a newspaper or newspapers of

general circulation in the county or counties in which each tract of

land is located. The notice shall be in the form prescribed by the

Board and shall include the name of the applicant, the date, time

and place and kind of use and a description of the nature of the

proposed change. The final publication of the notice shall precede

the date of the hearing by at least thirty (30) days.

After proof of notice and hearing, the Board shall issue its

order. The order may deny or grant the application in whole or in

part upon such conditions as are necessary to preserve the rights of

the parties. Any person aggrieved by the order may seek relief as

provided for in The Administrative Procedures Act.
Okla. Stat. tit. 82, § 82-1324.22 — OK Code / Title 82 / Section 82-1324.22
Exemption from taxes and assessments
Status: in_force

Districts formed hereunder shall be exempt from all excise taxes

of whatsoever kind or nature, and further, shall be exempt from

payment of assessments in any general or special taxing district

levied upon the property of said district, whether real, personal or

mixed; such exemption shall include, but not be limited to,

franchise taxes or assessments or fees levied by a county or

municipality for inspections of the facilities of the district which

were not requested by the district. Any and all securities and

evidences of indebtedness issued by a district created pursuant to

this act and the income interest and capital gains thereon shall not

be subject to the income tax laws of this state and persons owning

or holding said securities and evidences of indebtedness or their

heirs, devisees, successors, or assigns shall not be required to pay

to the State of Oklahoma income tax upon the profits and capital

gains upon said securities and evidences of indebtedness.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 331
Okla. Stat. tit. 82, § 82-1085.43 — OK Code / Title 82 / Section 82-1085.43
Application of subsection 1085.33 to 1085.42
Status: in_force

In no event shall the provisions of Sections 1085.33 through

1085.39 of Title 82 of the Oklahoma Statutes and Sections 9, 10 and

11 of this act supercede or interfere with the statutory

responsibilities or jurisdiction of any other state agency, board or

commission.
Okla. Stat. tit. 82, § 82-105.23 — OK Code / Title 82 / Section 82-105.23
Use of water for other purposes
Status: in_force

Any appropriator of water including but not limited to one who

uses water for irrigation, may use the same for other than the

purposes for which it was appropriated, or may change the place of

diversion, storage or use, in the manner and under the conditions

prescribed for the transfer of the right to use water for irrigation

purposes in Section 105.22 of this title.
Okla. Stat. tit. 82, § 82-1085.2A — OK Code / Title 82 / Section 82-1085.2A
Temporary employees
Status: in_force

A. For the purposes of the Oklahoma Water Resources Board,

seasonal employees employed by the Board who work less than nine

hundred ninety-nine (999) hours in a twelve-month period shall be

considered temporary employees and shall be unclassified. The Board

may employ seasonal employees throughout the calendar year.

B. The Board, in its annual budget request, shall include a

summary of the use of project labor, which shall include the number

of workers employed under the provisions of this section and the

total wages paid to these employees.
Okla. Stat. tit. 82, § 82-645 — OK Code / Title 82 / Section 82-645
Use of surplus funds
Status: in_force

Any surplus funds in the treasury of the district may be used

for retiring bonds, reducing loans or obligations, reducing the rate

Oklahoma Statutes - Title 82. Waters and Water Rights Page 117

of assessments or for the accomplishing of any other of the

legitimate objects of this district.
Okla. Stat. tit. 82, § 82-1086.4 — OK Code / Title 82 / Section 82-1086.4
Open meetings
Status: in_force

All meetings of the Water Resources Board shall be open public

meetings and all records shall be public records, except when

considering personnel.
Okla. Stat. tit. 82, § 82-896.3 — OK Code / Title 82 / Section 82-896.3
Powers and duties for purposes of the Scenic Rivers Act
Status: in_force

For purposes of the Scenic Rivers Act, the Grand River Dam

Authority shall have additional powers and duties to:

1. Prepare, adopt and publish management plans and other

documents to guide public and private activities and programs;

2. Consider and comment on public and private practices and

proposed actions that may affect a scenic river;

3. Recommend standards for local government agencies whose

political boundaries include all or part of a scenic river;

4. Own and control public access points for scenic rivers, and

purchase easements and fee title to land along the scenic rivers for

public purposes which are to be held by the Authority as an agency

of the State of Oklahoma; and

5. Identify public and private nuisances that adversely affect

a scenic river and take lawful action to abate nuisances.
Okla. Stat. tit. 82, § 82-1501-204 — OK Code / Title 82 / Section 82-1501-204
Renumbered as § 3-2-105 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1275 — OK Code / Title 82 / Section 82-1275
Rates and charges - Disposition of revenues
Status: in_force

A. Districts formed pursuant to this act shall be operated

without profit, but the rates, revenues, fees, rents or other

charges for water or sewage services or facilities, supplies,

equipment or other services furnished by the water district shall be

sufficient at all times:

1. To pay all operating and maintenance expenses necessary or

desirable for the prudent conduct of its affairs and the principal

of and interest on the obligations issued or assumed by the district

in the performance of the purposes for which it was organized; and

2. For the creation of adequate reserves.

B. The revenues of the district shall be devoted, first, to the

payment of operating and maintenance expenses and the principal and

interest on outstanding current obligations, and, thereafter, to

such reserves for additional improvements, new construction,

depreciation and contingencies as the board of directors may from

time to time prescribe.

C. Revenues not required for the purposes set forth in

subsection B of this section shall be returned from time to time to

the customers or public agency members of the district on a pro rata

basis, according to the amount of business done with each customer

or public agency member during the period for which such return is

made, either in cash, in abatement of current charges for water, or

otherwise as the board determines; such return may be made by way of

a general rate reduction to customers or public agency members if

the board so elects.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 306
Okla. Stat. tit. 82, § 82-277 — OK Code / Title 82 / Section 82-277
Short title
Status: in_force

Sections 1 through 25 of this act shall be known and may be

cited as the "Oklahoma Irrigation District Act".
Okla. Stat. tit. 82, § 82-1501-701 — OK Code / Title 82 / Section 82-1501-701
Renumbered as § 3-3-405 of Title 27A by Laws 1993, c
Status: in_force

324, § 56, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1085.3 — OK Code / Title 82 / Section 82-1085.3
State to be divided into water districts
Status: in_force

The Oklahoma Water Resources Board shall, from time to time as

may be necessary for the economical and satisfactory apportionment

of the water, divide the state in conformity with the drainage

areas, into water districts to be designated by name and to

comprise, as far as possible, one or more distinct stream systems in

each district. The districts may be changed from time to time as

may in its opinion be necessary for the economical and satisfactory

apportionment of the water.
Okla. Stat. tit. 82, § 82-1501-604 — OK Code / Title 82 / Section 82-1501-604
Renumbered as § 3-3-109 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1085.14 — OK Code / Title 82 / Section 82-1085.14
Continuing study of water laws - Recommendations and
Status: in_force

proposals.

In addition to its other powers, the Oklahoma Water Resources

Board is authorized and directed, within the limits of funds

available to it, to engage in a continuing study of the water laws

of this state, and of changes therein required in order to carry out

to the greatest practicable extent the policies, goals, objectives

and recommendations contained in the "Oklahoma Comprehensive Water

Plan" and to make recommendations and prepare proposed legislation

for such purposes. Such recommendations and proposed legislation

shall, as they are completed, be filed with the President Pro

Tempore of the Senate and the Speaker of the House of

Representatives.
Okla. Stat. tit. 82, § 82-1087.8 — OK Code / Title 82 / Section 82-1087.8
Exemptions
Status: in_force

The Board, to the extent it deems practical, shall provide by

regulation for exempting from the license and permit requirements of

this act:

1. Research and development and experiments by state and

federal agencies and institutions of higher learning;

2. Laboratory research and experiments;

3. Activities normally engaged in for purposes other than those

of inducing, increasing, decreasing or preventing precipitation; and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 272

4. Religious ceremonies, rites or acts and American Indian or

other cultural ceremonies which do not utilize chemical or

mechanical means to alter weather phenomena and which are not

performed for profit.
Okla. Stat. tit. 82, § 82-1020.19 — OK Code / Title 82 / Section 82-1020.19
Metering of wells
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 204

Upon request of a majority of the landowners residing within a

basin or subbasin, the Board is authorized to require that water

wells be metered and that such meters as the Board shall approve be

utilized by the applicant and placed under seal, subject to reading

by the agents of the Board at any time. The Board may also require

that the applicant report the reading of such meters at reasonable

intervals.
Okla. Stat. tit. 82, § 82-567 — OK Code / Title 82 / Section 82-567
Entry upon lands for surveys and examinations
Status: in_force

The board of directors of any district organized under this act,

or their employees or agents, including the contractors and their

employees, and the members of the Board of appraisers and their

assistants, may enter upon lands within or without the district in

order to make surveys and examinations to accomplish the necessary

preliminary purposes of the district, or to have access to the work,

the district being liable, however, for actual damages done, but no

unnecessary damage shall be done.
Okla. Stat. tit. 82, § 82-1129 — OK Code / Title 82 / Section 82-1129
Segregation and use of proceeds from bond sales -
Status: in_force

Construction contracts.

The proceeds to be derived from the sale of bonds herein

authorized shall be segregated and used solely for the purpose for

which the bonds are authorized. The board of directors of a port

Oklahoma Statutes - Title 82. Waters and Water Rights Page 294

authority is authorized to make any contracts and execute all

instruments which in its discretion may be deemed necessary or

advisable to provide for the construction, furnishing and equipping

of any building or facility as herein defined.
Okla. Stat. tit. 82, § 82-1085.76 — OK Code / Title 82 / Section 82-1085.76
Eligibility and priority of entities for drinking
Status: in_force

water treatment projects - Rules.

The Environmental Quality Board shall prescribe such rules as

may be necessary for determining the eligibility and priority of

entities for drinking water treatment projects in order to receive

Oklahoma Statutes - Title 82. Waters and Water Rights Page 256

loans made pursuant to the federal Safe Drinking Water Act and from

the Drinking Water Treatment Revolving Loan Account. At a minimum,

such rules shall:

1. Ensure the fair and equitable prioritization of entities

eligible for loans made pursuant to the provisions of this act;

2. Be in conformance with applicable provisions of the Oklahoma

Environmental Quality Code and the federal Safe Drinking Water Act;

3. Require that to be approved, an applicant needs or will need

the drinking water treatment project loan to comply with rules

adopted by the Environmental Quality Board pursuant to the Oklahoma

Environmental Quality Code; and

4. Require the drinking water treatment project to:

a. comply with minimum standards and requirements of the

federal Safe Drinking Water Act or any similar or

successor statute,

b. meet the Department's rules for drinking water and

established environmental review criteria as provided

for by applicable federal law, and

c. meet any other consideration deemed necessary by the

Department.
Okla. Stat. tit. 82, § 82-1020.1 — OK Code / Title 82 / Section 82-1020.1
Definitions
Status: in_force

As used in Section 1020.1 et seq. of this title:

1. "Groundwater" means fresh water and marginal water under the

surface of the earth regardless of the geologic structure in which

it is standing or moving outside the cut bank of any definite

stream;

2. "Domestic use" means the use of water by a natural

individual or by a family or household for household purposes, for

farm and domestic animals up to the normal grazing capacity of the

land and for the irrigation of land not exceeding a total of three

(3) acres in area for the growing of gardens, orchards and lawns,

and for such other purposes, specified by Board rules, for which de

minimis amounts are used;

3. "Major groundwater basin" shall mean a distinct underground

body of water overlain by contiguous land and having substantially

the same geological and hydrological characteristics and from which

groundwater wells yield at least fifty (50) gallons per minute on

the average basinwide if from a bedrock aquifer and at least one

hundred fifty (150) gallons per minute on the average basinwide if

from an alluvium or alluvium and terrace aquifer, or as otherwise

designated by the Board;

4. "Subbasin" means a subdivision of a major or minor

groundwater basin overlain by contiguous land and having

substantially the same geological and hydrological characteristics

and yield capabilities;

5. "Board" means the Oklahoma Water Resources Board;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 182

6. "Person" means any individual, firm, partnership,

association, corporation, business trust, federal agency, state

agency, the state or any political subdivision thereof,

municipalities, and any other legal entities;

7. "Fresh water" means water which has less than five thousand

(5,000) parts per million total dissolved solids. For the purpose

of Section 1020.1 et seq. of this title all other water is salt

water;

8. "Commercial drilling", "commercial plugging" and "commercial

installation" mean drilling or plugging and installation as a

business, trade or occupation for compensation;

9. "Minor groundwater basin" means a distinct underground body

of water overlain by contiguous land and having substantially the

same geological and hydrological characteristics and which is not a

major groundwater basin; and

10. "Marginal water" means water which has at least five

thousand (5,000) and less than ten thousand (10,000) parts per

million total dissolved solids.
Okla. Stat. tit. 82, § 82-1324.30 — OK Code / Title 82 / Section 82-1324.30
Definitions
Status: in_force

As used in Sections 1 through 6 of this act:

1. "Corporation" means a not-for-profit corporation organized:

a. pursuant to the provisons of the Oklahoma General Corporation Act

for a purpose not involving pecuniary gain to its shareholders or

members, paying no dividends or other pecuniary remuneration,

directly or indirectly, to its shareholders or members as such and

having no capital stock, and

b. for the purpose of developing and providing

rural water supplies to serve rural residents; and

2. "District" means a public nonprofit water district created

pursuant to the Rural Water, Sewer, Gas and Solid Waste Management

Districts Act.
Okla. Stat. tit. 82, § 82-1085.7 — OK Code / Title 82 / Section 82-1085.7
Oklahoma Water Resources Board Fee Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Water Resources Board to be designated the

"Oklahoma Water Resources Board Fee Revolving Fund". The fund shall

be a continuing fund for direct and indirect costs of enforcement

and administration of the water duties of the Oklahoma Water

Resources Board. The fund shall be a continuing fund, not subject

to fiscal year limitations and shall consist of all monies collected

by the Oklahoma Water Resources Board for water-related fees. All

monies accruing to the credit of the fund are hereby appropriated

and may be budgeted for the purpose of duties imposed upon the

Oklahoma Water Resources Board.
Okla. Stat. tit. 82, § 82-1501-205 — OK Code / Title 82 / Section 82-1501-205
Renumbered as § 3-2-106 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1501-507 — OK Code / Title 82 / Section 82-1501-507
Renumbered as § 3-3-404 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1085.29 — OK Code / Title 82 / Section 82-1085.29
Federal Clean Water Act Program - Official state
Status: in_force

agency.

The Oklahoma Water Resources Board is hereby designated as the

state agency to administer, receive, and manage all programs and

funds associated with Section 314 or other applicable sections of

the Federal Clean Water Act or other subsequent state and federal

clean lakes programs having the purposes of assessing, monitoring,

studying and restoring Oklahoma lakes, provided such funds from

Federal Clean Water Act sources are administered and disbursed by

the Office of the Secretary of Environment. In conducting the clean

lakes program, the Board shall employ a cooperative agreement with

the Conservation Commission with regard to lake watersheds. The

Conservation Commission may cooperate with the Oklahoma Water

Resources Board in providing land use inventory/assessment and

stream monitoring portion of the clean lakes program. The Water

Resources Board may enter into cooperative agreements with other

federal, state and local agencies as necessary. Any Phase II Clean

Lakes projects which require watershed implementation of nonpoint

source pollution control practices shall be carried out by the

Conservation Commission.
Okla. Stat. tit. 82, § 82-1630 — OK Code / Title 82 / Section 82-1630
Assessment on property within district - Exemptions
Status: in_force

Any county in which a drainage district was organized and is

continuing operations pursuant to statutes enacted prior to the

effective date of this section shall be authorized to impose an

assessment upon real or personal property located within the

boundary of the district as such district was organized upon the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 402

effective date of this section for the same purpose, based upon the

assessed value of the property as determined by the current

assessment roll of the county assessor in the county where the

property is located. Properties that are exempt from ad valorem

taxation are exempt from the assessment referred to within this

section.
Okla. Stat. tit. 82, § 82-1085.59 — OK Code / Title 82 / Section 82-1085.59
Investment certificates - Review and approval of
Status: in_force

issuance.

An investment certificate shall not be issued under Sections

1085.31 through 1085.39 of this title or pursuant to the provisions

of the Clean Water State Revolving Fund Program unless the issuance

has been reviewed and approved pursuant to the Oklahoma Bond

Oversight and Reform Act.
Okla. Stat. tit. 82, § 82-1085.39 — OK Code / Title 82 / Section 82-1085.39
Grants - Grant account - Rules and regulations -
Status: in_force

Disposition of investment income - Legal counsel.

In furtherance of the purposes of Sections 1085.31 through

1085.49 of this title:

1. The Oklahoma Water Resources Board shall administer grants

from any monies which may be available to the Water Resources Fund

for furtherance of the purposes of Sections 1085.31 through 1085.49

of this title to eligible entities of the state with such conditions

as shall in its discretion effectuate these purposes. For purposes

of carrying out and implementing the provisions of this section,

there is hereby created and established within the Water Resources

Fund a grant account which shall contain such monies as may be

available for purposes of carrying out the provisions of this

section. No more than ten percent (10%) of such grants shall be

used for planning purposes. All such eligible entities are hereby

authorized to accept grants from the Board. No grant shall be made

to any single eligible entity during any fiscal year in an amount

exceeding twenty percent (20%) of the funds available for grants to

eligible entities during that fiscal year nor shall such grant

exceed Three Hundred Thousand Dollars ($300,000.00). In the case of

projects to which more than one eligible entity is a party, no such

grant shall be made exceeding in amount twenty percent (20%) of

funds available for such purposes per participating eligible entity

nor shall such grant exceed Three Hundred Thousand Dollars

($300,000.00) per participating entity. In making such grants, the

Board shall consider: The needs of the area to be served by the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 233

project and the benefit of the project to the area in relation to

the needs of other areas requiring state assistance; the

availability of revenue to the political subdivision, from all

sources, for the ultimate repayment of the cost of the project,

including interest; whether the political subdivision can reasonably

finance the project without assistance from the state; and the

relationship of the project to the overall statewide water and

sewage treatment needs; and whether or not the applicant has taken

all reasonable measures to limit waste and conserve water;

2. The Board shall prescribe such rules and regulations as may

be necessary for determining the eligibility and priority of

applicants for loans and grants and devise rules and regulations to

insure fair and equitable distribution of said loans and grants; and

promulgate and adopt such rules and regulations as may be necessary

for purposes of expenditures and payments. Provided, no grant of

funds shall be made unless such grant is necessary to assist public

bodies in emergency situations. Provided also priorities for use of

loan and grant money for a particular project shall be established

by the state agency with primary responsibility. Provided further,

that the Board shall not adopt any rule, regulation or condition

requiring that a particular attorney or law firm be employed by any

eligible entity in connection with such entity's grants or loans

from the Board; and

3. The Board is hereby authorized to direct that up to fifty

percent (50%) of the interest income from the investment of monies

in the Statewide Water Development Revolving Fund and the Water

Resources Fund Grant Account accruing from and after the date of

this act be deposited in the Statewide Water Development Revolving

Fund created under Section 1085.40 of this title.

The Board may adopt reasonable nondiscriminatory standards for

selection of legal counsel.