Okla. Stat. tit. 82, § 82-862 — OK Code / Title 82 / Section 82-862
Powers, rights and privileges of district
Status: in_force

The district shall have and is hereby authorized to exercise the

following powers, rights and privileges:

1. To control, store and preserve, within the boundaries of the

district, the waters of Grand River and its tributaries, for any

useful purpose, and to use, distribute and sell the same within the

boundaries of the district; provided, however, that any municipal

corporation within the area included within the jurisdiction of the

Grand River Dam Authority shall be entitled to take water from the

Grand River and any of its tributaries in any quantities that may be

needed by such municipal corporation;

2. To develop and generate water power, electric power and

electric energy, from whatever source, within the boundaries of the

district; to acquire coal or other minerals to be used for the

purposes of providing energy sources for electrical generating

Oklahoma Statutes - Title 82. Waters and Water Rights Page 139

plants; to acquire or lease any and all railroad connections,

equipment, rolling stock, trackage and otherwise, necessary to the

transporting of coal and other minerals to generating plant sites

within the district; and to buy, sell, resell, interchange and

distribute electric power and energy in order to carry forward the

business and functions of the district now or hereafter authorized

by law and may enter into contracts for such purposes, such

contracts to run for a period of not to exceed fifty (50) years

except those contracts provided for in paragraphs 6 and 7 of this

section. All contracts may contain such reasonable provisions,

limitations, qualifications, protective clauses and rights and

obligations of purchase and sale, and such provisions for the

dedication of the use of facilities and the construction of

additional facilities to serve the load requirements of all the

parties as may be deemed advisable by the district to safeguard the

business and properties of all the parties to such contracts, all

within the limits of sound business judgment and practice, good

conscience, and not contrary to the public policy of the state. The

district is further authorized to participate in the Southwest Power

Pool Integrated Marketplace or any other program established by a

Federal Energy Regulatory Commission authorized Regional

Transmission Organization in which the district is a member and to

engage in the buying and selling of electricity products, fuel

commodities, and financial instruments as deemed necessary and

prudent by the district and specifically excludes any expansion of

retail activities of the district. The Board of Directors shall

adopt a hedging policy to enable the district to take advantage of

standard market products to reduce risk while preventing speculative

trading and potential abuses;

3. To prevent or aid in the prevention of damage to person or

property from the waters of the Grand River and its tributaries;

4. To forest and reforest and to aid in the foresting and

reforesting of the watershed area of the Grand River and its

tributaries and to prevent and to aid in the prevention of soil

erosion and floods within the watershed area;

5. To acquire by purchase, lease, gift, or in any other manner,

and to maintain, use and operate or to contract for the maintenance,

use and operation of any and all property of any kind, real,

personal, or mixed, or any interest therein, including trucks of any

size or weight and passenger vehicles and to own, construct, operate

and maintain any project or works in conjunction or jointly with, as

tenants in common, any public or private corporation duly authorized

and qualified to do business within this state including, but not

limited to, rural electric cooperatives of the State of Oklahoma or

the United States of America, or any department, subdivision or

agency of the State of Oklahoma or the United States of America, or

with any "public agency" as defined under the Interlocal Cooperation

Oklahoma Statutes - Title 82. Waters and Water Rights Page 140

Act, within or without the boundaries of the district, necessary,

incidental or convenient to the exercise of the powers, rights,

privileges and functions conferred upon it by the Grand River Dam

Authority Act;

6. In addition to any other powers conferred, the district

shall have power and authority to participate and enter into

agreements with any public or private corporation duly authorized

and qualified to do business within the State of Oklahoma including,

but not limited to, rural electric cooperatives, the state or the

United States of America or any department, subdivision or agency of

the state or the United States of America, or with any "public

agency" as defined under the Interlocal Cooperation Act, for the

purpose of planning, acquiring, financing, owning, operating and

maintaining an undivided ownership of any electric generating plant

or plants or any facilities of every kind necessary, incidental or

convenient for the production, generation and transmission of

electric power and energy including, but not limited to, any and all

related transmission facilities, which shall be used as common

facilities. The agreements shall provide that the district and any

participants therein shall have the incidents of tenant in common to

any plant or facility. It shall also be provided in the agreements

that the district and any participant in the project shall own a

percentage of any common facility equal to the percentage of the

money furnished or the value of property supplied by it for the

acquisition and construction thereof and shall own a like percentage

of the electrical output thereof.

Each participant shall defray its own interest payments and

other payments required to be made or deposited in connection with

any financing undertaken by it to pay its percentage of the money

furnished or value of property supplied by it for the planning,

acquisition and construction of any common facility, or any

additions or betterments thereto. The agreement shall further

provide a uniform method of determining and allocating operation and

maintenance expenses of the common facility.

In carrying out the powers granted in this section, the district

and each participant shall be severally liable only for its own acts

and not jointly or severally liable for the acts, omissions or

obligations of others. No money or property supplied by the

district or any participant for the planning, financing, acquiring,

constructing, operating or maintaining of any common plant or

facility shall be credited or otherwise applied to the account of

any other participant therein, nor shall the undivided share of the

district or any participant therein be charged, directly or

indirectly, with any debt or obligation of any other participant or

be subject to any lien as a result thereof. No action in connection

with a common facility shall be binding upon the district except as

Oklahoma Statutes - Title 82. Waters and Water Rights Page 141

expressly authorized and provided for in the participation

agreement;

7. In addition to the powers conferred in paragraph 6 of this

section, the district shall have power and authority to participate

and enter into agreements with any public or private corporation

duly authorized and qualified to do business within this state

including, but not limited to, rural electric cooperatives, the

State of Oklahoma or the United States of America or any department,

subdivision or agency of the State of Oklahoma or the United States

of America, or with any "public agency" as defined under the

Interlocal Cooperation Act, for the purpose of planning, acquiring,

financing, owning, operating and maintaining undivided ownership

interests in any electric generating plant or plants or any other

facilities of every kind necessary, incidental or convenient for the

production, generation and transmission of electric power and energy

including, but not limited to, any and all related transmission or

other facilities which are to be used as common facilities and to

cooperate with other state agencies and public trusts to promote

economic development in the state and to assist in attracting

industry to the state. Such undivided ownership interests may be

created by an agreement entered into with respect to property to be

acquired by the district. Any such agreement may be a sale

agreement, with the purchase price payable at one time or in

installments at such time and over such period as shall be agreed to

by the parties thereto, a lease agreement, with a nominal purchase

option, or any other type of agreement. In addition to the purchase

price, the district shall be fully indemnified as to operation,

maintenance, administrative and other expenses incurred with respect

to such undivided interest. The district is hereby authorized to

enter into any such agreement in order to sell, lease or otherwise

convey undivided ownership interests in any such property. Any such

agreement shall specify the undivided interest to be owned or

acquired by each of the participants, provide for a waiver of

partition, prescribe the time of vesting of such interest and the

amount of electrical output to be owned and controlled by any

participant.

Each participant shall defray its own interest and other

payments required to be made or deposited in connection with any

financing undertaken by it to pay its percentage of the money

furnished or value of property supplied by it for the planning,

acquisition and construction of any common facility, or any

additions or betterments thereto. The agreement shall provide a

uniform method of determining and allocating operation and

maintenance expenses of the common facility.

In carrying out the powers granted in this section, the district

and each participant shall be severally liable only for its own acts

and not jointly or severally liable for the acts, omissions or

Oklahoma Statutes - Title 82. Waters and Water Rights Page 142

obligations of others. No money or property supplied by the

district or any participant for the planning, financing, acquiring,

constructing, operating or maintaining of any common plant or

facility shall be credited or otherwise applied to the account of

any other participant therein, nor shall the undivided share of the

district or any participant therein be charged, directly or

indirectly, with any debt or obligation of any other participant or

be subject to any lien as a result thereof. No action in connection

with a common facility shall be binding upon the district except as

expressly authorized and provided for in the participation

agreement;

8. To acquire by condemnation any and all property of any kind,

real, personal, or mixed, or any interest therein, within or without

the boundaries of the district, necessary, incidental or convenient

to the exercise of the powers, rights, privileges and functions

conferred upon it by the Grand River Dam Authority Act, in the

manner provided by general law with respect to condemnation;

provided that nothing in the Grand River Dam Authority Act shall

ever be construed to authorize the district to acquire by

condemnation any privately, municipally or publicly owned electric

public utility system or any part thereof outside of the high-water

mark of a reservoir area or outside a properly located damsite,

except the districts may require the relocation of transmission

lines and substations so owned where such relocation is necessary

for the construction and maintenance of dams, reservoirs, levees,

spillways and floodways, and in such event just compensation shall

be paid. Provided that the Grand River Dam Authority shall have the

right to cross transmission lines of other electric utility

companies under proper engineering standards of construction as

approved by the Corporation Commission;

9. Subject to the provisions of the Grand River Dam Authority

Act, from time to time sell, which shall include, but not be limited

to, an installment sale agreement, lease with nominal purchase

options, or otherwise dispose of any property of any kind, real,

personal or mixed, or any interest therein, which shall not be

necessary to the carrying on of the business of the district;

10. To overflow and inundate any public lands and public

property and to require the relocation of roads and highways in the

manner and to the extent necessary to carry out the purposes of the

Grand River Dam Authority Act; provided, that the district shall be

liable in damages to the State of Oklahoma or any subdivision

thereof for any injury occasioned or expense incurred by reason

thereof;

11. To construct, extend, improve, maintain and reconstruct, to

cause to be constructed, extended, improved, maintained and

reconstructed, and to use and operate any and all facilities of any

Oklahoma Statutes - Title 82. Waters and Water Rights Page 143

kind necessary, incidental or convenient to the exercise of such

powers, rights, privileges and functions;

12. To sue and be sued in its corporate name in contracts,

reverse condemnation, tort, equity, mandamus and similar actions and

in its own name plead and be impleaded, provided, however, that any

and all actions of law or in an equity against the district shall be

brought in the county in which the principal office of the district

shall be located or in the county where the cause of action arose;

13. To adopt, use and alter a corporate seal;

14. To make bylaws for the management and regulation of its

affairs;

15. To appoint officers, agents and employees, to prescribe

their duties and to fix their compensation; and enter into contracts

with labor unions, provided, that contracts with labor unions shall

not abrogate the rights of the district to cooperate and carry out

Veterans on the Job Training;

16. To make contracts and to execute instruments necessary,

incidental or convenient to the exercise of the powers, rights,

privileges and functions conferred upon it by the Grand River Dam

Authority Act;

17. To borrow money for its corporate purposes and, without

limitation of the generality of the foregoing, to borrow money and

accept grants from the United States of America, or from any

corporation or agency created or designated by the United States of

America, and, in connection with any such loan or grant, to enter

into such agreements as the United States of America or such

corporation or agency may require; and to make and issue its bonds,

notes, loans, commercial paper, and credit or liquidity support for

money borrowed, in the manner provided in the Grand River Dam

Authority Act. Nothing in the Grand River Dam Authority Act shall

authorize the issuance of any bonds, notes or other evidences of

indebtedness of the district, except as specifically provided in the

Grand River Dam Authority Act;

18. To prescribe and enforce rules for the use for recreational

and commercial purposes of the lakes created by the district by

impounding the waters of the lakes, and the shorelands of the

district bordering thereon, including the use of firearms, the

inspection of all boats of every character proposing to operate or

operating on the lakes, the issuance of permits for the operation of

boats, surfboards, aquaplanes, sea-skis or similar devices on the

lakes for hire; the charging and collection of fees for the

inspection or operation of such boats, surfboards, aquaplanes, sea-

skis or other similar devices on the lakes for hire; preventing the

launching or operation of any commercial or for-hire boat,

surfboard, aquaplane, sea-ski or similar device for hire, on the

waters of the lakes, without a certificate of inspection and a

permit for such use; prescribing the type, style, location and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 144

equipment of all wharves, docks and anchorages along the shores and

upon the water of the lakes; the issuance of permits for wharfage,

dock or anchorage privileges and charging fees for such commercial

or private permits; and the establishment and maintenance of public

wharves, docks or anchorages and the charging and collection of fees

for the use thereof by the public; to appoint or employ such

persons, including CLEET-certified volunteer reserve officers, as

the district may deem proper and suitable for the purpose of

enforcing such rules and regulations as may be issued hereunder, or

as may be issued pursuant to the provisions of the Oklahoma Boating

Safety Regulation Act, and for the enforcing of the provisions of

the Grand River Dam Authority Act, and all violations of criminal

laws occurring within the boundaries of the counties where real

property owned or leased by the Grand River Dam Authority is

located, which employees shall have the power of peace officers

during the performance of those duties, except in the serving or

execution of civil process.

Any municipal, county or state law enforcement officer employed

by the Grand River Dam Authority to serve as a part-time or seasonal

commissioned peace officer shall be exempt from the restrictions on

dual office holding as provided for in paragraph 16 of subsection A

of Section 6 of Title 51 of the Oklahoma Statutes;

19. To do any and all other acts or things necessary,

incidental or convenient to the exercise of the powers, rights,

privileges or functions conferred upon it by the Grand River Dam

Authority Act or any other act or law. Provided the district shall

be liable for damage caused by the district, its agents, servants

and employees in creating, constructing, maintaining or operating

the district to any corporation, partnership, person or individual

whose property, either real or personal, within or without said

district, has been damaged and the damages may be determined by

appropriate action as provided by law. Nothing in the Grand River

Dam Authority Act shall be construed as rendering the district

liable for damage where it is not liable on general principles of

law or statute or Constitutional provision.

Provided, however, that in the course of exercising its powers

as herein enumerated, the district shall at all times consider the

rights and needs of the people living within and upon the land lying

within the watershed of the rivers or streams developed by the

district; provided, however, that nothing herein shall prevent the

district from selling for irrigation purposes within the boundaries

of the district any water impounded by it under authority of law,

provided that nothing herein contained shall authorize the state to

engage in agriculture except for educational and scientific purposes

and for the support of its penal, charitable, and educational

institutions;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 145

20. To support and assist the efforts of state, regional and

local development organizations, political subdivisions, industrial

committees, chambers of commerce, tourism organizations,

agricultural organizations, environmental organizations, educational

institutions and other similar public and private agencies to obtain

new and foster expansion of existing service, industrial and

manufacturing facilities, businesses and enterprises to enhance the

quality of life for the citizens of the district and the state.

Provided, support and assistance shall be limited to an amount not

to exceed a total of Twenty-five Thousand Dollars ($25,000.00) per

year for one or more projects or efforts that are for the benefit of

or impact the quality of life for each city or community located

within the boundaries of the district; and

21. Notwithstanding any other provision of law, the Chief

Executive Officer, department heads and other essential employees of

the district, as designated by the Chief Executive Officer, may be

permitted to use a district owned vehicle to provide transportation

between the employee's residence and the assigned place of

employment and between the residence and any location other than the

assigned place of employment to which the employee travels in the

performance of the employee's official duty.
Okla. Stat. tit. 82, § 82-1801.4 — OK Code / Title 82 / Section 82-1801.4
Funding – Voluntary Participation Account
Status: in_force

A. Funding to administer the provisions of the Oklahoma Weather

Modification Act shall be provided by an appropriation of up to One

Million Dollars ($1,000,000.00) made pursuant to law. In addition,

voluntary participation by insurance companies and other interested

persons, firms or corporations to reach a goal of Two Million

Dollars ($2,000,000.00) for a total of Three Million Dollars

($3,000,000.00) for the first year of the program. Goals for

Oklahoma Statutes - Title 82. Waters and Water Rights Page 403

successive years will be Three Million Dollars ($3,000,000.00) from

the insurance companies and other interested parties. Voluntary

assessments for insurance companies pursuant to this section shall

be based on the amount of insurance premiums written in this state

on property insurance, as defined in Section 704 of Title 36 of the

Oklahoma Statutes, and casualty insurance as defined in Section 707

of Title 36 of the Oklahoma Statutes, excluding accident and health

insurance, workers' compensation insurance, burglary and theft

insurance, leakage and fire extinguishing equipment insurance,

credit insurance, malpractice insurance, and entertainments

insurance.

B. Funding assessments to the insurance companies related to

the provisions of this section shall be administered by the State

Insurance Department. The Insurance Department shall be authorized

to employ one additional full-time employee to perform these duties,

funding for which shall be provided by proceeds derived from the

provisions of this act. The State Insurance Department is hereby

authorized to promulgate rules necessary to implement the provisions

of this section.

C. There is hereby created an account within the Oklahoma

Weather Modification Revolving Fund created pursuant to Section

1085.6 of this title. The account shall be designated as the

"Voluntary Participation Account" and shall consist of all monies

received on behalf of the Oklahoma Weather Modification program

pursuant to this act. All monies accruing to the credit of the

account are hereby appropriated and may be budgeted and expended by

the Oklahoma Weather Modification Advisory Board for expenses

relating to administration, duties, operations, maintenance, special

projects and acquisitions for the Weather Modification Program.

Expenditures from the account shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 82, § 82-1501-415 — OK Code / Title 82 / Section 82-1501-415
Renumbered as § 3-3-201 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1610 — OK Code / Title 82 / Section 82-1610
Promulgation of floodplain management rules - Procedure
Status: in_force

A. Floodplain management rules enacted pursuant to the Oklahoma

Floodplain Management Act shall only be promulgated by the Oklahoma

Water Resources Board in accordance with the Administrative

Procedures Act.

B. Floodplain management regulations adopted pursuant to the

Oklahoma Floodplain Management Act and any amendments to the

regulations shall go into effect thirty (30) days after adoption

unless the regulation or amendment specifies a later date; provided,

that no floodplain management regulation or amendment thereto shall

be in force unless published in a newspaper of general circulation

regularly published nearest the area of jurisdiction within fifteen

(15) days after adoption.

C. At least thirty (30) days prior to the date of adoption of a

regulation or amendment thereto, written notice shall be furnished

to the Oklahoma Water Resources Board, accompanied by a copy of each

proposed regulation or amendment.

D. A certified copy of any regulation or amendment thereto

adopted by a floodplain board pursuant to the Oklahoma Floodplain

Management Act shall be filed with the Oklahoma Water Resources

Board within fifteen (15) days after adoption.
Okla. Stat. tit. 82, § 82-1501-509 — OK Code / Title 82 / Section 82-1501-509
Renumbered as § 3-3-403 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1501-420 — OK Code / Title 82 / Section 82-1501-420
Renumbered as § 3-3-104 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1087.18 — OK Code / Title 82 / Section 82-1087.18
Revocation or suspension of licenses or permits -
Status: in_force

Modification of permits.

A. Under the provisions of the Administrative Procedures Act,

the Board may suspend, revoke or refuse to renew any license or

permit issued by it if the applicant no longer qualifies for such

license or permit under the provisions of this act or if the

applicant has violated any provisions of this act.

B. The Board may modify the terms of a permit after issuance

thereof if the licensee is first given notice and a reasonable

opportunity for a hearing respecting the grounds for the proposed

modification and if it appears to the Board that it is necessary for

the protection of the health or the property of any person to make

the modification proposed.
Okla. Stat. tit. 82, § 82-105.28 — OK Code / Title 82 / Section 82-105.28
Measurement of water
Status: in_force

The standard of measurement of the flow of water shall be the

cubic foot per second of time; the standard measurement of the

volume of water shall be the acre foot, being the amount of water

upon an acre covered one foot deep, equivalent to forty-three

thousand five hundred sixty (43,560) cubic feet.
Okla. Stat. tit. 82, § 82-105.27 — OK Code / Title 82 / Section 82-105.27
Unsafe works to be changed - United States works not
Status: in_force

subject to inspection.

If the Board shall, in the course of its duties, find that any

works used for storage, diversion or carriage of water are unsafe

and a menace to life and property, it shall at once notify the owner

or his agent, specifying the changes necessary and allowing a

reasonable time for putting the works in safe condition. Upon the

request of any party, accompanied by the estimated cost of

inspection, the Board shall cause any alleged unsafe works to be

inspected. If they shall be found unsafe by the Board, the money

deposited by such party shall be refunded and the fees for

inspection shall be paid by the owner of such works; and, if not

paid by him within thirty (30) days after the decision of the Board,

shall be a lien against any property of such owner, to be recovered

by suit instituted by the district attorney of the county at the

request of the Board. The Board may, when necessary, inspect any

works for the storage, diversion or carriage of water and require

any changes necessary to secure their safety; and the fees for such

inspection shall be a lien on any property of the owner and shall be

subject to collection as provided herein; provided, that any works

constructed by the United States, or by its duly authorized

agencies, shall not be subject to such inspection while under the

supervision of officers of the United States. Provided, that liens

Oklahoma Statutes - Title 82. Waters and Water Rights Page 32

provided for in this section shall be superior in right to all

mortgages or other encumbrances, except ad valorem tax liens, placed

upon the land and the water appurtenant thereto or used in

connection therewith.
Okla. Stat. tit. 82, § 82-1088.1 — OK Code / Title 82 / Section 82-1088.1
Renumbered as § 1088.13 of this title by Laws 2012, c
Status: in_force

274, § 5, eff. Nov. 1, 2012.
Okla. Stat. tit. 82, § 82-1501-201 — OK Code / Title 82 / Section 82-1501-201
Renumbered as § 3-2-101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-644 — OK Code / Title 82 / Section 82-644
Duties of municipal officers as to assessments against
Status: in_force

municipality - Dissolution of district - Rights of bond holders.

Whenever assessments are made against a county, city, town or

township, it shall be the duty of the governing or taxing body of

said political subdivision, upon receipt of the order of the court

which established the district, confirming the appraisal of benefits

and assessments based thereon, to receive and file the said order,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 116

and to immediately take all the legal and necessary steps to collect

the same. It shall be the duty of the said governing or taxing body

or persons to levy and assess a tax by a uniform rate in addition to

all other taxes authorized, or limitations fixed, upon all the

taxable property within the political subdivision, to make out the

proper estimate, and fix the proper rate, and certify the same to

the county clerk and county treasurer of the county in which such

subdivision is, whose duty it shall be to receive same, certify the

same for collection to the treasurer of the county as other ad

valorem taxes, and his duty it shall be to collect the same for the

benefit of the conservancy district, all of said officers above

named being authorized and directed to take all the necessary steps

for the levying, collection and distribution of such tax.

Nothing in this section shall prevent the assessment of the real

estate or other property of corporations or persons situated within

such political subdivision, which may be subject to assessment for

special benefits to be received.

In the event of any dissolution or disincorporation of any

conservancy district organized pursuant to the provisions of this

act, such dissolution or disincorporation shall not affect the lien

of any assessment for benefits imposed pursuant to the provisions of

this act, or the liability of any land or lands in such district to

the levy of any future assessments for the purpose of paying the

principal and interest of any bonds issued hereunder, and that in

event of any failure on the part of the officers of any district to

qualify and act or in the event of any resignations or vacancies in

office, which shall prevent action by the said district or by its

proper officers, it shall be the duty of the county clerk and of all

officers charged in any manner with the duties of assessing, levying

and collecting for public purposes in any county, municipality,

political subdivision in which such lands shall be situated to do

and perform all acts which may be necessary and requisite to the

collection of any such assessment which may have been imposed and to

the levying, imposing and collecting of any assessment which it may

be necessary to make for the purpose of paying the principal and

interest on said bond.

Any holder of any bonds issued pursuant to the provisions of

this act or any person or officers being a party in interest may

either at law or in equity by suit, action or mandamus, enforce and

compel performance of the duties required by this act of any of the

officers or persons mentioned in this act.
Okla. Stat. tit. 82, § 82-1276 — OK Code / Title 82 / Section 82-1276
Annexation of additional territory
Status: in_force

Additional territory may be annexed to and embraced by a

district established and operating under this act by the addition of

new public agencies as members of the interlocal agreement, and

appropriate amendment and, without further review by any agency or

office, filing as required by Section 1005 of Title 74 of the

Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1020.17 — OK Code / Title 82 / Section 82-1020.17
Spacing rules
Status: in_force

The Board may promulgate rules under Article I of the

Administrative Procedures Act which establish a proper spacing of

wells which, in its judgment, is necessary to an orderly withdrawal

of water in relation to the allocation, by regular permits and

temporary permits, of water to the land overlying the basin or

subbasin. The Board shall conduct at least one public hearing at a

location within or in close proximity to each major basin or

subbasin before adopting rules establishing well spacing for such

basin or subbasin.
Okla. Stat. tit. 82, § 82-1501-205.2 — OK Code / Title 82 / Section 82-1501-205.2
Geographic Information Revolving Fund
Status: in_force

A. There is hereby created in the State Treasury a revolving

fund to be designated as the "Geographic Information Revolving

Fund", which shall be under the control and supervision of the

Oklahoma Conservation Commission, and subject to the recommendations

of the State Geographic Information Council.

B. The fund shall be a continuing fund not subject to fiscal

year limitations, and shall consist of all monies specifically

appropriated to the fund by the Legislature within the Oklahoma

Conservation Commission appropriation. The fund may obtain

additional monies through donation by any private entity, obtained

by grants or designated by any federal, state or local government

agency, as recommended by the State Geographic Information Council

and approved by the Executive Director of the Oklahoma Conservation

Commission, with specific intention for the purposes of carrying out

the duties of the Office of Geographic Information including, but

not limited to, the development and maintenance of base map

Geographic Information System (GIS) data layers.

C. Monies accruing to the fund may be expended by the

Conservation Commission for expenses associated with the Office of

Geographic Information.

D. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed with the Director

of the Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 82, § 82-1085.82 — OK Code / Title 82 / Section 82-1085.82
Joint operating agreement between Department and
Status: in_force

Board.

In order to comply with the requirements of federal and state

laws, the Department of Environmental Quality and the Oklahoma Water

Resources Board shall enter into a written joint operating agreement

to carry out with efficiency their respective duties under this act.

At a minimum, the agreement shall provide for the following:

1. Joint procedures consistent with this act to establish

criteria for determining the interest rates on loans to be made from

the Drinking Water Treatment Revolving Loan Account. Such criteria

may incorporate applicable United States Environmental Protection

Agency and Rural Development Administration guidelines for financial

assistance; and

2. Submission of an annual joint report by the Department and

the Board to the Governor and to the Speaker of the House of

Representatives and the President Pro Tempore of the Senate within

one hundred twenty (120) days of the end of each fiscal year

concerning the Drinking Water Treatment Revolving Loan Account and

implementation of the provisions of this act. The report shall

contain information to show the actual use and the recipients of

loans made from the Drinking Water Treatment Revolving Loan Account.

In addition, the report shall contain five-year demand projections

on anticipated loan funds required and ten-year and twenty-year

projections as to possible funding needs for drinking water

treatment projects which may be eligible for financial assistance

pursuant to this act.
Okla. Stat. tit. 82, § 82-1087.14 — OK Code / Title 82 / Section 82-1087.14
Proof of financial responsibility
Status: in_force

Proof of financial responsibility shall be furnished by an

applicant by his showing, to the satisfaction of the director, his

ability to respond in damages for liability which might reasonably

be attached to or result from his weather modification and control

activities in connection with the operation for which he seeks a

permit.
Okla. Stat. tit. 82, § 82-1085.23 — OK Code / Title 82 / Section 82-1085.23
Water Conservation Storage Fund - Investment
Status: in_force

certificates.

There is hereby created in the State Treasury a Water

Conservation Storage Fund, which fund shall be used by the

Commission for those purposes authorized by this act. To provide

necessary funds the Commission is hereby authorized to issue

investment certificates from time to time, as may be required, to

provide an adequate amount of cash in such fund which may be

necessary to meet the anticipated needs of the Commission. The

Commission is authorized to provide for the payment of such

investment certificates and the rights of the holders thereof, as

hereinafter provided. Said investment certificates may be issued in

one or more series; may be sold in such manner and at par; may bear

such date or dates; may mature at such time or times, not to exceed

fifty (50) years from their date; may be in such denomination or

denominations; may be in such form either coupon or registered; may

carry such registration or conversion privileges; may be executed in

such manner; may be payable in such medium of payments, at such

place or places; may be subject to such term of redemption, with or

without premium; and may bear such rate or rates of interest as may

be provided by resolution or resolutions to be adopted by the

Commission. Such investment certificates shall have all of the

qualities and incidents of negotiable paper, and shall not be

subject to taxation by the State of Oklahoma, or by any county,

municipality or political subdivision therein. All investment

certificates maturing after ten (10) years from their dates shall be

subject to call and redemption, in inverse order of maturity and

investment certificate numbers, at par and accrued interest, the

detailed provisions for such call and redemption to be fixed by the

Commission in the resolution or resolutions authorizing the issuance

of said investment certificates.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 224

The investment certificates issued hereunder shall not be an

indebtedness of the State of Oklahoma or of the Commission herein,

but shall be special obligations payable solely from the revenues to

be derived from the sale of storage, and the Commission is

authorized and directed to pledge all or any part of such revenues

to the payment of principal and interest on the investment

certificates and to create a reserve for such purposes.
Okla. Stat. tit. 82, § 82-1085.96 — OK Code / Title 82 / Section 82-1085.96
Use of monies for security and collateral for
Status: in_force

investment certificates.

Monies appropriated to the Statewide Water Development Revolving

Fund for the purpose of flood hazard mitigation, in addition to such

purpose, may be used by the Oklahoma Water Resources Board for

security and collateral for investment certificates issued by the

Board pursuant to Section 16 of this act.
Okla. Stat. tit. 82, § 82-1085.48 — OK Code / Title 82 / Section 82-1085.48
Contingent effectiveness of Section 1085.44
Status: in_force

Section 1 of this act shall become effective contingent upon the

approval by the people of a constitutional amendment authorizing the

use of state monies for furnishing financial assistance to

municipalities, political subdivisions and such other public

entities of the state as may be designated by law as being eligible

for assistance for water resource and sewage treatment purposes.
Okla. Stat. tit. 82, § 82-1324.2 — OK Code / Title 82 / Section 82-1324.2
Definitions
Status: in_force

As used in this act unless the context clearly requires

otherwise:

1. "District" means a public nonprofit water district, a

nonprofit sewer district, a public nonprofit natural gas

distribution district or a nonprofit solid waste management district

or a district for the operation of all or a combination of

waterworks, sewage facilities, natural gas distribution facilities

and solid waste management systems, created pursuant to this act;

2. "Board" means the governing body of a district;

3. The terms "board of county commissioners" and "county clerk"

shall mean, respectively, the board of county commissioners and

county clerk of the county in which the greatest portion of the

territory of any proposed rural water district, rural sewer

Oklahoma Statutes - Title 82. Waters and Water Rights Page 316

district, rural natural gas distribution district or rural solid

waste management district is located;

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

a. pursuant to the provisions 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.

5. "Rural resident" means any natural person, firm,

partnership, association, corporation, business trust, federal

agency, state agency, state or political subdivision thereof,

municipality of ten thousand (10,000) persons or less, or any other

legal entity, owning or having an interest in lands within the rural

area located within the boundaries of the district;

6. "Rural area" means any area lying outside the corporate

limits of any municipal corporation and includes any areas of open

country, unincorporated communities, and, with the consent of the

governing body thereof by ordinance duly adopted, may include the

area within the corporate limits of any municipality having a

population of less than ten thousand (10,000) persons according to

the last decennial census, when said municipality is one of the

petitioners for creation of a district or for the annexation of

additional territory as provided by Section 1324.13 of this title;

provided, further, that when a water, sewer, natural gas or solid

waste management district is totally within the municipal city

limits of a city with ten thousand (10,000) population or less, the

board of directors of the sewer, natural gas, water or solid waste

management district shall be the governing body of the town.

Provided, further, that when a city or town with a population of ten

thousand (10,000) or less receives the majority of its water from a

rural water, natural gas, sewer or solid waste management district,

any resident of said city or town shall be eligible to serve on the

board of directors. Provided, further, that areas lying within the

corporate limits of any municipality having a population of more

than ten thousand (10,000) persons according to the last decennial

census may be included in a water, sewer, natural gas or solid waste

management district with the consent of the governing body by

ordinance duly adopted when such water, sewer, natural gas or solid

waste services are not and cannot be provided in a reasonable time

by other sources;

7. "Benefit unit" means a legal right to one service connection

to the district's facilities and to participate in the affairs of

the district;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 317

8. "Participating member" means any rural resident who has

subscribed to one or more benefit units;

9. "Sewage facilities" means the necessary facilities of

collection, transportation, storage, treatment or processing and

disposal or release of sewage;

10. "Solid waste management system" means the entire process of

collection, transportation, storage, processing and disposal of

solid wastes;

11. "Water works" means the necessary facilities from the

initial source to the place for consumer utilization, and includes

supply, storage, treatment, transportation and distribution;

12. "Solid waste" means all putrescible and nonputrescible

refuse in solid or semisolid form including, but not limited to,

garbage, rubbish, ashes or incinerator residue, street refuse, dead

animals, demolition wastes, construction wastes, solid or semisolid

commercial and industrial wastes and hazardous wastes including

explosives, pathological wastes, chemical wastes, herbicide and

pesticide wastes; and

13. "Gas distribution facilities" means the necessary

facilities from the initial source to the place for consumer

utilization and includes supply, transportation and distribution.
Okla. Stat. tit. 82, § 82-277.5 — OK Code / Title 82 / Section 82-277.5
Electors - Persons eligible to serve - First meeting -
Status: in_force

Adoption of bylaws - Other business.

A. 1. Any elector in the division of the district in which he

resides may serve as a director in that division.

2. If an elector does not own irrigable land in the division of

the district in which he resides, or resides outside the district,

such elector may serve as a director in the division in which the

majority of his land is located.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 43

B. At the time and place established by the Oklahoma Water

Resources Board for the first meeting of the electors of the

district, the electors shall adopt bylaws. In addition to any other

provisions normally and properly included in bylaws, the bylaws

shall, at a minimum, include provisions regarding the following:

1. Establishing the district's name and principal place of

business;

2. Requiring an annual meeting of electors and providing that a

notice of such annual meeting be given, by mail, to each elector not

less than fifteen (15) days prior to the annual meeting;

3. Requiring special meetings of electors and providing that a

notice of such special meeting be given, by mail, to each elector

not less than fifteen (15) days prior to the special meeting;

4. Requiring that the electors pursuant to the provisions of

this section shall:

a. establish qualifications and a process to elect a

board of directors. The board of directors shall be

composed of not less than five members nor more than

nine. The board of directors shall be elected from

divisions approximately equal in land area and number

of electors. A director shall be twenty-one (21)

years of age or older and an elector in the district,

and

b. set the director's terms of office. The terms of

office of the initial board shall be until the date of

the first, second, or third annual meeting of the

electors. Successors shall be elected for terms of

three (3) years. For any vacancy on the board due to

resignation, death, or any cause resulting in an

unexpired term, the board shall appoint a person to

complete such unexpired term;

5. Requiring that any director who ceases to qualify as an

elector or a director during his term of office shall immediately

cease to be a director and his office shall be vacant;

6. Requiring that a director may be removed from his office by:

a. a majority vote of the electors in the electing

division at any time, and for any reason at an

election called upon a petition signed by at least

sixty percent (60%) of the electors of the division,

or

b. the district judge having jurisdiction of the district

for dishonesty, incompetency or failure to perform the

duties imposed upon him pursuant to the Oklahoma

Irrigation District Act;

7. Requiring that each elector be entitled to one vote on any

election, motion, resolution or proposal properly brought for vote

before the electors;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 44

8. Providing that each elector may vote in person, by proxy or

by absentee ballot by procedures established and supervised by the

directors; and

9. Providing for setting and modification of assessments.

C. Following the adoption of bylaws, the electors shall conduct

such other business as may be necessary for the proper organization

of the district including but not limited to:

1. Electing a board of directors pursuant to the district's

bylaws; and

2. Adopting an official seal.

D. 1. Following the first meeting of electors, the board shall

submit the initial bylaws to the Oklahoma Water Resources Board for

their approval or disapproval. The Oklahoma Water Resources Board

shall either approve or disapprove the bylaws within sixty (60) days

after receiving written notification and a copy of the bylaws from

the board. The failure of the Oklahoma Water Resources Board to

disapprove the bylaws within sixty (60) days shall constitute

approval.

2. Upon any subsequent modification or amendment of the bylaws

by the electors, the modified or amended bylaws shall be submitted

to the Oklahoma Water Resources Board for their approval or

disapproval in the same manner and subject to the same conditions as

the initial bylaws. Any modification or amendment of existing

bylaws shall not become effective until the Oklahoma Water Resources

Board has approved such modifications or amendments in whole, in

part or as otherwise authorized by the Oklahoma Water Resources

Board.
Okla. Stat. tit. 82, § 82-1615 — OK Code / Title 82 / Section 82-1615
Variances
Status: in_force

A. A floodplain board may grant variances from requirements of

floodplain management regulations that are more stringent than the

minimum requirements of the Oklahoma Floodplain Management Act upon

presentation of adequate proof that compliance with the local

floodplain management regulations adopted pursuant to the Oklahoma

Floodplain Management Act will result in an arbitrary and

unreasonable taking of property without sufficient benefit or

advantage to the people. However, no variance shall be granted

where the effect of the variance will be to permit the continuance

of a condition which unreasonably creates flooding hazards. Any

variance so granted shall not be construed as to relieve any person

who receives it from any liability imposed by the Oklahoma

Floodplain Management Act or by other laws of the state.

B. Any person seeking a variance shall file a petition with the

floodplain board, accompanied by a filing fee of Twenty-five Dollars

($25.00).

C. A floodplain board shall exercise wide discretion in

weighing the equities involved and the advantages and disadvantages

to the applicant and to the public at large when determining whether

the variance shall be granted. The floodplain board shall conduct a

hearing for each requested variance. At least thirty (30) days

prior to the hearing, a notice of the time and place of the hearing

shall be published at the petitioner’s expense in a newspaper of

general circulation regularly published nearest the area of

jurisdiction. In no case shall variances be effective for a period

longer than twenty (20) years. A copy of any variance issued shall

be sent to the Oklahoma Water Resources Board within fifteen (15)

days after issuance.
Okla. Stat. tit. 82, § 82-896.8 — OK Code / Title 82 / Section 82-896.8
Prohibited containers - Littering - Penalties
Status: in_force

A. The use of glass, Styrofoam or any plastic foam containers

for any purpose shall be prohibited on any scenic river or on the

Lower Mountain Fork River, south of the Broken Bow Lake Reregulation

Dam to U.S. Highway 70. Any person found in violation of this

section shall be subject to the provisions of Section 1761.1 of

Title 21 of the Oklahoma Statutes.

B. Any person who deliberately places, throws, drops, dumps,

deposits or discards any garbage, trash, waste, rubbish, refuse,

debris or other deleterious substance on or near a scenic river

shall be subject to the provisions of Section 1761.1 of Title 21 of

the Oklahoma Statutes.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 174
Okla. Stat. tit. 82, § 82-1085.74 — OK Code / Title 82 / Section 82-1085.74
Authorized uses of funds in account
Status: in_force

A. All funds available in the Drinking Water Treatment

Revolving Loan Account shall first be used to assure maintenance of

progress towards compliance with enforceable deadlines, goals and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 254

requirements of the Oklahoma Environmental Quality Code and the

federal Safe Drinking Water Act.

B. The Board shall use the Drinking Water Treatment Revolving

Loan Account only as provided by the federal Safe Drinking Water Act

for the following purposes:

1. To make a loan to an eligible entity if:

a. the loan application, project and planning documents

have been approved by the Department or Board,

b. the loan is made at or below market interest rates,

including interest-free loans, at terms consistent

with the federal Safe Drinking Water Act,

c. principal and interest payments will begin not later

than one (1) year after completion of any drinking

water treatment project and all loans will be fully

amortized consistent with the federal Safe Drinking

Water Act,

d. the Drinking Water Treatment Revolving Loan Account

will be credited with all payments of principal of and

interest on all loans,

e. the applicant demonstrates to the satisfaction of the

Board the legal, managerial and financial capability

to assure sufficient revenues to pay debt service,

f. the recipient of the loan establishes a dedicated

source of revenue for payment of debt service for the

loan, and

g. the recipient agrees to maintain financial records in

accordance with governmental accounting standards, to

conduct an annual audit of the financial records

relating to the treatment works, and to submit the

audit report to the Board on a scheduled annual basis;

2. To buy or refinance eligible entity obligations at or below

market rates where the debt obligation was incurred after July 1,

1993;

3. To guarantee or purchase insurance for eligible entities if

the guarantee or insurance would improve access to market credit or

reduce interest rates;

4. As a source of revenue or security for the payment of

principal of and interest on any investment certificate issued by

the Board. The proceeds of the sale of such investment certificates

shall be deposited in the Drinking Water Treatment Revolving Loan

Account in compliance with applicable bond resolutions or indentures

authorizing the sale;

5. To earn interest on accounts established under the Drinking

Water Treatment Revolving Loan Account; and

6. For such other purpose or in such other manner, as is

determined by the Board to be an appropriate use of the Drinking

Water Treatment Revolving Loan Account and which has been

Oklahoma Statutes - Title 82. Waters and Water Rights Page 255

specifically approved by the Environmental Protection Agency

pursuant to the federal Safe Drinking Water Act.
Okla. Stat. tit. 82, § 82-572 — OK Code / Title 82 / Section 82-572
Regulations to protect works - Enforcement - Penalty
Status: in_force

Where necessary in order to secure the best results from the

execution and operation of the plans of the district, or to prevent

damage to the district by the deterioration or misuse, or by the

pollution of the waters, of any water course therein, the board of

directors may make regulations for and may prescribe the manner of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 92

building bridges, roads, or fences or other works in, into, along or

across any channel, reservoir, or other construction; and may

prescribe the manner in which ditches or other works shall be

adjusted to or connected with the works of the district or any

watercourse therein.

The construction of any works in a manner harmful to the

district or to any water course therein, and in a manner contrary to

that specified by the directors, shall be a misdemeanor, and upon

conviction shall be punishable by a fine of not more than Five

Hundred Dollars ($500.00). The directors shall have authority to

enforce by mandamus or otherwise all necessary regulations made by

them and authorized by this act, and may remove any harmful

construction or may close any opening improperly made. Any person,

corporation or municipality willfully failing to comply with such

regulations shall be liable for all damages caused by such failure

and for the cost of renewing any construction damaged or destroyed.
Okla. Stat. tit. 82, § 82-1087.17 — OK Code / Title 82 / Section 82-1087.17
Monitoring by United States Government
Status: in_force

When a permit is issued under the Oklahoma Weather Modification

Act for weather modification research by the United States

Government or its agent, any other operation for which a permit is

issued and which is located in full or in part within the area of

the permitted research operation shall submit to monitoring by the

agency conducting such operation when such operation is being

conducted.
Okla. Stat. tit. 82, § 82-601 — OK Code / Title 82 / Section 82-601
Appraisers - Appointment - Organization - Additional
Status: in_force

board.

At the time of making its order, organizing the district or at

any suitable time thereafter; either in term or in vacation the

court or judge shall appoint three (3) appraisers, who shall in

every case where appraisers are appointed under this act be

recommended by the board of directors, and whose duty it shall be to

appraise the lands or other property within and without the district

to be acquired for rights-of-way, reservoirs and other works of the

district and to appraise all benefits and damages accruing to all

lands within and without the district by reason of the extension of

the official plan. Said appraisers shall be freeholders residing

within the counties affected by the district but not interested in

said district. Each of the appraisers shall, before taking up his

duties, take and subscribe to an oath that he will faithfully and

impartially discharge his duties as such appraiser, and that he will

make a true report of such work done by him. The said appraisers

shall at their first meeting elect one of their own number chairman,

and the secretary of the board of directors or his deputy shall be

exofficio secretary of said board of appraisers during their

continuance in office. A majority of the appraisers shall

constitute a quorum and a concurrence of the majority in any matter

within their duties shall be sufficient for its determination. Said

appraisers shall continue to hold their offices until excused by the

court, and the court shall fill all vacancies in the board of

appraisers, or may appoint a new board for subsequent appraisals, as

occasion may require. Such new board, if appointed, shall fill all

the requirements of the board of appraisers and perform its duties.

Provided, that if the court shall find that one board of

appraisers cannot appraise the lands and property in said district

within reasonable time, then the court may appoint such other boards

of appraisers as may be found necessary, specifying their territory

of operation.
Okla. Stat. tit. 82, § 82-1324.10 — OK Code / Title 82 / Section 82-1324.10
Powers of district
Status: in_force

A. Every district incorporated hereunder shall have perpetual

existence, subject to dissolution as provided by the Rural Water,

Sewer, Gas and Solid Waste Management Districts Act, and shall have

power to:

1. Sue and be sued, complain and defend, in its corporate name;

2. Adopt a seal which may be altered at pleasure, and to use

it, or a facsimile thereof, as required by law;

3. Acquire by purchase, lease, gift, or in any other manner,

and to maintain, use, and operate any and all property of any kind,

real, personal, or mixed, or any interest therein; and to acquire

and own water rights or rights to natural gas under the laws of this

state, and to construct, erect, purchase, lease as lessee and in any

manner acquire, own, hold, maintain, operate, sell, dispose of,

lease as lessor, exchange and mortgage plants, buildings, works,

machinery, supplies, equipment, apparatus, facilities, property

rights and transportation and distribution lines, facilities,

equipment or systems necessary to transport, distribute, sell,

furnish and dispose of water or gas, and either subsequent to, or in

connection with, the installation of water distribution, sewage

facilities, gas distribution facilities or solid waste management

system, to construct, operate and maintain sewage disposal

facilities or solid waste management system to serve the users of

the district. Provided, all projects of the district shall be self-

Oklahoma Statutes - Title 82. Waters and Water Rights Page 322

liquidating, and the costs of construction shall be payable solely

from the income, revenues, and properties of the district, and all

property, assets and revenues of the district shall constitute a

special fund for the accomplishment of the purposes and objectives

of the Rural Water, Sewer, Gas and Solid Waste Management Districts

Act;

4. Borrow money and otherwise contract indebtedness for the

purposes set forth in this act, and, without limitation of the

generality of the foregoing, to borrow money and accept grants from

the United States of America, or from any corporation or agency

created or designated by the United States of America, and, in

connection with such loan or grant, to enter into such agreements as

the United States of America or such corporation or agency may

require; and to issue its notes or obligations therefor, and to

secure the payment thereof by mortgage, pledge or deed of trust on

all or any property, assets, franchises, rights, privileges,

licenses, rights-of-way, easements, revenues, or income of the said

district;

5. Make bylaws for the management and regulation of its

affairs;

6. Appoint officers, agents and employees, to prescribe their

duties and to fix their compensation; and to employ such common and

skilled labor and professional and other services as may be

necessary to the proper performance of such work or improvement as

is proposed to be done within any such district, and the maintenance

thereof;

7. Sell or otherwise dispose of any property of any kind, real,

personal, or mixed, or any interest therein, which shall not be

necessary to the carrying on of the business of the district;

8. In connection with the acquisition, construction,

improvement, operation or maintenance of its transportation, and

distribution lines, system, equipment, facilities or apparatus, use

any street, road, alley or highway which is owned or held by the

state, or any political subdivision. The location of sewer, gas or

water lines or other facilities connected with the water, sewer, gas

or solid waste management district in such streets, roads, alleys or

highways, must be concurred in by the governing or appropriate

bodies of the cities, counties or state, which have jurisdiction

over said property. The district plans for locating lines shall

comply with the written specifications for location of lines and

facilities as set forth by the governing body of the county for

property within their jurisdiction. If the governing body of the

county does not have written specifications for location of lines

and facilities for property within their jurisdiction, they shall

concur with the district plans or provide the district with an

alternative plan. The governing body of any such city, county or

state agency may require that if a district attaches a gas line to

Oklahoma Statutes - Title 82. Waters and Water Rights Page 323

any bridge, underpass or overpass, that such district furnish

liability insurance in an amount to be determined by the governing

body, covering damage which may be occasioned to such bridge,

underpass or overpass, as a result of fire or explosion originating

from said gas line. Provided that the relocation or rearrangement

of any public utility's or common carrier's facilities of service

required to be made to permit or accommodate installation or

maintenance of a district's facilities on, across or under any such

publicly owned or held real property or interest therein shall be

performed at the sole cost of the district;

9. Make any and all contracts necessary or convenient for the

exercise of the powers of the district;

10. Fix, regulate and collect rates, fees, rents or other

charges for water, gas and any other facilities, supplies, equipment

or services furnished by the district. Said rates shall be just,

reasonable and nondiscriminatory;

11. Do and perform all acts and things, and to have and

exercise any and all powers as may be necessary, convenient or

appropriate to effectuate the purposes for which the district is

created;

12. Buy from or sell water or gas to any municipality, or to

another district created under this act, or to any other legal

entity engaged in the distribution and storage of water or gas,

provided quantities of water sold do not exceed any vested right of

appropriation granted by the Oklahoma Water Resources Board;

13. Enter into contracts with the United States of America, or

any agency thereof, or the state, or any political subdivision or

agency thereof, for the construction, operation and maintenance of

structures needed to provide water storage to meet present and

future anticipated needs and demands of the district;

14. Enter into contracts jointly with any other district,

municipality, city or town, the state, the United States of America,

or any governmental agency, for the purpose of purchasing water,

constructing, acquiring, operating water facilities or purchasing or

leasing reservoir space;

15. Enter into contracts for fire protection and to construct,

enlarge, extend or otherwise improve community facilities providing

essential services to rural residents, including, but not limited

to, fire protection, ambulance service, community centers and

outdoor recreational facilities; and

16. Have and exercise the right of eminent domain in the same

manner and according to the procedures provided for in Sections 51

through 65 of Title 66 of the Oklahoma Statutes, provided, that the

use of said eminent domain provisions, shall be restricted to the

purpose of developing and providing rural gas distribution, water

works and sewage disposal facilities. Provided, however, no

Oklahoma Statutes - Title 82. Waters and Water Rights Page 324

personal or real property, easement or right-of-way of any utility

may be acquired by eminent domain.

B. No district organized hereunder shall sell or export water

or gas pursuant to the Rural Water, Sewer, Gas and Solid Waste

Management Districts Act outside of the state without consent of the

Legislature.

C. Appropriative rights to water held by the district shall not

be alienated or encumbered apart from the alienation or encumbrance

of the facilities of the district.

D. The board of directors shall, on or before July 1 of each

year, file with the county clerk of each county in which any part of

said district is located, an annual report for the preceding

calendar year. Such report shall list all monies collected and all

monies disbursed during said calendar year. Said report shall also

specify any and all indebtedness outstanding at the end of the

calendar year.
Okla. Stat. tit. 82, § 82-1085.94 — OK Code / Title 82 / Section 82-1085.94
Powers and duties of Water Resources Board
Status: in_force

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

Oklahoma Water Resources Board shall have the power and duty to:

1. After receipt from the Oklahoma Department of Emergency

Management and Homeland Security, process applications for grant

funds or loans from the Hazard Mitigation Financial Assistance Fund

and enter into grant or loan agreements for use of such funds;

2. Promulgate rules as deemed necessary by the Board to

administer the Hazard Mitigation Financial Assistance Program;

3. Utilize the priority listing of applicants compiled by the

Oklahoma Department of Emergency Management and Homeland Security in

considering applications;

4. a. Issue investment certificates, in accordance with the

provisions of Sections 1085.33 and 1085.37 of this

title and the Oklahoma Bond Oversight and Reform Act,

to provide necessary funds first to meet the demand

for loan funding from the Hazard Mitigation Financial

Assistance Program; provided, any investment

certificate proceeds not needed for such demand may be

used by the Board, as needed, for funding other

financial assistance programs authorized in this

title, and

b. Enter into loan agreements with and make loans from

the proceeds of investment certificates to eligible

entities for hazard mitigation projects upon terms not

inconsistent with the provisions of Section 1085.36 of

this title; and

5. Enter into agreements with the Oklahoma Department of

Emergency Management and Homeland Security or other state or federal

agencies as deemed necessary by the Board to monitor and measure

hazard events.

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

Oklahoma Department of Emergency Management and Homeland Security

shall:

1. Promulgate rules providing for and establishing a priority

listing of grant and loan applicants for flood hazard mitigation

projects subject to the Oklahoma Civil Defense and Emergency

Resources Management Act; and

2. Determine eligibility of those entities authorized to

receive funding from the Hazard Mitigation Financial Assistance

Fund.
Okla. Stat. tit. 82, § 82-1128 — OK Code / Title 82 / Section 82-1128
Agreements or contracts with United States
Status: in_force

The board of directors of a port authority may enter into any

agreement or contract with the United States of America or any

agency or instrumentality thereof which it may consider advisable or

necessary in order to obtain a grant of funds, a contract for

purchase of its bonds, or any other aid or assistance in connection

with the construction, addition, furnishing and equipping of any

building or facility as herein defined.
Okla. Stat. tit. 82, § 82-1501-505 — OK Code / Title 82 / Section 82-1501-505
Renumbered as § 3-3-112 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1085.12 — OK Code / Title 82 / Section 82-1085.12
Executive Director - Qualifications - Powers and
Status: in_force

duties.

A. The Oklahoma Water Resources Board shall appoint an

Executive Director, who shall have had at least six (6) years

practical and administrative experience in water resource management

and fix his or her duties and compensation. The Board is

specifically authorized to delegate to such Executive Director such

of its powers and duties as it may deem proper, including powers and

duties involving the exercise of official discretion. The authority

hereby granted to the Board to delegate powers and duties to the

Executive Director shall extend to any powers and duties given or

transferred to the Board under this title, or under any other law

conferring powers or imposing duties upon the Board, and shall also

extend to any powers conferred or duties imposed upon the Board by

any future law, unless any law expressly negates the authority to

make such delegation. Any other part of this title, or any other

law granting authority to the Board to delegate any powers or

duties, shall not be deemed to be a limitation upon the authority

conferred by this section. The Executive Director shall exercise

any such delegated powers and perform such delegated duties, in

accordance with any rules, regulations or orders made by the Board

which are applicable thereto. Provided, however, the Board shall

not delegate to such director any power of determining policy, the

execution of any contract or the final adjudication of any claims,

applications or controversies, all of which powers and duties shall

be exercised solely by the Board.

B. In addition to the powers and duties specified in subsection

A of this section, the Executive Director shall have the power and

duty to issue temporary permits and regular permits excluding all

permits from sensitive sole source aquifers that meet all the

requirements of Titles 27A and 82 of the Oklahoma Statutes and other

considerations required by law and that have not been the subject of

a protest from an interested party.
Okla. Stat. tit. 82, § 82-1085.71 — OK Code / Title 82 / Section 82-1085.71
Purpose
Status: in_force

In addition to the financial assistance programs established

under Sections 1085.31 through 1085.49 and Sections 1085.51 through

1085.65 of this title pursuant to Section 39 of Article X of the

Oklahoma Constitution, it is the intention of the Legislature to

Oklahoma Statutes - Title 82. Waters and Water Rights Page 252

establish a Drinking Water Treatment Revolving Loan Account to

implement the federal Safe Drinking Water Act.
Okla. Stat. tit. 82, § 82-1085.36 — OK Code / Title 82 / Section 82-1085.36
Loans to political subdivisions and other eligible
Status: in_force

entities - Rate of interest - Security - Payment.

Whenever any municipality, public trust, rural water or sewer

district or any other eligible entity proposes to acquire or

construct a project and/or refinance any indebtedness originally

incurred to acquire or construct a project, the Board is hereby

authorized to advance to the municipality, public trust, rural water

district or other eligible entity or combination thereof sufficient

funds for such purposes. Such loans by the Board shall be made

pursuant to notes, bonds, revenue bonds or other appropriate form of

evidence of indebtedness to the Board by the municipality, public

trust, rural water district or other eligible entity. The interest

rate and loan term shall be determined by the Board, provided,

however, that the interest rate for loans made to rural water or

sewer districts, created and existing under the provisions of

Section 1324.1 et seq. of this title, for the purposes of acquiring

or constructing a project and/or refinancing any indebtedness

originally incurred to acquire or construct a project, shall not

exceed fourteen percent (14%) per annum. As security, the Board may

take a mortgage on the entire project, and a pledge of the revenues

derived from the operation thereof or such other revenues as may be

pledged by the applicant for such purposes. The Board, in its

Oklahoma Statutes - Title 82. Waters and Water Rights Page 231

discretion, may defer the principal or an installment on such loans

but the total cumulating time such payment may be deferred shall not

exceed five (5) years. After a loan or other financial assistance

is obtained under Sections 1085.31 through 1085.65 of this title,

and during the term of such loan or other financial assistance, no

person, other than the eligible entity obtaining the financial

assistance, shall be authorized to provide services of the type

relied on for security of the loan or other financial assistance to

customers of the portion of the system that is identified in the

loan documents as collateral for the loan and either (1) in

existence at the time of the loan or other financial assistance or

(2) financed by the loan or other financial assistance.
Okla. Stat. tit. 82, § 82-608 — OK Code / Title 82 / Section 82-608
Decree on appraisals
Status: in_force

If it appears to the satisfaction of the court after having

heard and determined all said exceptions that the estimated cost to

the conservancy district of constructing the improvement

contemplated in the official plan is less than the benefits

appraised, then the court shall approve and confirm said appraisers'

report as so modified and amended, and such findings and appraisals

shall be final and incontestable as to property within the district.

In considering the appraisals made by the board of appraisers, the

court shall take cognizance of the official plan and of the degree

to which it is effective for the purposes of the district. In case

the court shall find that the estimated benefits appraised are less

than the total costs to the conservancy district of the execution of

the official plan, exclusive of interest or deferred payments, or

that the official plan is not suited to the requirements of the

district, it may at its discretion return said official plan to the

directors of the district with the order for them to prepare new or

amended plans, or it may disorganize the district after having

provided for the payment of all expenditures by assessment prorated

as provided herein, in the meantime holding the report of the

appraisers in abeyance until such official plan has been prepared

and refiled with the court clerk.
Okla. Stat. tit. 82, § 82-865 — OK Code / Title 82 / Section 82-865
District funds - Deposit - Official bonds - Surety
Status: in_force

The funds of the district shall be deposited in accordance with

Section 870 of this title and any bond resolutions or indentures

issued thereunder. The Chief Executive Officer, the treasurer and

all other officers, agents and employees of the district who shall

be charged with the collection, custody or payment of any funds of

the district shall give bond conditioned on the faithful performance

of their duties and an accounting for all funds and property of the

district coming into their respective hands, each of which bonds

shall be in form and amount and with a surety, which shall be a

surety company authorized to do business in the state, approved by

the Board, and the premiums on such bonds shall be paid by the

district and charged as an operating expense.
Okla. Stat. tit. 82, § 82-1324.13 — OK Code / Title 82 / Section 82-1324.13
Annexation of additional territory - Petition
Status: in_force

Lands outside the boundaries of any district which can

economically be served by the facilities of the district may be

annexed to such district. Any two or more owners of such lands

shall file a petition for annexation with the county clerk addressed

to the board of county commissioners, which shall give the legal

descriptions of the lands owned by the petitioners and other lands

which the petitioners propose to be annexed to such district, and

shall state:

1. The name of the district to which annexation is desired;

2. That such lands are without an adequate water supply, sewage

facilities, gas distribution system or solid waste management

system;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 326

3. That annexation to said district will be conducive to and

will promote the public health, convenience and welfare of rural

residents in the district; and

4. That adequate water is available to the district or has been

appropriated to the district by the Oklahoma Water Resources Board.
Okla. Stat. tit. 82, § 82-1136 — OK Code / Title 82 / Section 82-1136
Limitation on liability of trustee or beneficiary
Status: in_force

No trustee or beneficiary shall be charged with any liability

whatsoever by reason of any act or omission committed or suffered in

the performance of such trust or in the operation of the trust

property, except for willful or grossly negligent breach of trust;

provided, however, any act, liability for any omission, or

obligation of a trustee or trustees, in the execution of such trust,

or in the operation of the trust property, shall extend to the whole

of the trust estate or so much thereof as may be necessary to

discharge such liability or obligation and not otherwise.
Okla. Stat. tit. 82, § 82-683 — OK Code / Title 82 / Section 82-683
Act to be liberally construed
Status: in_force

This act being necessary for securing the public health, safety,

convenience or welfare, and being necessary for the prevention of

great loss of life and for the security of public and private

property from floods and other uncontrolled waters, it shall be

liberally construed to effect the control and conservation and

drainage of the waters of this state.
Okla. Stat. tit. 82, § 82-277.16 — OK Code / Title 82 / Section 82-277.16
Consolidation
Status: in_force

Two or more districts desiring to consolidate into one district

may file a petition with the Oklahoma Water Resources Board and

shall attach the following:

1. A certified resolution authorizing the same approved by the

board of directors of all the districts;

2. A certified resolution authorizing the same approved by the

electors of the districts in a meeting called in each district for

that purpose;

3. Approval by the bondholders of the districts; and

4. Any additional data and information required by rules and

regulations of the Oklahoma Water Resources Board.

After receipt thereof, the Oklahoma Water Resources Board may

approve or disapprove the petition as it deems advisable. If the

petition is approved, an amended order shall be issued and filed of

record in the office of the county clerk of each county or counties

wherein lands included within the consolidated district are located

within thirty (30) days after date of issuance.
Okla. Stat. tit. 82, § 82-1084.2 — OK Code / Title 82 / Section 82-1084.2
Definitions
Status: in_force

Wherever used in this title the following terms shall have the

respective meanings hereinafter set forth or indicated, unless the

context otherwise requires:

1. "Pollution" means contamination or other alteration of the

physical, chemical or biological properties of any natural waters of

the state, or such discharge of any liquid, gaseous or solid

substance into any waters of the state as will or is likely to

create a nuisance or render such waters harmful or detrimental or

injurious to public health, safety or welfare, or to domestic,

commercial, industrial, agricultural, recreational, or other

legitimate beneficial uses, or to livestock, wild animals, birds,

fish or other aquatic life.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 209

2. "Wastes" means industrial waste and all other liquid,

gaseous or solid substances which may pollute or tend to pollute any

waters of the state.

3. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems and all other bodies or accumulations of

water, surface and underground, natural or artificial, public or

private, which are contained within, flow through, or border upon

this state or any portion thereof.

4. "Person" means the state, any municipality, political

subdivision, institution, public or private corporation, individual,

partnership or other entity.

5. "Board" means the Oklahoma Water Resources Board.
Okla. Stat. tit. 82, § 82-934.1 — OK Code / Title 82 / Section 82-934.1
Renumbered as § 365 of Title 17 by Laws 1991, c. 181, §
Status: in_force

12, eff. July 1, 1991.
Okla. Stat. tit. 82, § 82-1021.1 — OK Code / Title 82 / Section 82-1021.1
Short title - Groundwater Irrigation District Act
Status: in_force

This act shall be known and may be cited as the "Groundwater

Irrigation District Act".

Oklahoma Statutes - Title 82. Waters and Water Rights Page 206
Okla. Stat. tit. 82, § 82-1501-418 — OK Code / Title 82 / Section 82-1501-418
Renumbered as § 3-3-110 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1324.44 — OK Code / Title 82 / Section 82-1324.44
Board approval of acquisition - Conditions for
Status: in_force

disapproval - Public hearing.

A. The Oklahoma Water Resources Board shall approve any

acquisition of control referred to in Section 6 of this act unless,

after a public hearing thereon, it finds that one or more of the

following conditions will exist if such acquisition of control is

consummated, in which event it shall disapprove such acquisition of

control and the same shall not be consummated:

1. The acquisition of control would adversely affect the

contractual obligations of the district or corporation or its

ability or commitment to render the same level of service to its

customers that the district or corporation is currently rendering;

2. The financial condition of any acquiring party is such as

might jeopardize the financial stability of the district or

corporation or otherwise prejudice the interest of the district or

corporation customer;

3. The plans or proposals which an acquiring party has to

liquidate the district or corporation, sell its assets, or a

substantial part thereof, or consolidate or merge it with any

person, or to make any other material change in its investment

policy, business or corporate structure or management, would be

detrimental to the customers of the district or corporation and not

in the public interest; or

4. The competence, experience and integrity of the persons who

would control the operation of the district or corporation are such

that it would not be in the interest of its customers and the public

to permit the acquisition of control.

B. The public hearing referred to in subsection A of this

section shall be commenced within thirty (30) days after the

statement required by Section 6 of this act is filed. The place,

date and time for such public hearing shall be set by the Board and

notice thereof shall be given by the Board to the person filing the

statement and to the district or corporation at least twenty (20)

Oklahoma Statutes - Title 82. Waters and Water Rights Page 342

days prior to the date of the public hearing. Notice of the public

hearing shall be given by the person filing the statement to such

other persons and in such manner as may be directed by the Board at

least fifteen (15) days prior to such public hearing. The district

or corporation shall give notice to its customers as provided in

Section 9 of this act. The public hearing referred to in subsection

A of this section shall be concluded within thirty (30) days after

the commencement of such hearing. The Board shall make a

determination of the factors specified in subsection A of this

section within thirty (30) days after the conclusion of such

hearing, and any acquisition of control within the purview of this

section shall be deemed approved unless the Board has, within sixty

(60) days after the conclusion of such hearing, entered its order

disapproving the acquisition of control.
Okla. Stat. tit. 82, § 82-1085.49 — OK Code / Title 82 / Section 82-1085.49
Investment certificates - Acquisition by brokers or
Status: in_force

dealers.

Except as provided in the rules and regulations of the Municipal

Securities Rulemaking Board no broker, dealer, or investment

certificates dealer that has a financial advisory relationship with

respect to a new issue of investment certificates shall acquire as

principal either alone or as a participant in a syndicate or other

similar account formed for the purpose of purchasing, directly or

indirectly, from the issuer all or any portion of such issue, or

arrange for such acquisition or participation by a person

controlling, controlled by, or under common control with such

broker, dealer, or investment certificates dealer.
Okla. Stat. tit. 82, § 82-646 — OK Code / Title 82 / Section 82-646
Compensation of officials
Status: in_force

Each member of the board of directors and each appraiser shall

receive compensation allowed by the court and his necessary expenses

for the time actually employed in performing his duties. Before any

duties devolve upon a county clerk or county treasurer under this

act the board of directors of the district shall consult them and

agree upon the salaries for the extra clerical force, if any,

required in their respective offices to carry out the requirements

of the law by reason of the establishment of said district, and the

said board of directors shall provide for and pay said salaries to

said clerk or clerks, while engaged on the work of the district,

which clerk shall be selected and appointed by each of said county

officers for their respective offices. In case of disagreement as

to the compensation of such extra clerical force, the matter shall

be referred to the court for its determination.
Okla. Stat. tit. 82, § 82-630 — OK Code / Title 82 / Section 82-630
Funds, how carried - Vouchers
Status: in_force

A. The monies of every conservancy district organized pursuant

to this act shall be administered through the following funds:

1. A preliminary fund, by which is meant the funds borrowed in

accordance with Section 632 of this title, which shall be used for

the payment of expenses incurred for the purposes for which the

funds may be borrowed;

2. An improvement fund, by which is meant the proceeds of

levies made against the special assessments of benefits equalized

and confirmed under the provisions of this act which have not been

pledged for the retirement of bonds, notes, warrants or agreements

or the payment of interest thereon and the proceeds of all bonds,

notes or warrants issued, which shall be used for defraying

expenditures incurred in the execution of the official plan and the

relocation of utilities, acquisition or construction of properties,

works, and improvements of the district including the cost of

preparing the official plan and the appraisal, except as paid out of

the preliminary funds, the entire cost of construction and

superintendence, with all charges incidental thereto, and the cost

of administration during the period of construction and may also be

used for defraying preliminary expenses in accordance with Section

632 of this title;

3. A bond fund, by which is meant the proceeds of levies made

against the special assessment of benefits equalized and confirmed

under the provisions of this act which has been anticipated in the

issuance of bonds, notes or warrants together with all other

receipts pledged for the retirement of bonds, notes or warrants or

Oklahoma Statutes - Title 82. Waters and Water Rights Page 105

the payment of interest thereon, which shall be used only for such

purposes; and

4. A maintenance fund, which is a special assessment to be

levied annually for the purpose of upkeep, administration and

current expenses as hereinafter provided.

B. Any surplus monies in any fund of a conservancy district may

be transferred to any other fund by the board, but no transfer shall

be made from the bond fund prior to the final maturity of the bonds,

notes or warrants payable therefrom, and no transfer shall

thereafter be made which would reduce the balance in the fund below

the amount required for the payment of all obligations outstanding

against the fund.

C. No vouchers shall be drawn against the maintenance fund of a

conservancy district until assessments have been levied as provided

by this act. No bonds shall be issued against the bond fund until

an assessment-levying resolution shall have been properly passed by

the board of directors and duly entered upon its records, and not

until the property owners shall have been given an opportunity for a

period of not less than thirty (30) days to pay the assessments so

levied against their respective properties.
Okla. Stat. tit. 82, § 82-110.2 — OK Code / Title 82 / Section 82-110.2
Legislative intent
Status: in_force

It is recognized by the Oklahoma State Legislature that properly

constructed, operated and maintained dams used to impound water and

create reservoirs for the purposes of public and private water

supply, irrigation, industrial use, recreation, fish and wildlife,

water quality control, flood prevention and control, sediment

control, and other beneficial uses constitute vital parts of the

State of Oklahoma's water resources, and that reasonable regulation

of such construction, operation and maintenance is beneficial and

necessary for the public health and welfare and to protect lives and

property. It is the intent of the Legislature that the provisions

of this act shall reaffirm and clarify such regulation and the dam

safety program of the Oklahoma Water Resources Board already

established and shall further provide sufficient basis for

communities in the National Flood Insurance Program to obtain

favorable consideration of rate decreases for their citizens offered

through the Community Rating System administered by the Federal

Emergency Management Agency.
Okla. Stat. tit. 82, § 82-1277 — OK Code / Title 82 / Section 82-1277
Annual written report
Status: in_force

Within sixty (60) days after the close of each calendar year any

water district organized and in operation under this act shall make

a written report to the Oklahoma Water Resources Board at its office

and shall include the following:

1. The total volume of water contracted for from the reservoir

or reservoirs located within the district. Measurement may be made

either in gallons or acre-feet, whichever is most convenient to the

district.

2. A complete report of the finances, assets and liabilities of

the district.

3. Any other information that the Board may require from time

to time which will be helpful to it in assisting said district in

the development of industry to utilize the water available for

beneficial use.
Okla. Stat. tit. 82, § 82-1279 — OK Code / Title 82 / Section 82-1279
Inactive districts
Status: in_force

If a district is inactive, the judge of the district court for

the county in which fifty percent (50%) or more of the real property

of the district is located may designate a board of directors who

Oklahoma Statutes - Title 82. Waters and Water Rights Page 308

shall act with the same authority in dissolving the district as if

they had been appointed members of the district pursuant to Section

1268 of this title.
Okla. Stat. tit. 82, § 82-1020.16 — OK Code / Title 82 / Section 82-1020.16
Commercial drilling or plugging license – Inspections
Status: in_force

- Deposit of fees - Penalties.

A. All persons engaged in the commercial drilling or commercial

plugging of groundwater wells, monitoring wells, observation wells,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 200

wells utilized for heat exchange purposes, including but not limited

to heat pump wells and geothermal wells, and in the commercial

drilling or plugging of geotechnical borings and all persons engaged

in the commercial installation of water well pumps in this state

shall make application for and become licensed with the Oklahoma

Water Resources Board. Persons required to be licensed pursuant to

this section shall pay an annual fee as required by the Board. The

fees shall be deposited and expended as provided in subsection D of

this section.

B. The Board may prepare examinations and establish other

requirements for applicants to obtain, maintain, and renew licenses

and operator certifications. The examinations shall test the

knowledge and skills of:

1. Water well drillers in the construction, alteration, and

repair of wells and boreholes, including proper sealing and

abandonment of wells and boreholes, and the rules promulgated by the

Board regarding water well and borehole drilling and plugging; and

2. Pump installers in the planning, installation, operation,

and repair of pumping equipment and water wells including sealing

and abandonment, pumping efficiency, and the rules promulgated by

the Board regarding pump installation.

C. The Board may inspect any water well, monitoring well,

boring, water well pump, or abandoned well and borehole. Upon

consent of the owner of the land on which the well or borehole is

located or as allowed by district court order, authorized

representatives of the Board may enter upon and shall be given

access to the premises for the purpose of inspection. If the Board

finds noncompliance with applicable laws or rules or that a health

hazard exists, the Board may disapprove use of the well and shall

provide notice to the owner of the land on which the well is located

and to the well driller, if known, of the disapproval. If a well

has been disapproved, it shall not be used until brought into

compliance and any health hazard is eliminated. Any person

aggrieved by the disapproval of a well may request a hearing before

the Board.

D. 1. There is hereby created within the Oklahoma Water

Resources Board the Well Drillers and Pump Installers Remedial

Action Indemnity Fund. The Indemnity Fund shall be administered by

the Board.

2. The Indemnity Fund shall be excluded from budget and

expenditure limitations. Except as otherwise provided by subsection

E of this section, the monies deposited in the Indemnity Fund shall

at no time become part of the general budget of the Oklahoma Water

Resources Board or any other state agency. Except as otherwise

provided by subsection E of this section, no monies from the

Indemnity Fund shall be transferred for any purpose to any other

state agency or any account of the Board or be used for the purpose

Oklahoma Statutes - Title 82. Waters and Water Rights Page 201

of contracting with any other state agency or reimbursing any other

state agency for any expenses. Monies in the Indemnity Fund shall

only be expended for remedial actions necessary, without notice and

hearing, to protect groundwater from pollution or potential

pollution from wells, or boreholes under the jurisdiction of the

Board that do not meet minimum standards for construction or that

have been abandoned or as may be recommended by the Well Drillers

and Pump Installers Advisory Council.

3. The fees collected pursuant to subsection A of this section

shall be first credited to the Well Drillers and Pump Installers

Remedial Action Indemnity Fund. The Indemnity Fund shall be

maintained at Fifty Thousand Dollars ($50,000.00).

4. Expenditures from the Indemnity Fund required pursuant to

the provisions of this section shall be made pursuant to the

provisions of The Oklahoma Central Purchasing Act upon terms and

conditions established by the Office of Management and Enterprise

Services and shall not exceed Ten Thousand Dollars ($10,000.00) for

each well, borehole or pump for which action is taken.

5. Except in situations where the Board has assessed and

declared a health or safety emergency and a claim by the owner of

the well or borehole for costs of remedial action is not paid by

private insurance or other relief, the Board shall seek

reimbursement as recommended by the Well Drillers and Pump

Installers Advisory Council for any remedial action taken or

required by the Board. Any monies received as reimbursement shall

be deposited in the Well Drillers and Pump Installers Remedial

Action Indemnity Fund except as otherwise provided in subsection C

of this section.

E. When the Well Drillers and Pump Installers Remedial Action

Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00), the

fees, monies received as reimbursement, and administrative penalties

recovered under paragraph 1 of subsection G of this section shall be

deposited in a separate account in the Water Resources Board

Revolving Fund designated as the Well Drillers and Pump Installers

Regulation Account, which shall be a continuing account not subject

to fiscal year limitations. Monies in said account shall be used by

the Board for inspections, licensing, enforcement and education,

reimbursing per diem and travel costs for members of the Well

Drillers and Pump Installers Advisory Council pursuant to the State

Travel Reimbursement Act, and as otherwise determined to be

necessary to implement the provisions of this section.

F. Before any person or firm licensed pursuant to this section

shall commence the commercial drilling or plugging of any well or

borehole or commence commercial installation of any pump, the person

or firm shall file with the Board all data or information as the

Board may by rule require to assure the protection of the

groundwater in the well or borehole. After completion, the driller

Oklahoma Statutes - Title 82. Waters and Water Rights Page 202

shall file a completion report showing all such data together with a

log of the well and pumping test data if applicable.

G. 1. The Board may, after notice and hearing, impose on any

person administrative penalties of up to Five Thousand Dollars

($5,000.00) and may revoke, suspend or deny renewal of any license

or operator certification for each violation of the rules of the

Board regarding license or certification requirements, the

requirement to obtain a license or certification, or minimum

construction or installation standards. The administrative

penalties shall be deposited in the Well Drillers and Pump

Installers Remedial Action Indemnity Fund except as otherwise

provided in subsection E of this section.

2. In addition to imposing administrative penalties, the Board

may issue orders prohibiting actions by holders of valid licenses

and operator certifications and by persons who are required to

become licensed under the provisions of this section that constitute

violations of rules promulgated pursuant to this section and

requiring actions to remedy violations or other noncompliance with

minimum standards rules for the construction of wells and borings,

the plugging of wells and borings, and the commercial installation

of water well pumps.

H. If a respondent fails, refuses or neglects to comply with an

order of the Board to pay an administrative penalty or to take

certain action, the Board may present the matter to the Attorney

General who is empowered to take action to collect the

administrative penalty or to compel compliance with the order of the

Board. One-half (1/2) of all penalties collected by the Attorney

General shall be deposited in the Well Drillers and Pump Installers

Regulation Account established pursuant to subsection E of this

section and one-half (1/2) shall be deposited in the Attorney

General's Revolving Fund created in Section 20 of Title 74 of the

Oklahoma Statutes.

I. The Board is authorized to create a Well Drillers and Pump

Installers Advisory Council. The Board shall establish rules

stating the qualifications for membership and organization of the

Council. Meetings of the Council shall be held at the call of the

Executive Director of the Board. The Council shall have the

following duties:

1. To recommend rules to the Board, provided such written

recommendations have been concurred upon by a majority of the

membership of the Council; and

2. To review and recommend approval or denial of use of monies

in the Well Drillers and Pump Installers Remedial Action Indemnity

Fund for:

a. remedial actions to protect groundwater from pollution

or potential pollution from wells, or boreholes under

the jurisdiction of the Board which do not meet

Oklahoma Statutes - Title 82. Waters and Water Rights Page 203

minimum standards for construction or that have been

abandoned, and

b. inspections, licensing, the pursuit of enforcement

action with the proper authorities and education by

the Board.
Okla. Stat. tit. 82, § 82-640 — OK Code / Title 82 / Section 82-640
Collection of assessments - Duties of county officers -
Status: in_force

Delinquents.

The county treasurer of each county in which lands of the

district lie, shall make daily report to the county clerk of the

county of the sums collected by him, and it shall be the duty of the

county clerk on the first day of each month to issue his warrant

payable to the treasurer of the district for all sums in the hands

of the treasurer of the county, according to his report as

aforesaid. Said county clerk shall, as soon as the county

treasurer's books report the collections through October 31st, each

year, make a report to the treasurer of said district of the sums

collected and of the assessments not collected as returned to him by

the treasurer of the county.

All assessments or taxes provided for in this act, remaining

unpaid after they become due and collectable shall be delinquent and

bear a penalty of one per cent (1%) per month from the date of

delinquency until paid, and be enforceable by tax sale as a part of

the ad valorem tax charge each year.
Okla. Stat. tit. 82, § 82-1454 — OK Code / Title 82 / Section 82-1454
Renumbered as § 896.7 of this title by Laws 2016, c. 297,
Status: in_force

§ 27, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-607 — OK Code / Title 82 / Section 82-607
Hearing on appraisals
Status: in_force

Any property owner may accept the appraisals in his favor of

benefits, made by the appraisers, and shall be construed to have

done so unless he shall before the date set for hearing in the

notice by publication provided for in the preceding section, file

exceptions to said report or to any appraisals of benefits. All

exceptions shall be heard by the court, on the day set for hearing,

or in case of necessity on order of the court, beginning not less

than twenty (20) nor more than thirty (30) days after the date set

for the hearing herein, and determined in advance of other business

so as to carry out, liberally, the purposes and needs of the

district. The court may, if it deems necessary, return the report

to the Board of appraisers for their further consideration and

amendment, and enter its order to that effect, and new notice shall

be published as provided herein as to any changes made, but shall

not be necessary as to the whole report. If, however, the appraisal

roll as a whole is referred back to the appraisers, the court shall

not resume the hearing thereon, but new notice shall be given. But,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 100

the court may, without losing jurisdiction over the roll, or without

giving new notice, order the appraisers to recast the roll when the

order of the court specified the precise character of the changes

thereof.

The district, by its Board of directors and any property owner

may accept the appraisals of damages and of the value of lands to be

taken made by the appraisers by filing their written acceptance with

the proper court clerk. And if within thirty (30) days both the

district and the said owner or public or private corporation shall

not have filed written acceptance as above, the district, through

its Board of directors, shall bring condemnation proceedings to

acquire the rights appraised as provided for by the condemnation

laws of the state.
Okla. Stat. tit. 82, § 82-1123 — OK Code / Title 82 / Section 82-1123
Bonds issued pursuant to loan or purchase agreement with
Status: in_force

United States Government.

In the event any issue or series of bonds is issued under

authority of this act pursuant to a loan agreement or bond purchase

agreement with any agency of the United States Government, then and

in that event, notwithstanding any other provision of law, the board

of directors of the port authority may in any resolution authorizing

bonds hereunder provide for the initial issuance of one or more

bonds (in this section called "bond") aggregating the amount of the

entire issue; and may make such provision for installment payments

of the principal amount of any such bond as it may consider

desirable; and may provide for the making of any such bond payable

to bearer or otherwise, registrable as to principal or as to both

principal and interest, and where interest accruing thereon is not

represented by interest coupons, for the endorsing of payments of

interest on such bond. The board of directors of the port authority

may further make provision in any such resolution for the manner and

circumstances under which any such bond may in the future, at the

request of the holder thereof, be converted into bonds of smaller

denominations, which bonds of smaller denominations may in turn be

either coupon bonds or bonds registrable as to principal or

principal and interest.
Okla. Stat. tit. 82, § 82-569 — OK Code / Title 82 / Section 82-569
Contracts - Advertisement - Bond - Waiver of advertisement
Status: in_force

in emergency – District bidding process.

A. When it is determined to let the work of a master

conservancy district by contract, contracts in amounts to exceed One

Hundred Thousand Dollars ($100,000.00) shall be advertised after

notices calling for bids have been published once a week, for three

(3) consecutive weeks completed on date of last publication, which

shall not be less than fourteen (14) days from the first

publication, in at least one newspaper in each county, where any

part of the work under terms of the contract is to be performed.

The board may let the contract to the lowest and best bidder, who

shall give a good and approved bond, with ample security, equal in

amount to the total of the bid, conditioned on the carrying out of

the contract to completion, and shall file the bond and contract

with the secretary of the district in amount and conditions as

provided by law, conditioned on the carrying out of the contract.

The contract shall be in writing and shall be approved by the board

of directors and signed by the president of the board and by the

contractor. In the case of sudden emergency when it is necessary in

order to protect the district or when the board determines that the

contract must be implemented by a sole source or in any situation in

which the Public Competitive Bidding Act of 1974 would allow a state

agency to do so, the advertising of contracts may be waived.

B. The board of directors of any conservancy district may adopt

rules establishing a district competitive bidding process not in

conflict with the provisions of this section.Oklahoma Statutes - Title 82. Waters and Water Rights Page 3
Okla. Stat. tit. 82, § 82-1085.34 — OK Code / Title 82 / Section 82-1085.34
Unlawful acts
Status: in_force

It shall be unlawful to buy, sell, rent or lease from any

officer, board member or employee from funds authorized by this act.
Okla. Stat. tit. 82, § 82-1085.41 — OK Code / Title 82 / Section 82-1085.41
Investment certificates - Security and collateral
Status: in_force

In addition to the purposes outlined in Section 9 of this act,

all monies placed in the Statewide Water Development Revolving Fund

may be used by the Board for security and collateral for investment

certificates issued by the Board pursuant to Section 1085.33 of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 235

Title 82 of the Oklahoma Statutes. Furthermore, the Board is hereby

directed to manage and administer the Statewide Water Development

Revolving Fund so as to maintain a revolving fund balance adequate

to sufficiently back any and all outstanding investment

certificates.
Okla. Stat. tit. 82, § 82-1020.23 — OK Code / Title 82 / Section 82-1020.23
Taking and using marginal water to augment water
Status: in_force

supply.

A. The ability to take and use marginal water has the potential

to augment water supply in many areas of Oklahoma. Therefore, the

taking and use of marginal water in accordance with the Oklahoma

Groundwater Law and the rules of the Oklahoma Water Resources Board

shall be considered a beneficial use and not waste. Except as

provided for in this section and Sections 1020.15 and 1020.16 of

Title 82 of the Oklahoma Statutes, the provisions of this act shall

not apply to the taking and use of marginal water.

B. The Oklahoma Water Resources Board shall promulgate and

implement rules for the taking and use of marginal water, including

the well construction standards, well spacing, and water use

reporting. Rules related to well construction standards shall

ensure that the taking and use of marginal water shall not impair

any fresh water basins, and shall include, but not be limited to,

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

sealing the well.

C. Any use of marginal water 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

Statues.
Okla. Stat. tit. 82, § 82-1127 — OK Code / Title 82 / Section 82-1127
Powers of board of directors in connection with payment
Status: in_force

of principal and interest.

The board of directors of a port authority issuing bonds

pursuant to the provisions of this act is authorized to pledge for

the payment of principal of or interest on such bonds, all or any

part of the revenues to be derived from the managements and

operation of the buildings and facilities for the construction,

acquisition or improvement of which the bonds are issued; together

with any other available income and revenues from revenue producing

facilities of such port authority. In order to secure prompt

payment of the principal and interest, and the proper application of

revenues pledged thereto, the board of directors of such port

authority is authorized by appropriate resolution:

(a) To covenant as to the use and disposition of the proceeds

of the sale of such bonds;

(b) To covenant as to the operation of facilities and buildings

and the collection and disposition of the revenues derived from such

operation;

(c) To covenant as to the rights, liabilities, powers and

duties arising from the breach of any covenant or agreement into

which it may enter in authorizing and issuing the bonds;

(d) To covenant and agree to carry such insurance on the

buildings and facilities, and the use and occupancy thereof as may

be considered desirable and, in its discretion, to provide that the

cost of such insurance shall be considered a part of the expense of

operating the buildings and facilities;

(e) To vest in a trustee or trustees the right to receive all

or any part of the income and revenues pledged and assigned to or

for the benefit of the holder or holders of bonds issued hereunder

and to hold, apply and dispose of the same, and the right to enforce

any convenant made to secure the bonds; and to execute and deliver a

trust agreement or agreements which may set forth the powers and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 293

duties and the remedies available to such trustee or trustees and

may limit the liabilities thereof and prescribe the terms and

conditions upon which such trustee or trustees or the holder or

holders of the bonds in any specified amount or percentage may

exercise such rights and enforce any or all such covenants and

resort to such remedies as may be appropriate:

(f) To fix rents, charges and fees to be imposed in connection

with and for the use of the buildings, services and facilities of

such port authority, which rents, charges and fees shall be

considered to be income and revenues derived from the operation of

the buildings and facilities, and are hereby expressly required to

be fully sufficient to assure the prompt payment of principal and

interest on the bonds as each becomes due, and to make and enforce

such rules and regulations with reference to the use of the

buildings and facilities, as it may deem desirable for the

accomplishment of the purposes of this act;

(g) To covenant to maintain a maximum percentage of use and

occupancy of the buildings and facilities for revenue producing

purposes;

(h) To covenant against the issuance of any other obligations

payable from the revenues to be derived from the buildings and

facilities; and to covenant as to priority of resort to such

revenues between obligations of such port authority;

(i) All such agreements and covenants entered into by the board

of directors of such port authority shall be binding upon the board

and the authority, its agents and employees, and upon its successors

in interest; and all such agreements and covenants shall be

enforceable by appropriate action or suit at law or in equity, which

may be brought by any holder or holders of bonds issued hereunder or

in their behalf.
Okla. Stat. tit. 82, § 82-1085.28 — OK Code / Title 82 / Section 82-1085.28
Contracts with Secretary of Agriculture for repayment
Status: in_force

of water storage costs.

The Water Conservation Storage Commission of the State of

Oklahoma is hereby authorized to contract with the Secretary of

Agriculture, pursuant to the provisions of the Federal Watershed

Protection and Flood Prevention Act as amended (16 U.S.C. Sections

1001 - 1009), for the repayment of the cost for the storage of water

for anticipated future demands or needs included in any reservoir

structure, provided that the Commission determines that such

reservoir structure will be needed by the State of Oklahoma, or any

political subdivision thereof, or any municipality or other public

body to meet their future anticipated demands or needs for water.
Okla. Stat. tit. 82, § 82-110.11 — OK Code / Title 82 / Section 82-110.11
Appeals of orders
Status: in_force

Appeals of orders issued by the Oklahoma Water Resources Board

pursuant to this act, except emergency orders issued under

Oklahoma Statutes - Title 82. Waters and Water Rights Page 40

subsection B of Section 10 of this act, shall be taken pursuant to

Article II of the Administrative Procedures Act, Sections 205 et

seq. and 301 et seq. of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1105.1 — OK Code / Title 82 / Section 82-1105.1
Regulation of vehicles within area of jurisdiction -
Status: in_force

Rules - Enforcement.

A. The board of directors of a port authority shall have the

authority to establish rules for the regulation of the use of

vehicles within the real property under its direct control of the

port authority. The rules shall be consistent with the laws of this

state governing the operation of vehicles on public streets and

highways. Penalties for violation of these rules shall be no

greater than the penalties for the same or similar violations of

state law. The rules may include, but need not be limited to, the

following:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 283

1. The operation of vehicles within the jurisdiction of the

port authority including, but not limited to, speed, stopping, and

parking; and

2. The type, size, and weight of vehicles which may be operated

within the jurisdiction of the port authority.

B. The rules of the board of directors promulgated pursuant to

this subsection including any amendments shall be filed with the

county clerk and court clerk of each county in which the port

authority is located at least thirty (30) days prior to becoming

effective. Copies of the regulations shall be furnished to any

person desiring to travel within the jurisdiction of the port

authority upon request without charge.

C. The port authority shall post appropriate permanent signs at

every entrance to the jurisdiction of the port authority indicating

that the use of vehicles within the jurisdiction is subject to the

rules of the port authority. The port authority shall also post

appropriate permanent traffic control signs or devices including,

but not limited to, stop signs and speed limit signs. Such signs

shall be the same as or similar to signs used by the Oklahoma

Department of Transportation for the same or similar purposes.

D. Rules adopted by the port authority pursuant to this section

shall be enforced by the Oklahoma Highway Patrol.

E. The district court of the county in which the headquarters

of the port authority is located shall have jurisdiction to hear and

determine violations of the rules of the port authority in the same

manner as the same or similar violations of state law. Appeals from

decisions of the district court in cases involving violations of the

rules of the port authority promulgated pursuant to this section

shall be to the Court of Criminal Appeals in the same manner as the

same or similar violations of state law.

F. Nothing in this section shall be construed to alter or

prevent any concurrent or overlapping jurisdiction by other law

enforcement agencies or courts.
Okla. Stat. tit. 82, § 82-277.9 — OK Code / Title 82 / Section 82-277.9
Liens - Collection of delinquent assessments - Invalid
Status: in_force

assessments - Deeds.

A. 1. All assessments and all costs and expenses of collecting

them shall constitute a lien on the lands against which the

assessments have been levied. Such lien shall attach the date the

assessment certificate is filed in the office of the county

treasurer and shall continue until paid. Such lien shall be coequal

with the lien of ad valorem taxes and all other taxes and special

assessments and shall be prior and superior to all other liens.

2. Delinquent assessments to be collected by the county

treasurer pursuant to Section 277.7 of this title shall be collected

in the same manner and at the same time as delinquent ad valorem

taxes are collected. Any tax sale shall include all charges, and

such lien may be evidenced by any ad valorem tax sale certificate

including said charge substantially in the form required by law.

3. For delinquent assessments to be collected by the board

pursuant to Section 277.7 of this title, any actions by the board to

enforce a lien established pursuant to this section shall be

maintained in the same manner as actions to enforce a mortgage or

deed of trust.

B. If any assessment is declared invalid, the board shall

immediately amend all proceedings, remedy all defects or

irregularities and make and provide for the collection of new

assessments.

C. Unless expressly declared to the contrary, no warranty deed

or deed made pursuant to a judicial sale shall warrant against any

portion of any assessment or assessments levied pursuant to this

section except installments due before the date of such deed.
Okla. Stat. tit. 82, § 82-634 — OK Code / Title 82 / Section 82-634
Levy of assessments
Status: in_force

After the list of real property, with the appraised benefits as

approved by the court, or that part thereof from which no appeal is

pending has been filed with the secretary of the district, then from

time to time, as the affairs of the district demand it, the board of

directors shall levy on all real or other property upon which

benefits have been appraised, an assessment of such portion of said

benefits as may be found necessary by said board to pay the cost of

the execution of the official plan including superintendence of

construction and administration, plus ten percent (10%) of said

total, to be added for contingencies, but not to exceed, in the

total of principal, the appraised benefits so adjudicated. The said

assessment shall be apportioned to and levied on each tract of land

or other property in said district in proportion to the benefits

appraised, and not in excess thereof and in case bonds are issued as

provided herein and hereafter, then the amount of interest, which

will accrue on such bonds, as estimated by said board of directors,

shall be included in and added to the said assessment, but the

interest to accrue on account of the issuing of said bonds shall not

be construed as a part of the cost of construction in determining

whether or not the expenses and costs of making said improvements

are or are not equal to or in excess of the benefits appraised. As

soon as said assessment is levied, the board shall report it to the

court for confirmation. Upon the entry of the order of the court

confirming the assessment the clerk of the court shall transmit a

certified copy of said order to the governing or taxing body of each

political subdivision assessed and said governing or taxing body

shall receive and file the same. After the court has confirmed the

assessment, the secretary of the board of directors, at the expense

of the district, shall prepare in duplicate an assessment record of

the district.
Okla. Stat. tit. 82, § 82-869 — OK Code / Title 82 / Section 82-869
Sources for payment of obligations of district
Status: in_force

A. Any and every indebtedness, liability or obligation of the

district, for the payment of money, however entered into or

incurred, and whether arising from contract, implied contract or

Oklahoma Statutes - Title 82. Waters and Water Rights Page 154

otherwise, shall be payable solely (1) out of the revenues received

by the district in respect of its properties, or other accounts held

for the payment and security thereof, subject to any prior lien

thereon conferred by any resolution or resolutions theretofore

adopted as in Section 861 et seq. of this title provided,

authorizing the issuance of bonds or (2), if the Board shall so

determine out of the proceeds of sale or issuance by the district of

bonds or bond anticipation notes payable solely from such revenues

or such other amounts, or such credit or liquidity support as may be

obtained by the district for such purposes, repayable solely from

such revenues or other amounts.

B. Notwithstanding the provisions of this section, the district

is hereby authorized to accept state appropriations to pay any

lease-purchase obligations for property purchased from the sale of

bonds as provided by law in Section 301 et seq. of Title 73 of the

Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1087.7 — OK Code / Title 82 / Section 82-1087.7
Necessity for licenses and permits
Status: in_force

Except as provided in Section 8 of this Act, no person,

corporation or institution shall engage in activities for weather

modification and control except under and in accordance with a

license and a permit issued by the Board authorizing such

activities.
Okla. Stat. tit. 82, § 82-1021.4 — OK Code / Title 82 / Section 82-1021.4
Content of petition
Status: in_force

The petition shall be signed by the petitioners, filed with the

county commissioners of a petitioning county and the county

commissioners of a participating adjacent county within the proposed

district, and shall contain the following information:

1. A specific description of the county or counties within the

proposed district;

2. The names and addresses of all of the permit holders who

have signed the petition within the proposed district as reflected

by the permit records of the Oklahoma Water Resources Board;

3. The proposed plan of organization, operation and such

additional data and information required by rules of the Board; and

4. A request that the district be organized.
Okla. Stat. tit. 82, § 82-667 — OK Code / Title 82 / Section 82-667
Annexation of additional land to a master conservancy
Status: in_force

district.

Additional territory may be annexed to a master conservancy

district in the following manner:

(a) A petition praying for such annexation signed by fifty or a

majority of the qualified voters residing in the territory and who

own taxable property therein, and who duly rendered the same for

taxes to the county or counties, (if not situated within a city or

Oklahoma Statutes - Title 82. Waters and Water Rights Page 124

town), shall be filed with the board of directors of the master

conservancy district. The petition shall describe the territory by

metes and bounds or by other appropriate description, unless such

territory is the same as that of a city or town, in which event it

shall be sufficient to state that the territory to be annexed is the

same as that which is contained within such city or town.

(b) If the board of directors finds that the petition is signed

by the required number of qualified persons and otherwise complies

with the foregoing subsection, that the annexation would be to the

interest of the territory and the master conservancy district, and

that the master conservancy district will be able to render service

to the territory, it shall, provided a majority of all the board

members vote in favor thereof, adopt a resolution stating the

conditions, if any, under which such territory may be annexed to the

master conservancy district, and declaring its intention to call an

election in the territory for the purpose of submitting the

proposition of whether or not such territory shall be annexed to the

master conservancy district, and fixing a time and place when and

where a hearing shall be held on the question of whether the

territory will be benefited by the improvements, works and

facilities then owned and operated by the master conservancy

district. Railroad right-of-way, transmission lines and other

property of telephone and telegraph and electric and gas utilities

which are not situated within the defined limits of an incorporated

city or town that will not be benefited by improvements, works and

facilities which the master conservancy district is authorized to

construct; therefore, no railroad right-of-way, or transmission

lines, or other property of electric and gas utilities or right-of-

way or other property and facilities of telephone and telegraph

utilities shall thereafter be annexed to the master conservancy

district except such right-of-way, transmission lines and other

property of electric and gas utilities as are contained within the

limits of an incorporated city or town then or thereafter annexed to

the master conservancy district.

(c) Notice of the adoption of such resolution stating the time

and place of such hearing, addressed to the citizens and owners of

property in such territory shall be published once each week for

three (3) consecutive weeks in a newspaper designated by the board

of directors and having a general circulation in the territory, the

last publication to be at least ten (10) days prior to the date of

such hearing. The notice shall describe the territory in the same

manner as hereinabove required or permitted for the petition. If no

newspaper is published in the territory to be annexed, it shall be

sufficient if notices are posted at five public places therein and

published as aforesaid in a newspaper having general circulation in

the territory. The secretary shall also mail notice of such hearing

Oklahoma Statutes - Title 82. Waters and Water Rights Page 125

addressed to the Mayor and governing body of each constituent city

at least thirty (30) days prior to the hearing.

(d) All interested persons who reside in the master conservancy

district or in the territory seeking annexation may appear at such

hearing and offer evidence for or against the intended annexation.

Such hearing shall proceed in such order and under such rules as may

be prescribed by the board of directors, and the hearing may be

recessed from time to time. If at the conclusion of the hearing,

the board of directors finds that all or a part of the lands in such

territory will be benefited by the present or contemplated

improvements, works or facilities of the master conservancy

district, it shall adopt a resolution calling an election in the

territory to be annexed, stating therein the date of the election,

the place or places of holding the same and appointing a presiding

judge for each voting place, who shall appoint the necessary

assistant judges and clerks to assist in holding the election.

(e) Notice of said election, stating the date thereof, the

proposition to be voted upon and the conditions under which the

territory may be annexed, or making reference to the resolution of

the board of directors for that purpose, and the place or places for

holding the same, shall be published once each week for three (3)

consecutive weeks in a newspaper published in the territory to be

annexed and designated by the board of directors, the last

publication to be at least ten (10) days before the day set for the

election. If no newspaper is published in the territory to be

annexed, it shall be sufficient if notices are posted at five public

places therein and published as aforesaid in a newspaper having

general circulation in the territory.

(f) Only qualified electors who reside in such territory, who

own taxable property therein, and who have duly rendered the same

for taxes to the county or counties, in which it is situated (if not

situated within a city or town), shall be qualified to vote in said

election. Returns of said election shall be made to the board of

directors.

(g) The board of directors shall canvass the returns of the

election and adopt a resolution declaring the results thereof. If

such resolution shows that a majority of the votes cast are in favor

of annexation to the master conservancy district, such annexation

shall thereafter be incontestable except in the manner and within

the time for contesting elections under the general election laws. A

certified copy of said order shall be recorded in the deed records

of the county and/or counties in which a territory is situated.

(h) In calling an election on the proposition for annexation of

territory, the board of directors may include as a part of the same

proposition the assumption of its part of any obligations of the

master conservancy district then outstanding and in force, and, in

the case of bonds, those theretofore voted but not yet sold, and for

Oklahoma Statutes - Title 82. Waters and Water Rights Page 126

the levy of ad valorem taxes on taxable property in said territory

on the same basis as taxes are levied in the remainder of the master

conservancy district for the payment of such tax obligations. If

the proposition thus submitted carries by a majority vote, the

effect thereof shall be the same as that resulting from the separate

assumption election provided for in the next succeeding subparagraph

(i).

(i) After territory is added to the master conservancy district,

the board of directors of the master conservancy district shall call

an election over the entire master conservancy district for the

purpose of determining whether the entire master conservancy

district as enlarged shall assume the taxes and obligations then

outstanding and in force, and, in the case of bonds, those

theretofore voted but not yet sold, and whether ad valorem taxes

shall be levied, on the basis of benefits, upon all taxable property

within the master conservancy district as enlarged for the payment

thereof, unless such proposition is favorably voted along with the

annexation election and becomes lawfully binding upon the territory

annexed. Notice of the elections provided for in this and the next

preceding subparagraph (h) shall be given and said election shall be

held in the same manner as elections for the issuance of bonds as

provided in the Conservancy Act of Oklahoma.
Okla. Stat. tit. 82, § 82-105.26 — OK Code / Title 82 / Section 82-105.26
Certificate of completion
Status: in_force

When the works are found in satisfactory condition, after

inspection, the Board shall issue a certificate of completion of

construction, setting forth the actual capacity of the works and

such limitations upon the water right as shall be warranted by the

condition of the works, but in no manner extending the rights

described in the permit.
Okla. Stat. tit. 82, § 82-110.5 — OK Code / Title 82 / Section 82-110.5
Oklahoma Water Resources Board - Powers and duties
Status: in_force

The Oklahoma Water Resources Board, in addition to other powers

and duties as provided by law, shall have the following powers and

duties:

1. To promulgate rules necessary to carry out the provisions of

this act, including but not limited to rules relating to hazard and

size classifications, minimum standards for design, operation and

maintenance of dams, and fee schedules for inspections and other

services provided to carry out the dam safety program authorized by

this act;

2. To review and grant or deny applications to approve plans

and specifications for construction of new dams and modifications of

existing dams, based on the applicable minimum standards adopted

provided that an owner who proposes to construct a new dam

classified as having a low hazard potential that will be used

primarily for agriculture purposes, and will be designed or

constructed with the assistance of a local conservation district or

federal agriculture related agency, shall be required only to notify

the Board of such construction;

3. To supervise and oversee construction of new dams and

modifications of existing dams;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 37

4. To inspect existing dams and dams under construction in

accordance with the following requirements:

a. dams classified as having a high hazard potential

shall be inspected at least once annually,

b. dams classified as having a significant hazard

potential shall be inspected at least once every three

(3) years, and

c. dams classified as having a low hazard potential shall

be inspected at least once every five (5) years;

provided, that the Board shall accept an inspection report of a

registered professional engineer having practical experience in the

analysis, design and construction of dams and employed or retained

by the owner for dams classified as high or significant hazard

potential, or by an engineer employed by any United States

governmental agency acting in an official capacity, and provided

further, for dams classified as low hazard potential, the Board may

exempt such inspections as set forth in its rules and may accept an

inspection report of a person trained in inspecting dams and who is

employed or retained by the owner. Fees for such inspections

conducted by the Board and for reviewing inspection reports prepared

by others shall be as set forth in rules promulgated by the Board;

5. To require maintenance, repairs and modifications of

existing dams as necessary, including compliance schedules, so that

minimum standards can be met;

6. To have reasonable access to public and private property for

the purpose of inspecting and investigating conditions related to

dams and to require that records of owners of dams be inspected and

copied;

7. To cooperate with agencies of federal, state and local

governments and private persons, including but not limited to the

Oklahoma Conservation Commission and local conservation districts,

in carrying out its duties under this act;

8. To disseminate information about the dam safety program; and

9. To exercise all incidental powers which are necessary and

proper to carry out the purposes of this act.
Okla. Stat. tit. 82, § 82-561 — OK Code / Title 82 / Section 82-561
Appointment of directors - Election of successors
Status: in_force

Within thirty (30) days after entering the decree incorporating

said district, the judge having jurisdiction shall call an election

of a temporary board of directors, and cause notice thereof to be

given by publication thereof in each county in which lands of the

district are situated, the last insertion to be not less than thirty

(30) nor more than sixty (60) days before the date of such meeting,

calling a meeting of all of the owners of land within the district

at a day and hour specified, at some place in the judicial district

in which the district was organized, for the purpose of electing a

temporary board of three (3) directors who shall be residents within

a county in which the district is located and shall be owners of

land within the district; provided, that not more than one director

shall be chosen from any one county affected by the district, if

there are more than two counties affected by the district. The

district judge shall conduct the election and at such election each

Oklahoma Statutes - Title 82. Waters and Water Rights Page 83

and every owner of any land within the district shall be entitled to

one vote for each director, in person or by proxy in writing, duly

signed and verified by affidavit. The owners of land voting in such

election, either in person or by proxy, shall constitute a quorum

for the purpose of holding such election. The directors elected

shall serve until the first permanent board of directors is elected,

as hereinafter provided.

Within twenty (20) days after the confirmation of appraisements

of benefits for said district, the court clerk of the district court

in which the petition has been filed, or to which it has been

assigned, shall give notice, as heretofore provided, calling a

meeting of the owners of all the lands on which appraised benefits

have been confirmed situated in said district, at a day and hour

specified at some public place in the judicial district in which the

district was organized, for the purpose of electing a permanent

board of three (3) directors who shall be residents within a county

in which the district is located and shall be owners of land on

which appraised benefits have been confirmed. The president of the

temporary board of firectors shall, in open court and under the

supervision of the district judge, conduct the election, and at such

election each and every owner of any lands on which appraised

benefits have been confirmed shall be entitled to one vote for each

director, in person or by proxy in writing duly signed and verified

by affidavit. Said election shall be for terms of one (1), two (2)

and three (3) years, and thereafter the terms of directors shall be

three (3) years from the date of said election and they shall serve

until their successors shall have been elected and qualified as

hereinbefore provided.

Each year the court clerk of the district court shall give

notice, as heretofore provided, for the yearly election of the

Director whose term expires. The director with the longest term

left shall, in open court and under the supervision of the district

judge, conduct the election.

The Oklahoma Water Resources Board at any election or meeting

may represent the State of Oklahoma and shall have the right to vote

for directors or in any matter that shall come up properly before

any election or meeting to the extent of the assessment against land

owned by the state in such district, which vote may be cast by any

person designated by said Oklahoma Water Resources Board; guardians

may represent their wards, executors and administrators may

represent estates of deceased persons, and private corporations may

be represented by their officers or duly-authorized agents; and any

city, county or municipality may be represented by its officers or

agents duly-authorized.

The owners of land on which appraised benefits have been

confirmed, voting in the election of a permanent board of directors,

either in person or by proxy, shall constitute a quorum for the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 84

purpose of holding such election or any election thereafter. The

persons receiving a majority of the votes cast in any election shall

be elected, and the district judge under whose supervision the

election is held shall make and enter an order setting forth the

results of said election, naming the elected Directors and

specifying their respective terms.

Any director appointed or elected may be removed by the district

judge having jurisdiction of the conservancy district, for

dishonesty, incompetency or failure to perform the duties imposed

upon him by this chapter, and any vacancies which may occur in any

office shall be filled by appointment by the district judge having

jurisdiction of the district for the unexpired term of said

Director, such appointee to be qualified as herein set forth.
Okla. Stat. tit. 82, § 82-666 — OK Code / Title 82 / Section 82-666
Other improvements may come under act - Procedure
Status: in_force

Any territory in which a proceeding has been instituted or is

pending for construction of a single or joint or interstate, or

county ditch, or township ditch, or underground drain, or levee, or

county sewer, or for the cleaning of drains and water courses, or

for the removal of drifts, or for the drainage of marshes; or for

any sewer district outside of a municipality, or organized under any

other law of this state, may become a district or subdistrict under

this act, or may be absorbed in and amalgamated with any district

organized under the terms of this act in the following manner:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 123

When the officials in charge of any such improvement, or in the

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

may desire to annex or absorb such territory, petition the court in

which such district was organized under this act, or the court

having jurisdiction over all or part of the territory affected by

the proceedings which is desired to bring under this act, for an

order making the territory affected by any of the improvements above

noted a district or subdistrict under the terms of this act, or for

amalgamating such territory with an existing district, organized

under the terms of this act, the court clerk shall give notice of

the pendency of said petition and of a hearing thereon in the same

manner as herein provided for notice and hearing on a petition for

the organization of a district under this act. At the time of such

hearing the court shall hear the evidence and shall grant the

petition or deny the same, as seems most advantageous to all the

interests affected thereby.

The court, in its order shall specify whether such territory

shall be organized into a district or subdistrict under the terms of

this act, or whether it shall be absorbed in or amalgamated with an

existing district, organized under this act. Thereafter the

territory affected by said order and the improvements for which said

territory was assessed, or for which contracts have been let

therein, shall be subject to the terms of this act, and all such

orders and procedure shall be had, as are necessary for fulfilling

the requirements of this act; provided, that no order of the court

shall be made under this section, which shall lessen the security of

any issue of bonds or other obligations issued under the terms of

this or any other statute.

If a proceeding sought to be joined to or amalgamated with a

proceeding under this act is under the jurisdiction of a district

court other than the one having jurisdiction of the district

organized under this act, then at such hearing the district judge or

judges of the county or counties in which such ditch or other

improvements is located shall sit with the judge in whose county the

district was established under this act, and a majority of those

sitting shall be necessary to a decision; and from such decision or

from a failure to decide appeal may be taken.
Okla. Stat. tit. 82, § 82-105.25 — OK Code / Title 82 / Section 82-105.25
Notice of completion - Inspection
Status: in_force

On the date set for the completion of the work, or prior

thereto, upon notice from the owner that the work has been

completed, the Board shall cause the work to be inspected after due

Oklahoma Statutes - Title 82. Waters and Water Rights Page 31

notice to the owner of the permit. Such inspection shall be

thorough and complete, in order to determine the actual capacity of

the works, their safety and efficiency. If not properly and safely

constructed, the Board may require the necessary changes to be made

within a reasonable time and shall not issue a certificate of

completion until such changes are made. Failure to make such

changes within the time required by the Board shall cause the

postponement of the priority under the permit for such time as may

elapse from the date for completing such changes until made to the

satisfaction of the Board and applications subsequent in time shall

have the benefit of such postponement of priority; provided, the

Board may accept the report of inspection by a registered

professional engineer.
Okla. Stat. tit. 82, § 82-571.1 — OK Code / Title 82 / Section 82-571.1
Condemnation for easement purposes - Damages
Status: in_force

When the board of directors of a conservancy district determines

that a lesser estate is needed for flood control purposes than fee

simple absolute, the board shall have the right to condemn for

easement purposes an easement as may be required.

In such cases, the measure of damages payable to a landowner

shall be the difference in the fair market value of the entire tract

with the easement and the fair market value of the entire tract

without the easement. Commissioners or jurors shall take into

consideration in assessing damages for permanent inundation or for

flowage easements for intermittent inundation of land, the estimated

or anticipated frequency of inundation, the value of the remnant of

the estate for landowner's agricultural or other economic use, and

such other relevant factors as may be ascertained or anticipated by

reasonable evaluation.
Okla. Stat. tit. 82, § 82-505 — OK Code / Title 82 / Section 82-505
State Board to control district - Redress accorded persons
Status: in_force

injuriously affected.

Upon the creation of any such conservancy district, as herein

provided, the Conservation Commission of the State of Oklahoma,

shall have authority and is hereby empowered and authorized to take

such action as is deemed necessary by said Commission to properly

carry out the intention and purpose of Chapter 70, Article 5,

Oklahoma Statutes of 1931, as amended by House Bill No. 84, of the

Fifteenth Legislature of the State of Oklahoma, and said Commission

or any member thereof, its servants, agents and employees shall have

the right of ingress and egress upon all property comprising said

conservancy district; provided, that any person, firm or

corporation, private or public, who shall consider itself or himself

injuriously affected in any manner whatsoever by any act performed

by any official or agent of said Commission may seek redress

Oklahoma Statutes - Title 82. Waters and Water Rights Page 62

according to subsection (L), Section 6, House Bill No. 84, of the

Fifteenth Legislature of the State of Oklahoma.
Okla. Stat. tit. 82, § 82-105.17 — OK Code / Title 82 / Section 82-105.17
Reversion of water to public — Annual report of water
Status: in_force

use by permit holders.

A. To the extent that the water authorized is not put to

beneficial use as provided by the terms of the permit, that amount

not so used shall be forfeited by the holder of the permit and shall

become public water and available for appropriation.

B. When the party entitled to the use of water commences using

water but thereafter fails to beneficially use all or any part of

the water claimed by him or her, for which a right of use has been

vested for the purpose for which it was appropriated for a period of

seven (7) continuous years, such unused water shall revert to the

public and shall be regarded as unappropriated public water.

C. Permit holders shall report their annual water use to the

Oklahoma Water Resources Board in a manner provided by the Board.

The water use report shall provide the permit holder an opportunity

to explain any nonuse of the water allocated by the permit. In

addition to the procedure for individual proceedings provided for in

Section 105.18 of this title, the Board is authorized to promulgate

rules for reporting stream water used and the approval of excused

nonuse of stream water.

D. Failure to report annual water usage may result in

cancellation of the permit by the Board upon proper notice and

hearing as provided in Section 105.18 of this title.
Okla. Stat. tit. 82, § 82-549 — OK Code / Title 82 / Section 82-549
Amendment of district boundaries to include other
Status: in_force

necessary lands - Validation.

Any time subsequent to the entry of the decree creating the

district, and prior to the filing of the report of the board of

appraisers, land situated outside of the district boundaries,

necessary to accomplish the purposes of the district, may be

included within the boundaries of said district. Said lands may be

included within the boundaries of said district, by the filing, with

the court having jurisdiction of said district, a petition, signed

by owners of at least fifty-one percent (51%) of the land area and

by not less than fifty-one percent (51%) of the landowners in the

area proposed to be added to the said district. Proceedings of said

petition shall conform to the proceedings to create a district as

provided in this title. Upon said hearing, if the court finds that

said land is reasonably necessary to be included within said

district to accomplish the purposes for which said district was

originally created, the court shall amend the boundaries of the

district to include said land.

Any amendments to the boundaries of a district heretofore made

by a court having jurisdiction thereof according to the procedure

herein provided are hereby validated.
Okla. Stat. tit. 82, § 82-926.13 — OK Code / Title 82 / Section 82-926.13
Renumbered as § 2-6-104 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-563 — OK Code / Title 82 / Section 82-563
Quorum
Status: in_force

A majority of the directors shall constitute a quorum, and a

concurrence of the majority in any matter within their duties shall

be sufficient for its determination.
Okla. Stat. tit. 82, § 82-675 — OK Code / Title 82 / Section 82-675
Officials removed for cause
Status: in_force

Any director or appraiser of any district organized under this

act may be removed for cause upon a motion filed in the original

case where said district was organized after a hearing.
Okla. Stat. tit. 82, § 82-888 — OK Code / Title 82 / Section 82-888
Distribution of copies of resolution
Status: in_force

That a copy of this resolution be transmitted to the President

of the United States, the Secretary of the United States Senate and

the Clerk of the House of Representatives of the United States, and

to each member of Congress, from the State of Oklahoma and to the

Commandant of the United States Coast Guard, Washington, D.C.
Okla. Stat. tit. 82, § 82-1501-202 — OK Code / Title 82 / Section 82-1501-202
Renumbered as § 3-2-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-574 — OK Code / Title 82 / Section 82-574
Passing equipment through bridge or grade - Notice to
Status: in_force

owner.

In case it is necessary to pass any dredge boat or other

equipment through a bridge or grade of any railroad company or other

corporation, county, township, or municipality, the board of

directors shall give thirty (30) days' notice to the owner of said

bridge or grade that the same shall be removed temporarily to allow

the passage of such equipment or that an agreement be immediately

entered into in regard thereto. The owner of said bridge or grade

shall keep an itemized account of the cost of the removal and if

necessary, of the replacing of said bridge or grade, and said actual

cost shall be paid by the district. In case the owner of said

bridge or grade shall refuse to provide for the passage of said

equipment, the board of directors may remove such bridge or grade at

Oklahoma Statutes - Title 82. Waters and Water Rights Page 94

its own expense, interrupting traffic in the least degree consistent

with good work and without delay or unnecessary damage. In case

they shall be prevented from doing so, the owner of said bridge or

grade shall be liable for all damage caused by the resulting delay.
Okla. Stat. tit. 82, § 82-1087.15 — OK Code / Title 82 / Section 82-1087.15
Permit fees
Status: in_force

The fee to be paid by each applicant for a permit shall not

exceed Twenty-five Dollars ($25.00).
Okla. Stat. tit. 82, § 82-1133 — OK Code / Title 82 / Section 82-1133
Public bids for bonds sold
Status: in_force

All bonds sold hereunder shall be awarded to the best bidder,

based upon an open competitive public offering. Notice of sale of

such bonds shall be advertised at least fourteen (14) days in

advance of the time of receiving bids and said notice shall appear

at least once a week for two (2) successive weeks in a newspaper of

general circulation in the county where the principal office of the

port authority is located. No bonds shall be sold for less than par

value.
Okla. Stat. tit. 82, § 82-632 — OK Code / Title 82 / Section 82-632
Preliminary work, loans for
Status: in_force

In order to facilitate the preliminary work, which shall

include, but not be limited to, the preparation of the official

plan, the appraisals and the cost of administration incidental

thereto, the board, by resolution, may borrow money at a rate of

interest not exceeding six percent (6%), per annum, evidenced by

interim bonds or notes of the district payable not later than five

(5) years from the date thereof, which resolution shall provide for

the levy and collection of an assessment against all property

included in the district for the payment of the principal and

interest on maturity. Provided, the total amount of money so

borrowed with interest shall not exceed twenty-five cents ($0.25)

per acre of all lands embraced in the project, and any such interim

bonds or notes issued in excess thereof shall be void, but such

board shall not issue interim bonds or notes to borrow money as

provided above, until such board has been authorized by the court

having jurisdiction of such district, after a public hearing, to

issue such interim bonds or notes. Notice by publication, setting

forth the purpose, time and place of said hearing shall be given by

the Clerk of such court. Upon said hearing if it appears that it is

necessary to fulfill the purposes of such district to borrow money

as set forth in the application to the court, the court shall enter

an order to such effect. If said interim bonds or notes shall not

have been paid, or refunded by the issuance of bonds or notes for

completion of the project prior to the time for the levy and

collection of the assessment for payment of the principal and

interest thereof, such an assessment shall be levied and collected

to pay said principal and interest as hereinabove in this title

provided.
Okla. Stat. tit. 82, § 82-541.1 — OK Code / Title 82 / Section 82-541.1
Board of directors - Federal contracts
Status: in_force

The board of directors of any conservancy district or master

conservancy district, notwithstanding any other provision of this

chapter, and in addition to all other powers conferred by law,

hereby is authorized and empowered to enter into any contract or

contracts with the duly-constituted authorities of the federal

government under and pursuant to the provisions of Act of Congress

approved June 17, 1902, 32 Stat. at Large 388, and Acts amendatory

thereof and supplementary thereto (43 U.S.C. Sections 371 - 611),

and is further authorizied and empowered to qualify as a "local

organization" as defined in the Watershed Protection and Flood

Prevention Act, as amended (68 Stat. 666, 70 Stat. 1088), and to

cooperate with the Secretary of Agriculture of the United States in

carrying out, maintaining, and operating the works of improvement

authorized by said Act, for the accomplishment of the purposes of

the district, and by such contract or cooperation to enter into such

stipulations and undertakings, assume such duties, establish and

enforce such regulations, make such conveyances and assignments,

establish such tolls, rates, prices, charges, rentals and

assessments, and conform to and enforce such regulations of the

Department of the Interior, or such regulations, policies and

procedures of the Secretary of Agriculture, pursuant to the

aforesaid Federal Acts, as to enable said district to secure the

benefits of said Federal Acts. The board is hereby further

authorized and empowered to negotiate and contract with any other

federal or state agency and/or any other public entity in matters

relating to waters of the district. For the purpose of such

contract or contracts, the board of directors hereby is vested with

all powers necessary and requisite to comply with the conditions and

requirements of said Federal Legislation, and of regulations

Oklahoma Statutes - Title 82. Waters and Water Rights Page 76

promulgated thereunder; and no provision or limitation contained in

this Chapter which shall be in conflict with the provisions of such

contract or terms of cooperation shall apply to any contracting

district, nor shall they impair or limit the power and authority

herein conferred. And such contract or terms of cooperation further

may provide that they shall remain in force until the district has

fully discharged all obligations incurred to the United States or

the State of Oklahoma or its agencies thereunder. Providing,

however, no contract shall be made conveying the title or use of any

waters of the State of Oklahoma to any person, firm, corporation or

other state or subdivision of government, for sale or use in any

other state, unless such contract be specifically authorized by an

act of the Oklahoma Legislature and thereafter as approved by it.
Okla. Stat. tit. 82, § 82-1085.53 — OK Code / Title 82 / Section 82-1085.53
Creation of account - Composition - Purpose -
Status: in_force

Investment.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 241

A. Within the Water Resources Fund created pursuant to Section

1085.33 of this title, there is hereby created the "Clean Water

State Revolving Fund Loan Account". The account shall be set apart

as a permanent and perpetual account not subject to fiscal year

limitations and shall consist of:

1. All monies received pursuant and subject to the restrictions

of the federal Water Quality Act of 1987 which are eligible for use

in state revolving loan funds established to meet the requirements

of that act;

2. Monies appropriated to the account;

3. Payments of principal and interest and penalty payments on

loans made directly from federal grant monies and state-appropriated

monies in the account;

4. Payments of principal and interest and penalty payments on

loans made from the proceeds of the sale of investment certificates

in the account or as may be provided in applicable bond resolutions

or indentures as appropriate;

5. All income from the investment of monies held in the account

consistent with applicable bond resolutions or indentures as allowed

by the federal Water Quality Act of 1987;

6. Proceeds from the sale of investment certificates issued to

provide water quality project loans pursuant to the provisions of

the Clean Water State Revolving Fund Program except as otherwise

provided by the applicable bond resolutions or indentures as

appropriate; and

7. Any other sums designated for deposit to the account from

any source, public or private.

B. The Clean Water State Revolving Fund Loan Account shall

remain available in perpetuity for providing financial assistance in

accordance with the federal Water Quality Act of 1987.

C. The monies in the Clean Water State Revolving Fund Loan

Account shall be used for the purpose of making loans to eligible

entities pursuant to the provisions of the Clean Water State

Revolving Fund Program or for such other purposes authorized by the

federal Water Quality Act of 1987.

D. The monies placed in the Clean Water State Revolving Fund

Loan Account shall 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, in the manner consistent with the provisions of the federal

Water Quality Act of 1987. Monies invested by the State Treasurer

shall be available to meet program needs for funding as established

by the Board.

E. Notwithstanding the provisions of Section 1085.39 of this

title, the Board shall not use funds in the Clean Water State

Oklahoma Statutes - Title 82. Waters and Water Rights Page 242

Revolving Fund Loan Account established in the Water Resources Fund

to make grants.
Okla. Stat. tit. 82, § 82-1085.22 — OK Code / Title 82 / Section 82-1085.22
Sale, transfer or lease of storage facilities
Status: in_force

For the purpose of providing water for municipal, agricultural,

industrial and other uses the Commission is required to sell,

transfer or lease, in whole or in part, any acquired storage

facilities including land or interests therein to any municipality,

industry or other local interests, upon the request of the

contracting party at the conclusion of the pay-out of the storage,

except that any such party requesting title shall be responsible for

Oklahoma Statutes - Title 82. Waters and Water Rights Page 223

the pro rata part of the maintenance and operation costs of such

storage. In no event shall the Commission require any payment for

such transfer in excess of the costs to the Commission of the

construction and operation of the storage facility and the interest

on obligations of the Commission. The Commission shall not permit

the sale or resale of any water for use outside the State of

Oklahoma. Where lands or interest therein are acquired by the

Commission and not utilized for the purposes for which it was

acquired, or which have been utilized but such utilization has

ceased, then, after ten (10) years from the date of acquisition, or

ten (10) years from the date utilization ceased, as the case may be,

such land must be sold at public auction to the highest bidder; and

mandamus by any interested party will be to require such sale.
Okla. Stat. tit. 82, § 82-1020.9B — OK Code / Title 82 / Section 82-1020.9B
Moratorium on municipalities and other political
Status: in_force

subdivisions - Prohibition of contract or agreement for use of

groundwater from sensitive sole source groundwater basin.

A. A moratorium is hereby established on any municipality or

other political subdivision of this state prohibiting any such

entity from entering into a contract or other agreement which would

lead to municipal or public water supply use of groundwater from a

sensitive sole source groundwater basin as defined in Section 1 of

this act. Said moratorium shall apply only to municipalities or

political subdivisions which are located outside of any county that

overlays in whole or in part said basin or subbasin.

B. Said moratorium shall be in effect until such time as the

Oklahoma Water Resources Board conducts and completes a hydrological

study and approves a maximum annual yield that will ensure that any

permit for the removal of water from a sensitive sole source

groundwater basin will not reduce the natural flow of water from

springs or streams emanating from said basin or subbasin.
Okla. Stat. tit. 82, § 82-1324.24 — OK Code / Title 82 / Section 82-1324.24
Validating provisions
Status: in_force

The creation of all districts and all acts and proceedings taken

in the creation thereof and all acts and things done by said

districts, pursuant to the provisions of this act are hereby

validated; and from and after the effective date of this act all

such previously created districts shall be deemed to have been

created, and all acts and things done by such previously created

districts, henceforth shall be deemed to have been pursuant to and

subject to the provisions of this act.
Okla. Stat. tit. 82, § 82-896.12 — OK Code / Title 82 / Section 82-896.12
Construction of act
Status: in_force

A. Nothing in the Scenic Rivers Act shall be construed to

unduly restrict or adversely affect the use of property within any

scenic rivers basin for farming, ranching, forestry, silviculture

and other agricultural uses so long as they are not inconsistent

with the purposes of the Scenic Rivers Act.

B. Present farming, ranching, forestry, silviculture and other

agricultural uses and practices, including existing building and

replacement structures, are hereby exempt from the provisions of the

Scenic Rivers Act.

C. The Scenic Rivers Act shall not be construed in any way to

affect existing rights between a landowner and utility or pipeline

companies.
Okla. Stat. tit. 82, § 82-502 — OK Code / Title 82 / Section 82-502
Organization of districts - Petition - Notice
Status: in_force

When in the opinion of the Conservation Commission of the State

of Oklahoma, the organization of irrigation, flood control,

reforestation and/or soil erosion prevention districts is necessary

and expedient to effect the purposes and intentions of House Bill

No. 84, of the Fifteenth Legislature and all laws to which said act

is cumulative, said Commission may perfect the organization of said

district or districts by filing with the court hereinafter

prescribed a petition alleging the necessity of said district,

describing with common certainty the area proposed to be included

therein and praying for an order of the court directing the

formation and organization thereof. Upon the filing of such

petition, without affidavit or further pleading, the clerk of such

court shall give notice to all persons interested in or affected by

the formation of any such district by publication once a week for

two successive weeks in a newspaper, published in the county seat of

each county in which any part of the proposed district is located.

Said notice shall run in the name of the State of Oklahoma, shall be

district" and shall be addressed "To all persons interested" in the

formation thereof; said notice shall recite the filing of such

petition and describe with common certainty the area proposed to be

included in such district and shall notify all persons interested or

affected by the organization of such district to appear in not less

than fifteen (15) days after the date of the first publication of

said notice and show cause, if any they have, why such district

should not be organized.

(a) In cases where all of said proposed district lies within

one county, the petition for the organization thereof shall be filed

with the district court of such county and where the proposed

district lies in more than one county, but within one judicial

district, such petition may be filed in either county of such

judicial district.

(b) In cases where the proposed conservancy district lies in

more than one judicial district, the petition for the formation

thereof shall be filed in the Supreme Court of the State of

Oklahoma. When such petition is filed in the Supreme Court of the

State of Oklahoma, the clerk shall docket the same as an original

action in such Court and the Supreme Court or any member thereof,

shall forthwith determine which district court of this state is more

conveniently near the center or middle of said proposed district and

can hear and determine said petition to the greatest convenience of

the people within said district, having in view the customary route

Oklahoma Statutes - Title 82. Waters and Water Rights Page 61

of travel; and shall thereupon refer and assign said petition and

proceeding to such district court and direct the hearing,

determination and control and administration of such proceeding as

an original action therein.
Okla. Stat. tit. 82, § 82-1085.19 — OK Code / Title 82 / Section 82-1085.19
Meetings - Quorum - Record of proceedings
Status: in_force

The Commission shall meet on the call of the Commission Chairman

upon five (5) days' written notice to each member from the

secretary, except that a meeting may be held without notice whenever

those not attending waive in writing or by telegram addressed to the

secretary of the Commission their right to notice of such meeting.

All meetings of the Commission shall be open to the communications

media and public. Four (4) members of the Commission shall

constitute a quorum and the vote of four (4) members shall be

necessary for any action taken by the Commission. No vacancy in the

membership of the Commission shall impair the rights of a quorum to

exercise and perform all of the rights and duties of the Commission.

The secretary of the Commission shall cause to be recorded an

accurate written record of the actions and proceedings of the

Commission and shall keep such records open for public inspection

for as long as the Commission or any obligations thereof exist.
Okla. Stat. tit. 82, § 82-1085.1 — OK Code / Title 82 / Section 82-1085.1
Creation - Status - Membership and tenure - Meetings -
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 7Removal - Vacancies - Oath - Officers.

A. There is hereby created the Oklahoma Water Resources Board,

hereinafter referred to as the Board, consisting of nine (9) members

to be appointed by the Governor, by and with the advice and consent

of the Senate. The Board shall constitute a body corporate and

politic and an instrumentality, agency and department of the State

of Oklahoma, and exercise by the Board of the powers conferred by

this act shall be deemed and shall be held to be an essential

governmental function of the State of Oklahoma.

B. Beginning July 1, 2014, the membership of the Board shall

transition from congressional district and at-large representation

to regional representation as follows:

1. The Congressional District 1 position expiring in 2014 shall

thereafter be represented by a person residing in Region 7 of the

state which shall consist of Tulsa County;

2. The at-large member position expiring in 2014 shall

thereafter be represented by a person residing in Region 4 of the

state which shall consist of Carter, Cleveland, Garvin, Grady,

Jefferson, Johnston, Love, Marshall, McClain, Murray, Pontotoc,

Pottawatamie, Seminole and Stephens Counties;

3. The Congressional District 2 position expiring in 2015 shall

thereafter be represented by a person residing in Region 8 of the

state which shall consist of Adair, Cherokee, Craig, Delaware,

Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers,

Sequoyah and Wagoner Counties;

4. The at-large position expiring in 2016 shall thereafter be

represented by a person residing in Region 9 of the state which

shall consist of Atoka, Bryan, Coal, Choctaw, Haskell, Hughes,

Latimer, LeFlore, McCurtain, Pittsburg and Pushmataha Counties;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 210

5. The Congressional District 4 position expiring in 2017 shall

thereafter be represented by a person residing in Region 2 of the

state which shall consist of Alfalfa, Blaine, Canadian, Custer,

Dewey, Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger

Mills, Woods and Woodward Counties;

6. The Congressional District 5 position expiring in 2018 shall

thereafter be represented by a person residing in Region 5 of the

state which shall consist of Oklahoma County;

7. The at-large position expiring in 2018 shall represent

Region 3 of the state which shall consist of Beckham, Caddo,

Comanche, Cotton, Greer, Harmon, Jackson, Kiowa, Tillman and Washita

Counties;

8. The Congressional District 3 position expiring in 2019 shall

thereafter be represented by a person residing in Region 1 of the

state which shall consist of Beaver, Cimarron and Texas Counties;

and

9. The at-large member position expiring in 2020 shall

thereafter be represented by a person residing Region 6 of the state

which shall consist of Creek, Kay, Lincoln, Logan, Noble, Okfuskee,

Osage, Pawnee, Payne and Washington Counties.

C. All members appointed after the effective date of this act

shall be appointed for terms of seven (7) years.

D. If a member serving on the Board as of the effective date of

this act resigns or is unable to complete the term of the member,

the seat shall immediately transition to the applicable regional

representation as provided for in subsection B of this section.

E. Each member shall be a qualified elector of this state. At

all times the membership of the Board shall have represented on it

at least one member well versed in each of the following major types

of water use: recreational, industrial, irrigational, municipal,

rural residential, agricultural, soil conservation work and oil and

gas production. Not more than two members may be selected

representing any one of the major types of water use. The Board

shall meet at least nine times per calendar year at the discretion

of the chair with not more than two consecutive calendar months

between meetings. The members of the Board may be removed only for

cause. Whenever a vacancy shall occur, the Governor shall appoint a

qualified person to fill the unexpired term of the vacant office.

Upon entering, each member of the Board shall take and subscribe to

the constitutional and statutory oath of office and file the same

with the Secretary of State.

F. The Board shall organize annually by electing a chair, vice-

chair, and secretary from the membership of the Board, who shall

perform such duties as shall be prescribed by the Board.
Okla. Stat. tit. 82, § 82-105.21 — OK Code / Title 82 / Section 82-105.21
Surplus water
Status: in_force

The owner of any works for the storage, diversion or carriage of

water, which contain water in excess of his needs for irrigation or

other beneficial use for which it has been appropriated, shall be

required to deliver such surplus, at reasonable rates for storage or

carriage, or both, as the case may be, to the parties entitled to

the use of the water for beneficial purposes. In case of the

refusal of such owner to deliver any such surplus water at

reasonable rates as determined by the Board, he may be compelled to

do so by the district court for the county in which the surplus

water is to be used.
Okla. Stat. tit. 82, § 82-1021.3 — OK Code / Title 82 / Section 82-1021.3
Petition to organize a groundwater irrigation district
Status: in_force

– Composition of districts.

A. If ten individual permit holders in a proposed groundwater

irrigation district desire to provide for the betterment of and the

assistance and procurement of conservation grant funding for

groundwater irrigation of such irrigable lands, the holders may

propose the organization of a groundwater irrigation district by

petition pursuant to the Groundwater Irrigation District Act.

B. Groundwater irrigation districts shall be comprised of a

whole county or whole counties adjacent to one or the other.
Okla. Stat. tit. 82, § 82-1086.3 — OK Code / Title 82 / Section 82-1086.3
Transaction of certain business for profit by members
Status: in_force

prohibited.

A. It shall be unlawful for any member, officer or employee of

the Water Resources Board to transact with the Board, either

directly or indirectly, any business for profit of such member,

officer or employee; and any person, firm or corporation knowingly

participating therein shall be equally liable for violation of this

provision.

B. The term “business for profit” shall include, but not be

limited to, the acceptance or payment of any fee, commission, gift

or consideration to such member, officer or employee.

C. Violation of this provision shall constitute a Class D1

felony offense and shall be punishable by a fine of not less than

Five Hundred Dollars ($500.00) and not more than Five Thousand

Dollars ($5,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.
Okla. Stat. tit. 82, § 82-1609 — OK Code / Title 82 / Section 82-1609
Cooperative agreements for delineation of floodplains and
Status: in_force

adoption of regulations.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 396

The floodplain boards may enter into cooperative agreements

pursuant to the "Interlocal Cooperation Act" for the delineation of

floodplains and adoption of regulations to manage development within

the floodplains.
Okla. Stat. tit. 82, § 82-509 — OK Code / Title 82 / Section 82-509
Act cumulative
Status: in_force

This act shall be cumulative to Chapter 70, Oklahoma Statutes of

1931, as amended by House Bill No. 84, of the Fifteenth Legislature

of the State of Oklahoma, and the powers, duties and limitations

hereby imposed upon the Conservation Commission of the State of

Oklahoma shall be in addition to those already imposed by said laws.
Okla. Stat. tit. 82, § 82-1085.60 — OK Code / Title 82 / Section 82-1085.60
Annual audit
Status: in_force

The Office of the State Auditor and Inspector shall perform an

annual audit of any expenditures from the Clean Water State

Revolving Fund Loan Account.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 248
Okla. Stat. tit. 82, § 82-1324.34 — OK Code / Title 82 / Section 82-1324.34
Order constituting rural water districts
Status: in_force

Upon the affirmative order of the board of county commissioners

to organize a district, the district shall be deemed to constitute a

rural water district and shall comply with the provisions of the

Rural Water, Sewer, Gas and Solid Waste Management Districts Act.
Okla. Stat. tit. 82, § 82-1455 — OK Code / Title 82 / Section 82-1455
Renumbered as § 896.8 of this title by Laws 2016, c. 297,
Status: in_force

§ 28, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-1460 — OK Code / Title 82 / Section 82-1460
Renumbered as § 896.11 of this title by Laws 2016, c
Status: in_force

297, § 31, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-1501-503 — OK Code / Title 82 / Section 82-1501-503
Renumbered as § 3-3-107 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-277.14 — OK Code / Title 82 / Section 82-277.14
Irregularity or error in land description not
Status: in_force

jurisdictional.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 52

Any irregularity or error in a description of land shall not be

deemed jurisdictional if the land can otherwise be identified.
Okla. Stat. tit. 82, § 82-1287 — OK Code / Title 82 / Section 82-1287
Applicable statutory provisions
Status: in_force

A. The following statutory provisions shall be applicable to

the operations and governance of a district organized under this

act:

1. The Oklahoma Open Meeting Act;

2. Section 24 of Title 51 of the Oklahoma Statutes pertaining

to public records; and

3. The Public Competitive Bidding Act of 1974.

B. The district shall also comply with any applicable review or

reporting requirements of a state or federal regulatory agency as to

water or sewage activities, facilities or plans.
Okla. Stat. tit. 82, § 82-110.10 — OK Code / Title 82 / Section 82-110.10
Failure, neglect or refusal to comply with act - Orders
Status: in_force

- Penalties - Judicial relief.

A. When an owner fails, neglects or refuses to comply with this

act, rules promulgated pursuant to this act, or orders of the

Oklahoma Water Resources Board, and there is no imminent peril to

the public health or welfare shown, the Board may, after notice and

opportunity for hearing, issue an order requiring such owner to take

whatever action the Board deems necessary to place the dam in a safe

condition, meet the requirements of this act, rules of the Board, or

the previous orders of the Board. Such action may include but is

not limited to lowering the level of or removing all water in the

reservoir, providing an adequate warning to the public downstream,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 39

repair or modification of the existing dam after having the

appropriate application for approval of plans and specifications

granted, cease all construction work on a dam, and implementation of

an appropriate operation and maintenance plan.

B. When an owner fails, neglects or refuses to comply with this

act, rules promulgated pursuant to this act, or orders of the Board,

and there is an imminent peril to the public health or welfare

shown, the Executive Director of the Board, or Assistant Director in

the absence of the Executive Director, may, without notice or

opportunity for hearing, issue an emergency order requiring such

owner to take actions the Board deems necessary to place the dam in

a safe condition. Said emergency order shall indicate the finding

of imminent peril and shall specify the actions that are to be taken

immediately. The order shall also specify a time and place for

hearing to be held after such actions are taken.

C. The Board may impose administrative penalties against owners

of dams who fail, refuse or neglect to comply with the provisions of

this act, rules of the Board promulgated pursuant to this act, or

orders of the Board. Such administrative penalties shall be imposed

only after notice and opportunity for hearing on the proposed

imposition of such penalties. The notice and opportunity for

hearing required by this paragraph may be combined with the notice

and hearing required in paragraph A of this section. Said penalties

shall not exceed Five Hundred Dollars ($500.00) per day for each

violation. Each day a violation continues shall constitute a

separate violation.

D. The Board may seek judicial relief to enforce provisions of

this act, rules promulgated pursuant to this act, and orders of the

Board by instituting action in the district court where the dam or a

major portion thereof is located.

E. If records and information available to the Board show that

there may be more than one owner of the dam subject to

administrative or judicial relief authorized by this section, the

Board is not required to give all such owners notice of proceedings

involving the dam, and such owners who do not receive notice or

enter their appearance in the proceedings shall not be deemed

indispensable parties, provided however, the Board shall use its

best efforts to provide notice to all known owners, considering the

number and type of interest of such owners, amount of control

exercised over the operation and maintenance of the dam by such

owners, the need to expeditiously proceed to hearing, and possible

harm by not providing such notice.
Okla. Stat. tit. 82, § 82-503 — OK Code / Title 82 / Section 82-503
Hearing on petition - Order for formation of district
Status: in_force

Upon the hearing had upon any such petition filed as hereinabove

set out, if it shall appear to the court that the purposes of

Chapter 70, Article 5, Oklahoma Statutes of 1931, as amended by

House Bill No. 84, Of the Fifteenth Legislature, will be best served

by the creation of the conservancy district and the owners of a

majority of the area of land in the proposed district have not filed

written protest against the formation of such district, the court

shall, by its findings duly entered of record, adjudicate all

questions of jurisdiction and declare the districts organized,

giving it a name or number in its discretion, by which it shall be

known in all proceedings; provided, that no assessment for benefits

shall be levied by a conservancy district created under this act.
Okla. Stat. tit. 82, § 82-105.18 — OK Code / Title 82 / Section 82-105.18
Loss of right to use water - Notice - Hearing
Status: in_force

A. When the Board has reasonable cause to believe that the

right to use water has been lost in whole or in part, as provided in

Section 105.17 of this title, the Board may proceed to cancel

administratively such right by notifying the claimant of such right,

or his latest successor in such rights, by written notification

mailed by registered or certified mail to his last known address

that there is reasonable cause for believing that he has lost his

water rights under the provisions of Section 105.16 or 105.17 of

this title.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 28

B. Such notice shall be mailed at least thirty (30) days prior

to the date set for the hearing and shall give the time and place

set for the hearing on such water rights; provided that if there is

evidence that delivery of such notice by registered or certified

mail cannot be made to the claimant, or his successor in such water

rights, the Board shall give notice by publishing the same in a

local newspaper qualified to publish such notice, nearest the point

where said water right had attached, once each week for two (2)

consecutive weeks. Such hearing date shall be set not earlier than

thirty (30) days after the last publication date of said notice.

C. At such hearing the claimant of such water right, or his

successor in such right, shall have the right to show cause why such

water right should not be declared to have been lost through nonuse.

Such cause may be shown by substantial competent evidence that the

failure to beneficially use the water subject to forfeiture was

caused by circumstances beyond the control of the claimant and the

claimant was ready and willing to use the water.

Procedures of hearings and appeals shall be governed by the

Administrative Procedures Act.

D. Provided, that the failure of the Board to determine that a

right to use water has been lost in whole or in part for nonuse

shall not in any way revive or continue the said right.
Okla. Stat. tit. 82, § 82-875 — OK Code / Title 82 / Section 82-875
Rights of public - Fees - Rules and regulations - Permits
Status: in_force

- Attorney General to enforce compliance - Acquisition for land for

park or road purposes

A. Except as may be provided in this subsection, the Grand

River Dam Authority shall not prevent free public use of its lands

and lakes for recreation purposes and for hunting and fishing,

except at such points where, in the opinion of the Board of

Directors, such use would be dangerous or would interfere with the

proper conduct of its business. The Authority may, in the interest

of public health and safety, make reasonable regulations governing

such use and, in the interest of defraying costs associated with the

maintenance and policing of public lands administered by the

Authority, prescribe reasonable fees for camping and the use of

Authority facilities and for the use of off-road and all-terrain

vehicles on Authority lands.

B. All existing public rights-of-way to the areas to be flooded

by the impounded waters shall remain open as a way of free public

passage to and from the lakes created, and no charge shall ever be

made to the public for right to engage in hunting, fishing, boating

or swimming in the lakes, and no charges shall ever be made for a

permit to operate or use or for the inspection of boats and

equipment, except that the Authority may prescribe an annual fee for

the issuance or renewal of a permit for a private anchorage, wharf,

dock or boathouse. Such fee shall be used to defray the expenses of

operating and equipping the Authority's Lake Patrol. The public

shall have free use of and access to the waters of the lakes for

private use, and shall have the right to anchorage, wharf, dock,

boat dock, houseboat and landing privileges free of charge when used

for private boating, but such anchorage, wharf, dock, boat dock,

houseboat and landing privileges shall only be allowed after a

permit therefor has been issued. Provided that no permit for any

anchorage, wharf, dock, boat dock, houseboat and landing privileges

shall be issued which would deprive the owner of land adjacent to

the shoreland or lake front or abutting thereon of any anchorage,

wharf, dock, boat dock, houseboat and landing privileges. The

Authority may designate areas closed to such use, where in its

Oklahoma Statutes - Title 82. Waters and Water Rights Page 165

opinion such use would interfere with the health or safety of the

public, or with the proper conduct of the business of the Authority.

The Authority shall prescribe suitable rules for the use of firearms

on its lands and lakes and suitable rules and regulations and rules

of travel, in the interest of public safety, for the use of the

waters of the lakes.

C. The Authority shall prescribe, in the interest of public

safety, suitable rules and regulations governing the keeping for

hire or operations of a boat or boats, surfboards, aquaplanes, sea-

skis or similar devices for pecuniary profit or gain on the waters

of the lakes. The keeping for hire or operation of a boat or boats,

surfboards, aquaplanes, sea-skis or similar devices, for pecuniary

profit or gain, on the waters of the lake, shall only be allowed

after a permit therefor has been issued by the Authority.

Applications for such permits are to be in writing, upon a form

prescribed and furnished by the Authority, and containing such

information as is required by the Authority. For the issuance of

such a permit the Authority shall charge a fee in an amount as

specified by the Authority, and shall have the power to prescribe

the size and type of boat or boats allowed to operate under such

permit and the equipment necessary to such operation. A permit

shall be procured for the construction of wharves, docks, landings

and anchorages when constructed for commercial or rental purposes.

For the issuance of such a permit the Authority shall charge a fee

in an amount as specified by the Authority. The Authority shall

prescribe the type, style and location and equipment of wharves,

docks, anchorages and landings from which such boats operate and

their rules of travel. Issuance of permits is to be deferred and

withheld unless and until the applicant therefor has paid the permit

fee and procured and deposited with the Authority a good and

sufficient bond, either in cash, or by a surety company licensed to

do business in this state, or public liability and property damage

insurance, written by a company licensed to do business in Oklahoma,

in an amount and in such form as the Authority shall specify, so as

to assure compensation for injuries to or death of persons, and loss

or damage to property for which the holder of such permit may be

legally liable. Upon it being called to the attention of the

Attorney General of Oklahoma by any citizen of Oklahoma that this

section has not been complied with, it shall be the duty of the

Attorney General of Oklahoma to institute the proper legal

proceedings to require the Authority, or its successor, to comply

with the provisions of this section.

D. The Authority may acquire, by purchase, condemnation, or

otherwise, lands suitable for park purposes or roadways along the

shores of the lakes. After acquiring such lands the Authority may,

but shall not be required to, assign or lease the lands to the State

of Oklahoma for park or road purposes and if such assignment is made

Oklahoma Statutes - Title 82. Waters and Water Rights Page 166

the lands shall be under the supervision and control of the Oklahoma

Tourism and Recreation Commission or the Department of Wildlife

Conservation, which shall keep the lands so assigned open to the

public so that the public in general may have free access to the

lakes.
Okla. Stat. tit. 82, § 82-1283 — OK Code / Title 82 / Section 82-1283
Contracts and agreement for purchase of district services
Status: in_force

or products.

A. In order to accomplish the purposes of this act, any public

agency, subject to any applicable restrictions of Article X,

Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,

may enter into and carry out contracts and agreements for the

purchase from the district of water, sewage and any other services

or products of the district.

B. Each such contract and agreement for the provision of water,

sewer or any other services to an existing public agency shall be

for such period and shall contain such other terms, conditions and

provisions, not inconsistent with the provisions of this act, as the

board of directors shall approve.

C. Each such contract and agreement may be pledged by the

district to secure its obligations and may provide that if one or

more public agencies defaults in the payment of its obligations

under such contract and agreement, the remaining public agencies

having such contracts and agreements shall be required to pay for

and shall be entitled proportionately to use or otherwise dispose of

the products and services which were to be purchased by the

defaulting public agency.

D. Each such contract and agreement shall be a limited

obligation of a public agency payable from and may be secured by a

pledge of and lien and charge upon, all or any part of the revenue

derived or to be derived from the ownership and operation of its own

water or sewage facility or system and, if so provided in such

contract or agreement, shall be an expense of operation and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 310

maintenance thereof and shall not constitute an indebtedness of the

public agency for the purpose of any statutory limitation.

E. Nothing in this act shall be construed to preclude a public

agency from appropriating and using revenues received in any year to

make payments due or to comply with covenants to be performed during

that year under any contract or agreement entered into as

contemplated in this act.

F. Any such contract or agreement may include provisions for

the sale of services of a particular project or activity or for the

sale of services generally without regard to a specific project or

activity, or for the supply of a specific quantity of water or other

specific services, or a percentage thereof, or for the supply of

water or other services based upon the requirements of the purchaser

and on such other items and conditions as the board of directors and

the contracting or agreeing party deem appropriate.

G. In the event of any failure or refusal on the part of the

public agency to perform punctually any covenant or obligation

contained in any such contract, the district may enforce performance

by any legal or equitable process, including specific performance.