Okla. Stat. tit. 82, § 82-882 — OK Code / Title 82 / Section 82-882
Judicial determination by Supreme Court of validity of
Status: in_force

bonds, contracts and other acts - Notice.

The district is authorized in its discretion to file an

application with the Supreme Court of Oklahoma for approval by said

court of any bonds to be issued under this act, or to file a

petition for a judgment determining the validity of any proposed

contract or action arising from the exercise of any of the powers,

rights, privileges and functions conferred upon the district under

this act; and exclusive original jurisdiction is hereby conferred

upon the Supreme Court to hear and determine each such application

or petition. It shall be the duty of the Court to give such

applications and petitions precedence over the other civil business

of the Court except habeas corpus proceedings, and to consider and

pass upon the applications and petitions and any protests which may

be filed thereto as speedily as possible. Notice of the hearing on

each application and petition shall be given by a notice published

in a newspaper of general circulation in the state that on a day

named the district will ask the Court to hear its application and

approve the bonds, or hear its petition and enter a declaratory

judgment. Such notice shall inform property owners, taxpayers,

ratepayers, citizens, and all persons having or claiming any right,

title, or interest in such matter or properties or funds to be

affected by the issuance of such bonds, or proposed contract or

action, or affected in any way thereby, that they may file protests

against the issuance of the bonds, or declaratory judgment, and be

present at the hearings and contest the legality thereof. Such

notice shall be published one time not less than ten (10) days prior

to the date named for the hearing and the hearing may be adjourned

from time to time in the discretion of the Court. If the Court

shall be satisfied that the bonds have been properly authorized in

accordance with this act and that, when issued, they will constitute

valid obligations in accordance with their terms, the Court shall

render its written opinion approving the bonds, and shall, upon

application of the district, also issue an order permanently

enjoining all persons described in the aforesaid notice from

thereafter instituting any action or proceeding contesting the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 168

validity of such bonds, or of the rates, fees or charges authorized

to be charged for the payment thereof, or the pledge of revenues to

secure such payment, and shall fix the time within which a petition

for rehearing may be filed. If the Court shall be satisfied that

the proposed contract or action is in accordance with this act, the

Court shall enter a judgment approving and declaring such contract

or action to be valid, and shall, upon application of the district,

also issue an order permanently enjoining all persons described in

the aforesaid notice from thereafter instituting any action or

proceeding contesting the validity of such contract or action, and

shall fix the time within which the petition for rehearing may be

filed. The decision of the Court shall be a judicial determination

of the validity of the bonds, shall be conclusive as to the

district, its officers and agents, and thereafter the bonds so

approved and the revenues pledged to their payment shall be

incontestable in any court in the State of Oklahoma, and any

declaratory judgment on any contract or action of the district

entered pursuant to this section shall have the force and effect of

a final judgment or decree.
Okla. Stat. tit. 82, § 82-1021.2 — OK Code / Title 82 / Section 82-1021.2
Definitions
Status: in_force

As used in this act:

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

2. "District" means a groundwater irrigation district;

3. "District board" means the board of a groundwater irrigation

district; and

4. "Permit holder" means a person who possesses a permit to use

groundwater as provided for in Section 1020.11 of Title 82 of the

Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1501-506 — OK Code / Title 82 / Section 82-1501-506
Renumbered as § 3-3-111 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-105.13 — OK Code / Title 82 / Section 82-105.13
Seasonal, temporary, term and provisional permits -
Status: in_force

Limited quantity stream water permits.

A. The Oklahoma Water Resources Board is authorized to issue,

in addition to regular permits, seasonal, temporary, term or

provisional temporary permits at any time the Board finds such

issuance will not impair or interfere with domestic uses or existing

rights of prior appropriators and may do so even where it finds no

unappropriated water is available for a regular permit. All

seasonal, temporary, term and provisional temporary permits shall

contain a provision making them subject to all rights of prior

appropriators. If any such permit is for water impounded in any

works for storage, diversion or carriage of water, the applicant

must comply with the provisions of Section 105.21 of this title.

B. Except as otherwise provided by this section, application,

notice and administrative hearing as provided in Sections 105.9

through 105.12 of this title shall be required for all permits. A

provisional temporary permit may be immediately and summarily

granted upon administrative approval by the Executive Director.

Provisional temporary permits shall:

1. Not be effective for a period of more than ninety (90) days

except for the oil and natural gas industry;

2. Be granted at the discretion of the Board; and

3. Be subject to such terms, conditions and rules promulgated

by the Board for such purposes.

C. The Executive Director of the Board may administratively

issue permits to use limited quantities of stream water. Notice,

procedures and the maximum quantity authorized for limited quantity

stream water permits shall be in compliance with rules promulgated

by the Board. In no event shall the maximum quantity of water

authorized in a limited quantity stream water permit exceed the

amount of stream water that would otherwise be determined by the

Board pursuant to Section 105.12 of this title.
Okla. Stat. tit. 82, § 82-926.4 — OK Code / Title 82 / Section 82-926.4
Renumbered as § 2-6-501 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1087.10 — OK Code / Title 82 / Section 82-1087.10
Issuance of permits
Status: in_force

The Board shall issue permits in accordance with such procedures

and subject to such conditions as it may by regulation establish to

effectuate the provisions of this act only:

1. If the applicant is licensed pursuant to this act;

2. If a sufficient notice of intention is published and proof

of publication is filed as required by Section 13 of this act;

3. If the fee for a permit is paid as required by Section 15 of

this act; and

4. If the applicant has given bond for the faithful performance

of any weather modification contract which the applicant has entered

into for the weather modification operation for which application

was made for the permit. The surety on any bond to guarantee the

faithful performance and execution of any work shall be deemed and

held, any contract to the contrary notwithstanding, to consent

without notice to an extension of time to the contractor in which to

perform the contract for a period of not more than thirty (30) days.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 273
Okla. Stat. tit. 82, § 82-1020.9 — OK Code / Title 82 / Section 82-1020.9
Approval of application
Status: in_force

A. 1. Before the Oklahoma Water Resources Board takes final

action on an application, the Board shall determine from the

evidence presented, from the hydrologic surveys or reports and from

other relevant data available to the Board and applicant, whether:

a. the lands owned or leased by the applicant overlie a

fresh groundwater basin or subbasin,

b. the use to which the applicant intends to put the

water is a beneficial use,

c. waste as specified by Section 1020.15 of this title

will occur, and

d. the proposed use is likely to degrade or interfere

with springs or streams emanating in whole or in part

from water originating from a sensitive sole source

groundwater basin or subbasin as defined in Section

1020.9A of this title.

2. The Board shall approve the application by issuing a regular

permit, if the Board finds that:

a. the lands owned or leased by the applicant overlie the

fresh groundwater basin or subbasin,

b. the use to which the applicant intends to put the

water is a beneficial use,

c. waste specified by Section 1020.15 of this title will

not occur. When determining whether waste will occur

pursuant to this subparagraph, if the activity for

which the applicant intends to use the water is

required to comply with rules and requirements of or

is within the jurisdictional areas of environmental

responsibility of the Department of Environmental

Quality or the State Department of Agriculture, Food,

and Forestry the Board shall be precluded from making

a determination whether waste by pollution pursuant to

paragraph 7 of subsection A of Section 1020.15 of this

title will occur as a result of such activity. Each

groundwater protection agency, as such term is defined

by Section 1-1-201 of Title 27A of the Oklahoma

Statutes, shall be responsible for developing and

enforcing groundwater protection practices to prevent

groundwater contamination from activities within their

respective jurisdictional areas of environmental

responsibility, and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 191

d. the proposed use is not likely to degrade or interfere

with springs or streams emanating in whole or in part

from water originating from a sensitive sole source

groundwater basin as defined in Section 1020.9A of

this title.

B. Except as otherwise provided in subsection C of this

section, a regular permit shall allocate to the applicant the

proportionate part of the maximum annual yield of the basin or

subbasin. The proportionate part shall be that percentage of the

total annual yield of the basin or subbasin, previously determined

to be the maximum annual yield as provided in Section 1020.5 of this

title, which is equal to the percentage of the land overlying the

fresh groundwater basin or subbasin which the applicant owns or

leases and which is dedicated to the application.

C. If the lands dedicated to the application overlie two or

more groundwater basins and both basins have had maximum annual

yields determined, the amount to be authorized by the regular permit

shall be calculated on the basin having the greatest maximum annual

yield. If the lands dedicated to the application overlie two or

more groundwater basins or subbasins and the maximum annual yield

has been determined for at least one but not all the basins or

subbasins, a temporary permit may be issued to the applicant if the

applicant demonstrates by substantial competent evidence that the

water to be withdrawn by the temporary permit will not be taken from

a basin or subbasin for which the maximum annual yield has been

determined. If the land overlies two or more groundwater basins or

subbasins and the maximum annual yield has not been determined for

any of the basins or subbasins, more than one temporary permit may

be issued for the land if the applicant demonstrates by substantial

competent evidence from which basin the water will be withdrawn for

each of the permits.

D. The permit shall specify the location of the permitted well

or wells and other terms and conditions as specified by the Board,

including, but not limited to, the rate of withdrawal, the level of

perforating and the level of sealing the well. A regular permit

shall not be granted for less than the remaining life of the basin

or subbasin as previously determined by the Board.

E. Except for applications for use of groundwater from sole

source aquifers, if the Board's final action to approve an

application is appealed, the applicant may take and use groundwater

as is set forth under the permit while any appeals are pending with

the Board, in district court, or in the appellate courts. For a

court to enjoin the approved use of groundwater pending appeal,

appellants must show a high likelihood of success on the merits,

that there is clear and convincing evidence that they will suffer

irreparable harm, that the balance of the equities tips

significantly in their favor, and that the order is clearly in the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 192

public interest. Any preliminary injunctive relief must be narrowly

drawn, extend no further than necessary to correct the harm the

court finds requires preliminary relief, and be the least intrusive

means necessary to correct that harm. For sole source aquifers, if

the Board's final action to approve an application is appealed, a

district court may enjoin the approved use of groundwater pending

appeal by appellants showing any one of the following:

1. Appellants must show a high likelihood of success on the

merit;

2. That there is clear and convincing evidence that they will

suffer irreparable harm;

3. That the balance of the equities tips significantly in their

favor; or

4. That the order is clearly in the public interest.

F. If all statutory requirements for groundwater permits are

fulfilled and the Board approves the application, appeals seeking to

prohibit the use of water based solely on the industry or entity

applying to use the water are considered to have no genuine issue as

to any material fact and shall be dismissed pursuant to Section 2056

of Title 12 of the Oklahoma Statutes. Further, if such claims are

found to be frivolous, the court may impose sanctions against the

appellant, the appellant's attorney, or both including requiring the

appellant or the appellant's attorney to reimburse the appellee for

reasonable costs and expenses such as reasonable attorney fees and

other expenses incurred as a result of the appeal.
Okla. Stat. tit. 82, § 82-1020.9C — OK Code / Title 82 / Section 82-1020.9C
Moratorium on actions related to operation of mines
Status: in_force

that may affect sensitive sole source groundwater basin or

subbasins.

A. For the purposes of this section, a "subject mine" shall

mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of

the Oklahoma Statutes, that overlies a sensitive sole source

groundwater basin or subbasin, exclusive of any mine that meets at

least one of the following conditions:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 194

1. As of November 1, 2019, was engaged in the permitted

extraction of minerals from natural deposits; or

2. Satisfies the criteria of paragraph 1 or 2 of subsection C

of Section 1020.2 of Title 82 of the Oklahoma Statutes; or

3. Is not to be permitted to operate for a period of more than

five (5) years, with no extensions or renewals; or

4. The operation of which will not result in more than five (5)

acre-feet per year of groundwater emanating from a sensitive sole

source groundwater basin or subbasin to infiltrate its pit, as that

term is defined in paragraph 12 of Section 723 of Title 45 of the

Oklahoma Statutes.

B. Due to the inadequacy of existing technical resources,

analytic tools and regulatory systems for purposes of the effective

implementation of statutes relating to the operation of mines that

may affect sensitive sole source groundwater basins or subbasins,

the Legislature hereby declares and establishes a moratorium on the

following actions:

1. The Oklahoma Water Resources Board shall not issue any

permit or other administrative authorization for the appropriation,

diversion, withdrawal or removal of water from or for the

dewatering, in part or in full, of a pit, as defined in paragraph 12

of Section 723 of Title 45 of the Oklahoma Statutes, of a subject

mine; and

2. The Board shall not issue, allocate or recognize, pursuant

to subsection D of Section 1020.2 of Title 82 of the Oklahoma

Statutes, Section 785:30-15-5 of the Oklahoma Administrative Code or

any other provision of law, any offset to the consumptive use of

water of a subject mine where such offset is based on a claimed

augmentation of stream flow or groundwater.

C. The moratorium shall be in effect until such time as the

Board, working in coordination with the Department of Environmental

Quality, the Department of Mines, and East Central University and in

cooperation with federal and tribal governmental agencies with

interests in a subject mine that overlies a sensitive sole source

groundwater basin or subbasin:

1. Completes the Enhanced Monitoring and Evaluation of

Hydrologic Trends for the Eastern Arbuckle-Simpson Aquifer, South-

Central Oklahoma and, based thereon, develops modeling and other

technical tools capable of accurately measuring and projecting, as a

matter both of incremental and cumulative effect, whether a proposed

withdrawal of groundwater from a sensitive sole source groundwater

basin or subbasin would degrade or interfere with springs and

streams emanating therefrom;

2. Promulgates final rules to integrate the use of such studies

and tools to administrative implementation of:

a. waste, degradation and interference analyses required

by subparagraphs c and d of paragraph 1 and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 195

subparagraphs c and d of paragraph 2 of subsection A

of Section 1020.9 of Title 82 of the Oklahoma

Statutes,

b. uniform minimum standards and requirements for the

development of, and annual reporting regarding

compliance with, site-specific water management and

conservation plans pursuant to Section 1020.2 of Title

82 of the Oklahoma Statutes, with particular regard to

methodologies for calculating amounts claimed in

consumptive use of water and any claimed augmentation

of stream flow or groundwater, and

c. consultation, review and approval of such site-

specific water management and conservation plans, with

specific provisions for making such consultations,

reviews and approvals subject to Article 2 of the

Administrative Procedures Act; and

3. Promulgates final rules to provide for effective interagency

consultation and coordination of activities among the Board, the

Department of Mines and the Department of Environmental Quality on

all administrative matters relating to the operation of mines at

locations that overlie a sensitive sole source groundwater basin or

subbasin.

D. The Board is hereby authorized and instructed to promulgate

rules to implement the provisions of this section.

E. The Board is hereby authorized to cooperate with federal,

tribal and any other agency in this state in performing its

responsibilities under this section.
Okla. Stat. tit. 82, § 82-676 — OK Code / Title 82 / Section 82-676
Performance of duties enforced by mandamus
Status: in_force

The performance of all duties prescribed in this act concerning

the organization and administration or operation of the district may

be enforced against any officer or against any person or corporation

refusing to comply with any order of the board by mandamus at the

instance of the board or of any person or corporation interested in

any way in such district or proposed district. And the board may

institute such proceedings in the court in the first instance.
Okla. Stat. tit. 82, § 82-1E — OK Code / Title 82 / Section 82-1E
Protection of water – Preemption by Legislature
Status: in_force

Notwithstanding any other provision of law, the protection of

the waters of the state as defined in Title 82 of the Oklahoma

Statutes is declared to be a compelling state interest subject only

to legislative authority and the regulatory authority granted by the

Legislature to any state agency assigned with the responsibility

within its respective areas of jurisdiction as set forth in Section

1-1-202 of Title 27A of the Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1085.40 — OK Code / Title 82 / Section 82-1085.40
Statewide Water Development Revolving Fund - Creation
Status: in_force

- Status - Uses and purposes - Investment.

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

fund for the Oklahoma Water Resources Board to be designated the

"Statewide Water Development Revolving Fund". The revolving fund

shall be a continuing fund, not subject to fiscal year limitations.

B. All monies placed in the Statewide Water Development

Revolving Fund, exclusive of such amounts of interest derived from

investment deposits necessary to maintain the grant account at its

maximum amount as provided in subsection C of this section, may be

Oklahoma Statutes - Title 82. Waters and Water Rights Page 234

used by the Board for any and all of the following uses and

purposes:

1. For the planning and, upon legislative authorization,

acquisition of land, construction, operation and maintenance of

multipurpose reservoirs and desalination facilities within the State

of Oklahoma;

2. To provide for and pay the share, contribution or portion of

the cost the state shall pay for any legislative-approved, federally

funded water project in the state including, but not limited to,

projects for bank stabilization, flood control, weather

modification, hydroelectric power, water supply, irrigation,

recreation and other beneficial uses; and

3. To fulfill state contractual obligations upon legislative

authorization and pursuant to approved repayment agreements with the

federal government and incidental to federally funded water supply

storage projects.

The Board shall submit annually to the Legislature a list of

those projects under consideration for funding under the provisions

of this section.

C. The principal amount of all monies placed in the Statewide

Water Development Revolving Fund and in the Water Resources Fund

Grant Account as provided for in Section 1085.39 of this title shall

be invested by the State Treasurer in the manner prescribed by

Sections 89.1 et seq. of Title 62 of the Oklahoma Statutes. Interest

income derived from the investment of monies placed in the Statewide

Water Development Revolving Fund shall be credited to and placed in

the grant account established by Section 1085.39 of Title 82 of the

Oklahoma Statutes, provided, the total of all monies held in the

grant account shall not exceed Five Million Dollars ($5,000,000.00).

Whenever the aggregate total of all monies placed in the grant

account equals Five Million Dollars ($5,000,000.00), then the

principal amount in the grant account shall be kept and maintained

at that amount and all additional interest income not required to

maintain the balance of the grant account at Five Million Dollars

($5,000,000.00) shall be retained in the Statewide Water Development

Revolving Fund. The additional interest income not needed to

maintain the grant account as herein provided may be utilized by the

Board for the purposes and uses enumerated in subsection B of this

section.
Okla. Stat. tit. 82, § 82-1501-205.3 — OK Code / Title 82 / Section 82-1501-205.3
Office of Geographic Information – Manager – Funding – Duties – Cooperation of
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 13Funding – Duties – Cooperation of House of Representatives and

Senate.

A. There is hereby established an Office of Geographic

Information in the Oklahoma Conservation Commission.

B. The Executive Director of the Oklahoma Conservation

Commission shall appoint, after consultation with the Council, a

person of suitable training, experience, and knowledge to manage the

Office with the title of State Geographic Information Coordinator

who shall serve at the pleasure of the Executive Director.

C. The Office may solicit, receive and consider proposals for

funding from any state agency, federal agency, local government,

university, nonprofit organization, or private person or

corporation. The Office may also solicit and accept money by grant,

gift, bequest, or other conveyance recommended by the Geographic

Information Council and approved by the Executive Director of the

Oklahoma Conservation Commission. Additionally, the Office may

receive a specific legislative appropriation within the

appropriation for the Oklahoma Conservation Commission. Any funds

received by the Office shall be deposited into the Geographic

Information Revolving Fund pursuant to Section 1501-205.2 of Title

82 of the Oklahoma Statutes.

D. The Office shall:

1. Provide staff support and technical assistance to the

Council established pursuant to Section 1501-205.1 of Title 82 of

the Oklahoma Statutes;

2. Establish a central statewide geographic information

clearinghouse to maintain data inventories, information on current

and planned Geographic Information System applications, information

on grants available for the acquisition or enhancement of geographic

information resources, and a directory of geographic information

resources available within the state or from the federal government;

3. Coordinate any grant programs for local governments to

establish and maintain Geographic Information Systems as such

programs may be established by the Legislature;

4. Coordinate multiagency Geographic Information System

projects, including working with state and local agencies in the

development and maintenance of statewide data and Geographic

Information Systems;

5. Provide access to both consulting and technical assistance,

and education and training on the application and use of geographic

information technologies to state and local agencies;

6. Develop, maintain, update, and interpret Geographic

Information System standards under the direction of the Council and

working with state and local agencies;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 386

7. Provide Geographic Information System services, as

requested, to agencies wishing to augment their Geographic

Information System capabilities;

8. Evaluate, participate in pilot studies, and make

recommendations on Geographic Information System hardware and

software in cooperation with other agencies;

9. Prepare proposed legislation and funding proposals for the

Legislature that will further coordinate and expedite the

implementation of Geographic Information Systems as recommended by

the Geographic Information Council and approved by the Executive

Director of the Conservation Commission;

10. Address data sensitivity issues so that information is made

available to the public but protects confidentiality of the

information; and

11. Provide an annual report to the Governor and Legislature on

the status and needs of the geographic information infrastructure of

the State of Oklahoma.

E. The Oklahoma House of Representatives and Oklahoma Senate

may cooperate with the Office of Geographic Information but shall be

exempt from all requirements of this section.
Okla. Stat. tit. 82, § 82-105.11 — OK Code / Title 82 / Section 82-105.11
Notice of application - Protest - Hearing
Status: in_force

A. Except as otherwise provided by Section 105.13 of this title

for limited quantity stream water permits, upon the acceptance of an

application which complies with the provisions of Chapter 1 of this

title, and the rules promulgated by the Oklahoma Water Resources

Board pursuant thereto, the Board shall instruct the applicant to

publish, within the time required by the Board, a notice thereof, at

Oklahoma Statutes - Title 82. Waters and Water Rights Page 22

the applicant's expense, in a form prescribed by the Board in a

newspaper of general circulation in the county of the point of

diversion, and in a newspaper of general circulation published

within the adjacent downstream county and any other counties

designated by the Board once a week for two (2) consecutive weeks.

Such notice shall give all the essential facts as to the proposed

appropriation, among them being the places of appropriation and of

use, amount of water, the purpose for which it is to be used, name

and address of applicant, the hearing date, time and place if a

hearing is scheduled by the Board before instructions to publish

notice are given, and a thirty-day protest period as well as the

manner in which a protest to the application may be made. At the

time the Board provides the notice of application to the applicant,

the Board shall publish on its website the applications and

instructions for public notice, including the draft public notice

prepared by the Board. The website publishing is in addition to,

and not in lieu of, the requirement for applicants to publish notice

in the newspaper. The time to protest shall run from the date of

the first newspaper publication.

B. In case of failure to give such notice in accordance with

the rules and regulations applicable thereto within the time

required, or if such notice is defective, the priority of

application shall be lost; however, if proper notice is given within

thirty (30) days after the Board has notified the applicant of his

or her failure to give effective and proper notice, the application

shall thereafter carry the original date of filing, and shall

supersede any subsequent application to the same source of water

supply. Any interested party shall have the right to protest said

application and present evidence and testimony in support of such

protest.

C. If the Board does not schedule a hearing on the application

before instructing the applicant to publish notice, a hearing shall

be scheduled by the Board upon receipt of a protest which meets the

requirements of the Board's rules, the Board shall notify the

applicant and protestant of such hearing.
Okla. Stat. tit. 82, § 82-1267 — OK Code / Title 82 / Section 82-1267
Purpose of district - Activities
Status: in_force

Public regional water districts may be organized under this act

for the purpose of engaging in the following activities:

1. Acquiring water rights or acquiring and developing water

facilities or any interest therein, from any and all available

sources, and storing water in reservoirs or other storage

facilities;

2. Purifying, treating and processing water;

3. Furnishing water to public agencies and persons desiring the

same;

4. Transporting and delivering water to public agencies and

persons who are furnished water by the district;

5. Disposing of, processing, treating or transporting sewage or

wastewater or acquiring and developing sewage facilities or any

interest therein; and

6. Engaging in such activities and projects deemed necessary by

the district tocarry out the purposes of this act, including

acquisition, planning, purchase, construction, lease, operation,

maintenance, improvement, repair and extension of water facilities

or sewage facilities, or the provision of administrative and support

services to public agencies which are signatories to the interlocal

agreement creating the district.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 301
Okla. Stat. tit. 82, § 82-1284 — OK Code / Title 82 / Section 82-1284
Issuance and sale of bond obligations
Status: in_force

A. The district may from time to time issue its obligations in

such principal amounts as the district shall deem necessary to

provide sufficient funds to carry out any of its corporate purposes

and powers and to pay for any costs or expenses of the district

incident to and necessary or convenient to carry out its corporate

purposes and powers.

B. Every issue of obligations of the district shall be payable

out of the revenues or funds of the district, subject to any

agreements with the holders of particular obligations pledging any

particular revenues or funds. The district may issue such types of

obligations as it may determine, including obligations as to which

the principal and interest are payable exclusively from the revenues

from one or more projects, or from an interest therein or a right to

the products and services thereof, or from one or more revenue

producing contracts made by the district with any person, or public

agency, or its revenues generally. Any such obligations may be

additionally secured by a pledge or assignment of any revenue

producing contracts made by the district with any person or of any

grant, subsidy or contribution from any person or a pledge of any

income or revenues, funds or monies of the district from any source

whatsoever.

C. All obligations of the district shall have all the qualities

of negotiable instruments under the laws of the state.

D. Obligations of the district shall be authorized by a

resolution of the board of directors adopted by at least three-

Oklahoma Statutes - Title 82. Waters and Water Rights Page 311

fourths (3/4) of the members of the Board as constituted.

Obligations shall bear interest at a rate not exceeding a rate of

fourteen percent (14%) and may be executed or issued under such

contract or under a trust indenture, bond resolution, or other

security or contractual agreement, in one or more series, and shall

bear such date or dates, mature at such time or times which may be

fixed or may change at such time or times and in accordance with a

specified formula or method of determination, be in such form,

either coupon or registered, carry such conversion, registration,

and exchange privileges, have such rank or priority, be executed in

such manner, be payable in such medium of payment at such place or

places within or without the state, be subject to such terms of

redemption with or without premium, and contain or be subject to

such other terms as the bond resolution, trust indenture or other

security or contractual agreement may provide, and shall not be

restricted by the provisions of any other law limiting the amounts,

maturities or other terms of obligations of eligible public agencies

or private persons. Any bond obligations shall be sold at par, in

such manner as the board of directors shall determine, at public

sale. The board of directors may also authorize bonds to be issued

and sold from time to time and delegate to such officer or agent of

the district as the board of directors shall select the power to

determine the time and manner of sale and the maturities of such

bonds, which may be fixed or may vary at such time or times and in

accordance with a specified formula or method of determination, and

such other terms and conditions, as may be deemed appropriate by the

officer or agent of the district designated by the board of

directors. However, the amounts and maturities of such bonds shall

be within the limits prescribed by the board of directors in its

resolution delegating such officer or agent the power to authorize

the sale and issuance of such bonds.

E. Pending preparation of definitive obligations, the district

may issue temporary obligations which shall be exchanged for the

definitive obligations.

F. Obligations of the district may be issued under the

provisions of this act without obtaining the consent of any

department, division, commission, board, bureau or agency of the

state and without any other proceeding or the happening of any other

condition or occurrence except as specifically required by this act.

G. 1. At least five (5) business days prior to delivery of and

payment for any bond obligations, there shall be filed with the

Attorney General of the State of Oklahoma and the Secretary of State

a preliminary copy of the official statement, prospectus or other

offering document pertaining to the issuance; within fifteen (15)

business days after the sale or sales of said bond obligations,

there shall be filed with the Attorney General of the State of

Oklahoma, the Secretary of State and the Oklahoma Securities

Oklahoma Statutes - Title 82. Waters and Water Rights Page 312

Commission a copy, in final form, of the official statement,

prospectus or other offering document. If no official statement,

prospectus or other offering document is used in connection with the

sale of such bond obligations, in lieu thereof, there shall be filed

a copy of the draft and final proceedings of the district

authorizing the sale and issuance of such bond obligations. Within

fifteen (15) business days after the sale or sales of said bonds,

the district shall file with the Attorney General a copy of all

transcripts of proceedings of the district and all resolutions

passed and actions taken by it in connection with the authorization,

issuance and sale of the bond obligations. The bond resolution,

trust indenture or other security or contractual agreement under

which any bonds are issued shall constitute a contract with the

holders of the bond obligations and may contain such provisions as

the board of directors and holders of obligations agree to.

2. a. Within ten (10) business days after receipt of

transcripts of all proceedings of the district and all

resolutions passed and actions taken by it in

connection with the authorization, issuance and sale

of bond obligations, the Attorney General of the State

of Oklahoma shall examine and approve or disapprove

all of such proceedings and, if he finds such bond

proceedings and sale to be constitutional and lawful,

shall execute a certificate and file such certificate

of record in the office of the Secretary of State.

Such certificate shall be in substantially the

following form:

I have examined all proceedings had in connection with

the issuance of the ___________ Regional Water

District bonds in the aggregate principal amount of

$___________, dated ________, authorized and sold

pursuant to ____________, and find said proceedings

and sale to be constitutional, lawful and regular in

all particulars and that said bonds will be valid

obligations of the ________ Regional Water District.

Unless suit thereon shall be brought in the Supreme

Court of Oklahoma within thirty (30) days from the

date of this certificate, said bonds shall be

incontestable for all purposes.

_________________ ________________________________

Date Attorney General of Oklahoma

b. Upon the filing of such certificate, bonds issued

pursuant to proceedings so examined by the Attorney

General shall be incontestable for all purposes upon

the expiration of thirty (30) days from the date of

such certificate, unless suit be brought in the

Supreme Court of Oklahoma prior to the expiration of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 313

said period. A facsimile of such Attorney General's

certificate shall appear on each bond so issued.

Failure of the Attorney General to approve or

otherwise act as required herein shall, for all

purposes, be deemed an approval of such proceedings

and a waiver of the requirement for his certification.

In the absence of an express certification, the

thirty-day period for the filing of suit in the

Supreme Court of Oklahoma shall commence upon the

eleventh day following receipt of the transcript of

proceedings of the district in the office of the

Attorney General. The Supreme Court of Oklahoma is

hereby vested with exclusive jurisdiction over any

litigation involving the validity of any bonds issued

under the provisions of this act.

H. Except as provided for in subsection G of this section, any

pledge of revenues, securities, contract rights or other personal

property made by the district pursuant to this act shall be valid

and binding from the date the pledge is made. The revenues,

securities, contract rights or other personal property so pledged

and then held or thereafter received by the district or any

fiduciary shall immediately be subject to the lien of the pledge

without any physical delivery thereof or further act, and the lien

of the pledge shall be valid and binding as against all parties

having claims of any kind in tort, contract or otherwise against the

district without regard to whether such parties have notice thereof.

The bond resolution, trust indenture, security agreement or other

instrument by which a pledge is created need not be filed or

recorded in any manner.

I. The principal of, premium, if any, and interest upon any

bond obligations issued by the district shall be payable solely from

the revenues or funds pledged or available for their payment as

authorized in this act. The bond obligation shall contain a

statement that it constitutes an obligation of the district, that

the principal thereof, premium, if any, and interest thereon are

payable solely from revenues or funds of the district and that

neither the state nor any political subdivision thereof, nor any

public agency which has contracted with the district, is obligated

to pay the principal of, premium, if any, or interest on the bond

obligations and that neither the faith and credit nor the taxing

power of the state or any such political subdivision thereof or of

any such public agency is pledged to the payment of the principal

of, premium, if any, or the interest on the bond obligations.
Okla. Stat. tit. 82, § 82-1324.25 — OK Code / Title 82 / Section 82-1324.25
Annexation of additional territory - Petition
Status: in_force

Two or more districts organized under this act may be

consolidated into a single district by complying with the procedures

prescribed in this section.

The proposal for consolidation shall be prepared in written form

and shall set forth in detail the reasons for consolidation and the

advantages which would accrue to each district from the proposal.

The written proposal shall be considered and acted upon by the board

of directors from each district affected at a duly called meeting.

If the board of directors of each district approves the proposal by

resolution, the proposal shall then be submitted to a vote of the

membership of each district at a regular or special membership

meeting. If the consolidation proposal is not approved by the

membership of each district affected such districts may not be

consolidated.

If the proposal is approved by the membership of each district,

the boards of directors shall then submit it to the creditors of

each district for approval or disapproval. In the event the

creditors do not approve the consolidation proposal, the districts

shall not be consolidated.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 332

Upon approval of the proposal by the membership of each district

and by all creditors, the board of directors of the districts

desiring to be consolidated shall join in filing a petition,

addressed to the board of county commissioners having jurisdiction

as provided by this section, for a hearing to consolidate such

districts into a single district. Said petition shall set forth the

necessity for such consolidation of two or more districts, and that

the consolidation of said districts shall be conducive to the public

health, convenience, safety or welfare, and to the economical

execution of the purposes for which the districts were organized.

The consolidation proposal as approved by the membership and the

boards of directors of each district and the approval of each of the

creditors shall be attached to the petition as exhibits.

If the districts seeking consolidation are situated in one

county, the petition shall be filed with the county clerk of said

county, and the board of county commissioners of said county shall

have jurisdiction to hear and determine the petition.

In the event the districts were organized in different counties

the petition shall be filed with the county clerk of the county in

which the greatest portion of the territory of the proposed

consolidated district is located, and the board to determine the

question of consolidation shall consist of the board of county

commissioners from each of the counties, and a majority of the

combined boards shall be necessary to render a decision.

Upon receipt of said petition, the county clerk shall thereupon

give notice to the board or boards of county commissioners of the

filing and pendency of said petition, whereupon the county

commissioners of the county wherein the petition is filed shall

enter its order setting hearing, and giving notice of the hearing,

all in accordance with the provisions of this act for the creation

of districts in the first instance. In addition to the notice as

prescribed by the act for the creation of districts, the county

clerk shall at least ten (10) days before the date fixed for said

hearing give or send by registered mail or certified mail notice

thereof to each creditor of each of the districts to be

consolidated, addressed to the creditor's last-known address.

After the hearing, should the board find that the averments of

the petition are true and that said districts, or any of them,

should be consolidated, the board shall enter its order directing

the consolidation of the districts. The order shall set forth the

corporate name of the consolidated district under the name of

"Consolidated Rural Water and/or Sewer District and/or Gas District

and/or Solid Waste Management District No._____, __________ County

(ies), Oklahoma." The order shall further provide that the

consolidated district shall assume and become legally liable for all

of the obligations of the districts consolidated into the single

district.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 333

Following the entry of said order, an organizational meeting of

the combined membership of each of the districts shall be held for

the purpose of electing directors and officers, and adopting bylaws.

This organizational meeting shall be held in accordance with the

provisions pertaining to the creation and organization of districts.

From any order of the board, an appeal may be taken in the manner as

provided for appeals from decision of the board of county

commissioners.

All legal proceedings already instituted by or against any

district involved in a consolidation proceeding may be revived and

continued by or against the consolidated district by an order of the

court substituting the name of such consolidated district.
Okla. Stat. tit. 82, § 82-105.32 — OK Code / Title 82 / Section 82-105.32
Effect of act on forfeited water rights and priority
Status: in_force

dates.

The codifying and renumbering of the several sections of Chapter

1 in Title 82 of the Oklahoma Statutes shall not alter their

effectiveness by the adoption of this act; nor shall this act with

its several amendments to existing law be deemed to reestablish any

water rights that have heretofore been lost or forfeited under laws

heretofore in effect prior to the effective date of this act; nor

shall the adoption of this act change in any manner priority dates

for the right to use water under the laws in effect prior to the

adoption of this act.
Okla. Stat. tit. 82, § 82-1324.7 — OK Code / Title 82 / Section 82-1324.7
Board of directors - Bylaws
Status: in_force

Immediately following the incorporation of the district by the

board of county commissioners, there shall be a special meeting of

the owners of land within any such district to select from their

number a board of directors and to adopt bylaws for governing and

administering the affairs of the district. The number of members of

said board, not to exceed nine, shall be determined by a majority

vote of those owners of land present. Any original director who

shall fail to subscribe to one or more benefit units and pay the

established unit fee for each unit to which he subscribes within

thirty (30) days after entry in the minutes of the board of a

declaration of availability of such benefit units for subscription

shall forfeit his office. Those owners of land present at such

special meeting may adopt and amend any of such proposed bylaws and

may propose or adopt additional or other bylaws. Such bylaws may be

amended at any annual or special meeting of the participating

members of the district.
Okla. Stat. tit. 82, § 82-1611 — OK Code / Title 82 / Section 82-1611
Redefining floodplain upon completion of flood control
Status: in_force

protective work.

Within one hundred eighty (180) days after the completion of

construction of any flood control protective works, the floodplain

board in the respective area of jurisdiction shall redefine the

floodplain as altered by the works by amending the floodplain

regulations pursuant to the procedures set forth in Section 1610 of

this title.
Okla. Stat. tit. 82, § 82-1453 — OK Code / Title 82 / Section 82-1453
Renumbered as § 896.6 of this title by Laws 2016, c. 297,
Status: in_force

§ 26, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-1324.9 — OK Code / Title 82 / Section 82-1324.9
Board as governing body – Meetings – Vacancies - Rules
Status: in_force

– Records – Power to charge water fee.

A. The board shall be the governing body of the district and

shall meet annually on a date prescribed by the bylaws and at such

other times as may be determined by the board or upon call by the

chair or any two members of the board. Vacancies on the board shall

be filled for the unexpired term, and until such appointee's

successor is elected and has qualified, by appointment by the

remaining members of the board. The board shall adopt such rules in

conformity with the provisions of this act and the bylaws of the

district as are deemed necessary for the conduct of the business of

the district. It shall be the duty of the secretary to cause an

Oklahoma Statutes - Title 82. Waters and Water Rights Page 321

entry to be made upon its records showing all of its minutes,

decisions and orders made pursuant to the provisions of this act.

B. The district shall have the power to charge an amount, as

determined by the board and approved by the members of the district,

not to exceed ten cents ($0.10) per one thousand (1,000) gallons of

water sold, to be included in the water rates for the district and

paid by the retail water consumers of the district. The charge

shall be approved by a majority vote of the participating members of

the district who are present at a regular or special meeting, for

which public notice has been given and the issue is on the agenda

and presented for a vote. The public notice of the meeting and

election shall state the amount of the proposed fee, the intended

purpose of the fee, and the entity or entities which will receive

the monies. If approved, the board shall distribute the monies

received from the charge to any entity or entities, except for any

entity that has statutory or regulatory authority over any aspect of

the district, selected by the board for purposes that will assist or

aid the board in the performance of its duties for the district and

which will benefit the area within the district or the members of

the district.
Okla. Stat. tit. 82, § 82-565 — OK Code / Title 82 / Section 82-565
Plan of improvements - Inspection - Objections - Hearing -
Status: in_force

Dissolution in certain cases - Proceedings concerning plan.

Upon their qualification, the board shall prepare or cause to be

prepared a plan for the improvements for which the district was

created. Such plans shall include such maps, profiles, plans and

other data and descriptions as may be necessary to set forth

properly the location and character of the work, and of the property

benefited or taken or damaged, with estimates of cost and

specifications for doing the work.

In case the board of directors finds that any former survey made

by any other district or in any other manner is useful for the

purposes of the district, the board of directors may take over the

data secured by such survey, or such other proceedings as may be

useful to it, and may pay therefor an amount equal to the value of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 86

such data of such district. No construction shall be made under the

authority of this act which will cause the flooding of any land,

village or city or which will cause the water to back up into or on

any land, village or city, unless the board of directors shall have

acquired and paid for the right to use the land affected for such

overflow purpose and shall have paid all damages incident thereto.

No railroad shall be required to be constructed with a grade in

excess of the ruling grade then existing upon that division of said

railroad whereon said change is required, without just compensation.

Upon the completion of such plan, the board shall file a copy of the

plan with the court clerk of the court having jurisdiction of such

district and cause the court clerk to give notice by publication as

provided herein in each county of said district, of the completion

of said plan, and shall permit the inspection thereof at his office,

by all persons interested. Said notice shall fix the time and place

for the hearing by the court of all objections to said plan, not

less than ten (10) days nor more than thirty (30) days after the

last publication of said notice. Any owner of land which will be

benefited or directly affected by the construction, operation and

maintenance of works proposed in said plan, whether inside or

outside of said district, may object to the approval of said plan.

All objections to said plan shall be in writing and be filed with

the said court clerk at least five (5) days before the date of

hearing fixed in said notice, provided, however, that the court, for

good cause shown, shall have authority to extend the time for filing

said objections in its discretion. If at said date the owners of a

majority of the area of land in the said district shall file a

protest and objection to the plan as a whole, then the court shall

order an assessment of the properties in said district sufficient to

pay the cost of the proceedings up to said time, said costs to be

fixed by the court, and to be prorated equally upon the property

included in said district, provided, however, that no assessment for

said purpose shall be more than twenty cents ($0.20) per acre on

agricultural lands. Upon the collection of said assessments the

court shall order said district dissolved. If said district be not

dissolved by the court, the court shall hear said objections and

adopt, reject or refer back said plan to said board of directors.

If said court shall reject said plan, then said board shall proceed

as in the first instance under this section to prepare another plan.

If the court should refer back said plan to said board for

amendment, then the court shall continue the hearing to a day

certain without publication of notice.

If the court refers back said plan to said board, then a

certified copy of said journal entry of said court shall be filed

with the secretary of the board of directors, and by him be

incorporated into the records of the district. The official plan

may be altered in detail from time to time until the assessment roll

Oklahoma Statutes - Title 82. Waters and Water Rights Page 87

is filed, and of all such alterations the appraisers shall take

notice. But after the assessment roll has been filed in court, no

alterations of the official plan shall be made except as provided

herein.
Okla. Stat. tit. 82, § 82-688.1 — OK Code / Title 82 / Section 82-688.1
Exemption from payment of sales, use and vehicle excise
Status: in_force

taxes - Registration of vehicles.

Conservancy districts and master conservancy districts organized

under the provisions of the Conservancy Act of Oklahoma shall be

exempt from the payment of sales and use taxes on purchases and use

of tangible personal property in this state, from the payment of

motor fuel taxes as provided in Section 500.10 of Title 68 of the

Oklahoma Statutes and from payment of the vehicle excise tax levied

on the transfer or first registration of vehicles purchased and used

in Oklahoma, and the vehicles of such districts shall be registered

each year for a nominal fee of One Dollar ($1.00), after having

obtained the proper Oklahoma certificate of title.
Okla. Stat. tit. 82, § 82-1465 — OK Code / Title 82 / Section 82-1465
Renumbered as § 896.13 of this title by Laws 2016, c
Status: in_force

297, § 33, eff. July 1, 2016.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 381
Okla. Stat. tit. 82, § 82-1607 — OK Code / Title 82 / Section 82-1607
Floodplain definitions and one-hundred-year flood
Status: in_force

elevations to be submitted.

The floodplain boards shall delineate and submit to the Oklahoma

Water Resources Board all floodplain definitions and one-hundred-

year flood elevations within their respective area of jurisdiction,

using methods consistent with the criteria and rules developed by

the Board.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 395
Okla. Stat. tit. 82, § 82-1085.26 — OK Code / Title 82 / Section 82-1085.26
Execution of certificates and contracts - Audits
Status: in_force

A. The Chairman and secretary, acting in behalf of the

Commission, shall execute all investment certificates issued by the

Commission and all contracts awarded by the Commission after

approval of the form thereof by the Commission and the Attorney

General.

B. All invoices, bills and claims of whatever nature shall be

subject to audit under provisions of the preaudit law and other laws

relating to the disbursement of public funds.
Okla. Stat. tit. 82, § 82-545 — OK Code / Title 82 / Section 82-545
Hearing on petition - Objections - Declaration of
Status: in_force

organization - Corporate powers - Appeal - Decree as final order.

Any owner of real property in said proposed district who wishes

to object to the organization and incorporation of said district

shall, on or before the date set for the cause to be heard, file, by

attorney or in person, his objections why such district should not

be organized and incorporated. Such objections shall be heard by

the court as an advance case without unnecessary delay. Upon the

said hearing if it shall appear that the purpose of this act would

be subserved by the creation of the conservancy district, and that

fifty-one percent (51%) or more of the landowners and number of

acres of land within the proposed district have filed written

petitions requesting formation of said district, and that by the

date of said hearing fifty-one percent (51%) of the number of owners

and acres of land in the proposed district have not filed written

protest against the formation of the district, the court shall after

hearing all evidence and objections, as justice and equity require,

by its findings, duly entered of record, adjudicate all questions,

and declare the district organized and give it a corporate name, as

"Conservancy District No. ______ of the State of Oklahoma," by which

in all proceedings it shall thereafter be known. The district shall

be a body corporate with all the powers of a corporation, shall have

perpetual existence, with power to sue and be sued to the same

extent as an individual in like cases, to incur debts, liabilities

and obligations; to exercise the right of eminent domain and of

taxation and assessment as herein provided; to issue bonds and to do

and perform all acts as herein expressly authorized and all acts

necessary and proper for the carrying out of the purpose for which

Oklahoma Statutes - Title 82. Waters and Water Rights Page 80

the district was created, and for executing the powers with which it

is invested. In such decree the court shall designate the general

description of the outline of said district substantially as set out

in petition and designate the place where the office or principal

place of business of the district shall be located, which shall be

within the corporate limits of the district, if practicable, and if

not practicable, within one of the counties affected by the

districts and which may be changed by order of court from time to

time. The regular meetings of the board of directors shall be held

at such office or place of business but for cause may be adjourned

to any other convenient place. The official records and files of

the district shall be kept at the office so established. If the

court finds that the property set out in said petition should not be

incorporated into a district, it shall dismiss said proceedings and

adjudge the costs against the signers of the petition in the

proportion of the interest represented by them. Any petitioner may

within sixty (60) days after the refusal, appeal from an order

refusing to establish or establishing such district, to the Supreme

Court of the State of Oklahoma, upon giving bond in a sum to be

fixed by the Court. After an order is entered establishing the

district, such order shall, unless appeal be taken within ninety

(90) days, be deemed final and binding upon the real property within

the district, and shall finally and conclusively establish the

regular organization of the said district, except as to

jurisdictional questions, against all persons, except the State of

Oklahoma upon suit commenced by the Attorney General. Any such suit

by the Attorney General must be commenced within thirty (30) days

after said decree declaring such district organized as herein

provided, and not otherwise. The organization of said district

shall not be directly or collaterally questioned in any suit, action

or proceeding except as herein expressly authorized, except as to

jurisdictional questions.
Okla. Stat. tit. 82, § 82-1087.20 — OK Code / Title 82 / Section 82-1087.20
Penalties
Status: in_force

Any person violating any of the provisions of this act or any

lawful regulation or order issued pursuant thereto shall be guilty

of a misdemeanor and a continuing violation punishable as a separate

offense for each day during which it occurs, and upon conviction

Oklahoma Statutes - Title 82. Waters and Water Rights Page 276

shall be imprisoned in the county jail for not more than ten (10)

days or by a fine of not less than One Hundred Dollars ($100.00) nor

more than One Thousand Dollars ($1,000.00), or by both, for each

such separate offense.
Okla. Stat. tit. 82, § 82-686 — OK Code / Title 82 / Section 82-686
Short forms and abbreviations
Status: in_force

For the sake of convenience:

(a) In any orders of the court the words, "The court now here

finds that it hath jurisdiction of the parties to and of the subject

matter of this proceeding," shall be equivalent to a finding that

each jurisdiction upon the court, beginning with the proper signing

and filing of the initial petition to the date of the order

containing such recital, have been scrutinized by the court and

found to meet every legal requirement imposed by this act.

(b) No other or further evidence of the legal hypothecation of

the special assessment to the payment of the bonds shall be required

than the passage of a bonding resolution by the board of directors

and the issuance of bonds in accordance therewith.

(c) In the preparation of any assessment or appraisal roll the

usual abbreviations employed by engineers, surveyors and abstractors

may be used.

(d) Where properly to describe any parcel of land it would be

necessary to use a long description, the appraisers, after locating

the land generally may refer to the book and page of the public

record of any instrument in which the land is described, which

reference shall suffice to identify for all the purposes of this act

the land described in this public record referred to.

(e) It shall not be necessary in any notice required by this act

to be published to specify the names of the owners of the lands or

of the persons interested therein; but any such notice may be

addressed, "To All Persons Interested," with like effect as though

such notice named by name every owner, of any lands within the

territory specified in the notice and every person interested

therein, and every lienor, actual or inchoate, except that the

notice of assessments or appraisals shall be as provided otherwise

herein.

(f) Every district heretofore created or hereinafter declared

upon hearing to be a conservancy district shall be an improvement

district as provided in Article 16 of the Constitution of Oklahoma,

and shall be invested with all the powers and privileges conferred

upon such districts by the Constitution of Oklahoma and this act.
Okla. Stat. tit. 82, § 82-1085.56 — OK Code / Title 82 / Section 82-1085.56
Rules - Minimum requirements
Status: in_force

The Oklahoma Water Resources Board shall promulgate such rules

as may be necessary for determining the eligibility and priority of

entities for water quality projects in order to receive loans made

pursuant to the federal Water Quality Act of 1987 and from the Clean

Water State Revolving Fund Loan Account. At a minimum, such rules

shall:

1. Ensure the fair and equitable prioritization of entities

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

2. Be in conformance with applicable provisions of Oklahoma's

Water Quality Standards, the Oklahoma Environmental Quality Code,

and the federal Water Quality Act of 1987;

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

the water quality project loan to comply with rules promulgated by

the Environmental Quality Board pursuant to the Oklahoma

Environmental Quality Code, or the Conservation Commission,

whichever has jurisdiction; and

4. Require the water quality project to:

a. be designed to halt or prevent the pollution of the

waters of this state and comply with Oklahoma's Water

Quality Standards,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 245

b. meet the Board's established environmental review

criteria as provided for by the federal Water Quality

Act of 1987,

c. comply with minimum standards of the Federal Water

Pollution Control Act, Chapter 26, Title 33, United

States Code, or any similar or successor statute, and

d. meet any other consideration deemed necessary by the

Board.
Okla. Stat. tit. 82, § 82-1612 — OK Code / Title 82 / Section 82-1612
Construction or development in floodplain area prohibited
Status: in_force

- Exceptions.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 397

A. After a floodplain board has adopted and submitted

floodplain management regulations incorporating the most recent

flood insurance rate maps or flood hazard boundary maps prepared by

the Federal Emergency Management Agency or containing more specific

information to delineate floodplains within the respective areas of

jurisdiction to the Oklahoma Water Resources Board, all platting of

land, all construction of dwelling units or commercial or industrial

structures, and all future development within the delineated

floodplain area is prohibited unless:

1. Floodplain regulations have been adopted pursuant to the

Oklahoma Floodplain Management Act for the delineated floodplain

areas and are in full force and effect;

2. Prior to the platting, construction, and other development,

a development permit is granted by the floodplain board or

accredited floodplain administrator if a floodplain administrator is

authorized to issue development permits by the floodplain management

regulations; or

3. A development permit is granted by the Board, if development

or construction is proposed on lands owned, held in trust or

operated by the state. Notice of the proposed construction or

development must be provided by the permit applicant to the

respective floodplain board of the county or municipality in which

the development or construction is proposed thirty (30) days before

the decision of the Board to approve a development permit for the

construction or development.

B. Development permits authorized by subsection A of this

section may be issued when the applicable floodplain board, or

accredited floodplain administrator or Board, as the case may be,

determines that construction or development in the floodplain in

question complies with the applicable floodplain regulations or

rules and is not a danger to persons or property.
Okla. Stat. tit. 82, § 82-1467 — OK Code / Title 82 / Section 82-1467
Renumbered as § 896.15 of this title by Laws 2016, c
Status: in_force

297, § 35, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-1085.50 — OK Code / Title 82 / Section 82-1085.50
Additional powers and duties of the Oklahoma Water
Status: in_force

Resources Board.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 238

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

in accordance with subsection E of Section 39A of Article X of the

Oklahoma Constitution, the Oklahoma Water Resources Board shall have

the power and duty to:

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

the Water Infrastructure Credit Enhancement Reserve Fund and any

accounts or subaccounts within the fund, pursuant to the authority

of the Oklahoma Water Resources Board as provided for in Section 39A

of Article X of the Oklahoma Constitution, and shall manage the fund

so as to make available the amounts necessary to secure the payment

of principal, interest, and premiums, if any, on bonds and other

financial obligations which the Water Infrastructure Credit

Enhancement Reserve Fund secures;

2. Establish separate accounts and subaccounts within the Water

Infrastructure Credit Enhancement Reserve Fund. All accounts shall

be segregated and used for specified purposes or held as security

for designated obligations;

3. Issue general obligation bonds to provide necessary funds

for the Water Infrastructure Credit Enhancement Reserve Fund

pursuant to the provisions of subsection B of this section; and

4. Transfer, when necessary, monies from the Water

Infrastructure Credit Enhancement Reserve Fund to the Statewide

Water Development Revolving Fund created in Section 1085.40 of Title

82 of the Oklahoma Statutes or Water Resources Fund created in

Section 1085.33 of Title 82 of the Oklahoma Statutes to be used for

the payment of principal, interest, and premiums, if any, on bonds

and other financial obligations which the Water Infrastructure

Credit Enhancement Reserve Fund secures. The use of monies so

transferred and the interest income from such monies shall be

restricted to the purposes specified in Section 39A of Article X of

the Oklahoma Constitution. The Board shall establish any accounts

and subaccounts within the Statewide Water Development Revolving

Fund and Water Resources Fund necessary to implement the provisions

of this paragraph.

B. The Board may issue general obligation bonds to provide

necessary funds for the Water Infrastructure Credit Enhancement

Reserve Fund. The issuance of general obligation bonds shall be

accomplished in the same manner as investment certificates issued

under the provisions of Sections 1085.33 and 1085.37 of Title 82 of

the Oklahoma Statutes. The qualifications and characteristics of

general obligation bonds issued pursuant to this section shall be

the same in all respects as investment certificates issued pursuant

to the provisions of Section 1085.33 of Title 82 of the Oklahoma

Statutes, except that the general obligation bonds issued pursuant

to this section shall be general obligation bonds backed by the full

faith and credit of the State of Oklahoma. The Board shall not

issue such general obligation bonds unless:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 239

1. The Board has determined that:

a. all legally available funds identified in subsection B

of Section 39A of Article X of the Oklahoma

Constitution have been used,

b. there are insufficient monies in the Water

Infrastructure Credit Enhancement Reserve Fund to

cover imminent debt service requirements of the bonds

or other financial obligations which the Water

Infrastructure Credit Enhancement Reserve Fund

secures, and

c. the issuance of the general obligation bonds is

necessary to address a default on the bonds or other

financial obligations which the Water Infrastructure

Credit Enhancement Reserve Fund secures and is

beneficial for the long-term stability of the fund;

2. The issuance of the general obligation bonds has been

approved by resolution of a majority of the members of the Oklahoma

Water Resources Board;

3. The issuance of the general obligation bonds has been

reviewed and approved by the Bond Commissioner of the State of

Oklahoma as required in Section 13 et seq. of Title 62 of the

Oklahoma Statutes; and

4. The issuance of the general obligation bonds has been

reviewed and approved pursuant to the Oklahoma Bond Oversight and

Reform Act.
Okla. Stat. tit. 82, § 82-1324.46 — OK Code / Title 82 / Section 82-1324.46
Domestic water public utility as acquiring party -
Status: in_force

Approval procedures - Inapplicability of certain provisions.

If the acquiring party is a domestic water public utility, and

the district or corporation, control of which is sought to be

acquired in a transaction described in Section 6 of this act which

would require the filing of a statement pursuant to Section 6 of

this act, is subject to the jurisdiction of the Oklahoma Water

Resources Board, an application for approval containing such

information as the Board may prescribe by rule promulgated pursuant

to this act shall be filed with and heard by the Board after such

notice as the Board may prescribe, and the transaction shall be

approved or disapproved based upon the factors enumerated in

paragraphs 1 through 4 of subsection A of Section 8 of this act,

subject to judicial review as provided in Section 13 of this act,

but the other provisions of this act shall not apply to such

transaction. This act shall not apply to consolidations of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 343

districts or corporations governed by Section 1324.25 of Title 82 of

the Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-1085.7B — OK Code / Title 82 / Section 82-1085.7B
OWRB Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Water Resources Board to be designated the “OWRB

Oklahoma Statutes - Title 82. Waters and Water Rights Page 216

Revolving Fund”. The fund shall be a continuing fund, not subject

to fiscal year limitations and shall consist of all monies collected

by the Oklahoma Water Resources Board which are not otherwise

designated. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Oklahoma

Water Resources Board for the purpose of duties imposed upon the

Oklahoma Water Resources Board by law.
Okla. Stat. tit. 82, § 82-896.6 — OK Code / Title 82 / Section 82-896.6
Legislative intent - Construction, operation or
Status: in_force

maintenance of dams or related projects.

A. The term "scenic river" as used in the Scenic Rivers Act is

defined as a stream or river designated pursuant to Section 896.5 of

this title and the public use and access areas located within or

adjacent to the stream or river.

B. It is the intent of the Legislature that a stream or river

designated as a scenic river shall be preserved in its free-flowing

condition and shall not be impounded by any large dam or structure

except as specifically authorized by the Legislature.

C. No agency or official of state government shall authorize or

concur in plans of local, state or federal agencies for the

construction, operation, or maintenance of any dam or related

project in or adjacent to any scenic river without legislative

consent, except as needed by the municipalities located in the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 173

counties or the immediate vicinity of the scenic river for their own

municipal or domestic water supply if such uses and structures will

not significantly interfere with the preservation of the stream as a

scenic free-flowing stream.

D. It is recognized by the Legislature that an effective

program for preserving the scenic beauty of the free-flowing streams

and rivers designated as a scenic river area necessarily involves

the cooperation and support of the people in the operating areas of

a designated scenic river, as well as the people using the scenic

river, and the agencies of state government administering these

areas.

E. The primary purpose of the Scenic Rivers Act is to encourage

the preservation of the areas designated as a scenic river area in

their natural scenic state.
Okla. Stat. tit. 82, § 82-668 — OK Code / Title 82 / Section 82-668
Payment of monies due United States from master
Status: in_force

conservancy districts - Levies and assessments.

All payments to become due to the United States under any

federal contract entered into between a master conservancy district

and the United States may be paid from revenues or derived from

assessments upon the real property of the district, as provided in

the Conservancy Act. It shall be the duty of the board of directors

of a contracting district, pursuant to the provisions of the

Conservancy Act, to make and establish all levies, assessments,

tolls or charges to meet each year the contract indebtedness and

obligation as the same may be provided for in any federal contract

heretofore or hereafter entered into by a contracting district and

to do any and all acts necessary to carry out the provisions of any

such federal contract.
Okla. Stat. tit. 82, § 82-1085.20 — OK Code / Title 82 / Section 82-1085.20
Review of proposed projects or plans - Storage of
Status: in_force

surplus water.

It shall be the duty of the Commission to review any proposed

project or plan whereby waters of this state are to be collected,

stored or retained for any purpose by any dam, reservoir or other

structure constructed or caused to be constructed by the United

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

department, subdivision or instrumentality thereof. Whenever it is

determined by the Commission after such examination, review and

recommendation that there are surplus waters in excess of the

present and future needs of water users of the contributing

watershed available at the proposed dam and reservoir site for the

full and optimum development of any dam, reservoir or other storage

site or location requiring inclusion in such plan or project

Oklahoma Statutes - Title 82. Waters and Water Rights Page 222

provisions for development of water supplies for domestic,

municipal, agricultural, industrial and other purposes, then the

Commission shall notify the responsible agency or department of the

federal government and the agencies of the State of Oklahoma of its

conclusions and request that the design and specifications of such

project be constructed to include storage of such water for such

uses.
Okla. Stat. tit. 82, § 82-1085.35 — OK Code / Title 82 / Section 82-1085.35
Investment certificates - Purchase - Sale
Status: in_force

The State Treasurer is hereby authorized, at his discretion, to

purchase from the Board at private sale not to exceed One Million

Five Hundred Thousand Dollars ($1,500,000.00) in investment

certificates or interim investment certificates for each project,

provided that the rate of interest agreed upon by the Board and the

State Treasurer shall not be less than seven percent (7%). Provided,

the State Treasurer is hereby authorized, at his discretion, to sell

any investment certificates so purchased with any of said sales not

to be less than par, plus interest as accrued.
Okla. Stat. tit. 82, § 82-105.7 — OK Code / Title 82 / Section 82-105.7
Parties to suit - Intervention - Orders
Status: in_force

In any suit for the determination of rights to the use of the

waters of any stream, brought pursuant to Section 6, any person who

is using or who has used water from the stream or who claims the

right or who might claim the right to use water from the stream may

be made a party to the suit. Any person who is using or who has

used or who claims the right to use water from the stream may

intervene. No person not a party to the suit shall be bound by the

decree therein, but the rights determined between the parties

thereto and their privities shall be bound in all subsequent

litigation. When any such suit has been filed, the court may by its

order, duly entered, direct the Board to furnish data necessary for

the determination of the rights involved.
Okla. Stat. tit. 82, § 82-926.2 — OK Code / Title 82 / Section 82-926.2
Renumbered as § 2-6-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-687 — OK Code / Title 82 / Section 82-687
Forms and suggestions
Status: in_force

The following forms may suffice to illustrate the character of

the procedure contemplated by this act; and if substantially

complied with, those things being changed which (to meet the

requirements of the particular case) should be changed, such

procedure shall be held to meet the requirements of this act.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 131

I. Form of Notice of Hearing on the Petition: To all persons

interested, public notice is hereby given:

provisions of the Conservancy Acts of Oklahoma, there was filed in

Conservancy District. (Here insert the purposes.)

(2) That the lands sought to be included in said district

described substantially as follows: (Here insert description of

land.)

(3) That a public hearing on said petition will be had in said

Oklahoma.

All persons and public or private corporations owning or

interested in real estate or other freeholders within the territory

hereinbefore described will be given the opportunity to be heard at

the time and place above specified, as to whether said district

should be established or not.

II. Form of Finding on Hearing: The court at its discretion

may order the formation of said conservancy district in following

form substantially:

organization of a conservancy district under the Conservancy Act of

the State of Oklahoma, the court after a full hearing now here

finds:

(1) That it hath jurisdiction of the parties to, and the subject

matter of this proceeding.

(2) That the purposes for which said district is established

are: (Insert the purposes.)

And that it is a public necessity.

(3) That the public safety, health, convenience and welfare will

be promoted by the organization of a conservancy district

substantially as prayed in said petition (if additional lands are

added by petition) except that the following additional lands at the

petition of the owners thereof should be, and hereby are included in

said districts: (Here insert additional lands.)

Oklahoma Statutes - Title 82. Waters and Water Rights Page 132

(4) That the general boundaries of said district until

specifically delimited by the viewers and engineers are as follows:

(Here insert boundaries of district.)

(5) That the said territory last above described should be

erected into and created a conservancy district under the

Conservancy Act of the State of Oklahoma under the corporate name of

Wherefore, it is by the court ordered, adjudged and decreed:

That the territory as above described be, and the same hereby is

erected into and created a conservancy district, under the

Conservancy District, with its office and principal place of

(If directors are appointed at the same time)

And the following persons are hereby appointed directors of said

conservancy district, until their successors are elected and

qualified:

who are hereby directed to qualify and proceed according to law.

For consideration of other matters herein, this course is

retained on the docket.

Judge.

III. Form of Notice to Property Owners to Pay Assessment:

To All Persons Interested,

Public Notice is Hereby Given:

and has caused the same to be extended upon the assessment

duplicate, which is now in collection by the county treasurer of the

county in which the lands are situated.

(2) That the entire assessment against any parcel of land may be

without interest.

conveniently may be, the board of directors of said district will

divide the uncollected part of said assessment into convenient

installments, and will issue bonds bearing interest not exceeding

eight and one-half percent (8 1/2%) per year in anticipation of the

collection of the several installments of said assessment, pursuant

to the Conservancy Act of the State of Oklahoma.

President.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 133

Secretary.

IV. Form of Bond and Coupon:

UNITED STATES OF AMERICA.

State of Oklahoma.

CONSERVANCY BOND.

KNOW ALL MEN BY THESE PRESENTS:

conservancy district of the State of Oklahoma, acknowledging itself

to owe and for value received hereby promises to pay to bearer

19...., with interest thereon from the date hereof until paid at the

annexed interest coupons as they severally become due. Both

principal and interest of this bond are hereby made payable in

lawful money of the United States of America, at the fiscal agency

of the State of Oklahoma, in the city of New York.

(Here insert a concise and condensed statement of the

proceedings up to the issuing of the bond.)

This bond is one of a series of bonds issued by Conservancy

a system of flood prevention (or for the other works) for said

district and in anticipation of the collection of the several

installments of an assessment duly levied upon lands within said

district and benefited by said improvement in strict compliance with

the Conservancy Act of Oklahoma, and pursuant to an order of the

board of directors of said district duly made and entered of record.

And it is hereby certified and recited that all acts, conditions and

things required to be done in locating and establishing said

district and in equalizing appraisals of benefits and in levying

assessments against lands benefited thereby, and in authorizing,

executing and issuing this bond, have been legally had, done and

performed in due form of law; that the total amount of bonds issued

by said district does not exceed ninety percent (90%) of the

assessments so levied and unpaid at the time said bonds are issued

or any legal limitation thereof.

And for the performance of all the convenants and stipulations

of this bond and of the duties imposed by law upon said district for

the collection of the principal and interest of said assessments and

the application thereof to the payment of this bond and the interest

thereon, and for the levying of such other and further assessments

as are authorized by law and as may be required for the prompt

payment of this bond and the interest thereon, the full faith,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 134

hereby irrevocably pledged.

Conservancy District has caused this bond to be signed by its

president and sealed with the corporate seal of said district,

attested by its secretary, and registered by the State Auditor and

Inspector of the State of Oklahoma, and the coupons hereto annexed

to be executed by the facsimile signature of said president and

President

Secretary.

FORM OF COUPONS.

lawful money of the United States of America, at the office of the

President.

Secretary.

V. Forms of Notice of Enlargement of District:

NOTICE OF ENLARGEMENT OF DISTRICT.

To all persons and public or private corporations interested:

Public Notice Is Hereby Given:

and appointing a board of directors therefor.

(2) That thereafter this court duly appointed:

to be the board of appraisers for said district; that said board of

report recommending the following described lands not originally

included in the district, be added thereto: (Here describe

generally the lands which the report of the board of appraisers

recommends should be added to the district.)

as soon thereafter as the convenience of the court will permit) at

Oklahoma Statutes - Title 82. Waters and Water Rights Page 135

private corporations who are owners of or interested in the property

described in this notice upon the question whether said lands should

be added to and included in said Conservancy District.

Court Clerk, District Court,

FORM OF CERTIFICATE OF LEVY OF

ASSESSMENTS:

Oklahoma:

This is to certify that by virtue and under the authority of the

Conservancy District have and do hereby levy the sum of

interest as provided by law and is payable in installments, with

interest as follows: (Here insert.)

You are further notified that for the account of the maintenance

fund, for the year 19.... , this board has levied the sum of

The amounts of said levies upon the several parcels of land upon

which the same are imposed are set forth upon the schedule hereto

said assessment shall be collectable and payable the present year in

the sums herein specified at the same time that the state and county

taxes are due and collectable and you are directed and ordered to

to demand and collect such assessments as provided by law, and this

Conservancy Assessment Book shall be your authority and the

authority of the treasurer to make such collections.

Witness, the signature of the president of said board of

directors, attested by the seal of said corporation and the

19....

President.

(SEAL)

Secretary.
Okla. Stat. tit. 82, § 82-510 — OK Code / Title 82 / Section 82-510
Partial invalidity
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 63

If any part of this act shall be declared invalid by any court

of competent jurisdiction, such decision shall not affect the

remaining portions hereof.
Okla. Stat. tit. 82, § 82-1020.10 — OK Code / Title 82 / Section 82-1020.10
Temporary or special permits - Limited quantity
Status: in_force

groundwater permits.

A. The procedures provided for in this chapter for the granting

of regular permits shall be applicable to the granting of temporary

or special permits except that the determination of the maximum

annual yield shall not be a condition precedent. Provided a

provisional temporary permit for water may immediately be granted

upon administrative approval by the Oklahoma Water Resources Board.

This permit will be effective for a period of not more than ninety

(90) days. A provisional temporary permit may be renewed three (3)

times for the oil and natural gas industry except in a sole source

aquifer.

B. The Executive Director of the Board may administratively

issue permits to use limited quantities of groundwater. Notice,

procedures and the maximum groundwater quantity authorized for

limited quantity groundwater permits shall be in compliance with

rules promulgated by the Board. In no event shall the maximum

Oklahoma Statutes - Title 82. Waters and Water Rights Page 196

quantity of water authorized in a limited quantity groundwater

permit exceed the amount that would otherwise be allocated by this

chapter.
Okla. Stat. tit. 82, § 82-672 — OK Code / Title 82 / Section 82-672
Injury to survey marks prohibited - Penalty
Status: in_force

The willful destruction, injury or removal of any bench marks,

witness marks, stakes or other reference marks, placed by surveyors

or engineers of the district, or by contractors in constructing the

works of the district, shall be a misdemeanor, punishable by a fine

not exceeding One Hundred Dollars ($100.00).
Okla. Stat. tit. 82, § 82-1020.2 — OK Code / Title 82 / Section 82-1020.2
Declaration of policy - Applicability
Status: in_force

A. It is hereby declared to be the public policy of this state,

in the interest of the agricultural stability, domestic, municipal,

industrial and other beneficial uses, general economy, health and

welfare of the state and its citizens, to utilize the ground water

resources of the state, and for that purpose to provide reasonable

regulations for the allocation for reasonable use based on

hydrologic surveys of fresh ground water basins or subbasins to

determine a restriction on the production, based upon the acres

overlying the ground water basin or subbasin.

B. The provisions of Section 1020.1 et seq. of this title shall

not apply to the taking, using or disposal of salt water associated

with the exploration, production or recovery of oil and gas. The

provisions of this act shall not apply to the taking, using or

disposal of water trapped in producing mines outside of a sensitive

sole source groundwater basin or subbasin.

C. Except as provided for in subsection E of this section, the

provisions of this act shall not apply to the taking, using or

disposal of water trapped in producing mines:

1. That overlie a sensitive sole source groundwater basin or

subbasin and have been permitted by the Oklahoma Department of Mines

as of August 1, 2011;

2. That overlie a sensitive sole source groundwater basin or

subbasin for which an initial application for a permit shall have

Oklahoma Statutes - Title 82. Waters and Water Rights Page 183

been filed with the Oklahoma Department of Mines as of August 1,

2011; or

3. That overlie a sensitive sole source groundwater basin or

subbasin and for which a permit revision is approved by the Oklahoma

Department of Mines.

Provided that the use of mine pit water, pursuant to a site-

specific water management and conservation plan prepared in

consultation with the Oklahoma Water Resources Board, by mines that

are exempted from this act by the terms of this subsection and in

furtherance of mine operations and associated manufacturing and

commercial activities on the mine site, shall be considered as

permitted beneficial uses for all purposes under the laws of the

state.

D. 1. Except with respect to the mines exempted from the terms

of this act under subsections B and C of this section, the Oklahoma

Water Resources Board, in coordination with the Oklahoma Department

of Mines, shall promulgate rules for the taking, using or disposal

of water collecting in producing mine pits and emanating from a

sensitive sole source groundwater basin or subbasin.

2. The rules promulgated by the Oklahoma Water Resources Board

shall require, subject to a de minimis exemption to be promulgated

therein, the development by the mine operator of provisions relating

to the augmentation (a beneficial use) of stream flow or

groundwater, and of site-specific water management and conservation

plans, which plans shall establish threshold hydrologic monitoring,

management and mitigation requirements that are based on relevant

hydrologic surveys and investigations of the sensitive sole source

groundwater basin or subbasin. Such plans submitted to the Oklahoma

Water Resources Board shall be subject to the provisions of the

Oklahoma Open Records Act.

3. The rules promulgated by the Oklahoma Water Resources Board

shall contain provisions relating to augmentation of stream flow or

groundwater, or both, to offset consumptive use of groundwater

collecting in the producing mine pit that emanates from a sensitive

sole source groundwater basin or subbasin in amounts greater than

the equal proportionate share of the maximum annual yield of the

groundwater basin or subbasin established by the Oklahoma Water

Resources Board that may be allocated to the owner or operator of

the producing mine based on groundwater rights owned or leased by

the owner or operator.

E. 1. By no later than January 1, 2013, the operator of a mine

that is exempted from this act by the provisions of subsection C of

this section shall adopt and implement a plan to monitor and report

to the Board the accumulation and disposition of pit water during

the previous calendar year. The operator shall also file with the

Board interim quarterly reports containing information about the

accumulation and disposition of pit water during the previous

Oklahoma Statutes - Title 82. Waters and Water Rights Page 184

quarter. The first interim quarterly report for calendar year 2013

shall be sent to the Board by June 30, 2013, and the annual report

for the calendar year 2013 shall be sent to the Board by March 31,

2014. Thereafter, the annual report for each calendar year shall be

sent to the Board by March 31st of the following year. The

monitoring plan will provide for the measurement or reasonable

estimation of groundwater and surface water volumes, separately

stated, entering the pit, of the water diverted from the pit, of the

disposition of the water from the pit, and of the consumptive use,

as defined in this section, of the mine pit water by the mine

operator. The reports received by the Board will be subject to the

provisions of the Oklahoma Open Records Act. If an operator of a

mine that is exempted from this act by the provisions of subsection

C of this section fails to timely submit an interim quarterly report

or annual report, the exemption of subsection C shall no longer

apply to the mine and the rules promulgated pursuant to subsection D

of this section shall become applicable, provided that such rules

shall contain provisions to allow the operator to show cause why the

exemption contained in subsection C of this section should continue

to apply.

2. If, at any time after March 31, 2015, the amount of

groundwater from the pit (plus amounts of groundwater from permitted

wells, if any) consumptively used in the preceding twelve months by

the mine operator at a mine described in paragraph 1 of this

subsection exceeds the annual amount that is equivalent to the equal

proportionate share of the maximum annual yield of the groundwater

basin or subbasin that could be allocated to the owner or operator

of the producing mine based on groundwater rights owned or leased by

the owner or operator, then the exemption of subsection C of this

section shall no longer apply and the provisions of subsection D of

this section shall become applicable to the mine unless the mine

operator submits a site-specific water management and conservation

plan demonstrating, to the satisfaction of the Board, that such

consumptive use of groundwater in amounts greater than the

equivalent equal proportionate share either is:

a. offset by augmentation of stream water flow or

augmentation of groundwater by recharge, or

b. not likely to reduce the natural flow of springs or

streams emanating from a sensitive sole source

groundwater basin or subbasin, or

c. satisfied by the owner or operator acquiring

sufficient groundwater rights within ninety (90) days

of the reported exceedance.

The plan submitted to the Board will be subject to the provisions of

the Oklahoma Open Records Act. If the exemption of subsection C of

this section no longer applies, the rules promulgated by the

Oklahoma Water Resources Board pursuant to subsection D of this

Oklahoma Statutes - Title 82. Waters and Water Rights Page 185

section shall provide a period of at least ninety (90) days to come

into compliance.

3. If an operator of a mine that is exempt pursuant to

subsection C of this section operates in compliance with a site-

specific water management and conservation plan that complies with

rules promulgated by the Board pursuant to subsection D of this

section, the Board cannot otherwise require the operator of such

mine to take an action or refrain from taking an action that would

effectively prohibit any mining operation or practice that is

otherwise allowed by the Oklahoma Department of Mines.

F. For purposes of this section, "consumptive use" or

“consumptively used” means diversion of water from a mine pit that

is not returned to the groundwater basin or subbasin, or to a mine

pit or holding basin, or to a definite stream, or to the land

surface from which surface runoff flows into a mine pit. The term

"consumptive use” includes the estimated moisture content driven off

or carried away with the mined material transported off the mining

site, plus the amount of evaporation from the mine pit that exceeds

the amount of direct precipitation and surface runoff into the mine

pit, plus any amounts for other proposed beneficial uses off the

mining site.

G. Augmentation of stream flow or groundwater, pursuant to a

site-specific water management and conservation plan prepared in

consultation with the Oklahoma Water Resources Board, shall be

considered a beneficial use and not waste, and shall not count

against permitted surface water or groundwater usage, provided that

taking, using or disposal of water from a producing mine for stream

augmentation pursuant to a site-specific water management and

conservation plan prepared in consultation with the Oklahoma Water

Resources Board, may be claimed in annual water use reports as a

beneficial use for purposes of the maintenance of the right to use

surface water under any permit applicable to such mine. The mine

pit shall be considered a diversion point authorized by the surface

water use permit issued to the mine operator whenever there is

consumptive use of surface water or the surface water is used for

stream augmentation.
Okla. Stat. tit. 82, § 82-636 — OK Code / Title 82 / Section 82-636
Bonds - Issuance - Election - Sale of bonds
Status: in_force

The board of directors may, if in their judgment it seems best,

issue bonds not to exceed ninety percent (90%) of the total amount

of the assessment exclusive of interest, levied under the provisions

of this act, in denomination of not less than One Hundred Dollars

($100.00) bearing interest from date at a rate not to exceed eight

and one-half percent (8 1/2%), per year, payable semiannually, to

mature at annual intervals within thirty (30) years, commencing not

later than five (5) years, to be determined by the board of

directors, both principal and interest payable at such place as may

be designated by the board, but such board of directors shall not

issue any such bonds until a special election shall have been called

and held throughout the territory comprising said improvement

district and said election shall be held under the laws of this

state, and it shall be necessary that sixty percent (60%) of the

owners of property in said district assessed for the execution of

the official plan, voting in said election, shall vote in favor of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 109

issuing said bonds. Said bonds shall be signed by the president of

the board of directors, attested with the seal of said district and

by the signature of the secretary of said board, and shall be

approved as to proceedings by the Attorney General as ex officio

bond commissioner and registered by the State Treasurer. Facsimile

signatures may be used as provided in the Registered Public

Obligations Act of Oklahoma. In case any of the officers whose

signatures, counter signatures or certificates appearing upon bonds

or coupons issued pursuant to this act, shall cease to be such

officer before the delivery of such bonds to the purchaser, such

signatures, or counter signatures and certificates shall

nevertheless be valid and sufficient for all purposes, the same as

if they had remained in office until the delivery of the bonds. All

of said bonds shall be executed and delivered to the State Treasurer

for said district and if said district shall comprise all or part of

two or more counties and if said district is elected entirely within

one county said bond shall be delivered to the county treasurer of

said county, and the board or appointed agent shall sell the same in

such quantities and at such dates as the board of directors may deem

necessary to meet the payments for the works and improvements of the

district. They shall show on their face the purpose for which they

are issued and shall be payable out of the money derived from the

conservancy bond fund. A sufficient amount of the assessment shall

be appropriated by the board of directors for the purpose of paying

the principal and interest of bonds and the same shall, when

collected, be set apart in a separate fund for that purpose based on

an equal percentage of increase of all assessments therefor made,

such percentage increase to be approved by the district court having

jurisdiction, and no other. All bonds and coupons not paid at

maturity shall bear interest at the rate of eight and one-half

percent (8 1/2%), per year, from maturity until paid or until

sufficient funds have been deposited at the place of payment. Any

expenses incurred in paying said bonds and interest thereon and

reasonable compensation for the fiscal agent for registering and

paying same, shall be paid out of the other funds in the hands of

the district treasurer and collected for the purpose of meeting the

expenses of the administration. It shall be the duty of said board

of directors in making the annual assessment levy, as heretofore

provided, to take into account the maturing bonds and interest on

all bonds, and to make ample provisions in advance for the payment

thereof. In case the proceeds of the original special assessment

made under the provisions of this act are not sufficient to pay the

principal and interest of all bonds issued, then the board of

directors shall make such additional levy or levies as are necessary

for this purpose, and under no circumstances shall any assessment

levies be made that will in any manner or to any extent impair the

security of the principal and interest of the same. For such

Oklahoma Statutes - Title 82. Waters and Water Rights Page 110

deposits the district shall receive not less than three percent

(3%), per year, on daily balances. The funds derived from the sale

of said bonds or any of them shall be used for the purpose of paying

the cost of the works and improvements and such costs, expenses,

fees and salaries as may be authorized by law and shall be used for

no other purpose.

If at any time after the bonds are ready to be issued, the board

shall be of the opinion that such bonds cannot advantageously be

issued and sold in whole or in part, the said board may sell parts

only of the entire issue. No bonds issued by any conservancy

district shall be sold for less than par, and accrued interest to

date, and any member of the board of directors or other official of

the conservancy district, who shall participate in the sale of said

bonds for less than provided above, shall be liable on his official

bond for twice the value of the amount lost to the district, by the

sale at the suit of the district or any person interested therein.

The district may secure the payment of loans from the United

States government in the same manner as it may secure the payment of

bonds, and the board of directors may make any necessary regulations

to provide for such payment.

A party who has not sought a remedy against any proceeding under

this act until after the bonds or any part thereof have been sold or

the work or any part thereof constructed, cannot for any cause have

an injunction against the collection of special assessments for the

payment of said bonds except as to original jurisdiction.

The bonds shall have all the qualities of negotiable paper under

the negotiable instrument law of the state, and when executed,

sealed, approved and registered in the office of the State Treasurer

in conformity with the provisions of this act, and when sold in the

manner prescribed herein and the consideration therefor received by

the district, shall be incontestable after thirty (30) days from

approval by the Attorney General, ex officio bond commissioner. No

proceedings in respect to the issuance of such bonds shall be

necessary except such as are required by this act. Whenever the

owners of any coupon bond issued pursuant to the provisions of this

act shall present such bond to the treasurer or appointed agent of

the district with a request for the conversion of such bond into a

registered bond, the said treasurer or appointed agent shall cut off

and cancel the coupons of any such coupon bond so presented and

shall stamp, print or write either upon the back or the face of such

bonds, as may be convenient, a statement to the effect that the said

bond is registered in the name of the new owner and that thereafter

the interest and principal of said bond are payable to the

registered owner. Thereafter and from time to time, such bonds may

be transferred by such registered owner in person or by attorney

duly authorized on presentation of such bond to the treasurer of the

district and the bond again registered as before, a similar

Oklahoma Statutes - Title 82. Waters and Water Rights Page 111

statement being stamped, printed or written thereon, such statement

stamped, printed or written upon any such bond may be substantially

in the following form:

(Date, giving month, year and day)

This bond is registered pursuant to the statutes in such case

made and provided, in the name of (here insert name and address of

owner) and the interest and principal thereof and hereafter is

payable to such owner.

If any bond shall be registered as aforesaid, the principal and

interest of such bond shall be payable to the registered owner. The

treasurer or appointed agent of the district shall enter in a

register of bonds to be kept by him or in a separate book, the fact

of the registration of such bond and the name and address of the

registered owner thereof, so that said register or books shall at

all times show what bonds are registered and the name and address of

the registered owner thereof.
Okla. Stat. tit. 82, § 82-105.31 — OK Code / Title 82 / Section 82-105.31
Records of Oklahoma Water Resources Board open to
Status: in_force

public.

The records of the office of the Board shall be public records,

shall remain on file in its office and shall be open to the

inspection of the public at all times during business hours. Such

records shall show in full all lists of vested water rights in the

several stream systems of the state, permits issued, completion of

works reports, together with all actions thereon or decisions of the

Board affecting any rights or claims to appropriate water. Certified

copies of any records or papers on file in the office of the Board

shall be evidence equally with the originals thereof and when

introduced as evidence shall have the same validity as the

originals.
Okla. Stat. tit. 82, § 82-684 — OK Code / Title 82 / Section 82-684
Partial invalidity
Status: in_force

In case any section or sections or part of any sections of this

act shall be found to be unconstitutional, the remainder of the act

shall not thereby be invalidated, but shall remain in full force and

effect.
Okla. Stat. tit. 82, § 82-1452 — OK Code / Title 82 / Section 82-1452
Renumbered as § 896.5 of this title by Laws 2016, c. 297,
Status: in_force

§ 25, eff. July 1, 2016.
Okla. Stat. tit. 82, § 82-532 — OK Code / Title 82 / Section 82-532
Change of names of boards, commissions, etc. - Transfer of powers and duties to
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 2powers and duties to Oklahoma Planning and Resources Board.

Whenever the words "Commission of Drainage and Irrigation" occur

in Chapter 139 of the 1923-1924 Session Laws of the State of

Oklahoma, and where the words "Commission of Drainage and Irrigation

and Reclamation," and whenever the words "Commission of Drainage and

Irrigation" occur in said chapter, and whenever the words

"Commissioner of Drainage, Irrigation and Reclamation" occur in

Oklahoma Statutes - Title 82. Waters and Water Rights Page 70

Chapter 148, Session Laws of Oklahoma 1925, and whenever the words

"Conservation Commission" occur in Chapter 70 of the 1927 Session

Laws of the State of Oklahoma, and whenever the words "Conservation

Commission" occur in Article 2 and Article 3 of Chapter 70 of the

1935 Session Laws of the State of Oklahoma, and whenever the words

"Oklahoma Forest Commission" occur in Chapter 146 of the Session

Laws of 1925, and whenever the words "Oklahoma Forest Commission,"

or "Commission" occur in Chapter 102 of the Oklahoma Session Laws of

1927, and whenever the words "The Oklahoma State Planning Board"

occur in Article 23 of Chapter 24 of the 1935 Session Laws of

Oklahoma, and whenever the words "The State Engineer" occur in

Article 2, Chapter 70 of the Oklahoma Statutes of 1931, occur, there

shall be substituted therefor "Oklahoma Planning and Resources

Board"; and whatever powers, rights and duties and limitation are

conferred under Chapter 42 of the Session Laws of 1925 hereby be

transferred to the said Oklahoma Planning and Resources Board.
Okla. Stat. tit. 82, § 82-1020.14 — OK Code / Title 82 / Section 82-1020.14
Prior use of groundwater
Status: in_force

Nothing in this act shall be construed to deprive any person of

any right to the use of ground water in such quantities and amounts

as were used or were entitled to be used prior to the enactment

hereof. Any person having the right to place ground water to

beneficial use prior to the effective date of this act shall have

the right to bring his use under the provisions of this act.

Determinations of prior rights to the use of groundwater made by the

Board pursuant to Board rules and regulations are hereby validated.
Okla. Stat. tit. 82, § 82-1085.37 — OK Code / Title 82 / Section 82-1085.37
Certification of investment certificate proceedings
Status: in_force

and sale.

Within ten (10) days of receipt of the transcript of proceedings

on said investment certificates, the Attorney General of Oklahoma

shall examine and approve or disapprove all of the proceedings of

the Board and all resolutions passed and actions taken by it in

connection with the authorization, issuance and sale of such

investment certificates and shall, if he finds such investment

certificate proceedings and sale to be constitutional and lawful,

execute his certificate and file the same of record in the office of

the Secretary of State of Oklahoma, which said certificate shall

read substantially as follows:

I have examined all proceedings had in connection with the

issuance of the Water Resources Investment Certificates in the

aggregate principal amount of $___________, dated ________,

authorized and sold pursuant to ____________, and find said

proceedings and sale to be constitutional, lawful and regular in all

particulars and that said investment certificates will be valid

obligations of the Water Resources Board. Unless suit thereon shall

be brought in the Supreme Court of Oklahoma within thirty (30) days

from the date of this certificate, said investment certificates

shall be incontestable for all purposes.

_____________________ ________________________________

Date Attorney General of Oklahoma

Upon the filing of such certificate, investment certificates

issued pursuant to proceedings so examined by the Attorney General

shall be incontestable for all purposes upon the expiration of

thirty (30) days from the date of such certificate, unless suit be

brought in the Supreme Court of Oklahoma prior to the expiration of

said period. A facsimile of such Attorney General's certificate

Oklahoma Statutes - Title 82. Waters and Water Rights Page 232

shall appear on each investment certificate so issued. Failure of

the Attorney General to approve or otherwise act upon such

proceedings as required herein shall, for all purposes, be deemed an

approval of such proceedings and a waiver of the requirement for his

certification. In the absence of an express certification, the

thirty-day period for the filing of suit in the Supreme Court of

Oklahoma shall commence upon the eleventh day following receipt of

the transcript of proceedings in the office of the Attorney General.

The Supreme Court of Oklahoma is hereby vested with exclusive

jurisdiction over any litigation involving the validity of any

investment certificates issued under the provisions of Section

1085.33 of this title.
Okla. Stat. tit. 82, § 82-1085.42 — OK Code / Title 82 / Section 82-1085.42
Judical review - Jurisdiction - Notice and hearing
Status: in_force

The Board is authorized in its discretion to file an application

with the Supreme Court of Oklahoma for approval by the Court of any

investment certificates to be issued under the provisions of Section

1085.33 of Title 82 of the Oklahoma Statutes, or to file a petition

for a judgment determining the validity of any proposed contract or

action arising from the exercise of any of the powers, rights,

privileges and functions conferred upon the Board, eligible public

agencies or public trusts under the provisions of Sections 1085.33

through 1085.39 of the Oklahoma Statutes and Sections 9 and 10 of

this act; and exclusive original jurisdiction is hereby conferred

upon the Supreme Court to hear and determine each such application

or petition. Notice of the hearing on each application and petition

shall be given by a notice published in a newspaper of general

circulation in the state that on a day named the Board will ask the

Court to hear its application and approve the investment

certificates, or hear its petition and enter a declaratory judgment.

Such notice shall inform property owners, taxpayers, ratepayers,

citizens and all persons having or claiming any right, title or

interest in such matter or properties or funds to be affected by the

issuance of such investment certificates, or proposed contract or

action, or affected in any way thereby, that they may file protests

against the issuance of the investment certificates, the validity of

the contracts or action, or the declaratory judgment, and be present

at the hearings and contest the legality thereof. Such notice shall

be published one time not less than ten (10) days prior to the date

named for the hearing and the hearing may be adjourned from time to

time in the discretion of the Court. If the Court is satisfied that

the investment certificates described in the application have been

properly authorized in accordance with Sections 1085.33 through

1085.37 of Title 82 of the Oklahoma Statutes and that, when issued,

they will constitute valid obligations in accordance with their

terms, the Court shall render its written opinion approving the

investment certificates, and shall, upon application of the Board,

also issue an order permanently enjoining all persons described in

the aforesaid notice from thereafter instituting any action or

proceeding contesting the validity of such investment certificates,

or of the rates, fees or charges authorized to be charged for the

payment thereof, or the pledge of revenues, monies, securities,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 236

contract rights or other personal property to secure such payment,

and shall fix the time within which a petition for rehearing may be

filed. If the Court is satisfied that a proposed contract or action

described in a petition filed pursuant to this section is in

accordance with the provisions of Sections 1085.33 through 1085.39

of Title 82 of the Oklahoma Statutes and Sections 9 and 10 of this

act, the Court shall enter a judgment approving and declaring such

contract or action to be valid, and shall, upon application of the

Board, also issue an order permanently enjoining all persons

described in the aforesaid notice from thereafter instituting any

action or proceeding contesting the validity of such contract or

action, and shall fix the time within which the petition for

rehearing may be filed. The decision of the Court shall be a

judicial determination of the validity of the investment

certificates, shall be conclusive as to the Board, its officers and

agents, and thereafter the obligations so approved and the revenues,

monies, securities, contract rights or other personal property

pledged to their payments shall be incontestable in any court in the

State of Oklahoma, and any declaratory judgment on any contract or

action of the Board, any eligible public agency or any public trust

entered pursuant to this section shall have the force and effect of

a final judgment or decree.
Okla. Stat. tit. 82, § 82-1107 — OK Code / Title 82 / Section 82-1107
Plan for future development, construction and
Status: in_force

improvement.

The board of directors of a port authority shall prepare or

cause to be prepared a plan for the future development,

construction, and improvement of the port and its facilities,

including such maps, profiles, and other data and descriptions as

may be necessary to set forth the location and character of the work

Oklahoma Statutes - Title 82. Waters and Water Rights Page 286

to be undertaken by the port authority. Upon the completion of such

plan the board of directors shall cause notice by publication as

provided in Section 1 of this act to be given in each county in

which there is a political subdivision participating in the creation

of the port authority, and shall likewise cause notice to be served

upon the owners of the uplands contiguous to any submerged lands

affected by such plan in the manner provided by law for the service

of notice in the levy of special assessments by municipal

corporations, and shall permit the inspection thereof at their

office by all persons interested. Said notice shall fix the time

and place for the hearing of all objections to said plan, which

shall be not less than thirty (30) nor more than sixty (60) days

after the last publication of said notice and after service of

notice upon the owners of such uplands. Any interested person may

file written objections to such plan, provided such objections are

filed with the secretary of the board of directors at his office not

less than five (5) days prior to the date fixed for said hearing.

After said hearing the board of directors may adopt such plan with

any modifications or amendments thereto as the official plan of the

port authority.
Okla. Stat. tit. 82, § 82-876 — OK Code / Title 82 / Section 82-876
Bonds exempted from taxation except inheritance taxes -
Status: in_force

Bonds and securities.

All bonds and the interest thereon issued pursuant to the

provisions of this act shall be exempt from taxation, except

inheritance taxes, by the State of Oklahoma or by any municipal

corporation, county or other political subdivision or taxing

district of the state.

Bonds issued under the provisions of this act are hereby made

securities in which all public officers and public bodies, agencies

and instrumentalities of the state and its political subdivisions,

all banks, trust companies, trust and loan associations, investment

companies, and others carrying on a banking business, and all

insurance companies and insurance associations, and others carrying

on an insurance business, may legally and properly invest funds

including capital in their control or belonging to them. Such bonds

are also approved as collateral security for the deposit of any

public funds and for the investment of trust funds.
Okla. Stat. tit. 82, § 82-870 — OK Code / Title 82 / Section 82-870
Bonds - Authorization to issue - Provisions of resolution
Status: in_force

Approval by Attorney General - Registration - Notice of meetings and conference concerningand indenture or agreement - Approval by Attorney General -

Registration - Notice of meetings and conference concerning certain

coal plants.

The district shall have power and is hereby authorized to issue

from time to time, as the need therefor arises, revenue bonds for

its corporate purposes in such amount or amounts not to exceed Three

Billion Six Hundred Million Dollars ($3,600,000,000.00) outstanding

at any time as are necessary, incidental or convenient to the

exercise of the powers, rights, privileges and functions conferred

upon it by Section 862 of this title, or any other act or law, and

without limitations of the generality of the powers, rights and

privileges heretofore granted, for acquiring a steam generating

plant or plants and related facilities, and to extend, improve and

reconstruct the same; and for constructing, installing and acquiring

dams, reservoirs, hydroelectric power plants, or any electrical

generating plant or plants or any other electrical power or

generating facilities; or any plant or plants for the production of

steam for heating and processing purposes; and all and any

facilities of every kind necessary, incidental or convenient for the

production and generation of electric power and energy; and for

acquiring, constructing and installing transmission lines,

substations and all facilities necessary, incidental or convenient

to the sale, resale, interchange and distribution of electric power

and energy; and for carrying on the business and functions of the

district, as is now or hereafter may be authorized by law; and for

acquiring additions and improvements to and extensions of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 155

facilities, at any time existing, of the district; and for the

acquisition of lands and rights-of-way for such use as is now, or

may be, authorized by law for the construction, replacement and

repair of any dams, plants or other facilities of the district; and

to enable it to finance, in cooperation with any public agency, as

defined under the Interlocal Cooperation Act, Sections 1001 through

1008 of Title 74 of the Oklahoma Statutes, any other agency of

government, rural electric cooperative corporation, or any private

or public corporation, the development and utilization of electrical

energy or the water resources and rights in waters vested in the

district for such purposes as are, or may be, authorized by the laws

of Oklahoma, and for financing and refinancing present outstanding

obligations of the district, including the payment of any claims,

charges or interest on bonds required to be paid. The bonds herein

authorized may either be (1) sold for cash, at public or private

sale, at such price or prices as the Board shall determine with the

advice and assistance of the State Bond Advisor, or (2) may be

issued on such terms as the Board shall determine in exchange for

property of any kind, real, personal or mixed, or any interest

therein which the Board shall deem necessary, incidental or

convenient for any such corporate purposes, or (3) may be issued in

exchange for like principal amounts of other obligations of the

district, matured or unmatured, or (4) may be issued in such

principal amounts that when the proceeds thereof are invested in

legal and qualified investments, the proceeds together with the

resulting proceeds of such investments will be sufficient to retire

the outstanding indebtedness or any portion thereof at maturity or

at prior redemption or upon purchase or tender for purchase. The

proceeds of sale of such bonds shall be deposited in such bank or

banks or trust company or trust companies, and shall be paid out

pursuant to such terms and conditions as may be agreed upon between

the district and the purchasers of such bonds. All such bonds shall

be authorized by resolutions of the Board concurred in by at least

four of the members thereof, and shall bear such date or dates,

mature at such time or times, bear interest at such rate or rates,

at such time or times, be in such denominations, be in such form,

either coupon or registered, carry such registration privileges as

to principal only or as to both principal and interest, and as to

exchange of coupon bonds for registered bonds or vice versa, and

exchange of bonds of one denomination for bonds of other

denominations, be executed in such manner and be payable at such

place or places within or without this state as such resolution or

resolutions may provide. Any resolution or resolutions, including

any related trust indenture or indentures, authorizing any bonds may

contain provisions which shall be part of the contract between the

district and the holders thereof from time to time (a) reserving the

right to redeem such bonds at such time or times, in such amounts

Oklahoma Statutes - Title 82. Waters and Water Rights Page 156

and at such prices as may be provided, (b) providing for the setting

aside of sinking funds or reserve funds and the regulation and

disposition thereof, (c) pledging to secure the payment of the

principal of and interest on such bonds and of the sinking fund or

reserve fund payments agreed to be made in respect of such bonds all

or any part of the gross or net revenues thereafter received by the

district in respect of the property, real, personal or mixed, to be

acquired or constructed with such bonds or the proceeds thereof, or

all or any part of the gross or net revenues thereafter received by

the district from whatever source derived and monies and securities

held under such resolutions or indentures or contract rights with

respect to any of the foregoing, (d) prescribing the purposes to

which such bonds or any bonds thereafter to be issued, or the

proceeds thereof, may be applied, (e) agreeing to fix and collect

rates and charges sufficient to produce revenues adequate to pay the

items specified in subparagraphs (a), (b), (c), (d) and (e) of

Section 868 of this title and prescribing the use and disposition of

all revenues, and the investment of such revenues and other monies

pending their expenditures in investments authorized or permitted by

law, (f) prescribing limitations upon the issuance of additional

bonds and upon the agreements which may be made with the purchasers

and successive holders thereof, (g) with regard to the construction,

extension, improvement, reconstruction, operation, maintenance and

repair of the properties of the district, carrying of insurance upon

all or any part of the properties covering loss or damage or loss of

use and occupancy resulting from specified risk, (h) fixing the

procedure, if any, by which, if the district shall so desire, the

terms of any contract with the holders of such bonds may be amended

or abrogated, the amount of bonds the holders of which must consent

thereto, and the manner in which such consent may be given, (i) for

the execution and delivery by the district to a bank or trust

company authorized by law to accept trusts, or to the United States

of America or any office or agency thereof, of indentures and

agreements for the benefit of the holders of such bonds setting

forth any or all of the agreements herein authorized to be made with

or from the benefit of the holders of such bonds and such other

provisions as may be customary in such indentures or agreements, and

(j) such other provisions, not inconsistent with the provisions of

Section 861 et seq. of this title, as the Board may approve.

Any such resolution and any indenture or agreement entered into

pursuant thereto may provide that in the event that (a) default

shall be made in the payment of the interest on any or all bonds

when and as the same shall become due and payable, or (b) default

shall be made in the payment of the principal of any or all bonds

when and as the same shall become due and payable, whether at the

maturity thereof, by call for redemption or otherwise, or (c)

default shall be made in the performance for any agreement made with

Oklahoma Statutes - Title 82. Waters and Water Rights Page 157

the purchasers or successive holders of any bonds, and such default

shall have continued such period, if any, as may be prescribed by

the resolution in respect thereof, the trustee under the indenture

or indentures entered into in respect of the bonds authorized

thereby, or if there shall be no such indenture, a trustee appointed

in the manner provided in such resolution or resolutions by the

holders of twenty-five percent (25%) in aggregate principal amount

of the bonds authorized thereby and at the time outstanding may,

and, upon the written request of the holders of twenty-five percent

(25%) in aggregate principal amount of the bonds authorized by such

resolution or resolutions at the time outstanding, shall, in his,

her, or its own name, but for the equal and proportionate benefit of

the holders of all of such bonds, and with or without possession

thereof,

(1) By mandamus or other suit, action or proceeding at law

or in equity, enforce all rights of the holders of

such bonds,

(2) Bring suit upon such bonds and/or the appurtenant

coupons,

(3) By action or suit in equity, require the district to

account as if it were the trustee of an express trust

for the bondholders,

(4) By action or suit in equity, enjoin any acts or things

which may be unlawful or in violation of the rights of

the holders of such bonds, and/or

(5) After such notice to the district as such resolution

may provide, declare the principal of all of such

bonds due and payable, and if all defaults shall have

been made good, then with the written consent of the

holder or holders of twenty-five percent (25%) in

aggregate principal amount of such bonds at the time

outstanding annul such declaration and its

consequence; provided, however, that the holders of

more than a majority in principal amount of the bonds

authorized thereby and at the time outstanding by

instrument or instruments in writing delivered to such

trustee have the right to direct and control any and

all action taken or to be taken by such trustee under

this paragraph. Any such resolution, indenture or

agreement may provide that in any such suit, action or

proceeding, any such trustee, whether or not all of

such bonds shall have been declared due and payable,

and with or without possession of any thereof, shall

be entitled as of right to the appointment of a

receiver who may enter and take possession of all or

any part of the properties of the district and operate

and maintain the same, and fix, collect and receive

Oklahoma Statutes - Title 82. Waters and Water Rights Page 158

rates and charges sufficient to provide revenues

adequate to pay the items set forth in subparagraphs

(a), (b), (c), (d) and (e) of Section 868 of this

title and the costs and disbursements of such suit,

action or proceeding, and to apply such revenues in

conformity with the provisions of Section 861 et seq.

of this title and the resolution or resolutions

authorizing such bonds. In any suit, action or

proceeding by any such trustee, the reasonable fees,

counsel fees and expense of such trustee and of the

receiver or receivers, if any, shall constitute

taxable disbursements and all costs and disbursements,

and all costs and disbursements allowed by the court

shall be a first charge upon any revenues pledged to

secure the payment of such bonds. Subject to the

provisions of the Oklahoma Constitution, the courts of

the County of Craig, or other county wherein the

domicile may be situated, shall have jurisdiction of

any such suit, action or proceeding by any such

trustee on behalf of the bondholders and of all

property involved therein. In addition to the powers

hereinabove specifically provided for, each such

trustee shall have and possess all powers necessary or

appropriate for the exercise of any thereof, or

incident to the general representation of the

bondholders in the enforcement of their right.

Before any bonds shall be sold by the district, a certified copy

of the proceedings for the issuance thereof, including the form of

such bonds, together with any other information which the Attorney

General of this state may require, shall be submitted to the

Attorney General and if he or she shall find that such bonds have

been issued in accordance with law he or she shall approve such

bonds and execute a certificate to that effect which shall be filed

in the Office of the State Auditor and Inspector of this state and

be recorded in a record kept for that purpose. No bonds shall be

issued until the same shall have been registered by the State

Auditor and Inspector, who shall so register the same if the

Attorney General shall have filed with the State Auditor and

Inspector his or her certificate approving the bonds and the

proceedings for the issuance thereof as hereinabove provided. All

bonds approved by the Attorney General as aforesaid, and registered

by the State Auditor and Inspector as aforesaid, and issued in

accordance with the proceedings so approved shall be valid and

binding obligations of the district and shall be incontestable for

any cause from and after the time of such registration.
Okla. Stat. tit. 82, § 82-1112 — OK Code / Title 82 / Section 82-1112
Bids
Status: in_force

A. Public construction contracts as such term is defined by the

Public Competitive Bidding Act of 1974 and executed by a port

authority created pursuant to Section 1102 of this title shall be

subject to the Public Competitive Bidding Act of 1974.

B. 1. Except as otherwise provided by subsection C of this

section, no sale of any real property or personal property having a

fair market value exceeding the public construction contract amount

specified by the Public Competitive Bidding Act of 1974 shall be

made by the port authority unless notice calling for bids for the

contract has been given by publication as provided by Section 1101

of this title.

2. No sale of real property or personal property shall be made

except to the highest responsible bidder.

3. In the case of any sale of land by the port authority

requiring competitive bids, specifications for the bids for the sale

shall be in such form and detail as is determined by the port

authority. Provided, however, if the port authority finds that an

immediate emergency exists, which findings shall be entered in the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 288

minutes of the port authority, by reason of which an expenditure in

an amount exceeding the public construction contract amount

specified by the Public Competitive Bidding Act of 1974 is necessary

in order to avoid loss of life, substantial damage to property, or

damage to the public peace or safety, then such contracts may be

executed without public notice or competitive bids.

C. Competitive bids shall not be required for the sale of real

property or personal property by a port authority if:

1. The real property or personal property is to be sold for

industrial development purposes;

2. The real property or personal property was acquired by the

port authority for industrial development purposes; and

3. The contract for the sale of the real property or personal

property has been approved by the board of directors of such port

authority.

D. Every public construction contract or contract for the sale

of real property or personal property shall be executed in writing.

If the public construction contract involves work or construction,

the contract shall be accompanied by or shall refer to plans and

specifications for the work to be done, prepared for and approved by

the port authority, signed by the chairman of the port authority and

by the contractor, and shall be executed in triplicate.
Okla. Stat. tit. 82, § 82-277.10 — OK Code / Title 82 / Section 82-277.10
Money judgments against district
Status: in_force

Money judgments against the district shall be satisfied in the

manner provided in Sections 365.1 through 365.6 of Title 62 of the

Oklahoma Statutes, for paying judgments against county or other

municipal subdivisions of this state. The district is authorized to

levy special assessments to carry out the provisions of this

section.
Okla. Stat. tit. 82, § 82-105.30 — OK Code / Title 82 / Section 82-105.30
Extension of period of withdrawal under national
Status: in_force

emergency.

In case of national emergency, such as war, during periods when

materials for the construction of projects as herein contemplated by

the United States may not be available, such periods of emergency

shall not be chargeable to the maximum period provided for the

construction of projects initiated under this act.
Okla. Stat. tit. 82, § 82-1085.9 — OK Code / Title 82 / Section 82-1085.9
Penalties
Status: in_force

If any employee of the Oklahoma Water Resources Board shall fail

to make his quarterly report to the Auditor of Oklahoma as provided

herein, or shall wilfully make any false entry or statement therein,

or shall fail to report all fees collected by the Oklahoma Water

Resources Board or its clerks, or shall fail or refuse to pay into

the State Treasury all monies received by the Oklahoma Water

Resources Board or its clerks, as fees during each quarter, shall be

guilty of a misdemeanor, and shall upon conviction be fined not less

than One Thousand Dollars ($1,000.00) nor more than Ten Thousand

Dollars ($10,000.00).
Okla. Stat. tit. 82, § 82-1324.11 — OK Code / Title 82 / Section 82-1324.11
Revenues
Status: in_force

A. Rural water, sewer, gas and solid waste management districts

formed pursuant to this act shall be operated without profit, but

the rates, fees, rents or other charges for water, gas and other

facilities, supplies, equipment or services furnished by the

district shall be sufficient at all times:

1. To pay all operating and maintenance expenses necessary or

desirable for the prudent conduct of its affairs and the principal

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

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

2. For the creation of adequate reserves for the retirement of

indebtedness, maintenance and other purposes necessary and expedient

to meeting all obligations of the district.

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

payment of operating and maintenance expenses and the principal and

interest on outstanding obligations, and, thereafter, to such

reserves for improvements, retirement of indebtedness, new

construction, depreciation and contingencies as the board of

directors may from time to time prescribe.

C. Rates shall be reviewed and adjusted as deemed necessary by

the board of directors to ensure that revenues will be adequate for,

but not exceed, the amounts required for the purposes provided for

in subsection B of this section.
Okla. Stat. tit. 82, § 82-1125 — OK Code / Title 82 / Section 82-1125
Refunding bonds
Status: in_force

The board of directors of a port authority may issue bonds

hereunder for the purpose of refunding any bonds or other

obligations of the port authority theretofore issued pursuant to

this act; or it may authorize a single issue of bonds hereunder for

the purpose in part of refunding such previous obligations and in

part for the making of additions, improvements and extensions to

such buildings and facilities, or the construction and acquisition

of additional buildings and facilities, and furnishing and equipping

thereof.

Where bonds are issued under this paragraph solely for refunding

purposes, such bonds either may be sold as provided in Section 13 of

this act or may be exchanged for outstanding obligations. If sold,

the proceeds either may be applied to payment of obligations

refunded or may be deposited in escrow for the retirement thereof.

All refunding bonds issued under this section shall in all respects

be authorized, issued and secured in the manner provided for other

bonds issued under this act and shall have all attributes of such

bonds. The board of directors may provide that any such refunding

bonds shall have the same priority of lien on the revenues pledged

for their payment as was provided for obligations refunded thereby.
Okla. Stat. tit. 82, § 82-1108 — OK Code / Title 82 / Section 82-1108
Modification, amendment or extension of plan
Status: in_force

The board of directors shall, from time to time after the

adoption of said official plan, have the power to modify, amend or

extend the same, provided that upon the making of any such

modification, amendment or extension thereof, the board of directors

shall cause notice to be given and shall conduct a hearing, all as

provided in Section 7 of this act, and shall not adopt any

modification, amendment, or extension until the notice has been

given and hearing held as herein provided.
Okla. Stat. tit. 82, § 82-1272 — OK Code / Title 82 / Section 82-1272
Powers of district
Status: in_force

Each district 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 water rights, construct, erect, purchase, lease as

lessee and in any manner acquire, own, hold, maintain, improve,

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, treat, store and dispose of water or

sewage. All plans for facilities must be submitted to and approved

by the Oklahoma Water Resources Board and the State Department of

Health. The disposal of any water outside the State of Oklahoma

shall not be permitted without the consent of the Legislature;

4. Borrow money and otherwise contract indebtedness, issue or

execute its obligations therefore, including, without limitation,

bond anticipation notes and refunding bonds and secure the payment

thereof by mortgage, pledge or deed of trust of all or any of its

property, assets, franchises, rights, privileges, licenses, rights-

of-way, easements, revenues or income, only upon the affirmative

vote of at least three-fourths (3/4) of all the members of the board

as constituted;

5. Have and exercise the right of eminent domain for the

purpose of acquiring right-of-way and other properties necessary in

the construction or operation of its property and business and in

the manner now provided by the condemnation laws of this state for

Oklahoma Statutes - Title 82. Waters and Water Rights Page 303

acquiring private property for public use. No district shall have

the right to exercise the power of eminent domain for the purpose of

acquiring water rights or mineral interests;

6. Accept gifts, loans, or grants of money, services,

franchises, rights, privileges, licenses, rights-of-way, easements

or other property, real or personal, or provisions for nonpayment as

may be authorized oravailable to the district pursuant to federal,

state or local regulations, or programs;

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

exercise of the powers of the district on such terms and for such

period of time as its Board of Directors shall determine;

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

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

services furnished by the district. The rates shall be just,

reasonable and nondiscriminatory. The value of water rights held by

the district shall not be considered in the determination of rates;

9. Conduct its affairs within this state subject to the

provisions of this act;

10. Conduct its business so that appropriated 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;

11. Invest funds in the same manner as generally authorized for

counties and municipalities and for the purpose of defraying

interest expenses related to facility construction debt service;

12. Prepay principal payments when permitted without penalty

and as appropriate to reduction of interest or expenses;

13. Conduct planning in accordance with the concepts and

principles of any applicable, adopted state plans for current and

future water and sewage needs, investigate the desirability of and

necessity for additional sources and supplies of water, and make

studies, surveys and estimates as may be necessary to determine the

feasibility and cost of any water or sewage facilities;

14. Individually or jointly with other persons or public

agencies acquire, own, hire, use, operate, lease as lessor or

lessee, and dispose of personal property and real property and any

interest therein, including projects existing, proposed or under

construction, and make improvements thereon;

15. Determine the locations and character of, and all other

matters in connection with, any and all projects or activities it is

authorized to acquire, hold, establish, effectuate, operate or

control;

16. Enter into contracts with persons or public agencies for

the sale, purchase or provision of all or any part of the water

facilities or sewage facilities, or any services or products derived

therefrom, in accordance with this act; and contract with any person

or public agency for the planning, development, construction,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 304

operation, sale or lease as lessor or lessee of any water facility

or sewage facility or any part thereof;

17. Procure insurance against any losses in connection with its

property, operations or assets in such amounts and from such sources

as it deems desirable, or self-insure against such losses;

18. Enter onto any private or public lands after notice to and

permission of the owner thereof for the purpose of making surveys,

inspections or other activities related to its powers under this

act;

19. Adopt regulations as it deems necessary, not inconsistent

with state law or the powers of any existing public agency to adopt

or enforce regulations, to protect its water supplies and facilities

and sewage facilities;

20. 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 purpose for which the district is

organized, and exercise all other powers not inconsistent with the

Articles of Association forming the district pursuant to the

Interlocal Cooperation Act, the Constitution of the State of

Oklahoma or the United States Constitution which may be reasonably

necessary or appropriate or incidental to the exercise of any of the

powers enumerated in this act.

The district may perform any act authorized by this act through,

or by means of, its officers, agents or employees or by contract

with any person, including, without limitation, the employment of

engineers, architects, attorneys, appraisers, financial advisers and

such other consultants and employees as may be required in the

judgment of the board of directors, and fix and pay their

compensation from funds available to the district therefore.

Nothing in this section shall authorize a district to take or

disturb properties or facilities belonging to any public utility,

public agency, individual citizen, business entity or common

carrier, which properties or facilities are required for the proper

and convenient operation of such public utility, public agency or

common carrier, unless provision is made for the restoration,

relocation or duplication of such properties or facilities elsewhere

at the sole cost of the district.
Okla. Stat. tit. 82, § 82-861A — OK Code / Title 82 / Section 82-861A
Grand River Dam Authority - Designation as state agency
Status: in_force

A. The Grand River Dam Authority, created pursuant to the

provisions of the Grand River Dam Authority Act, Section 861 et seq.

of this title, is a nonappropriated agency of the State of Oklahoma.

The Grand River Dam Authority herein referred to as the "district"

is subject to the laws of the state as they apply to state agencies

except as specifically exempted by statute. All funds generated,

received and expended by the district are public funds and subject

to state laws and regulations governing the receipt and expenditure

of public funds in the same manner as all other state agencies

except as otherwise provided by statute. The employees of the

district are both classified and unclassified state employees

subject to the same benefits and restrictions applicable to all

state agencies except as otherwise provided by statute.

B. Recognizing that the district is a unique agency of this

state, whose mission requires the ability of the district to

function in competition with private industry within the competitive

power market, the Legislature hereby requires the Grand River Dam

Authority Board of Directors as the rulemaking authority for the

district to:

1. Promulgate appropriate rules governing operations of the

district pursuant to the provisions of Article I of the

Administrative Procedures Act, with the exception of rules dealing

with the waters of the Grand River and its tributaries; and

2. Set fees for services performed by the district; provided

that such fees shall not exceed the cost to the district of

providing such services;

3. Develop written policies and procedures governing the

district's activities including purchasing, procurement and bidding,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 138

purchase and disposition of real and personal property, fleet

management marketing, consumer education, community relations and

customer service functions performed by the district to the extent

it deems necessary; and

4. Develop written hiring and compensation policies of

employees of the district, subject to the provisions of Section 864

of this title.

C. The district is required to document business expenses

necessary to carry out the business of the district. Expenses shall

meet current State of Oklahoma and Internal Revenue Service

guidelines for business expense deductibility.

D. If necessary to comply with the provisions of this act, the

Board may, by majority vote, employ an independent audit firm to

assist it in its duties. Funds required for this purpose shall be

borne by the district with approval by the Board.

E. The Board of Directors or the management of the district may

seek advice from the State Treasurer or the State Bond Advisor as it

deems necessary.

F. After the effective date of this act, the district shall not

provide retail electric power or retail electric service to electric

consuming facilities except to:

1. An existing electric consuming facility if such electric

power was being provided by the district on the effective date of

August 29, 2003; and

2. Any entity located within the boundary of the Oklahoma

Ordnance Works Authority/Mid-America Industrial Park or within a

two-mile radius of the boundary.

Retail distribution of electric power shall be defined as any

sale not for resale.
Okla. Stat. tit. 82, § 82-105.6 — OK Code / Title 82 / Section 82-105.6
Adjudication of rights - Suit
Status: in_force

When the Board determines the best interests of the claimants to

the use of water from a stream system will be served by a

determination of all rights to the use of water of such system, the

Board may institute a suit on behalf of the state for the

determination of all rights to the use of such water and shall

diligently prosecute the same to a final adjudication. The cost of

such suit, including the costs on behalf of the state, shall be

charged against each of the parties thereto in proportion to the

amount of water rights allotted. Provided that after the effective

date of June 10, 1963, neither the bringing of such suit nor an

adjudication in such a suit shall be a condition precedent to the

granting of permits and licenses as authorized by this act.
Okla. Stat. tit. 82, § 82-861 — OK Code / Title 82 / Section 82-861
District created and territory included - Governmental
Status: in_force

agency and body politic - Powers - Designation of land and water.

There is hereby created within the State of Oklahoma a

conservation and reclamation district to be known as "Grand River

Dam Authority", hereinafter called the district, and consisting of

that part of the State of Oklahoma which is included within the

boundaries of the Counties of Adair, Cherokee, Craig, Delaware,

Mayes, Muskogee, Ottawa, Osage, Pawnee, Payne, Lincoln, Logan,

Tulsa, Wagoner, Sequoyah, Haskell, Latimer, Pittsburg, McIntosh,

Creek, Okmulgee, Nowata, Washington and Rogers. Such district shall

be, and is hereby declared to be, a governmental agency of the State

of Oklahoma, body politic and corporate, with powers of government

and with the authority to exercise the rights, privileges and

functions hereinafter specified, including the control, storing,

preservation and distribution of the waters of the Grand River and

its tributaries, for irrigation, power and other useful purposes and

reclamation and irrigation of arid, semiarid and other lands needing

irrigation, and the conservation and development of the forests,

minerals, land, water and other resources and the conservation and

development of hydroelectric power and other electrical energy, from

whatever source derived, of the State of Oklahoma.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 137

Nothing in this act or in any other act or law contained,

however, shall be construed as authorizing the district to levy or

collect taxes or assessments, or to create any indebtedness payable

out of the taxes or assessments, or in any manner to pledge the

credit of the State of Oklahoma, or any subdivision thereof.

All that body of land and the water impounded above the

Pensacola Dam, Pensacola Project, shall be hereafter designated and

known as "Grand Lake O'The Cherokees". All that body of land and

the water impounded above Robert S. Kerr Dam, Markham Ferry Project,

shall be hereafter designated and known as "Lake Hudson". All that

body of land and the water impounded above Chimney Rock Dam, Salina

Pumped-Storage Project, shall be designated and known as "W. R.

Holway Reservoir".
Okla. Stat. tit. 82, § 82-871 — OK Code / Title 82 / Section 82-871
Bonds negotiable
Status: in_force

All bonds issued by the district pursuant to the provisions of

this act shall constitute negotiable instruments within the meaning

of The Negotiable Instruments Law.
Okla. Stat. tit. 82, § 82-1106 — OK Code / Title 82 / Section 82-1106
Port authority - Powers
Status: in_force

A port authority established pursuant to Section 1101 et seq. of

this title shall have full power and authority to:

1. Purchase, construct, reconstruct, sell, lease, operate, and

otherwise contract concerning docks, wharves, warehouses, piers, and

other port, terminal, industrial, or transportation facilities

within its jurisdiction consistent with the purposes of the port

authority, and to make charges for the use thereof;

2. Borrow money from either public or private financial

institutions, sources or any agency of the State of Oklahoma or of

the United States of America, and to issue therefor such notes or

other evidence of indebtedness as may be required and to mortgage,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 284

pledge, or otherwise encumber the assets of the authority as

security therefor;

3. Apply for, receive, and participate in any grants from the

State of Oklahoma or from the United States of America;

4. Straighten, deepen, improve, construct, reconstruct, or

extend any canal, channel, river, stream, basin, or other

watercourse or way which may be necessary or proper in the

development of the facilities of the port;

5. Acquire, own, hold, sell, lease, operate, or otherwise

contract concerning real or personal property for the authorized

purposes of the port authority;

6. Acquire, own, maintain, sell, or lease land within its

jurisdiction as it may deem desirable for the development, planning,

construction, operation, or leasing of land or completed industrial

facilities for industrial use which is hereby declared to be for a

public purpose;

7. Apply to the proper authorities of the United States

pursuant to appropriate law for the right to establish, operate, and

maintain foreign trade zones within the limits prescribed by the

United States Foreign Trade Zones Board and to establish, operate,

and maintain such foreign trade zones;

8. Exercise the right of eminent domain to appropriate any

land, rights, rights-of-way, franchises, easements, or other

property, necessary or proper for the construction or the efficient

operation of any facility of the port authority and included in its

official plan, pursuant to the procedure provided by law for

railroad companies, if funds equal to the appraised value of the

property to be acquired as the result of such proceedings shall be

on hand and available for such purposes, except that nothing

contained in Sections 1101 to 1114, inclusive, of this title shall

authorize a port authority to take or disturb property or facilities

belonging to any public corporation, public utility, or common

carrier, which property or facilities are necessary and convenient

in the operation of the public corporation, public utility, or

common carrier, unless provision is made for the restoration,

relocating, or duplication of such property or facilities, or upon

the election of such public corporation, public utility, or common

carrier for the payment of compensation, if any, at the sole cost of

the port authority; provided that:

a. if any restoration or duplication proposed to be made

hereunder shall involve a relocation of property or

facilities, the new facilities and location shall be

of at least comparable utilitarian value and

effectiveness and relocation shall not impair the

ability of the public utility or common carrier to

compete in its original area of operation,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 285

b. if any restoration or duplication made hereunder shall

involve a relocation of such property or facilities,

the port authority shall acquire no interest or right

in or to the appropriated property or facilities,

except as provided in paragraph 3 of this section,

until the relocated property or facilities are

available for use and until marketable title thereto

has been transferred to the public utility or common

carrier, and

c. provisions for restoration or duplication shall be

described in detail in the resolution for

appropriation passed by the port authority;

9. Maintain such funds as it deems necessary;

10. Direct its agents or employees, when properly identified in

writing, and after at least five (5) days' written notice, to enter

upon lands within the confines of its jurisdiction in order to make

surveys and examinations preliminary to location and construction of

works for the purposes of the port authority, without liability of

the port authority or its agents or employees except for actual

damage done;

11. Sell or lease real and personal property not needed for the

operation of the port authority and grant easements or rights-of-way

over property of the port authority;

12. Promote, advertise, and publicize the port and its

facilities, provide traffic information and rate information to

shippers and shipping interests, and appear before rate making

authorities to represent and promote the interests of the port;

13. Repay grants or loans made prior to the effective date of

this act where the funds have been expended for a proper purpose of

the authority as originally authorized; and

14. Enter into cooperative agreements with one or more other

port authorities to exercise any of the powers or to perform any of

the duties conferred by this section. Cooperative agreements

authorized by this paragraph need not comply with the provisions of

the Interlocal Cooperation Act.
Okla. Stat. tit. 82, § 82-1113 — OK Code / Title 82 / Section 82-1113
Budget - Disposition of rents and charges
Status: in_force

(a) The board of directors of a port authority created in

accordance with Section 2 of this Act shall annually prepare a

budget for the port authority.

(b) Rents and charges received by the port authority shall be

used for the general expenses of the port authority and to pay

interest, amortization, and retirement charges on money borrowed. If

there remains, at the end of any calendar year, any surplus of such

funds after providing for the above uses, the board of directors may

pay such surplus into the general funds of the political

subdivisions creating and comprising the port authority in

proportion to the taxable value of all property within the port

authority which shall be listed on the general tax lists for the

respective subdivisions.
Okla. Stat. tit. 82, § 82-1141 — OK Code / Title 82 / Section 82-1141
Oklahoma Ports Infrastructure Revolving Fund (OPIRF)
Status: reserved

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

fund for the Department of Transportation to be designated the

“Oklahoma Ports Infrastructure Revolving Fund (OPIRF)”. The fund

shall be a continuing fund, not subject to fiscal year limitations,

for the purpose of pooling all monies received by the Department of

Transportation from appropriations, dedicated revenues, federal

funds, private contributions or other sources authorized by law

dedicated to the McClellan-Kerr Arkansas River Navigation System

(MKARNS) or the waterway ports of this state. Such monies shall

include but not be limited to:

1. Monies received by the Department of Transportation for

waterway projects or infrastructure projects at waterway ports;

2. Principal and interest and penalty payments on loans made

directly from appropriated monies in the fund; and

3. Any other sums deposited into the fund from any public or

private source.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department of

Transportation for qualified projects upon review by the Department

of Transportation and approval from the Transportation Commission.

Expenditures from the fund 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.

B. The monies placed in the OPIRF shall be invested by the

State Treasurer as prescribed by Section 89.2 of Title 62 of the

Oklahoma Statutes. Notwithstanding any other provision of law,

income and earnings on the fund shall accrue to the fund and may be

used for the purposes provided for in this section. Any interest

earned by the State Treasurer from such funds invested shall be

deposited in the OPIRF.

C. As used in this section, a “qualified project” shall:

1. Enhance the safe and efficient operation of the commercial

waterway systems of this state; or

Oklahoma Statutes - Title 82. Waters and Water Rights Page 297

2. Repair, improve, or construct waterway or industrial park

infrastructure located at or within waterway ports of this state

that are determined to provide a public benefit.

Such projects shall be developed in consultation with the United

States Army Corps of Engineers and all Indian tribes with an

ownership interest in the riverbed of the Arkansas River when

necessary.

D. The OPIRF may be utilized by port authorities which have

active waterway ports in this state for pooling available federal,

private, and state monies for capital projects at their ports for

purposes authorized by Section 1106 of this title.

E. The Department of Transportation shall:

1. Grant or make loans from the OPIRF for qualified projects in

order to implement the provisions of this section;

2. Grant an amount not to exceed twenty percent (20%) of the

funds available in the OPIRF during any one (1) year for qualified

projects; and

3. Loan an amount not to exceed thirty-five percent (35%) of

the funds available in the OPIRF during any one (1) year for

qualified projects.

No less than ten percent (10%) of the funds available in the

OPIRF during any one (1) year shall be reserved for emergency

repairs to ports or waterway infrastructure as authorized by the

Transportation Commission. Such determination of ten percent (10%)

shall be made based off of the funds available in the OPIRF at the

start of each calendar year.

F. The Department of Transportation shall promulgate rules

necessary to effectuate the provisions of this section. The

Department of Transportation shall also promulgate rules to ensure

that any grants or loans made from the OPIRF are made at market-

competitive terms.
Okla. Stat. tit. 82, § 82-105.1A — OK Code / Title 82 / Section 82-105.1A
Purpose of law - Legislative intent
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 16

It is the intent of the Oklahoma Legislature that the purpose of

Section 105.1 through Section 105.32 of this title is to provide for

stability and certainty in water rights by replacing the

incompatible dual systems of riparian and appropriative water rights

which governed the use of water from definite streams in Oklahoma

prior to June 10, 1963, with an appropriation system of regulation

requiring the beneficial use of water and providing that priority in

time shall give the better right. These sections are intended to

provide that riparian landowners may use water for domestic uses and

store water in definite streams and that appropriations shall not

interfere with such domestic uses, to recognize through

administrative adjudications all uses, riparian and appropriative,

existing prior to June 10, 1963, and to extinguish future claims to

use water, except for domestic use, based only on ownership of

riparian lands.
Okla. Stat. tit. 82, § 82-1085.5 — OK Code / Title 82 / Section 82-1085.5
Account book
Status: in_force

The Oklahoma Water Resources Board shall keep an account of all

fees in a book provided for that purpose, showing the amount charged

and the amount received, from whom and for what purpose, and the

date thereof. The totals for each month shall, at the close

thereof, be legibly and correctly entered in said book opposite the

month during which the same have been collected or charged, showing

the amount charged, the amount received and the amount remaining due

and unpaid.
Okla. Stat. tit. 82, § 82-1020.11 — OK Code / Title 82 / Section 82-1020.11
Types of permits - Fees
Status: in_force

A. Regular Permit. A regular permit is an authorization to put

groundwater to beneficial use for other than domestic purposes. The

regular permit shall be granted only after completion of the

hydrologic survey and determination of the maximum annual yield for

the appropriate basin or subbasin. It can be revoked or canceled

only as provided in Sections 1020.12 and 1020.15 of this title.

B. Temporary Permit.

1. A temporary permit is an authorization for the same purposes

as a regular permit but granted by the Oklahoma Water Resources

Board prior to completion of the hydrologic survey and the

determination of the maximum annual yield of the basin or subbasin.

2. Except as otherwise provided by this subsection, unless

requested by a majority of the surface owners of the land or by the

applicant, the water allocated by a temporary permit shall not be

less than two (2) acre-feet annually for each acre of land owned or

leased by the applicant in the basin or subbasin. If the applicant

presents clear and convincing evidence that allocations in excess of

two (2) acre-feet annually for each acre of land overlying the basin

or subbasin will not exhaust the water thereunder in less than

twenty (20) years, then the Board may issue temporary permits in

such basin or subbasin in such amounts in excess of said limitation

as will assure a minimum twenty-year life for such basin or

subbasin.

3. A temporary permit must be revalidated annually during its

term. The permit shall lapse at expiration of its term or upon the

issuance of a regular permit, whichever shall occur first. It is

subject to revocation or cancellation as provided in Sections

1020.12 and 1020.15 of this title. For temporary permit

revalidation purposes, water use report forms shall be mailed by the

Board to each temporary permit holder. Timely return of the

completed, signed, and dated water use report form to the Board

shall automatically revalidate a temporary groundwater permit if the

revalidation is not protested and if the water use report form does

not show or reflect any permit-water use violations.

4. If the revalidation of a permit is protested, the Board

shall immediately set a date for hearing and notify the applicant

and each protestant of the time and place of the hearing. At the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 197

hearing, any interested person may appear and present evidence and

argument in support of or in opposition to the protest and

revalidation. At the hearing on the revalidation protest, matters

previously presented or considered and adjudicated shall not be

subject to reconsideration or readjudication. The protest issues

which may be entertained shall be limited to matters not previously

determined, including but not limited to: a material or substantial

change in conditions since issuance of the permit; evidence of the

applicant's noncompliance with any of the terms, provisions, or

conditions of the permit; or subsequent violations of the Oklahoma

Groundwater Law, or Board rules and regulations.

5. Subject to compliance with all other and applicable

provisions of this chapter and rules and regulations of the Board,

all temporary permits "revalidated" by the Board prior to the

effective date of this act are hereby validated.

C. Special Permit. A special permit is an authorization by the

Board in lieu of or in addition to a regular or temporary permit.

The special permit is granted to put groundwater to a beneficial use

which shall require quantities of water in excess of that allocated

under a regular or temporary permit. The water so authorized may be

used only for the purpose designated in the permit. The permit

shall be granted for a period not to exceed six (6) months and may

be renewed three (3) times. Successive special permits shall not be

granted for the same purpose. It is subject to revocation or

cancellation upon failure to use the water for the purpose granted

or as provided in Sections 1020.12 and 1020.15 of this title.

D. Except as provided in Section 1020.21 of this title, no

permits shall be issued to an applicant who is not the surface owner

of the land on which the well is to be located, or does not hold a

valid lease from such owner permitting withdrawal of water from such

basin or subbasin.
Okla. Stat. tit. 82, § 82-504 — OK Code / Title 82 / Section 82-504
Decree to describe district - State Board as directors
Status: in_force

In such decree the court shall designate the general description

of the outline of said district and shall appoint as directors

thereof the members of the Conservation Commission of the State of

Oklahoma and their successors in office, who shall thereupon have

and exercise with reference to such conservancy districts all powers

and duties conferred upon said Commission by Chapter 70, Article 5,

Oklahoma Statutes of 1931, as amended by House Bill No. 84, of the

Fifteenth Legislature of the State of Oklahoma.
Okla. Stat. tit. 82, § 82-1501-801 — OK Code / Title 82 / Section 82-1501-801
Liberal interpretation
Status: in_force

The provisions of this act, being necessary for the welfare of

the state and its inhabitants, shall be liberally construed to

effect the purposes and objects hereof.
Okla. Stat. tit. 82, § 82-1324.32 — OK Code / Title 82 / Section 82-1324.32
Written proposals - Approval or disapproval - Petition
Status: in_force

for establishment of district - Hearing - Orders.

A. Prior to the organization of a district, the corporation

shall have prepared a proposal in written form. The proposal shall

include but not be limited to:

1. the reasons for organizing and constituting a district;

2. the advantages and disadvantages which would accrue from

implementation of the proposal;

3. a brief and concise description of the territory to be

embraced within the proposed district;

4. a statement that the territory described in paragraph 3 of

this subsection does not include any territory that is presently

within the boundaries of any other district or public water supply

system;

5. a statement that the proposed district is embracing only

those lands within the proposed boundaries described in paragraph 3

Oklahoma Statutes - Title 82. Waters and Water Rights Page 335

of this subsection which can reasonably and economically be served

in the foreseeable future;

6. a statement that the organization of a district shall result

in a voluntary dissolution of the corporation and upon passage of

the proposal shall constitute the consent of the board of directors

and the membership of the corporation to dissolve the corporation;

7. a statement that upon the affirmative order of the board of

county commissioners to organize the district, the current board of

directors and officers for the corporation shall serve as the board

of directors and officers of the district until the next designated

meeting of the district; and

8. a statement that upon the affirmative order of the board of

county commissioners to organize the district, the bylaws of the

corporation shall, as appropriate, constitute the bylaws of the

district.

B. The written proposal shall be considered and acted upon by

the board of directors of such corporation at a duly called meeting.

If the board of directors approves the proposal by resolution by a

majority vote, the proposal shall then be submitted to a vote of the

membership of the corporation at a regular or special membership

meeting. A member of the corporation may cast his vote inperson or

by proxy. Prior to the meeting a copy of the approved resolution

and a stamped return envelope shall be mailed to the membership of

the corporation. The appointment of a proxy shall be in writing

filed with the secretary of the corporation at or before the

meeting. In all other matters the appointment and authority of a

proxy shall be governed by the provisions of Section 1057 of Title

18 of the Oklahoma Statutes.

If the proposal is not approved by a majority vote of the

membership of the corporation, the proposal shall not be

implemented.

C. Upon approval of the proposal by the membership of the

corporation and by all secured creditors, the board of directors

shall file a petition, addressed to the board of county

commissioners having jurisdiction as provided by subsection D of

this section, for the establishment of the district. The proposal as

approved by the membership and the board of directors and a list of

the names and addresses of each of the secured creditors of the

corporation shall be attached to the petition as exhibits.

D. 1. If the corporation is situated in one county, the

petition shall be filed with the county clerk of said county, and

the board of county commissioners of said county shall have

jurisdiction to hear and determine the petition.

2. If the corporation is situated in more than one (1) county,

the petition shall be filed with the county clerk of the county in

which the greatest membership of the corporation is located and the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 336

board of county commissioners of such county shall have jurisdiction

to hear and determine the petition.

E. Upon receipt of said petition, the county clerk shall

thereupon give notice to the board of county commissioners of theOklahoma Statutes - Title 82. Waters and Water Rights Page 11h the county clerk of the county in

which the greatest membership of the corporation is located and the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 336

board of county commissioners of such county shall have jurisdiction

to hear and determine the petition.

E. Upon receipt of said petition, the county clerk shall

thereupon give notice to the board of county commissioners of the

filing and pendency of said petition, whereupon the county

commissioners of the county wherein the petition is filed shall

enter its order setting hearing and giving notice of the hearing,

ten (10) days prior to the hearing. The board of county

commissioners shall cause notice of such hearing to be published for

at least one (1) day in a newspaper of general circulation published

in the county or counties embraced within the proposed district. In

addition to the notice as prescribed by this subsection, the county

clerk shall at least ten (10) days before the date fixed for said

hearing give or send by certified mail, return receipt requested,

notice thereof to:

1. each secured creditor of the corporation, addressed to the

secured creditor's last-known address as specified by the exhibit

attached to the petition;

2. any other rural water district and other public water

supplier in the county or counties in which the corporation has

membership or serves; and

3. any city or municipality adjacent or contiguous to the

proposed territory of the proposed district.

F. After the hearing, if the board finds that the averments of

the petition are true and that the corporation should be organized

and constitute a district pursuant to the Rural Water, Sewer, Gas

and Solid Waste Management Districts Act, the board shall enter its

order directing the organization of such district and shall declare

the land described in the petition or any part thereof to be

incorporated as a district under the name of "Rural Water and/or

Sewer and/or Gas and/or Solid Waste Management District No. ____,

_____ County, Oklahoma" (inserting number in order of incorporation

and name of county). Thereupon the district shall be a legally

constituted district pursuant to the Rural Water, Sewer, Gas and

Solid Waste Management Districts Act. The board of county

commissioners shall enter upon its records full minutes of such

hearing, together with its order creating the rural district under

the corporate name specified by this subsection.
Okla. Stat. tit. 82, § 82-1501-407 — OK Code / Title 82 / Section 82-1501-407
Renumbered as § 3-3-304 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1324.16 — OK Code / Title 82 / Section 82-1324.16
Term of office - Annual meeting - Elections - Training
Status: in_force

workshops - Nepotism.

A. Except as otherwise provided by law:

1. The term of office of every member elected to an original

board shall be until the date of the annual meeting of the

participating members of either the first, second or third year

following the year of the incorporation of the district. Members

shall serve until their successors are elected and have qualified.

As nearly as possible, the terms of an equal number of directors on

any such board shall expire on each of the dates;

2. The bylaws of the district shall specify the length of the

term of office of its directors, which term shall not exceed six (6)

years. At the annual meeting of each year after the year of the

election of the original board members, elections shall be held to

elect directors to fill any position on the board, the term of

office of which has expired, and any director so elected shall hold

Oklahoma Statutes - Title 82. Waters and Water Rights Page 327

office until a successor is elected and has qualified. A director

may be elected to succeeding terms without limitation; and

3. For the purpose of election of board members and for such

other purposes as the bylaws may prescribe, annual meetings of

participating members shall be held by each district each year

following the year of incorporation of such district. The board of

directors shall cause notice of the time and place of each annual

meeting and the purpose thereof to be given to each of its

participating members. Each participating member shall be entitled

to a single vote, regardless of the number of benefit units to which

the member has subscribed.

B. 1. A requirement for qualification to serve as a board

member for a rural water district or a nonprofit rural water

corporation shall be a written pledge that upon election such board

member shall attend a minimum of six (6) hours of workshop training

to be offered periodically on a regional basis within twelve (12)

months following election of such board member, and to be organized

by the Oklahoma Water Resources Board in cooperation with the

Oklahoma Rural Water Association with the purpose of study and

instruction in areas of district financing, law, and the ethics,

duties and responsibilities of district board members. Beginning

July 1, 2001, all new and existing board members shall be required

to obtain continuing education by attending a minimum of six (6)

hours of workshop training every three (3) years.

2. The district or corporation shall reimburse all reasonable

expenses incurred by any board member for attending such training

workshop.

3. To avoid members having to interfere with their jobs or

employment, such training sessions may be divided into three-hour

segments, and insofar as possible be scheduled for evening sessions.

Technology center school facilities, college facilities or other

public facilities may be utilized in all parts of the state for

convenience of the members. Such workshops must be offered within

seventy-five (75) miles of the members' residences.

C. Should any pledging board member fail to attend the workshop

training as required in subsection B of this section, he or she

shall be deemed ineligible to serve as a board member commencing at

the next regularly scheduled meeting of the board following the

twelve-month period. The remaining board members shall select from

the membership, as provided by the district or corporation bylaws,

another qualified member to fill the vacancy and that person shall

pledge to attend the workshop training provided for in this section.

The appointed member shall only serve until the next regularly

scheduled election of board members and an election shall be held to

fill the unexpired term of the vacated position.

D. Upon the election of a board member, the provisions of

Sections 481 through 487 of Title 21 of the Oklahoma Statutes

Oklahoma Statutes - Title 82. Waters and Water Rights Page 328

relating to nepotism shall not prohibit any employee already in the

service of the district from continuing in such service or from

promotion therein. Provided, however, the board member related to

the employee shall be excused from the board meeting during any

discussion of or action taken on any matter that could affect the

employment or compensation for employment of such employee.