Okla. Stat. tit. 82, § 82-1020.3 — OK Code / Title 82 / Section 82-1020.3
Domestic use - Spacing of wells and waste
Status: in_force

Any landowner has a right to take ground water from land owned

by him for domestic use without a permit. Wells for domestic use

shall not be subject to well spacing orders, but are subject to

sanctions against waste.
Okla. Stat. tit. 82, § 82-1324.8 — OK Code / Title 82 / Section 82-1324.8
Filing of water purchase contracts
Status: in_force

When a water purchase contract has been executed, the board of

directors shall either file a copy of the water purchase contract

with the Oklahoma Water Resources Board or file an application for

appropriation of water with the board.
Okla. Stat. tit. 82, § 82-1421 — OK Code / Title 82 / Section 82-1421
Approval of compact - Text
Status: in_force

The following Interstate Compact is hereby approved and ratified

subject to the conditions stated in Section 2 of this act.

ARKANSAS RIVER BASIN COMPACT

ARKANSAS-OKLAHOMA, 1970

The State of Arkansas and the State of Oklahoma, acting through

their duly authorized Compact representatives, S. Keith Jackson of

Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations

participated in by Trigg Twichell, appointed by the President as the

representative of the United States of America, pursuant to and in

accordance with the consent to such negotiations granted by an Act

of Congress of the United States of America (Public Law 97, 84th

Congress, 1st session), approved June 28, 1955, have agreed as

follows respecting the waters of the Arkansas River and its

tributaries:

ARTICLE I

The major purposes of this Compact are:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 353

A. To promote interstate comity between the States of Arkansas

and Oklahoma;

B. To provide for an equitable apportionment of the waters of

the Arkansas River between the States of Arkansas and Oklahoma and

to promote the orderly development thereof;

C. To provide an agency for administering the water

apportionment agreed to herein;

D. To encourage the maintenance of an active pollution abate-

ment program in each of the two states and to seek the further

reduction of both natural and man-made pollution in the waters of

the Arkansas River Basin; and

E. To facilitate the cooperation of the water administration

agencies of the States of Arkansas and Oklahoma in the total

development and management of the water resources of the Arkansas

River Basin.

ARTICLE II

As used in the Compact:

A. The term "state" means either state signatory hereto and

shall be construed to include any person or persons, entity or

agency of either state who, by reason of official responsibility or

by designation of the Governor of that state, is acting as an

official representative of that state.

B. The term "Arkansas-Oklahoma Arkansas River Compact

Commission," or the term "Commission" means the agency created by

this Compact for the administration thereof.

C. The term "Arkansas River Basin" means all of the drainage

basin of the Arkansas River and its tributaries from a point

immediately below the confluence of the Grand-Neosho River with the

Arkansas River near Muskogee, Oklahoma, to a point immediately below

the confluence of Lee Creek with the Arkansas River near Van Buren,

Arkansas, together with the drainage basin of Spavinaw Creek in

Arkansas, but excluding that portion of the drainage basin of the

Canadian River below Eufaula Dam.

D. The term "Spavinaw Creek Subbasin" means the drainage area

of Spavinaw Creek in the State of Arkansas.

E. The term "Illinois River Subbasin" means the drainage area

of Illinois River in the State of Arkansas.

F. The term "Lee Creek Subbasin" means the drainage area of Lee

Creek in the State of Arkansas and the State of Oklahoma.

G. The term "Poteau River Subbasin" means the drainage area of

Poteau River in the State of Arkansas.

H. The term "Arkansas River Subbasin" means all areas of the

Arkansas River Basin except the four sub-basins described above.

I. The term "water-year" means a twelve-month period beginning

on October 1, and ending September 30.

J. The term "annual yield" means the computed annual gross

runoff from any specified subbasin which would have passed any

Oklahoma Statutes - Title 82. Waters and Water Rights Page 354

certain point on a stream and would have originated within any

specified area under natural conditions, without any man-made

depletion or accretion during the water year.

K. The term "pollution" means contamination or other

alterations of the physical, chemical, biological or radiological

properties of water or the discharge of any liquid, gaseous, or

solid substances into any waters which creates, or is likely to

result in a nuisance, or which renders or is likely to render the

waters into which it is discharged harmful, detrimental or injurious

to public health, safety, or welfare, or which is harmful,

detrimental or injurious to beneficial uses of the water.

ARTICLE III

A. The physical and other conditions peculiar to the Arkansas

River Basin constitute the basis of this Compact, and neither of the

states hereby, nor the Congress of the United States by its consent

hereto, concedes that this Compact established any general principle

with respect to any other interstate stream.

B. By this Compact, neither state signatory hereto is

relinquishing any interest or right it may have with respect to any

waters flowing between them which do not originate in the Arkansas

River Basin as defined by this Compact.

ARTICLE IV

The States of Arkansas and Oklahoma hereby agree upon the

following apportionment of the waters of the Arkansas River Basin:

A. The State of Arkansas shall have the right to develop and

use the waters of the Spavinaw Creek Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

fifty percent (50%).

B. The State of Arkansas shall have the right to develop and

use the waters of the Illinois River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

C. The State of Arkansas shall have the right to develop and

use all waters originating within the Lee Creek Subbasin in the

State or Arkansas, or the equivalent thereof.

D. The State of Oklahoma shall have the right to develop and

use all waters originating within the Lee Creek Subbasin in the

State of Oklahoma, or the equivalent thereof.

E. The State of Arkansas shall have the right to develop and

use the waters of the Poteau River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

F. The State of Oklahoma shall have the right to develop and

use the waters of the Arkansas River Subbasin subject to the

limitation that the annual yield shall not be depleted by more than

sixty percent (60%).

ARTICLE V

Oklahoma Statutes - Title 82. Waters and Water Rights Page 355

A. On or before December 31 of each year, following the

effective date of this Compact, the Commission shall determine the

stateline yields of the Arkansas River Basin for the previous water

year.

B. Any depletion of annual yield in excess of that allowed by

the provisions of this Compact shall, subject to the control of the

Commission, be delivered to the downstream State, and said delivery

shall consist of not less than sixty percent (60%) of the current

runoff of the basin.

C. Methods for determining the annual yield of each of the sub-

basins shall be those developed and approved by the Commission.

ARTICLE VI

A. Each state may construct, own and operate for its needs

water storage reservoirs in the other state.

B. Depletion in annual yield of any subbasin of the Arkansas

River Basin caused by the operation of any water storage reservoir

either heretofore or hereafter constructed by the United States or

any of its agencies, instrumentalities or wards, or by a state,

political subdivision thereof, or any person or persons shall be

charged against the swate in which the yield therefrom is utilized.

C. Each state shall have the free and unrestricted right to

utilize the natural channel of any stream within the Arkansas River

Basin for conveyance through the other state of waters released from

any water storage reservoir for an intended downstream point of

diversion or use without loss of ownership of such waters; provided,

however, that a reduction shall be made in the amount of water which

can be withdrawn at point of removal, equal to the transmission

losses.

ARTICLE VII

The States of Arkansas and Oklahoma mutually agree to:

A. The principle of individual state effort to abate man-made

pollution within each state's respective borders, and the continuing

support of both states in an active pollution abatement program;

B. The cooperation of the appropriate state agencies in the

States of Arkansas and Oklahoma to investigate and abate sources of

alleged interstate pollution within the Arkansas River Basin;

C. Enter into joint programs for the identification and control

of sources of pollution of the waters of the Arkansas River and its

tributaries which are of interstate significance;

D. The principle that neither state may require the other to

provide water for the purpose of water quality control as a

substitute for adequate waste treatment;

E. Utilize the provisions of all federal and state water

pollution laws and to recognize such water quality standards as may

be now or hereafter established under the Federal Water Pollution

Control Act in the resolution of any pollution problems affecting

the waters of the Arkansas River Basin.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 356

ARTICLE VIII

A. There is hereby created an interstate administrative agency

to be known as the "Arkansas-Oklahoma Arkansas River Compact

Commission." The Commission shall be composed of three

Commissioners representing the State of Arkansas and three

Commissioners representing the State of Oklahoma, selected as

provided below; and, if designated by the President or an authorized

federal agency, one Commissioner representing the United States. The

President, or the federal agency authorized to make such

appointments, is hereby requested to designate a Commissioner and an

alternate representing the United States. The Federal Commissioner,

if one be designated, shall be the Chairman and presiding officer of

the Commission, but shall not have the right to vote in any of the

deliberations of the Commission.

B. One Arkansas Commissioner shall be the Director of the

Arkansas Soil and Water Conservation Commission, or such other

agency as may be hereafter responsible for administering water law

in the state. The other two Commissioners shall reside in the

Arkansas River drainage area in the State of Arkansas and shall be

appointed by the Governor, by and with the advice and consent of the

Senate, to four-year staggered terms with the first two

Commissioners being appointed simultaneously to terms of two (2) and

four (4) years, respectively.

C. One Oklahoma Commissioner shall be the Director of the

Oklahoma Water Resources Board, or such other agency as may be

hereafter responsible for administering water law in the state. The

other two Commissioners shall reside within the Arkansas River

drainage area in the State of Oklahoma and shall be appointed by the

Governor, by and with the advice and consent of the Senate, to four-

year staggered terms, with the first two Commissioners being

appointed simultaneously to terms of two (2) and four (4) years,

respectively.

D. A majority of the Commissioners of each state and the

Commissioner or his alternate representing the United States, if

they are so designated, must be present to constitute a quorum. In

taking any Commission action, each signatory state shall have a

single vote representing the majority opinion of the Commissioners

of that state.

E. In the case of a tie vote on any of the Commission's

determinations, order, or other actions, a majority of the

Commissioners of either state may, upon written request to the

Chairman, submit the question to arbitration. Arbitration shall not

be compulsory, but on the event of arbitration, there shall be three

arbitrators:

(1) One named by resolution duly adopted by the Arkansas Soil

and Water Conservation Commission, or such other state agency as may

Oklahoma Statutes - Title 82. Waters and Water Rights Page 357

be hereafter responsible for administering water law in the State of

Arkansas; and

(2) One named by resolution duly adopted by the Oklahoma Water

Resources Board, or such other state agency as may be hereafter

responsible for administering water law in the State of Oklahoma;

and

(3) The third chosen by the two arbitrators who are selected as

provided above.

If the arbitrators fail to select a third within sixty (60) days

following their selection, then he shall be chosen by the Chairman

of the Commission.

F. The salaries and personal expenses of each Commissioner

shall be paid by the Government which he represents. All other

expenses which are incurred by the Commission incident to the

administration of this Compact shall be borne equally by the two

states and shall be paid by the Commission out of the "Arkansas-

Oklahoma Arkansas River Compact Fund," initiated and maintained as

provided in Article IX(B)(5) below. The states hereby mutually

agree to appropriate sums sufficient to cover its share of the

expenses incurred in the administration of this Compact, to be paid

into said fund. Disbursements shall be made from said fund in such

manner as may be authorized by the Commission. Such funds shall not

be subject to the audit and accounting procedures of the states;

however, all receipts and disbursements of funds handled by the

Commission shall be audited by a qualified independent public

accountant at regular intervals, and the report of such audit shall

be included in and become a part of the annual report of the

Commission, provided by Article IX(B)(6) below. The Commission

shall not pledge the credit of either state and shall not incur any

obligations prior to the availability of funds adequate to meet the

same.

ARTICLE IX

A. The Commission shall have the power to:

(1) Employ such engineering, legal, clerical and other personnel

as in its judgment may be necessary for the performance of its

functions under this Compact;

(2) Enter into contracts with appropriate state or federal

agencies for the collection, correlation, and presentation of

factual data, for the maintenance of records and for the preparation

of reports;

(3) Establish and maintain an office for the conduct of its

affairs;

(4) Adopt and procure a seal for its official use;

(5) Adopt rules and regulations governing its operations. The

procedures employed for the administration of this Compact shall not

be subject to any Administrative Procedures act of either state, but

shall be subject to the provisions hereof and to the rules and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 358

regulations of the Commission; provided, however, all rules and

regulations of the Commission shall be filed with the Secretary of

State of the signatory States.

(6) Cooperate with federal and state agencies and political

subdivisions of the signatory states in developing principles,

consistent with the provisions of this Compact and with federal and

state policy, for the storage and release of water from reservoirs,

both existing and future within the Arkansas River Basin, for the

purpose of assuring their operation in the best interests of the

states and the United States;

(7) Hold hearings and compel the attendance of witnesses for the

purpose of taking testimony and receiving other appropriate and

proper evidence and issuing such appropriate orders as it deems

necessary for the proper administration of this Compact, which

orders shall be enforceable upon the request by the Commission or

any other interested party in any court of competent jurisdiction

within the county wherein the subject matter to which the order

relates is in existence, subject to the right of review through the

appellate courts of the State of situs. Any hearing held for the

promulgation and issuance of orders shall be in the county and state

of the subject matter of said hearing;

(8) Make and file official certified copies of any of its

findings, recommendations or reports with such officers or agencies

of either state, or the United States, as may have any interest in

or jurisdiction over the subject matter. Findings of fact made by

the Commission shall be admissible in evidence and shall constitute

prima facie evidence of such fact in any court or before any agency

of competent jurisdiction. The making of findings, recommendations,

or reports by the Commission shall not be a condition precedent to

instituting or maintaining any action or proceeding of any kind by a

signatory state in any court, or before any tribunal, agency or

officer, for the protection of any right under this Compact or for

the enforcement of any of its provisions;

(9) Secure from the head of any department or agency of the

federal or state government such information, suggestions, estimates

and statistics as it may need or believe to be useful for carrying

out its functions and as may be available to or procurable by the

department or agency to which the request is addressed;

(10) Print or otherwise reproduce and distribute all of its

proceedings and reports; and

(11) Accept, for the purposes of this Compact, any and all private

donations and gifts and Federal grants of money.

B. The Commission shall:

(1) Cause to be established, maintained and operated such

stream, reservoir or other gaging stations as may be necessary for

the proper administration of this Compact;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 359

(2) Collect, analyze and report on data as to stream flows,

water quality, annual yields and such other information as is

necessary for the proper administration of this Compact;

(3) Continue research for developing methods of determining

total basin yields;

(4) Perform all other functions required of it by the Compact

and do all things necessary, proper or convenient in the performance

of its duties thereunder;

(5) Establish and maintain the "Arkansas-Oklahoma Arkansas River

Compact Fund," consisting of any and all funds received by the

Commission under the authority of this Compact and deposited in one

or more banks qualifying for the deposit of public funds of the

signatory States;

(6) Prepare and submit an annual report to the Governor of each

signatory state and to the President of the United States covering

the activities of the Commission for the preceding fiscal year,

together with an accounting of all funds received and expended by it

in the conduct of its work;

(7) Prepare and submit to the Governor of each of the States of

Arkansas and Oklahoma an annual budget covering the anticipated

expenses of the Commission for the following fiscal year; and

(8) Make available to the Governor of any state agency of either

state or to any authorized representative of the United States, upon

request, any information within its possession.

ARTICLE X

A. The provisions hereof shall remain in full force and effect

until changed or amended by unanimous action of the states acting

through their Commissioners and until such changes are ratified by

the legislatures of the respective states and consented to by the

Congress of the United States in the same manner as this Compact is

required to be ratified to become effective.

B. This Compact may be terminated at any time by the appro-

priate action of the legislature of both signatory states.

C. In the event of amendment or termination of the Compact, all

rights established under the Compact shall continue unimpaired.

ARTICLE XI

Nothing in this Compact shall be deemed:

A. To impair or affect the powers, rights or obligations of the

United States, or those claiming under its authority in, over and to

the waters of the Arkansas River Basin;

B. To interfere with or impair the right or power of either

signatory State to regulate within its boundaries of appropriation,

use and control of waters within that state not inconsistent with

its obligations under this Compact.

ARTICLE XII

If any part or application of this Compact should be declared

invalid by a court of competent jurisdiction, all other provisions

Oklahoma Statutes - Title 82. Waters and Water Rights Page 360

and application of this Compact shall remain in full force and

effect.

ARTICLE XIII

A. This Compact shall become binding and obligatory when it

shall have been ratified by the legislature of each state and

consented to by the Congress of the United States, and when the

Congressional Act consenting to this Compact includes the consent of

Congress to name and join the United States as a party in any

litigation in the United States Supreme Court, if the United States

is an indispensable party, and if the litigation arises out of this

Compact or its application, and if a signatory state is a party

thereto.

B. The States of Arkansas and Oklahoma mutually agree and

consent to be sued in the United States District Court under the

provisions of Public Law 87-830 as enacted October 15, 1962, or as

may be thereafter amended.

C. Notice of ratification by the legislature of each state

shall be given by the Governor of that state to the Governor of the

other state, and to the President of the United States, and the

President is hereby requested to give notice to the Governor of each

state of consent by the Congress of the United States.

ARKANSAS RIVER BASIN COMPACT

ARKANSAS-OKLAHOMA, 1970

MEMORANDUM OF CORRECTION

The State of Arkansas and Oklahoma, further acting through their

duly authorized compact representatives, S. Keith Jackson of

Arkansas, and Glade R. Kirkpatrick of Oklahoma, hereby execute this

memorandum of correction to the Arkansas River Basin Compact

Arkansas-Oklahoma, 1970, executed at the City of Little Rock, State

of Arkansas, on the 16th day of March, 1970, as follows:

1. By striking the word "below" as it appears in the last

line of Article II (C) and inserting in lieu thereof the

word "above."

2. By striking the word "of" as it appears in the first line

of Article IX, (B) (8) and inserting in lieu thereof the

word "or."

IN WITNESS WHEREOF, the authorized representatives have executed

three counterparts hereof each of which shall be and constitute an

original, one of which shall be deposited with the Administrator of

General Services of the United States, and affixed to the original

Arkansas River Basin Compact Arkansas-Oklahoma, 1970, there on file,

and one of which shall be forwarded to the Governor of each state

and likewise affixed to said Compact there on file.
Okla. Stat. tit. 82, § 82-1085.2 — OK Code / Title 82 / Section 82-1085.2
Authority of Oklahoma Water Resources Board
Status: in_force

In addition to any and all other authority conferred upon it by

law, the Oklahoma Water Resources Board shall also have authority:

1. Generally to do all such things as in its judgment may be

necessary, proper or expedient in the accomplishment of its duties;

2. To make such contracts and execute such instruments as in

the judgment of the Board are necessary or convenient to the

exercise of any of the powers conferred upon it by law. Provided,

however, no contract shall be made conveying the title or use of any

waters of the State of Oklahoma to any person, firm, corporation or

other state or subdivision of government, for sale or use in any

other state, unless such contract be specifically authorized by an

act of the Oklahoma Legislature and thereafter as approved by it;

3. To negotiate contracts and other agreements with the federal

government to arrange for the development of water resources and for

the storage and distribution of water for beneficial purposes;

provided, however, that the Board shall act in such capacity only as

an intermediary in assisting others, and under no circumstances

shall the Board have any power or authority to build, construct or

finance any waterways, dams or other such projects for itself,

except as may be otherwise specifically provided by the laws of this

state;

4. To develop statewide and local plans to assure the best and

most effective use and control of water to meet both the current and

long-range needs of the people of Oklahoma; to cooperate in such

planning with any public or private agency, entity or person

interested in water, and is directed to prepare such plans for

consideration and approval by the Legislature; and to aid, at all

times, counties, incorporated cities and towns and special purpose

districts in the state in promoting and developing flood control and

water conservation in the state;

5. To employ and fix the compensation of such officers, agents,

attorneys, technical personnel and employees of the Board as it

shall deem necessary to the proper performance of its duties;

6. To adopt and use an official seal;

7. To promulgate such rules and make orders as it may deem

necessary or convenient to the exercise of any of the powers or the

performance of any of the duties conferred or imposed upon it by

this or any other law;

8. To institute and maintain, or to intervene in, any actions

or proceedings in or before any court, board, commission or officer

of this or any other state or of the United States to stop or

prevent any use, misuse, appropriation or taking of any of the

waters of this state which is in whole or in part in violation of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 212

any law, or of any rules, orders, judgments or decrees of any court,

board, commission or officer of this or any state or of the United

States; and to institute and maintain or intervene in any other

action or proceeding where the Board deems it necessary to the

proper execution and discharge of any of the powers or duties

conferred or imposed upon it by law;

9. To determine, charge and receive fees to be collected in

advance for the filing and examination of applications for permits

to:

a. construct water use works,

b. appropriate groundwater,

c. appropriate stream water,

d. establish vested rights,

e. inspect water use works,

f. file other papers,

g. make copies of documents,

h. make prints of maps and drawings,

i. certify copies of documents, maps and drawings,

j. file transfers of water rights,

k. gauge wells and ditches, changes in point of diversion

and changes in place of use of water,

l. test wells, and

m. hold hearings, make records and provide transcripts of

hearings.

Such fees shall not be collected from any state agency or state

institution;

10. To negotiate contracts or water compacts with the federal

government or any department or bureau thereof, or with any other

state for the purpose of obtaining assistance and cooperation in the

accomplishment of the purpose of flood control and water

conservation and use in the state. To that end, the Board may match

funds with the federal government and with other states upon such

terms as shall be agreed upon and approved by the Governor of the

state, with the limitation that contracts or water compacts with

other states for the division and apportionment of the cost and use

of the water controlled by interstate projects shall be submitted to

and approved by the Legislature of the state and the Governor of the

state, and Congress and the President of the United States

conformable to the State and Federal Constitutions;

11. To accept gifts and grants of money and property or any

interest therein;

12. To provide funding from federal and state monies for water

and wastewater project purposes to eligible entities for preliminary

engineering reports and planning and feasibility studies;

13. To sell or dispose of real or personal property held by the

Board when no longer needed in such manner as provided by law;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 213

14. To make appropriations of water to all special purpose

districts;

15. To execute and deliver, without actual consideration

therefor, a written release of any easement or easement deed

heretofore given to the Conservation Commission of the State of

Oklahoma, the Planning and Resources Board or the Oklahoma Water

Resources Board on lands situated in this state, whenever it shall

appear to said Oklahoma Water Resources Board that the need for such

easement or easement deed no longer exists; provided, the owner of

the lands affected shall file a written application for such release

with the Oklahoma Water Resources Board;

16. To review disputes involving service areas or territories,

rates for raw or treated water, and abrogation clauses in contracts

among municipalities and rural water districts or not-for-profit

rural water corporations; to recommend mediation and refer parties

in appropriate disputes to mediators and provide technical

information to such mediators; and to recommend other means of

resolving disputes; provided, that no party to such dispute may

initiate action in any district court regarding the dispute until

written notice of the dispute has been filed with the Board;

provided further that the provisions of this paragraph shall not be

construed to diminish any right of access to the court granted to a

party by law;

17. To provide workshop training sessions for board members of

rural water districts and not-for-profit rural water corporations

throughout the year on a regional basis for the purpose of study and

instruction in the areas of financing, law and the ethics, duties

and responsibilities of such board members. Such training shall be

provided by the Board in conjunction with the Oklahoma Rural Water

Association as required by law. To the extent possible, the Board

shall attempt to schedule training workshops in three-hour segments

to be held in any public facility at a time convenient to the

attendees;

18. To establish an agency special account through the Office

of Management and Enterprise Services and the State Treasurer's

Office as necessary for the collection and distribution of funds,

including funds of sponsors and registration fees related to

conferences, meetings and training sessions; and

19. To accredit persons having requisite knowledge in

floodplain management and in minimization and prevention of flood

hazards and losses.
Okla. Stat. tit. 82, § 82-105.2 — OK Code / Title 82 / Section 82-105.2
Right to use water - Domestic use - Priorities
Status: in_force

A. Beneficial use shall be the basis, the measure and the limit

of the right to the use of water; provided, that water taken for

domestic use shall not be subject to the provisions of this act,

except as provided in Section 105.5 of this title. Any person has

the right to take water for domestic use from a stream to which he

is riparian or to take stream water for domestic use from wells on

his premises. Water for domestic use may be stored in an amount not

to exceed two (2) years' supply. The provisions of this act shall

not apply to farm ponds or gully plugs which are not located on

definite streams and which have been constructed under the

supervision and specifications of the Soil and Water Conservation

Districts.

B. Priority in time shall give the better right. From and

after the date of June 10, 1963, the following priorities for the

use of water and no other shall exist:

1. Prestatehood uses. Priorities to the quantity of water put

to beneficial use prior to November 15, 1907, to the extent to which

the priority has not been lost in whole or in part pursuant to

Section 105.16 of this title when the same shall have been perfected

as provided by this act and rules and regulations adopted by the

Board. Such said priorities shall date from the initiation of the

beneficial use.

2. Spavinaw, Grand, North Canadian, Blue and North Boggy

adjudications. Priorities decreed to exist in adjudications brought

in pursuance of this act where such adjudications have been

initiated prior to the date of June 10, 1963, to the extent to which

these priorities have not been lost in whole or in part pursuant to

Section 105.16 of this title. Such said priorities shall be dated

Oklahoma Statutes - Title 82. Waters and Water Rights Page 17

as of the date assigned to them in the respective adjudication

decrees.

3. Spavinaw, Grand, North Canadian, Blue and North Boggy Rivers

- Applications prior to June 10, 1963. Priorities based upon

applications for appropriations where the same shall have been

perfected heretofore under the law heretofore applicable to the

extent to which the priority has not been lost in whole or in part

pursuant to Section 105.16 of this title. Such said priorities

shall be dated as of the date of the application therefor.

4. All other applications. Priorities based upon applications

for appropriations to the extent the priority has not been lost in

whole or in part pursuant to Section 105.16 of this title where the

same shall be perfected after June 10, 1963, as provided by this act

and rules and regulations adopted by the Board pursuant thereto.

Such said priorities shall date from the date of application for the

priority. Any permit to appropriate water issued by the Board from

and after June 10, 1963, is hereby presumed to be valid and in full

force and effect to the extent not lost in whole or in part due to

nonuse, forfeiture or abandonment, pursuant to this title.

5. Federal withdrawals. Priorities based on the withdrawal of

water by the United States pursuant to Section 105.29 of this title

to the extent to which the priority has not been lost in whole or in

part through nonutilization as provided by the said section or

pursuant to Section 105.16 of this title. Such said priorities

shall vest in the users of said water as of the date of notification

given pursuant to Section 105.29 of this title.

6. Poststatehood - Nonapplicant uses. Priorities based upon

present beneficial use prior to June 10, 1963, and initiated on or

subsequent to November 15, 1907, to the extent to which the priority

has not been lost in whole or in part pursuant to Section 105.16 of

this title where the same has been perfected as provided by this act

and rules and regulations adopted by the Board pursuant thereto.

Such said priorities as to each quantity of water shall date from

the initiation of the beneficial use of that quantity of water.

Provided, however, that no priority based solely upon this paragraph

shall take priority over priorities which bear a priority date

earlier than the effective date of June 10, 1963, and which arise by

virtue of compliance with the provisions of the first five

paragraphs of this subsection.

7. Soil Conservation Service sediment pools. Priorities based

upon beneficial use of that portion of the water designated by the

Soil Conservation Service engineers as necessary for the sediment

pool where landowners have granted easements without compensation

for upstream flood control impoundments under the sponsorship of

Soil and Water Conservation Districts prior to June 10, 1963, to the

extent to which the priority has not been lost in whole or in part

pursuant to Section 105.16 of this title when the same shall have

Oklahoma Statutes - Title 82. Waters and Water Rights Page 18

been perfected as provided by this act and rules and regulations

adopted by the Board. Such said priorities shall date from the date

of the grant of the easement. Subsequent to June 10, 1963, those

landowners who shall grant easements for such upstream flood control

impoundments may acquire a priority for beneficial use of that water

designated as the sediment pool by complying with paragraph 4 of

subsection B of this section.

C. When any person might claim a priority under more than one

of the numbered paragraphs of subsection B of this section, he may

elect which paragraphs shall control his priority date. Nothing in

this provision shall be construed to prohibit his electing different

priorities under one or more of the paragraphs of subsection B of

this section for different quantities of water.

D. From and after June 10, 1963, the only riparian rights to

the use of water in a definite stream, except water taken for

domestic use, are those which have been adjudicated and recognized

as vested through the proceedings under 82 O.S. Supp. 1963, Sections

5 and 6, orders of the Oklahoma Water Resources Board entered

thereunder which became final, and those decreed to exist in the

Spavinaw, Grand, North Canadian, and Blue and North Boggy

adjudications, all to the extent such rights have not been lost, in

whole or in part, due to nonuse, forfeiture or abandonment, pursuant

to this title.
Okla. Stat. tit. 82, § 82-1324.47 — OK Code / Title 82 / Section 82-1324.47
Jurisdiction
Status: in_force

The courts of this state are hereby vested with jurisdiction

over every person not resident, domiciled or authorized to do

business in this state who files or is required to file a statement

with the Oklahoma Water Resources Board as required by Section 6 of

this act, and over all actions involving such person arising out of

violations of this act. Copies of all such lawful process shall be

served on the Board and transmitted by certified or registered mail,

with return receipt requested, by the Board to such person at his

last-known address.
Okla. Stat. tit. 82, § 82-1613 — OK Code / Title 82 / Section 82-1613
Existing prior use may continue - Conditions
Status: in_force

Any use that exists prior to May 13, 1980, which does not meet

the minimum standards specified and authorized by the Oklahoma

Floodplain Management Act may continue. However, unless brought

into compliance with the minimum standards set forth in regulations

adopted pursuant to the Oklahoma Floodplain Management Act such uses

may not be substantially altered, enlarged or added to.
Okla. Stat. tit. 82, § 82-1501-303 — OK Code / Title 82 / Section 82-1501-303
Renumbered as § 3-3-401 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1280 — OK Code / Title 82 / Section 82-1280
District property
Status: in_force

The district shall hold title to its property in its corporate

name for the uses and purposes of the district. The formation of a

district shall not transfer water rights to the district. Any

district which contracts with the State of Oklahoma or the United

States may convey district property, with or without consideration,

if such property is needed by the State of Oklahoma or the United

States in connection with the construction, operation or maintenance

of a project similar in purpose to that for which the district was

organized.
Okla. Stat. tit. 82, § 82-1085.4 — OK Code / Title 82 / Section 82-1085.4
Fixing of fees - Schedule
Status: in_force

The Oklahoma Water Resources Board shall prepare and charge a

schedule of reasonable fees for services rendered. The fee for the

annual groundwater permit administration for the submittal of water

use reports shall not exceed Twenty-five Dollars ($25.00) per

permit. The Board may assess a late fee not to exceed Twenty-five

Dollars ($25.00) for annual groundwater use reports filed after the

due date.
Okla. Stat. tit. 82, § 82-1324.6 — OK Code / Title 82 / Section 82-1324.6
Duties of board of commissioners at hearing -
Status: in_force

Declaration of incorporation.

At the time and place set for the hearing and consideration of

the petition, it shall be the duty of the board of county

commissioners to determine:

1. Whether proper notice of the hearing has been given as

required by Section 1324.5 of this title;

2. Whether the rural residents of the area described in the

petition are without an adequate water supply, sewage facilities,

gas distribution facilities or solid waste management system to meet

their needs;

3. Whether the construction, installation, improvement,

maintenance and operation of all or a combination of water works,

sewage facilities and solid waste management systems are necessary

to provide an adequate water supply, sewage facilities, gas

distribution facilities or solid waste management system to serve

rural residents of the district;

4. Whether such improvements or works will be conducive to and

will tend to promote the public health, convenience and welfare;

5. The area which should be included in the district; and

6. Whether there is sufficient water available for purchase or

available for appropriation by the Oklahoma Water Resources Board.

If, upon such consideration, it shall be found that such petition is

in conformity with the requirements of this act, and that such a

district should be created the board of county commissioners shall

thereupon immediately 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) and thereupon

the district shall be a body politic and corporate and an agency and

legally constituted authority of the State of Oklahoma for the

public purposes set forth in this act. The board of county

commissioners shall thereupon enter upon its records full minutes of

such hearing, together with its order creating the rural district

Oklahoma Statutes - Title 82. Waters and Water Rights Page 320

under said corporate name for the purposes of this act. Such

districts shall not be political corporations or subdivisions of the

state within the meaning of any constitutional debt limitations, nor

shall said districts have any power or authority to levy any taxes

whatsoever or make any assessments on property, real or personal.
Okla. Stat. tit. 82, § 82-277.6 — OK Code / Title 82 / Section 82-277.6
Board of directors - Oath of office - Surety bond -
Status: in_force

Powers and duties - Effect of section on other laws.

A. Each director of the board shall take and subscribe to the

official oath of office and execute a surety bond to the district

conditioned upon the faithful discharge of his duties.

B. The board shall:

1. Elect a president or chairman and vice-president or vice-

chairman from its members and elect or appoint a secretary-

treasurer. The secretary-treasurer of the board shall be bonded;

2. Conduct its business in open meeting, pursuant to the

Oklahoma Open Meeting Act;

3. Maintain its records pursuant to the Oklahoma Open Records

Act, except those records which are considered private or

confidential under applicable laws of the United States;

4. Have standing to appear before any court of this state.

Such standing shall extend to all matters germane to the powers and

duties of the district including but not limited to questions of the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 45

validity of the establishment and operation of the district,

contracts and collection of delinquent assessments;

5. On a date specified by the board, each year, prepare a

budget, estimating the amount of money required for the ensuing year

to meet all obligations of the district and determine the

assessments necessary to pay those obligations. Assessments may be

modified or adopted by the Board when determined necessary;

6. Determine collection procedures for all assessments imposed

by the district. Assessments may be set by the board for all

expenses of the district including the establishment and maintenance

of a reserve fund, provided, however, that any assessments for

construction or improvements and the principal indebtedness and

interest which may be incurred relating thereto shall be approved by

vote of the electors. The amount approved by the electors for

construction or improvements may include additional amounts

necessary for the establishment of a reasonable reserve and the

payment of costs of issuance and underwriters' discount. The

maximum amount of principal indebtedness and interest shall not be

less than one hundred ten percent (110%) of the estimated cost of

such construction or improvement, in order to provide for

contingencies. All plans of construction and improvements shall be

submitted to the Oklahoma Water Resources Board;

7. Let contracts for public improvements or public construction

projects of the district. Such improvements or construction

projects shall be on sealed bids to the lowest and best responsible

bidder and shall be conditioned upon the filing of a performance

bond equal to one hundred percent (100%) of the contract price for

the faithful performance of the contract except as otherwise

provided by the Public Competitive Bidding Act;

8. Cause an independent auditor to prepare and furnish an

annual certified audit of the financial condition of the district

for the preceding year to the board. A copy of such audit shall be

submitted to the Oklahoma Water Resources Board, and made available

to the electors and creditors of the district; and

9. In the best interests of the entire district, establish a

written comprehensive and reasonable plan of operation for the

release, distribution, and use of water among the owners of lands

within the district. Prior to the adoption of any final plan of

operation or amendments thereto, the board shall provide for a

meeting on the proposed or modified plan of operation. Notice of

the intended action shall be mailed to the electors. Copies of the

plan or amendments thereto shall be made available, at no charge, to

the electors. The board shall fully consider all written and oral

submissions respecting the plan or amendments thereto. A final plan

of operation or amendments thereto shall be submitted to the

electors for approval at the annual meeting or at a special meeting

of the electors called for such approval. Upon approval of such

Oklahoma Statutes - Title 82. Waters and Water Rights Page 46

plan or amendments thereto, the plan or plan as amended shall

constitute the official plan of operation for the district. Copies

of the official plan of operation for the district shall be made

available to the public.

C. The board shall have the power and authority to:

1. Manage and conduct the business affairs of the district;

2. Make and execute all necessary contracts;

3. Organize as a municipal corporation;

4. Employ such agents, officers and employees, including but

not limited to a manager, as may be required and prescribe their

duties and compensation;

5. Institute, maintain and defend any and all actions, suits

and proceedings, in person or by counsel, in the name of the

district;

6. Appear before the Oklahoma Water Resources Board to protest

any application not in conformity with the district's plan of

operation or not in the best interests of the district;

7. Perform any lawful act necessary to provide sufficient water

to each elector in the district;

8. Provide for the proper drainage of all lands affected by the

operations of the district;

9. Procure water either inside or outside of this state;

10. Develop comprehensive plans for efficient use of streams

and groundwater and the control and prevention of waste. Such plans

shall be filed with the Oklahoma Water Resources Board for

informational purposes only;

11. Reclassify or authorize transfer of existing lands of the

district as provided in the Oklahoma Irrigation District Act;

12. For the purposes of the district:

a. acquire by purchase, lease or grant, rights-of-way and

improvement locations, and release such acquired

interests, provided that the acquisition or release of

the property or facilities of public service

corporations shall be accomplished as provided for by

Section 1722 of Title 69 of the Oklahoma Statutes,

b. enter upon lands for the making of surveys, provided

consent for such entry is first obtained,

c. condemn lands in accordance with the procedure

provided for condemnation of land by railroad

corporations. The power of eminent domain shall not

be exercised to acquire water rights unless the land

is acquired in fee. Oil, gas and minerals shall not

be subject to the power of eminent domain, except to

the extent necessary to prevent activities adversely

affecting the purposes of the district,

d. purchase and acquire leases of water rights,

e. make application for appropriations of water,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 47

f. construct, use, maintain, repair and improve canals,

wells, reservoirs and water supply and distribution

facilities and appurtenances of all kinds, and

g. enter into contracts and obligations with this state

and the United States under the provisions of the

Federal Reclamation Act and all other state and

federal acts for the acquisition of water supply and

distribution facilities;

13. Accept the appointment of the district as fiscal agent of

the United States or this state, or accept authorization of the

district by the United States or this state to make collection of

money for and on behalf of the United States or this state in

connection with any federal or state project, and assume the duties

and liabilities incident to such action, and do any and all things

required by rules and regulations now or hereafter established by

any agency or department of the federal or state government in

regard thereto;

14. Accept gifts of money, property and services;

15. Sell and dispose of the property of the district if

provision is made for the payment of indebtedness thereon and

consent is obtained from all lienholders:

a. all property except easements shall be sold by sealed

bid to the highest bidder but the board has the right

to reject all such bids,

b. if real property has been acquired by the district

through the exercise of the power of eminent domain or

the imminent threat thereof and the district has

determined that such property shall be sold, the

immediate former owner, or his heirs at law or

devisees, as the case may be, shall have the first

option to repurchase the property at the price at

which the property was purchased from the owner,

c. if any property acquired by the district through the

exercise of the power of eminent domain or the

imminent threat thereof is not needed for immediate

use, the former owner, or his heirs at law or

devisees, as the case may be, shall have first option

to lease the property until such time as the property

is actually needed for district purposes;

16. Make surveys;

17. Carry out research projects;

18. Construct dams and drainage systems;

19. Install pumps and equipment to recharge underground basins

and subbasins;

20. Purchase real property;

21. Upon vote of the electors, borrow money and issue special

assessment bonds or notes, in such principal amounts as do not

Oklahoma Statutes - Title 82. Waters and Water Rights Page 48

exceed the maximum amount voted by the electors. All such bonds or

notes may bear interest at such fixed or variable rate or rates, in

any combination, as may be determined by the directors of the

district. Provided, the average coupon rate thereon shall in no

event exceed fourteen percent (14%) per annum;

22. Appoint committees of electors to undertake studies and

report to the board upon any issue germane to the operations and

management of the district; and

23. Generally perform all such acts as shall be necessary to

conduct the affairs of the district.

D. The provisions of this section shall not be construed to

affect or supercede any laws of this state relating to the authority

or the jurisdiction of any agency of this state or political

subdivision of this state to implement their respective duties

pursuant to law, but shall be held and construed as auxiliary and

supplementary thereto.
Okla. Stat. tit. 82, § 82-542 — OK Code / Title 82 / Section 82-542
Petition - Signatures - Contents - Transfer by Supreme
Status: in_force

Court to district court.

Before any court shall establish a district as outlined in

Section 541 of this title, a petition shall be filed in the office

of the Clerk of the Supreme Court of the State of Oklahoma. Said

petition, shall be signed by owners of at least fifty-one percent

(51%) of the land area and by not less than fifty-one percent (51%)

of the landowners in the area embraced in the proposed district. The

governing body of any city or town shall have the power to instruct

the mayor or president of the Board of Trustees to sign any such

petition by resolution duly passed and entered on the records of the

city or town, and the signature for any city or town, as provided

herein, shall be accepted in lieu of the signatures of one-half

(1/2) of the owners of the platted land embraced in the corporate

limits of said city or town. The petition for establishing a master

conservancy district encompassing land outside the corporate limits

of any city or town must contain the signatures of owners of at

least fifty-one percent (51%) of the land area and not less than

fifty-one percent (51%) of landowners in the area located outside

any city or town embraced within the proposed district.

The petition shall be in writing and shall set forth:

First: The proposed name of the district.

Second: The necessity of the proposed work and that it will be

conducive to the public health, safety, convenience and welfare.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 77

Third: A general description of the purpose of the contemplated

improvement and a map of the territory to be included in the

proposed district. Said description may be given by legal

subdivisions or metes and bounds, but it shall be sufficient to

accurately describe the outside boundary of the said territory to be

included in the district. Said map and description of outside

boundary shall be the basis upon which the court makes its findings

of jurisdiction, and if the court finds that the required percentage

of signatures of owners of land as shown by outside boundaries of

the map attached to the petition have been filed, then the court

shall have jurisdiction of the said district subject to appeal as

provided herein. Said district need not be contiguous provided it

be so situated that the public health, safety, convenience or

welfare will be promoted by the organization as a single district of

the territory described and provided further that the intervening

territory be not benefited by the construction of the works in the

district so formed.

Fourth: Said petition shall pray for the organization of the

district by the name proposed.

The Clerk of the Supreme Court shall docket said petition as an

original action in said Court under the name:

In re: Conservancy District No. ______, and all such

proceedings shall successively be numbered serially from No. 1

upward.

The said Supreme Court shall within ten (10) days after the

filing of such petition determine which district court of said State

is most convenient near the center or middle of said district and

can hear and determine said petition with greatest convenience to

the people within said proposed district, having in view the

customary routes of travel; and shall thereupon refer and assign

said petition and proceedings to such district court and direct

hearing, determination, control and administration of such

proceedings as an original action therein, conformable to laws.

Provided, that where all of proposed conservancy district is in one

judicial district, the proceeding shall be filed originally with

some court clerk in such judicial district in a county embraced

within the proposed conservancy district and said court shall

exercise complete jurisdiction.

No petition with the requisite signatures shall be declared null

and void on account of alleged defects, if the court has once

obtained jurisdiction, but the court may at any time after obtaining

jurisdiction permit the petition to be amended in form and substance

to conform to the facts by correcting any errors in the description

of the territory, or in any other particular; and said petition may

be further amended by including in the proposed district additional

area; Provided, that there shall be sufficient signatures on the

original petition, together with those upon any such amendment, to

Oklahoma Statutes - Title 82. Waters and Water Rights Page 78

meet the requirements of inclusion of such area had the same been

included in the original petition.

Several exactly similar petitions or duplicate copies of the

same petition for the organization of the same district may be filed

and shall together be regarded as one petition. All such petitions

filed prior to the first hearing of said petition shall be

considered by the court as though filed with the first petition

placed on file.

In determining when a sufficient number of landowners have

signed the petition, the names of the owners of land as shown by the

tax roll of the county shall be conclusive for all purposes of this

act except that any successor in title to any owner so shown may

sign for such person or persons named on the tax roll if it be

appropriately indicated: Provided, if any city or town or any part

thereof lies within any such proposed district, or if any such city

or town has in such district or on any stream below any such

improvements any water dams and reservoirs which will be rendered

permanently benefited by such improvements, then all property in

such city or town shall contribute to the cost of such improvements

by contributing to the cost to such city or town as a whole in that

proportion which the assessed value of each assessed unit of real

property bears to the total assessed value of the real property in

such city or town.

Nothing herein provided shall affect the legality of any

district created prior to the effective date hereof; and all

proceedings for formation of districts, and all districts

established, pursuant to former law are hereby validated as though

fully conforming to the provisions hereof.
Okla. Stat. tit. 82, § 82-1087.9 — OK Code / Title 82 / Section 82-1087.9
Issuance of licenses
Status: in_force

A. Licenses to engage in activities for weather modification

and control shall be issued to applicants therefor who pay the

license fee required and who demonstrate, to the satisfaction of the

Board, competence in the field of meteorology and financial

responsibility reasonably necessary to engage in activities for

weather modification and control. If the applicant is an

organization, these requirements shall be met by the individual or

individuals who are to be in control and in charge of the operation

for the applicant.

B. The Board shall issue licenses in accordance with such

procedures and subject to such conditions as it may by regulation

establish to effectuate the provisions of this act. Each license

shall be issued for a period to expire at the end of the state

fiscal year in which it is issued and, if the licensee possesses the

qualifications necessary for the issuance of a new license, such

license shall upon application be renewed at the expiration of such

period. A license shall be issued or renewed only upon the payment

to the Board of One Hundred Dollars ($100.00) for the license or

renewal thereof.
Okla. Stat. tit. 82, § 82-1102 — OK Code / Title 82 / Section 82-1102
Creation of authority - Joint authorities - Status -
Status: in_force

Dissolution - Limitation on obligations.

(a) There is hereby established in each incorporated city and

town and in each county of the state a public body corporate and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 280

politic which shall be an agency of the State of Oklahoma and shall

be known as the "port authority" of the city or town or of the

county. Port authorities created in this act may be combined to

form joint port authorities by cooperative agreement executed by the

governing bodies of any city or county or cities or counties. Such

joint authorities formed by such cooperative agreement shall have

all the powers and jurisdiction enumerated in this act. The

authority shall not transact any business or exercise its powers

hereunder until or unless the governing body of the city or town by

appropriate ordinance, or the county by appropriate resolution,

declares that there is need for an authority to function in the

city, town, or county. No member of said authority shall serve as

such who owns land, other than a residence, or represents in a

fiduciary capacity or as agent any person who owns land located in

an area within five (5) miles of lands surveyed or examined for port

locations. Any member of said authority who has any interest which

will conflict with the interests of the authority shall be subject

to removal. Any member of the authority owning lands or having

lands under his control as agent or in a fiduciary capacity in an

area surveyed or examined for port location shall be deemed to have

a conflict of interest and subjected to removal, except this

limitation or membership and conflict of interest shall not apply

where the site of a port has been presently engineered and

designated by a port authority already organized under this act. A

port authority created hereunder shall be a body corporate and

politic which may sue and be sued, plead and be impleaded, and shall

have the powers and jurisdiction enumerated in Sections 1 to 14,

inclusive, of this act. The exercise by such port authority of the

powers conferred upon it shall be deemed to be essential

governmental functions of the State of Oklahoma, but no port

authority shall be immune from liability by reason thereof.

(b) Any municipal corporation or county creating or

participating in the creation of a port authority in accordance with

this act may expend funds not otherwise appropriated to defray the

expense of surveys and examinations incidental to the purposes of

the port authority so created and may appropriate to the authority

any available funds not otherwise appropriated for expenditure by

the authority for any purpose authorized by this act.

(c) Subject to making due provisions for payment and performance

of its obligations, a port authority may be dissolved by the

subdivision or subdivisions creating it, and in such event the

properties of the port authority shall be transferred to the

subdivision creating it, or, if created by more than one

subdivision, to the subdivisions creating it in such manner as may

be agreed upon between such subdivisions. Obligations of the

authority shall not be obligations of the State of Oklahoma, nor of

any city, town, or county which creates said authority, unless said

Oklahoma Statutes - Title 82. Waters and Water Rights Page 281

obligations are specifically accepted by a majority vote of the ad

valorem taxpaying registered voters of such city, town, or county

voting on the issue. Notice of such election shall be published at

least once a week for two successive weeks in a newspaper of general

circulation in the county, the first publication thereof to be at

least ten (10) days prior to said election. The notice of said

election shall set forth clearly and concisely the issue on which

the vote is being taken.
Okla. Stat. tit. 82, § 82-1122 — OK Code / Title 82 / Section 82-1122
Terms, maturities, form, etc. of bonds
Status: in_force

Bonds authorized by this act may be issued in one or more

series, may bear such date or dates, may mature at such time or

times not exceeding forty (40) years from their date, may be in such

denominations and in such form, either coupon or registered, may

carry such registration and conversion privileges, may be executed

in such manner, may be payable in such medium of payment at such

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

without premium, and may bear such rate of interest, not exceeding

Oklahoma Statutes - Title 82. Waters and Water Rights Page 290

five percent (5%) per annum, as may be provided by official

resolution of the board of directors of such port authority.

Such bonds may be sold in such manner and at such price or

prices, not less than par plus accrued interest to date of delivery,

as provided in Section 13 of this act, but interest cost to maturity

for bonds issued hereunder shall not exceed five percent (5%) per

annum, computed on the basis of average maturities according to

standard tables of bond values.
Okla. Stat. tit. 82, § 82-1020.6 — OK Code / Title 82 / Section 82-1020.6
Hearings on annual yield
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 188

A. Once the Board has set a tentative maximum annual yield for

the groundwater basin or subbasin, the Board shall call and hold

hearings at centrally located places within the area of the major

groundwater basin or subbasin or in the county for minor groundwater

basins or subbasins. Prior to such hearings being held, the Board

shall make copies of such hydrologic survey available for inspection

and examination by all interested persons and, at such hearings,

shall present evidence of the geological findings and determinations

upon which the tentative maximum annual yield has been based. Any

interested party shall have the right to present evidence in support

or opposition thereto. The hearings shall be conducted pursuant to

Article II of the Administrative Procedures Act.

B. Notice of such hearings shall be published in a newspaper of

general circulation in each county having lands that overlie the

basin or subbasin. The notice shall be published at least once per

week for two (2) consecutive weeks and the last publication shall be

at least thirty (30) days prior to the date of the hearing. Notice

and hearing on the tentative determination of the maximum annual

yield for minor groundwater basins or subbasins may be consolidated.

C. After such hearings are completed, the Board shall then

proceed to make its final determination as to the maximum annual

yield of groundwater which shall be allocated by regular permit to

each acre of land overlying such basin or subbasin by issuing a

final order containing findings of fact and conclusions of law,

which order shall be subject to judicial review pursuant to Article

II of the Administrative Procedures Act. As prescribed in a final

order setting forth the maximum annual yield, or any amendment

thereto, the Board may prescribe delayed or gradual implementation

of equal proportionate share allocations if current total allocated

amount of groundwater from the aquifer is twenty-five percent (25%)

or less of the maximum annual yield. Such delayed or gradual

implementation of equal proportionate share allocations may be

authorized only if such implementation would not cause interference

or violation of limits applicable to use of waters from a sensitive

sole source aquifer, or allow the use of groundwater in excess of

twenty-five percent (25%) of the maximum annual yield. Such delayed

or gradual implementation of equal proportionate share allocations

shall not affect any regular permit and shall be effectuated by

issuance of appropriate temporary permits, in accord with parameters

specified by the Board in accord with this act.

D. The Board may, in subsequent basin or subbasin hearings, and

after additional hydrologic surveys, increase the amount of water

allocated but shall not decrease the amount of water allocated by

regular permit issued prior to the completion of the additional

hydrologic surveys.
Okla. Stat. tit. 82, § 82-1085.91 — OK Code / Title 82 / Section 82-1085.91
Legislative intent
Status: in_force

In addition to the financial assistance programs established

under Sections 1085.31 through 1085.49, 1085.51 through 1085.65, and

1085.71 through 1085.84A of this title pursuant to Section 39 of

Article X of the Oklahoma Constitution, it is the intention of the

Legislature to establish a Hazard Mitigation Financial Assistance

Program. Financing projects to mitigate certain hazards are hereby

declared to be a public purpose.
Okla. Stat. tit. 82, § 82-1085.75 — OK Code / Title 82 / Section 82-1085.75
Powers and duties of Department
Status: in_force

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

Department of Environmental Quality shall have the power and duty

to:

1. Prepare and maintain the priority list for treatment works;

2. Review and assess the planning documents for and cost

effectiveness of drinking water treatment projects on the priority

list;

3. Determine drinking water treatment project feasibility and

the entities' eligibility to receive funding from the Drinking Water

Treatment Revolving Loan Account;

4. Determine which projects should be referred to the Board for

loans from the Drinking Water Treatment Revolving Loan Account;

5. Perform any required environmental review and make any

required environmental determinations in accordance with any

necessary environmental review process approved by the Environmental

Protection Agency;

6. Provide oversight and technical assistance during the

planning, design, and construction phase of the drinking water

treatment project for which the entity is applying for such loan;

7. Be the instrumentality to make application to the

Environmental Protection Agency for the capitalization grant and

enter into the capitalization grant agreement, and be the recipient

of the capitalization grant; and

8. Assess the technical capability of an applicant to ensure

compliance with the federal Safe Drinking Water Act over the long

term.

B. In determining the cost effectiveness of any drinking water

treatment project, the Department shall require the preparation of a

cost effective analysis of feasible drinking water treatment or

conveyance alternatives capable of meeting state and federal

drinking water standards and public health requirements while

recognizing environmental and other nonmonetary considerations

determined to be relevant by the Department.
Okla. Stat. tit. 82, § 82-895 — OK Code / Title 82 / Section 82-895
Certain municipal annexations prohibited
Status: in_force

Municipalities are prohibited from annexing property which is

covered by any body of water subject to the control of the Grand

River Dam Authority or from annexing any property located within one

thousand (1,000) feet of the high water mark of such body of water,

without prior approval of the Grand River Dam Authority Board of

Directors. Provided, however, municipalities may annex property by

crossing a body of water if the property has been improved with a

bridge or similar permanent structure.
Okla. Stat. tit. 82, § 82-1501-703 — OK Code / Title 82 / Section 82-1501-703
Renumbered as § 3-3-406 of Title 27A by Laws 1993, c
Status: in_force

324, § 56, eff. July 1, 1993.
Okla. Stat. tit. 82, § 82-1431 — OK Code / Title 82 / Section 82-1431
Approval and ratification - Text of compact
Status: in_force

The following Interstate Compact is hereby approved and

ratified.

RED RIVER COMPACT

ARKANSAS-LOUISIANA-OKLAHOMA-TEXAS, 1978

PREAMBLE

The States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant

to the acts of their respective Governors or Legislatures, or both,

being moved by considerations of interstate comity, have resolved to

compact with respect to the water of the Red River and its

tributaries. By Act of Congress, Public Law No. 346 (84th Congress,

First Session), the consent of the United States has been granted

for said states to negotiate and enter into a compact providing for

an equitable apportionment of such water; and pursuant to that Act

the President has designated the representative of the United

States.

Further, the consent of Congress has been given for two or more

states to negotiate and enter into agreements relating to water

pollution control by the provisions of the Federal Water Pollution

Control Act (P.L. 92-500, 33 U.S.C. Sections 1251 et seq.).

The Signatory States acting through their duly authorized

Compact Commissioners, after several years of negotiations, have

agreed to an equitable apportionment of the water of the Red River

and its tributaries and do hereby submit and recommend that this

Compact be adopted by the respective Legislatures and approved by

Congress as hereinafter set forth:

ARTICLE I

PURPOSES

Section 1.01 The principal purposes of this Compact are:

(a) To promote interstate comity and remove causes of

controversy between each of the affected states by

governing the use, control and distribution of the

interstate water of the Red River and its tributaries;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 362

(b) To provide an equitable apportionment among the

Signatory States of the water of the Red River and its

tributaries;

(c) To promote an active program for the control and

alleviation of natural deterioration and pollution of the

water of the Red River Basin and to provide for enforcement

of the laws related thereto;

(d) To provide the means for an active program for the

conservation of water, protection of lives and property

from floods, improvement of water quality, development of

navigation and regulation of flows in the Red River Basin;

and

(e) To provide a basis for state or joint state planning

and action by ascertaining and identifying each state's

share in the interstate water of the Red River Basin and

the apportionment thereof.

ARTICLE II

GENERAL PROVISIONS

Section 2.01 Each Signatory State may use the water allocated

to it by this Compact in any manner deemed beneficial by that state.

Each state may freely administer water rights and uses in accordance

with the laws of that state, but such uses shall be subject to the

availability of water in accordance with the apportionments made by

this Compact.

Section 2.02 The use of water by the United States in

connection with any individual Federal project shall be in

accordance with the Act of Congress authorizing the project and the

water shall be charged to the state or states receiving the benefit

therefrom.

Section 2.03 Any Signatory State using the channel of Red River

or its tributaries to convey stored water shall be subject to an

appropriate reduction in the amount which may be withdrawn at the

point of removal to account for transmission losses.

Section 2.04 The failure of any state to use any portion of the

water allocated to it shall not constitute relinquishment or

forfeiture of the right to such use.

Section 2.05 Each Signatory State shall have the right to:

(a) Construct conservation storage capacity for the

impoundment of water allocated by this Compact;

(b) Replace within the same area any storage capacity

recognized or authorized by this Compact made unusable by

any cause, including losses due to sediment storage;

(c) Construct reservoir storage capacity for the purposes

of flood and sediment control as well as storage of water

which is either imported or is to be exported if such

storage does not adversely affect the delivery of water

apportioned to any other Signatory State; and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 363

(d) Use the bed and banks of the Red River and its

tributaries to convey stored water, imported or exported

water, and water apportioned according to this Compact.

Section 2.06 Signatory States may cooperate to obtain

construction of facilities of joint benefits to such states.

Section 2.07 Nothing in this Compact shall be deemed to impair

or affect the powers, rights, or obligations of the United States,

or those claiming under its authority, in, over and to water of the

Red River Basin.

Section 2.08 Nothing in this Compact shall be construed to

include within the water apportioned by this Compact any water

consumed in each state by livestock or for domestic purposes;

provided, however, the storage of such water is in accordance with

the laws of the respective states but any such impoundment shall not

exceed 200 acre-feet, or such smaller quantity as may be provided

for by the laws of each state.

Section 2.09 In the event any state shall import water into the

Red River Basin from any other river basin, the Signatory State

making the importation shall have the use of such imported water.

Section 2.10 Nothing in this Compact shall be deemed to:

(a) Interfere with or impair the right or power of any

Signatory State to regulate within its boundaries the

appropriation, use, and control of water, or quality of

water, not inconsistent with its obligations under this

Compact;

(b) Repeal or prevent the enactment of any legislation or

the enforcement of any requirement by any Signatory State

imposing any additional conditions or restrictions to

further lessen or prevent the pollution or natural

deterioration of water within its jurisdiction; provided

nothing contained in this paragraph shall alter any

provisions of this Compact dealing with the apportionment

of water or the rights thereto; or

(c) Waive any state's immunity under the Eleventh Amendment

of the Constitution of the United States, or as

constituting the consent of any state to be sued by its own

citizens.

Section 2.11 Accounting for apportionment purposes on

interstate streams shall not be mandatory under the terms of the

Compact until one or more affected states deem the accounting

necessary.

Section 2.12 For the purposes of apportionment of the water

among the Signatory States, the Red River is hereby divided into the

following major subdivisions:

(a) Reach I - the Red River and tributaries from the New

Mexico-Texas state boundary to Denison Dam;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 364

(b) Reach II - the Red River from Denison Dam to the point

where it crosses the Arkansas-Louisiana state boundary and

all tributaries which contribute to the flow of the River

within this reach;

(c) Reach III - the tributaries west of the Red River which

cross the Texas-Louisiana state boundary, the Arkansas-

Louisiana state boundary, and those which cross both the

Texas-Arkansas state boundary and the Arkansas-Louisiana

state boundary;

(d) Reach IV - the tributaries east of the Red River in

Arkansas which cross the Arkansas-Louisiana state boundary;

and

(e) Reach V - that portion of the Red River and tributaries

in Louisiana not included in Reach III or in Reach IV.

Section 2.13 If any part or application of this Compact shall

be declared invalid by a court of competent jurisdiction, all other

severable provisions and applications of this Compact shall remain

in full force and effect.

Section 2.14 Subject to the availability of water in accordance

with this Compact, nothing in this Compact shall be held or

construed to alter, impair, or increase, validate, or prejudice any

existing water right or right of water use that is legally

recognized on the effective date of this Compact by either statutes

or courts of the Signatory State within which it is located.

ARTICLE III

DEFINITIONS

Section 3.01 In this Compact:

(a) The States of Arkansas, Louisiana, Oklahoma, and Texas

are referred to as "Arkansas", "Louisiana", "Oklahoma", and

"Texas", respectively, or individually as "State" or

"Signatory State", collectively as "States" or "Signatory

States."

(b) The term "Red River" means the stream below the

crossing of the Texas-Oklahoma state boundary at longitude

100 degrees west.

(c) The term "Red River Basin" means all of the natural

drainage area of the Red River and its tributaries east of

the New Mexico-Texas state boundary and above its junction

with Atchafalaya and Old Rivers.

(d) The term "water of the Red River Basin" means the water

originating in any part of the Red River Basin and flowing

to or in the Red River or any of its tributaries.

(e) The term "tributary" means any stream which contributes

to the flow of the Red River.

(f) The term "interstate tributary" means a tributary of

the Red River, the drainage area of which includes portions

of two (2) or more Signatory States.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 365

(g) The term "intrastate tributary" means a tributary of

the Red River, the drainage area of which is entirely

within a single Signatory State.

(h) The term "Commission" means the agency created by

Article IX of this Compact for the administration thereof.

(i) The term "pollution" means the alteration of the

physical, chemical, or biological characteristics of water

by the acts or instrumentalities of man which create or are

likely to result in a material and adverse effect upon

human beings, domestic or wild animals, fish and other

aquatic life, or adversely affect any other lawful use of

such water; provided, that for the purposes of this

Compact, "pollution" shall not mean or include "natural

deterioration."

(j) The term "natural deterioration" means the material

reduction in the quality of water resulting from the

leaching of solubles from the soils and rocks through or

over which the water flows naturally.

(k) The term "designated water" means water released from

storage, paid for by non-Federal interests, for delivery to

a specific point of use or diversion.

(l) The term "undesignated water" means all water released

from storage other than "designated water."

(m) The term "conservation storage capacity" means that

portion of the active capacity of reservoirs available for

the storage of water for subsequent beneficial use, and it

excludes any portion of the capacity of reservoirs

allocated solely to flood control and sediment control, or

either of them.

(n) The term "runoff" means both the portion of

precipitation which runs off the surface of a drainage area

and that portion of the precipitation that enters the

streams after passing through the portions of the earth.

ARTICLE IV

APPORTIONMENT OF WATER - REACH I

OKLAHOMA - TEXAS

Subdivision of Reach I and apportionment of water therein.

Reach I of the Red River is divided into topographical subbasins,

with the water therein allocated as follows:

Section 4.01 Subbasin 1- Interstate streams - Texas.

(a) This includes the Texas portion of Buck Creek, Sand

(Lebos) Creek, Salt Fork Red River, Elm Creek, North Fork

Red River, Sweetwater Creek, and Washita River, together

with all their tributaries in Texas which lie west of the

100th Meridian.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 366

(b) The annual flow within this subbasin is hereby

apportioned sixty percent (60%) to Texas and forty percent

(40%) to Oklahoma.

Section 4.02 Subbasin 2 - Intrastate and interstate streams -

Oklahoma.

(a) This subbasin is composed of all tributaries of the Red

River in Oklahoma and portions thereof upstream to the

Texas-Oklahoma state boundary at longitude one hundred

degrees west, beginning from Denison Dam and upstream to

and including Buck Creek.

(b) The State of Oklahoma shall have free and unrestricted

use of the water of this subbasin.

Section 4.03 Subbasin 3 - Intrastate streams - Texas.

(a) This includes the tributaries of the Red River in

Texas, beginning from Denison Dam and upstream to and

including Prairie Dog Town Fork Red River.

(b) The State of Texas shall have free and unrestricted use

of the water in this subbasin.

Section 4.04 Subbasin 4 - Main stem of the Red River and Lake

Texoma.

(a) This subbasin includes all of Lake Texoma and the Red

River beginning at Denison Dam and continuing upstream to

the Texas-Oklahoma state boundary at longitude one hundred

degrees west.

(b) The storage of Lake Texoma and flow from the main stem

of the Red River into Lake Texoma is apportioned as

follows:

(1) Oklahoma 200,000 acre-feet and Texas 200,000 acre-feet,

which quantities shall include existing allocations and

uses; and

(2) Additional quantities in a ratio of fifty percent (50%)

to Oklahoma and fifty percent (50%) to Texas.

Section 4.05 Special Provisions.

(a) Texas and Oklahoma may construct, jointly or in

cooperation with the United States, storage or other

facilities for the conservation and use of water; provided

that any facilities constructed on the Red River boundary

between the two states shall not be inconsistent with the

Federal legislation authorizing Denison Dam and Reservoir

project.

(b) Texas shall not accept for filing, or grant a permit,

for the construction of a dam to impound water solely for

irrigation, flood control, soil conservation, mining and

recovery of minerals, hydroelectric power, navigation,

recreation and pleasure, or for any other purpose other

than for domestic, municipal, and industrial water supply,

on the main stem of the North Fork Red River or any of its

Oklahoma Statutes - Title 82. Waters and Water Rights Page 367

tributaries within Texas above Lugert-Altus Reservoir until

the date that imported water sufficient to meet the

municipal and irrigation needs of Western Oklahoma is

provided, or until January 1, 2000, whichever occurs first.

ARTICLE V

APPORTIONMENT OF WATER - REACH II

ARKANSAS, OKLAHOMA, TEXAS AND LOUISIANA

Subdivision of Reach II and allocation of water therein. Reach

II of the Red River is divided into topographic subbasins, and the

water therein is allocated as follows:

Section 5.01 Subbasin 1 - Intrastate streams - Oklahoma.

(a) This subbasin includes those streams and their

tributaries above existing, authorized or proposed last

downstream major damsites, wholly in Oklahoma and flowing

into Red River below Denison Dam and above the Oklahoma-

Arkansas state boundary. These streams and their

tributaries with existing, authorized or proposed last

downstream major damsites are as follows:

Location

Stream Site Ac-ft Latitude

Longitude

Island-Bayou Albany 85,200 33°51.5'N

96°11.4'W

Blue River Durant 147,000 33°55.5'N

96°04.2'W

Boggy River Boswell 1,243,800 34°01.6'N

95°45.0'W

Kiamichi River Hugo 240,700 34°01.0'N

95°22.6'W

(b) Oklahoma is apportioned the water of this subbasin and

shall have unrestricted use thereof.

Section 5.02 Subbasin 2 - Intrastate streams - Texas.

(a) This subbasin includes those streams and their

tributaries above existing authorized or proposed last

downstream major damsites, wholly in Texas and flowing into

Red River below Denison Dam and above the Texas-Arkansas

state boundary. These streams and their tributaries with

existing, authorized or proposed last downstream major

damsites are as follows:

Location

Stream Site Ac-ft Latitude

Longitude

Shawnee Creek Randall Lake 5,400 33°48.1'N

96°34.8'W

Brushy Creek Valley Lake 15,000 33°38.7'N

96°21.5'W

New Bonham

Oklahoma Statutes - Title 82. Waters and Water Rights Page 368

Bois d'Arc Creek Reservoir 130,600 33°42.9'N

95°58.2'W

Coffee Mill Creek Coffee Mill Lake 8,000 33°44.1'N

95°58.0'W

Sandy Creek Lake Crockett 3,900 33°44.5'N

95°55.5'W

Sanders Creek Pat Mayse 124,500 33°51.2'N

95°32.9'W

Pine Creek Lake Crook 11,011 33°43.7'N

95°34.0'W

Big Pine Creek Big Pine Lake 138,600 33°52.0'N

95°11.7'W

Pecan Bayou Pecan Bayou 625,000 33°41.1'N

94°58.7'W

Mud Creek Liberty Hill 97,700 33°33.0'N

94°29.3'W

KVW Ranch

Mud Creek Lakes(3) 3,440 33°34.8'N

94°27.3'W

(b) Texas is apportioned the water of this subbasin and

shall have unrestricted use thereof.

Section 5.03 Subbasin 3 - Interstate Streams - Oklahoma and

Arkansas.

(a) This subbasin includes Little River and its tributaries

above Millwood Dam.

(b) The States of Oklahoma and Arkansas shall have free and

unrestricted use of the water of this subbasin within their

respective states, subject, however, to the limitation that

Oklahoma shall allow a quantity of water equal to forty

percent (40%) of the total runoff originating below the

following existing, authorized or proposed last downstream

major damsites in Oklahoma to flow into Arkansas:

Location

Stream Site Ac-ft Latitude

Longitude

Little River Pine Creek 70,500 34°06.8'N

95°04.9'W

Glover Creek Lukfata 258,600 34°08.5'N

94°55.4'W

Mountain Fork

River Broken Bow 470,100 34°08.9'N

94°41.2'W

(c) Accounting will be on an annual basis unless otherwise

deemed necessary by the States of Arkansas and Oklahoma.

Section 5.04 Subbasin 4 - Interstate streams - Texas and

Arkansas.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 369

(a) This subbasin shall consist of those streams and their

tributaries above existing, authorized or proposed last

downstream major damsites, originating in Texas and

crossing the Texas-Arkansas state boundary before flowing

into the Red River in Arkansas. These streams and their

tributaries with existing, authorized or proposed last

downstream major damsites are as follows:

Location

Stream Site Ac-ft Latitude

Longitude

McKinney

Bayou Trib. Bringle Lake 3,052 33°30.6'N

94°06.2'W

Barkman

Barkman Creek Reservoir 15,900 33°29.7'N

94°10.3'W

Sulphur River Texarkana 386,900 33°18.3'N

94°09.6'W

(b) The State of Texas shall have the free and unrestricted

use of the water of this subbasin.

Section 5.05 Subbasin 5 - Main stem of the Red River and

tributaries.

(a) This subbasin includes that portion of the Red River,

together with its tributaries, from Denison Dam down to the

Arkansas-Louisiana state boundary, excluding all

tributaries included in the other four subbasins of Reach

II.

(b) Water within this subbasin is allocated as follows:

(1) The Signatory States shall have equal rights to the use

of runoff originating in subbasin 5 and undesignated water

flowing into subbasin 5, so long as the flow of the Red

River at the Arkansas-Louisiana state boundary is 3,000

cubic feet per second or more, provided no state is

entitled to more than twenty-five percent (25%) of the

water in excess of 3,000 cubic feet per second.

(2) Whenever the flow of the Red River at the Arkansas-

Louisiana state boundary is less than 3,000 cubic feet per

second, but more than 1,000 cubic feet per second, the

States of Arkansas, Oklahoma, and Texas shall allow to flow

into the Red River for delivery to the State of Louisiana a

quantity of water equal to forty percent (40%) of the total

weekly runoff originating in subbasin 5 and forty percent

(40%) of undesignated water flowing into subbasin 5;

provided, however, that this requirement shall not be

interpreted to require any state to release stored water.

(3) Whenever the flow of the Red River at the Arkansas-

Louisiana state boundary falls below 1,000 cubic feet per

Oklahoma Statutes - Title 82. Waters and Water Rights Page 370

second, the States of Arkansas, Oklahoma, and Texas shall

allow a quantity of water equal to all the weekly runoff

originating in subbasin 5 and all undesignated water

flowing into subbasin 5 within their respective states to

flow into the Red River as required to maintain a 1,000

cubic foot per second flow at the Arkansas-Louisiana state

boundary.

(c) Whenever the flow at Index, Arkansas, is less than 526

cfs, the States of Oklahoma and Texas shall each allow a

quantity of water equal to forty percent (40%) of the total

weekly runoff originating in subbasin 5 within their

respective states to flow into the Red River; provided

however, this provision shall be invoked only at the

request of Arkansas, only after Arkansas has ceased all

diversions from the Red River itself in Arkansas above

Index, and only if the provisions of subsections 5.05 (b)

(2) and (3) have not caused a limitation of diversions in

subbasin 5.

(d) No state guarantees to maintain a minimum low flow to a

downstream state.

Section 5.06 Special Provisions.

(a) Reservoirs within the limits of Reach II, subbasin 5,

with a conservation storage capacity of 1,000 acre-feet or

less in existence or authorized on the date of the Compact

pursuant to the rights and privileges granted by a

Signatory State authorizing such reservoirs, shall be

exempt from the provisions of Section 5.05; provided, if

any right to store water in, or use water from, an existing

exempt reservoir expires or is cancelled after the

effective date of the Compact the exemption for such rights

provided by this section shall be lost.

(b) A Signatory State may authorize a change in the purpose

or place of use of water from a reservoir exempted by

subparagraph (a) of this section without losing that

exemption, if the quantity of authorized use and storage is

not increased.

(c) Additionally, exemptions from the provisions of Section

5.05 shall not apply to direct diversions from Red River to

off-channel reservoirs or lands.

ARTICLE VI

APPORTIONMENT OF WATER - REACH III

ARKANSAS, LOUISIANA, AND TEXAS

Subdivision of Reach III and allocation of water therein. Reach

III of the Red River is divided into topographic subbasins, and the

water therein allocated, as follows:

Section 6.01 Subbasin 1 - Interstate streams - Arkansas and

Texas.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 371

(a) This subbasin includes the Texas portion of those

streams crossing the Arkansas-Texas state boundary one or

more times and flowing through Arkansas into Cypress Creek-

Twelve Mile Bayou watershed in Louisiana.

(b) Texas is apportioned sixty percent (60%) of the runoff

of this subbasin and shall have unrestricted use thereof;

Arkansas is entitled to forty percent (40%) of the runoff

of this subbasin.

Section 6.02 Subbasin 2 - Interstate streams - Arkansas and

Louisiana.

(a) This subbasin includes the Arkansas portion of those

streams flowing from subbasin 1 into Arkansas, as well as

other streams in Arkansas which cross the Arkansas-

Louisiana state boundary one or more times and flow into

Cypress Creek-Twelve Mile Bayou watershed in Louisiana.

(b) Arkansas is apportioned sixty percent (60%) of the

runoff of this subbasin and shall have unrestricted use

thereof; Louisiana is entitled to forty percent (40%) of

the runoff of this subbasin.

Section 6.03 Subbasin 3 - Interstate streams - Texas and

Louisiana.

(a) This subbasin includes the Texas portion of all

tributaries crossing the Texas-Louisiana state boundary one

or more times and flowing into Caddo Lake, Cypress Creek-

Twelve Mile Bayou or Cross Lake, as well as the Louisiana

portion of such tributaries.

(b) Texas and Louisiana within their respective boundaries

shall each have the unrestricted use of the water of this

subbasin subject to the following allocation:

(1) Texas shall have the unrestricted right to all water

above Marshall, Lake O' the Pines, and Black Cypress

damsites; however, Texas shall not cause runoff to be

depleted to a quantity less than that which would have

occurred with the full operation of Franklin County, Titus

County, Ellison Creek, Johnson Creek, Lake O' the Pines,

Marshall, and Black Cypress Reservoirs constructed, and

those other impoundments and diversions existing on the

effective date of this Compact. Any depletions of runoff

in excess of the depletions described above shall be

charged against Texas' apportionment of the water in Caddo

Reservoir. (2) Texas and Louisiana shall each have the

unrestricted right to use fifty percent (50%) of the

conservation storage capacity in the present Caddo Lake for

the impoundment of water for state use, subject to the

provision that supplies for existing uses of water from

Caddo Lake, on date of Compact, are not reduced.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 372

(3) Texas and Louisiana shall each have the unrestricted

right to fifty percent (50%) of the conservation storage

capacity of any future enlargement of Caddo Lake, provided,

the two states may negotiate for the release of each

state's share of the storage space on terms mutually agreed

upon by the two states after the effective date of this

Compact.

(4) Inflow to Caddo Lake from its drainage area downstream

from Marshall, Lake O' the Pines, and Black Cypress

damsites and downstream from other last downstream dams in

existence on the date of the signing of the Compact

document by the Compact Commissioners, will be allowed to

continue flowing into Caddo Lake except that any man-made

depletions to this inflow by Texas will be subtracted from

the Texas share of the water in Caddo Lake.

(c) In regard to the water of interstate streams which do

not contribute to the inflow to Cross Lake or Caddo Lake,

Texas shall have the unrestricted right to divert and use

this water on the basis of a division of runoff above the

state boundary of sixty percent (60%) to Texas and forty

percent (40%) to Louisiana.

(d) Texas and Louisiana will not construct improvements on

the Cross Lake Watershed in either state that will affect

the yield of Cross Lake; provided, however, this subsection

shall be subject to the provisions of Section 2.08.

Section 6.04 Subbasin 4 - Intrastate streams - Louisiana.

(a) This subbasin includes that area of Louisiana in Reach

III not included within any other subbasin.

(b) Louisiana shall have free and unrestricted use of the

water of this subbasin.

ARTICLE VII

APPORTIONMENT OF WATER - REACH IV ARKANSAS AND LOUISIANA

Subdivision of Reach IV and allocation of water therein. Reach

IV of the Red River is divided into topographic subbasins, and the

water therein allocated as follows:

Section 7.01 Subbasin 1 - Intrastate streams - Arkansas.

(a) This subbasin includes those streams and their

tributaries above last downstream major damsites

originating in Arkansas and crossing the Arkansas-Louisiana

state boundary before flowing into the Red River in

Louisiana. Those major last downstream damsites are as

follows:

Location

Stream Site Ac-ft Latitude

Longitude

Ouachita River Lake Catherine 19,000 34°26.6'N

93°01.6'W

Oklahoma Statutes - Title 82. Waters and Water Rights Page 373

Caddo River DeGray Lake 1,377,000 34°13.2'N

93°06.6'W

Little Missouri

River Lake Greeson 600,000 34°08.9'N

93°42.9'W

Alum Fork,

Saline River Lake Winona 63,264 32°47.8'N

92°51.0'W

(b) Arkansas is apportioned the waters of this subbasin and

shall have unrestricted use thereof.

Section 7.02 Subbasin 2 - Interstate Streams - Arkansas and

Louisiana.

(a) This subbasin shall consist of Reach IV less subbasin 1

as defined in Section 7.01 (a) above.

(b) The State of Arkansas shall have free and unrestricted

use of the water of this reach subject to the limitation

that Arkansas shall allow a quantity of water equal to

forty percent (40%) of the weekly runoff originating below

or flowing from the last downstream major damsite to flow

into Louisiana. Where there are no designated last

downstream damsites, Arkansas shall allow a quantity of

water equal to forty percent (40%) of the total weekly

runoff originating above the state boundary to flow into

Louisiana. Use of water in this subbasin is subject to low

flow provisions of subparagraph 7.03 (b).

Section 7.03 Special Provisions.

(a) Arkansas may use the beds and banks of segments of

Reach IV for the purpose of conveying its share of water to

designated downstream diversions.

(b) The State of Arkansas does not guarantee to maintain a

minimum low flow for Louisiana in Reach IV. However, on

the following streams when the use of water in Arkansas

reduces the flow at the Arkansas-Louisiana state boundary

to the following amounts:

(1) Ouachita - 780 cfs

(2) Bayou Bartholomew - 80 cfs

(3) Boeuf River - 40 cfs

(4) Bayou Macon - 40 cfs

the State of Arkansas pledges to take affirmative steps to

regulate the diversions of runoff originating or flowing

into Reach IV in such a manner as to permit an equitable

apportionment of the runoff as set out herein to flow into

the State of Louisiana. In its control and regulation of

the water of Reach IV any adjudication or order rendered by

the State of Arkansas or any of its instrumentalities or

agencies affecting the terms of this Compact shall not be

Oklahoma Statutes - Title 82. Waters and Water Rights Page 374

effective against the State of Louisiana nor any of its

citizens or inhabitants until approved by the Commission.

ARTICLE VIII

APPORTIONMENT OF WATER - REACH V

Section 8.01 Reach V of the Red River consists of the main stem

Red River and all of its tributaries lying wholly within the State

of Louisiana. The State of Louisiana shall have free and

unrestricted use of the water of this subbasin.

ARTICLE IX

ADMINISTRATION OF THE COMPACT

Section 9.01 There is hereby created an interstate

administrative agency to be known as the "Red River Compact

Commission", hereinafter called the "Commission". The Commission

shall be composed of two representatives from each Signatory State

who shall be designated or appointed in accordance with the laws of

each state, and one Commissioner representing the United States, who

shall be appointed by the President. The Federal Commissioner shall

be the Chairman of the Commission but shall not have the right to

vote. The failure of the President to appoint a Federal

Commissioner will not prevent the operation or effect of this

Compact, and the eight representatives from the Signatory States

will elect a Chairman for the Commission.

Section 9.02 The Commission shall meet and organize within

sixty (60) days after the effective date of this Compact.

Thereafter, meetings shall be held at such times and places as the

Commission shall decide.

Section 9.03 Each of the two Commissioners from each state

shall have one vote; provided, however, that if only one

representative from a state attends he is authorized to vote on

behalf of the absent Commissioner from that state. Representatives

from three states shall constitute a quorum. Any action concerned

with administration of this Compact or any action requiring

compliance with specific terms of this Compact shall require six

concurring votes. If a proposed action of the Commission affects

existing water rights in a state, and that action is not expressly

provided for in this Compact, eight concurring votes shall be

required.

Section 9.04 (a) The salaries and personal expenses of each

state's representative shall be paid by the government that

it represents, and the salaries and personal expenses of

the Federal Commissioner will be paid for by the United

States.

(b) The Commission's expenses for any additional stream

flow gauging stations shall be equitably apportioned among

the states involved in the reach in which the stream flow

gauging stations are located.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 375

(c) All other expenses incurred by the Commission shall be

borne equally by the Signatory States and shall be paid by

the Commission out of the "Red River Compact Commission

Fund". Such fund shall be initiated and maintained by

equal payments of each state into the fund. Disbursement

shall be made from the fund in such manner as may be

authorized by the Commission. Such fund shall not be

subject to audit and accounting procedures of the state;

however, all receipts and disbursements of the fund by the

Commission shall be audited by a qualified independent

public accountant at regular intervals, and the report of

such audits shall be included in and become a part of the

annual report of the Commission. Each state shall have the

right to make its own audit of the accounts of the

Commission at any reasonable time.

ARTICLE X

POWERS AND DUTIES OF THE COMMISSION

Section 10.01 The Commission shall have the power to:

(a) Adopt rules and regulations governing its operation and

enforcement of the terms of the Compact;

(b) Establish and maintain an office for the conduct of its

affairs and, if desirable, from time to time, change its

location;

(c) Employ or contract with such engineering, legal,

clerical and other personnel as it may determine necessary

for the exercise of its functions under this Compact

without regard to the Civil Service Laws of any Signatory

State; provided that such employees shall be paid by and be

responsible to the Commission and shall not be considered

employees of any Signatory State;

(d) Acquire, use and dispose of such real and personal

property as it may consider necessary;

(e) Enter into contracts with appropriate state or Federal

agencies for the collection, correlation and presentation

of factual data, for the maintenance of records and for the

preparation of reports;

(f) Secure from the head of any department or agency of the

Federal or state government such information as it may need

or deem to be useful for carrying out its functions and as

may be available to or procurable by the department or

agency to which the request is addressed; provided such

information is not privileged and the department or agency

is not precluded by law from releasing same.

(g) Make findings, recommendations or reports in connection

with carrying out the purposes of this Compact, including,

but not limited to, a finding that a Signatory State is or

is not in violation of any of the provisions of this

Oklahoma Statutes - Title 82. Waters and Water Rights Page 376

Compact. The Commission is authorized to make such

investigations and studies, and to hold such hearings as it

may deem necessary for said purposes. It is authorized to

make and file official certified copies of any of its

findings, recommendations or reports with such officers or

agencies of any Signatory State, or the United States, as

may have any interest in or jurisdiction over the subject

matter. The making of findings, recommendations, or

reports by the Commission shall not be a condition

precedent to the instituting or maintaining of any action

or proceeding of any kind by a Signatory State in any court

or tribunal, or before any agency or officer, for the

protection of any right under this Compact or for the

enforcement of any of its provisions; and

(h) Print or otherwise reproduce and distribute its

proceedings and reports.

Section 10.02 The Commission shall:

(a) Cause to be established, maintained, and operated such

stream, reservoir and other gauging stations as are

necessary for the proper administration of the Compact;

(b) Cause to be collected, analyzed and reported such

information on stream flows, water quality, water storage

and such other data as are necessary for the proper

administration of the Compact;

(c) Perform all other functions required of it by the

Compact and do all things necessary, proper and convenient

in the performance of its duties thereunder;

(d) Prepare and submit to the Governor of each of the

Signatory States a budget covering the anticipated expenses

of the Commission for the following fiscal biennium;

(e) Prepare and submit an annual report to the Governor of

each Signatory State and to the President of the United

States covering the activities of the Commission for the

preceding fiscal year, together with an accounting of all

funds received and expended by it in the conduct of its

work;

(f) Make available to the Governor or to any official

agency of a Signatory State or to any authorized

representative of the United States, upon request, any

information within its possession;

(g) Not incur any obligation in excess of the unencumbered

balance of its funds, nor pledge the credit of any of the

Signatory States; and

(h) Make available to a Signatory State or the United

States in any action arising under this Compact, without

subpoena, the testimony of any officer or employee of the

Commission having knowledge of any relevant facts.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 377

ARTICLE XI

POLLUTION

Section 11.01 The Signatory States recognize that the increase

in population and the growth of industrial, agricultural, mining and

other activities combined with natural pollution sources may lead to

a diminution of the quality of water in the Red River Basin which

may render the water harmful or injurious to the health and welfare

of the people and impair the usefulness or public enjoyment of the

water for beneficial purposes, thereby resulting in adverse social,

economic, and environmental impacts.

Section 11.02 Although affirming the primary duty and

responsibility of each Signatory State to take appropriate action

under its own laws to prevent, diminish, and regulate all pollution

sources within its boundaries which adversely affect the water of

the Red River Basin, the states recognize that the control and

abatement of the naturally-occurring salinity sources as well as,

under certain circumstances, the maintenance and enhancement of the

quality of water in the Red River Basin may require the cooperative

action of all states.

Section 11.03 The Signatory States agree to cooperate with

agencies of the United States to devise and effectuate means of

alleviating the natural deterioration of the water of the Red River

Basin.

Section 11.04 The Commission shall have the power to cooperate

with the United States, the Signatory States and other entities in

programs for abating and controlling pollution and natural

deterioration of the water of the Red River Basin, and to recommend

reasonable water quality objectives to the states.

Section 11.05 Each Signatory State agrees to maintain current

records of waste discharges into the Red River Basin and the type

and quality of such discharges, which records shall be furnished to

the Commission upon request.

Section 11.06 Upon receipt of a complaint from the Governor of

a Signatory State that the interstate water of the Red River Basin

in which it has an interest are being materially and adversely

affected by pollution and that the state in which the pollution

originates has failed after reasonable notice to take appropriate

abatement measures, the Commission shall make such findings as are

appropriate and thereafter provide such findings to the Governor of

the state in which such pollution originates and request appropriate

corrective action. The Commission, however, shall not take any

action with respect to pollution which adversely affects only the

state in which such pollution originates.

Section 11.07 In addition to its other powers set forth under

this Article, the Commission shall have the authority, upon receipt

of six concurring votes, to utilize applicable Federal statutes to

institute legal action in its own name against the person or entity

Oklahoma Statutes - Title 82. Waters and Water Rights Page 378

responsible for interstate pollution problems; provided, however,

sixty (60) days before initiating legal action the Commission shall

notify the Governor of the state in which the pollution source is

located to allow that state an opportunity to initiate action in its

own name.

Section 11.08 Without prejudice to any other remedy available

to the Commission, or any Signatory State, any state which is

materially and adversely affected by the pollution of the water of

the Red River Basin by pollution originating in another Signatory

State may institute a suit against any individual, corporation,

partnership, or association, or against any Signatory State or

political or governmental subdivision thereof, or against any

officer, agency, department, bureau, district or instrumentality of

or in any Signatory State contributing to such pollution in

accordance with applicable Federal statutes. Nothing herein shall

be construed as depriving any person of any rights of action

relating to pollution which such person would have if this Compact

had not been made.

ARTICLE XII

TERMINATION AND AMENDMENT OF COMPACT

Section 12.01 This Compact may be terminated at any time by

appropriate action of the Legislatures of all of the four Signatory

States. In the event of such termination, all rights established

under it shall continue unimpaired.

Section 12.02 This Compact may be amended at any time by

appropriate action of the Legislatures of all Signatory States that

are affected by such amendment. The consent of the United States

Congress must be obtained before any such amendment is effective.

ARTICLE XIII

RATIFICATION AND EFFECTIVE DATE OF COMPACT

Section 13.01 Notice of ratification of this Compact by the

Legislature of each Signatory State shall be given by the Governor

thereof to the Governors of each of the other Signatory States and

to the President of the United States. The President is hereby

requested to give notice to the Governors of each of the Signatory

States of the consent to this Compact by the Congress of the United

States.

Section 13.02 This Compact shall become effective, binding and

obligatory when, and only when:

(a) It has been duly ratified by each of the Signatory

States; and

(b) It has been consented to by an Act of the Congress of

the United States, which Act provides that:

Any other statute of the United States to the contrary

notwithstanding, in any case or controversy:

i. which involves the construction or application of this

Compact;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 379

ii. in which one or more of the Signatory States to this

Compact is a plaintiff or plaintiffs; and

iii. which is within the judicial power of the United

States as set forth in the Constitution of the United

States;

and without any requirement, limitation or regard as to the

sum or value of the matter in controversy, or of the place

of residence or citizenship of, or of the nature, character

or legal status of, any of the other proper parties

plaintiff or defendant in such case of controversy:

The consent of Congress is given to name and join the

United States as a party defendant or otherwise in any such

case or controversy in the Supreme Court of the United

States if the United States is an indispensable party

thereto.

Section 13.03 The United States District Courts shall have

original jurisdiction (concurrent with that of the Supreme Court of

the United States, and concurrent with that of any other Federal or

state court, in matters in which the Supreme Court, or other court

has original jurisdiction) of any case or controversy involving the

application or construction of this Compact; that said jurisdiction

shall include, but not be limited to, suits between Signatory

States; and that the venue of such case or controversy may be

brought in any judicial district in which the acts complained of (or

any portion thereof) occur.
Okla. Stat. tit. 82, § 82-1020.9A — OK Code / Title 82 / Section 82-1020.9A
Sensitive sole source groundwater basins or subbasins - Moratorium on issuance of
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 6- Moratorium on issuance of certain temporary permits.

A. The Legislature finds that a moratorium is necessary on the

issuance of certain temporary permits on certain sensitive sole

source groundwater basins or subbasins to protect the health, safety

and welfare of the people of Oklahoma.

B. 1. A moratorium is hereby established on the issuance of

any temporary permit that would lead to any municipal or public

water supply use of groundwater from a sensitive sole source

groundwater basin or subbasin outside of any county that overlays in

whole or in part said basin or subbasin. “Sensitive sole source

groundwater basin” means a major groundwater basin or subbasin all

or a portion of which has been designated as a “Sole Source Aquifer”

by the United States Environmental Protection Agency pursuant to the

Safe Drinking Water Act as of the effective date of this act,

including any portion of any contiguous aquifer located within five

Oklahoma Statutes - Title 82. Waters and Water Rights Page 193

(5) miles of the known areal extent of the surface out-crop of the

sensitive sole source groundwater basin.

2. Said moratorium shall be in effect until such time as the

Oklahoma Water Resources Board conducts and completes a hydrological

study and approves a maximum annual yield that will ensure that any

permit for the removal of water from a sensitive sole source

groundwater basin or subbasin will not reduce the natural flow of

water from springs or streams emanating from said basin or subbasin.

3. The provisions of this act shall be applicable to

groundwater permit applications for which no final adjudication has

been made by the Oklahoma Water Resources Board before the effective

date of this act.

4. Any revalidation of a temporary permit, in effect upon the

effective date of this act, that allows for any municipal or public

water supply use of groundwater from a sensitive sole source

groundwater basin outside of any county that overlays in whole or in

part said basin shall be considered a new permit application and

subject to the provisions of this act.
Okla. Stat. tit. 82, § 82-1085.58 — OK Code / Title 82 / Section 82-1085.58
Evaluation of wastewater projects - Financial review - Recommendation of Board -
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 8Recommendation of Board - Approval or rejection of loan application

- Disbursement of funds - Payment of loans.

A. The Board shall provide financial review guidelines for use

in preliminary evaluations of water quality projects. The

evaluation shall include such information as required by the Board,

including but not limited to the:

1. Cost of the water quality projects;

2. Amount of the loan requested;

3. Repayment schedule; and

4. Existing and anticipated assets and liabilities of the

applicant.

B. Upon a determination of the Board that an entity meets the

criteria to receive funding pursuant to the provisions of this act,

the Board shall make an initial financial review.

C. The Board shall prepare its initial financial review of the

entity based upon:

1. The documents submitted by the entity and any additional

information requested by the Board necessary to make a financial

review of such entity; and

2. The proposed loan amount and interest rate for which the

entity qualifies.

D. The initial financial review may either recommend approval

or rejection of the proposed loan.

E. If the Board recommends rejection, the written

recommendations shall include reasons for said rejection. The Board

shall forward a written copy of the rejection notice to the entity.

The entity may then be allowed to modify any such documents in order

to comply with the requirements of the Board and may resubmit the

necessary financial documents to the Board.

F. If the Board recommends approval, the Board shall notify the

entity of such acceptance.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 247

G. If the loan application is for a watershed management or

nonpoint source pollution control project, the application shall

include a written concurrence by the Oklahoma Conservation

Commission, or the Department of Environmental Quality, whichever

agency has jurisdiction, that the proposed water quality project:

1. Meets or will meet a critical local or state need, as

defined in the State Nonpoint Source Assessment and Management

Report;

2. Is needed or will be needed to comply with the State

Nonpoint Source Assessment and Management Report;

3. Is designed to prevent, reduce, or halt the pollution of the

waters of the state;

4. Is cost-effective; and

5. Will be awarded on a cost-share basis, as required.

H. Upon review of the application and applicable documents, the

Board shall either approve or reject the loan application. The

Board may request additional information from the applicant or the

Department of Environmental Quality or Oklahoma Conservation

Commission, as applicable, in order to complete the financial review

of the application for the loan. The Board shall notify the

applicant of any rejection of an application.

I. Upon the closing of the loan, the Board shall authorize

disbursement of funds from the account pursuant to the provisions of

this act, the loan documents and rules of the Board that provide for

the release of the loan proceeds.

J. Payment on loans shall be made to the Board as provided in

the loan documents.
Okla. Stat. tit. 82, § 82-864 — OK Code / Title 82 / Section 82-864
Appointment of secretary and other officers - Compensation
Status: in_force

of officers, agents and employees.

A. 1. The Board of Directors of the Grand River Dam Authority

shall select a secretary who shall keep true and complete records of

all proceedings of the Board. Until the appointment of a secretary,

or in the event of absence or inability to act, a secretary pro

tempore shall be selected by the Board.

2. The Board shall also select a chief executive officer of the

district, and a treasurer, who may also hold the office of

secretary.

3. All such officers shall have the powers and duties, and

shall hold office for such term and be subject to removal in such

manner as may be provided in the compensation of such officers. The

Board may appoint such officers, fix their compensation and term of

office and the method by which they may be removed and delegate to

them such other powers and duties as it may deem appropriate.

4. Except for the purpose of inquiry, the Board and its members

shall deal with the operations of the district solely through the

Chief Executive Officer. The Board and its members shall not:

a. direct or request the Chief Executive Officer or other

authority to appoint or remove officers or employees

except as herein provided,

b. participate in any manner in the appointment or

removal of officers and employees of the district,

except as provided by law, or

c. give orders or ordinary administrative matters to any

subordinate of the Chief Executive Officer either

publicly or privately.

B. The Chief Executive Officer may appoint such other officers,

agents, and employees, fix their compensation pursuant to the

provisions of this section, and term of office and the method by

which they may be removed, and delegate to them such of its power

and duties as the Chief Executive Officer may deem proper.Oklahoma Statutes - Title 82. Waters and Water Rights Page 4
Okla. Stat. tit. 82, § 82-1087.2 — OK Code / Title 82 / Section 82-1087.2
Definitions
Status: in_force

As used in this act, unless the context requires otherwise:

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

2. "Operation" means the performance of weather modification

and control activities pursuant to a single contract entered into

for the purpose of producing, or attempting to produce, a certain

modifying effect within one specified geographical area over one

continuing time interval not exceeding one (1) year, or, if the

performance of weather modification and control activities is to be

undertaken individually or jointly by a person or persons to be

benefited and not undertaken pursuant to a contract, "operation"

means the performance of weather modification and control activities

Oklahoma Statutes - Title 82. Waters and Water Rights Page 269

entered into for the purpose of producing, or attempting to produce,

a certain modifying effect within one specified geographical area

over one continuing time interval not exceeding one (1) year;

3. "Research and development" means theoretical analysis,

exploration and experimentation and the extension of investigative

findings and theories of a scientific or technical nature into

practical application for experimental and demonstration purposes

including the experimental production and testing of models,

devices, equipment, materials and processes; and

4. "Weather modification" or "weather modification and control"

means changing or controlling, or attempting to change or control,

by artificial methods the natural development of any or all

atmospheric cloud forms or precipitation forms which occur in the

troposhere.
Okla. Stat. tit. 82, § 82-1020.22 — OK Code / Title 82 / Section 82-1020.22
Violations
Status: in_force

A. Except as otherwise provided by subsection C of this

section, any person who, after notice from the Oklahoma Water

Resources Board, violates or refuses or neglects to comply with any

provision of Sections 1020.1 through 1020.21 of this title, or any

permit condition, or of any rule or regulation promulgated by the

Board pursuant thereto, or who commits waste as defined in Section

1020.15 of this title shall be subject to administrative penalties

issued by the Board. Said penalties shall not exceed Five Thousand

Dollars ($5,000.00) per day for each violation and each day such

violation continues shall constitute a separate violation. Such

administrative penalties shall be imposed only after notice and

opportunity for hearing on the proposed imposition of such

penalties.

B. In addition to administrative penalties, except as otherwise

provided by subsection C of this section, any person who, after

notice from the Board, violates or refuses or neglects to comply

with any provision of Sections 1020.1 through 1020.21 of this title,

or of any rule or regulation promulgated by the Board pursuant

Oklahoma Statutes - Title 82. Waters and Water Rights Page 205

thereto, or who commits waste as defined in Section 1020.15 of this

title shall be guilty of a misdemeanor, and upon conviction shall be

fined not less than Twenty-five Dollars ($25.00) nor more than One

Thousand Dollars ($1,000.00) for each offense. Any person who,

after notice that he or she is in violation thereof continues to

violate any provision of Sections 1020.1 through 1020.21 of this

title, and fails to comply therewith within a reasonable length of

time, is guilty of a separate offense for each day the violation

continues.

C. Any person causing pollution of the groundwater or placing

or causing to be placed waste in a location where it is likely to

cause pollution of the groundwater shall be subject to the Oklahoma

Environmental Quality Code.
Okla. Stat. tit. 82, § 82-1020.5 — OK Code / Title 82 / Section 82-1020.5
Determination of maximum annual yield
Status: in_force

A. After completing the hydrologic survey, the Board shall make

a tentative determination of the maximum annual yield of groundwater

to be produced from each ground water basin or subbasin therein.

Such determination must be based upon the following:

1. The total land area overlying the basin or subbasin;

2. The amount of water in storage in the basin or subbasin;

3. The rate of recharge to the basin or subbasin and total

discharge from the basin or subbasin;

4. Transmissibility of the basin or subbasin; and

5. The possibility of pollution of the basin or subbasin from

natural sources.

B. The maximum annual yield of each major ground water basin or

subbasin shall be based upon a minimum basin or subbasin life of

twenty (20) years from the effective date of the order establishing

the final determination of the maximum annual yield.

C. For minor groundwater basins or subbasins therein, the

tentative determination of the maximum annual yield shall be based

upon present and reasonably foreseeable future use of groundwater

from such basin or subbasin, recharge and total discharge, the

geographical region in which the basin or subbasin is located and

other relevant factors.
Okla. Stat. tit. 82, § 82-1401 — OK Code / Title 82 / Section 82-1401
Approval of compact - Text
Status: in_force

The following Interstate Compact is hereby approved and

ratified.

ARKANSAS RIVER BASIN COMPACT KANSAS-OKLAHOMA, 1970

The State of Kansas and the State of Oklahoma, acting through

their duly-authorized Compact representatives, Robert L. Smith and

Warden L. Noe, for the State of Kansas, and Geo. R. Benz and Frank

Raab, for the State of Oklahoma, after negotations participated in

by Trigg Twichell, appointed by the President as the representative

of the United States of America, and in accordance with the consent

to such negotiations granted by an Act of Congress of the United

States of America, approved August 11, 1955 (Public Law 340, 84th

Congress, 1st Session), have agreed as follows respecting the waters

of the Arkansas River and its tributaries:

ARTICLE I

The major purposes of this Compact are:

A. To promote interstate comity between the States of Kansas

and Oklahoma;

B. To divide and apportion equitably between the States of

Kansas and Oklahoma the waters of the Arkansas River Basin and to

promote the orderly development thereof;

C. To provide an agency for administering the water

apportionment agreed to herein;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 345

D. To encourage the maintenance of an active pollution-

abatement program in each of the two states and to seek the further

reduction of both natural and man-made pollution in the waters of

the Arkansas River Basin.

ARTICLE II

As used in this Compact:

A. The term "state" shall mean either state signatory hereto

and shall be construed to include any person or persons, entity or

agency of either state who, by reason of official responsibility or

by designation of the Governor of that state, is acting as an

official representative of that state;

B. The term "Kansas-Oklahoma Arkansas River Commission" or the

term "Commission" means the agency created by this Compact for the

administration thereof;

C. The term "Arkansas River" means that portion of the Arkansas

River from a point immediately below the confluence of the Arkansas

and Little Arkansas Rivers in the vicinity of Wichita, Kansas, to a

point immediately below the confluence of the Arkansas River with

the Grand-Neosho River near Muskogee, Oklahoma;

D. The term "Arkansas River Basin" means all of the drainage

basin of the Arkansas River as delimited above, including all

tributaries which empty into it between the upstream and downstream

limits;

E. The term "waters of the Arkansas River and its tributaries"

means the waters originating in the Arkansas River Basin;

F. The term "conservation storage capacity" means that portion

of the active storage capacity of reservoirs, including multipurpose

reservoirs, with a conservation storage capacity in excess of one

hundred 100 acre-feet, available for the storage of water for

subsequent use, but it excludes any portion of the storage capacity

allocated to flood and sediment control and inactive storage

capacity allocated to other uses;

G. The term "new conservation storage capacity" means

conservation storage capacity for which construction is initiated

after July 1, 1963, and storage capacity not presently allocated for

conservation storage which is converted to conservation storage

capacity after July 1, 1963, in excess of the quantities of declared

conservation storage capacity as set forth in the storage table

attached to and made a part of the minutes of the Twenty-fourth

meeting of the Compact Committee dated September 1, 1964, and as

filed and identified to this Compact in the offices of the

Secretaries of State of the respective states:

H. The term "pollution" means contamination or other

alterations of the physical, chemical, biological or radiological

properties of water or the discharge of any liquid, gaseous, or

solid substances into any waters which creates or is likely to

result in a nuisance, or which renders or is likely to render the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 346

waters into which it is discharged harmful, detrimental or injurious

to public health, safety, or welfare or which is harmful,

detrimental or injurious to beneficial uses of the water.

ARTICLE III

The physical and other conditions peculiar to the Arkansas River

Basin constitute the basis for this Compact, and neither of the

states hereby, nor the Congress of the United States by its consent

hereto, concedes that this Compact establishes any general principle

with respect to any other interstate stream.

ARTICLE IV

A. For the purpose of apportionment of water between the two

states, the Arkansas River Basin is hereby divided into major

topographic subbasins as follows:

(1) the Grand-Neosho River Subbasin;

(2) the Verdigris River Subbasin;

(3) the Salt Fork River Subbasin;

(4) the Cimarron River Subbasin; and

(5) the mainstem Arkansas River Subbasin which shall consist of

the Arkansas River Basin, excepting the Grand-Neosho River,

Verdigris River, Salt Fork River, and Cimarron River subbasins.

B. The two states recognize that portions of other states not

signatory to this Compact lie within the drainage area of the

Arkansas River Basin as herein defined. The water apportionments

provided for in this Compact are not intended to affect nor do they

affect the rights of such other states in and to the use of the

waters of the basin.

ARTICLE V

The State of Kansas shall have free and unrestricted use of the

waters of the Arkansas River Basin within Kansas subject to the

provisions of this Compact and to the limitations set forth below:

A. New conservation storage capactiy in the Grand-Neosho River

Subbasin within the State of Kansas shall not exceed six hundred

fifty thousand (650,000) acre-feet plus an additional capacity equal

to the new conservation storage in said drainage basin in Oklahoma

excepting storage on Spavinaw Creek;

B. New conservation storage capacity in the Verdigris River

subbasin within the State of Kansas shall not exceed three hundred

thousand (300,000) acre-feet plus an additional capacity equal to

the new conservation storage in said drainage basin in Oklahoma,

excepting navigation capacity allocated in Oologah Reservoir;

C. New conservation storage capacity in the mainstem Arkansas

River Subbasin within the State of Kansas shall not exceed six

hundred thousand (600,000) acre-feet plus and additional capacity

equal to the new conservation storage in said drainage basin in

Oklahoma;

D. New conservation storage capacity in the Salt Fork River

Subbasin within the State of Kansas shall not exceed three hundred

Oklahoma Statutes - Title 82. Waters and Water Rights Page 347

thousand (300,000) acre-feet plus an additional capacity equal to

the new conservation storage in said drainage basin in Oklahoma;

E. New conservation storage capacity in the Cimarron River

Subbasin within the State of Kansas shall not exceed five thousand

(5,000) acre-feet, provided that new conservation storage capacity

in excess of that amount may be constructed if specific project

plans have first been submitted to and have received the approval of

the Commission.

ARTICLE VI

The State of Oklahoma shall have free and unrestricted use of

the waters of the Arkansas River Basin within Oklahoma subject to

the provisions of this Compact and to the limitations set forth

below:

New conservation storage capactiy in the Cimarron River Subbasin

within the State of Oklahoma shall not exceed five thousand (5,000)

acre-feet provided that new conservation storage capacity in excess

of that amount may be constructed if specific project plans have

first been submitted to and have received the approval of the

Commission.

ARTICLE VII

A. The Commission shall determine the conditions under which

one state may construct and operate for its needs new conservation

storage capacity in the other state. The construction or

utilization of new conservation storage capacity by one state in the

other State shall entitle the state whose storage potential is

reduced by such construction to construct an equal amount of new

conservation storage in a subbasin agreeable to the Commission.

B. New conservation storage capacity constructed by the United

States or any of its agencies, instrumentalities or wards, or by a

state, political subdivision thereof, or any person or persons shall

be charged against the state in which the use is made.

C. Each state has the unrestricted right to replace within the

same subbasin any conservation storage capacity made unusable by any

cause.

D. In the event reallocation of storage capacity in the

Arkansas River Basin in Oklahoma should result in the reduction of

that state's new conservation storage capacity, such reallocation

shall not reduce the total new conservation storage capacities

available to Kansas under Article V; provided that a subsequent

reinstatement of such storage capacity shall not be charged as an

increase in Oklahoma's new conservation storage capacity.

ARTICLE VIII

A. In the event of importation of water to a major subbasin of

the Arkansas River Basin from another river basin, or from another

major subbasin within the same state, the state making the

importation shall have exclusive use of such imported waters.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 348

B. In the event of exporation of water from a major subbasin

for use in another major subbasin or for use outside the Arkansas

River Basin within the same state, the limitations of Articles V and

VI on new conservation capacity shall apply against the subbasin

from which the exportation is made in the amount of the storage

capacity actually used for that purpose within the exporting

subbasin, or in the event of direct diversion of water without

storage on the basis of five (5) acre-feet of conservation storage

capacity for each acre- foot of water on the average so diverted

annually.

C. Any reservoir storage capacity which is required for the

control and utilization of imported waters shall not be accounted as

new conservation storage.

D. Should a transbasin diversion of water of the Arkansas River

Basin be made in one state for the use and benefit of the other

state or both states, the Commission shall determine a proper

accounting of new conservation storage capacities in each state in

accordance with the above principles and with the project uses to be

made in that state.

ARTICLE IX

The States of Kansas and Oklahoma mutually agree to:

A. The principle of individual state effort to abate man-made

pollution within each state's respective borders, and the continuing

support of both states in an active pollution-abatement program;

B. The cooperation of the appropriate state agencies in Kansas

and Oklahoma to investigate and abate sources of alleged interstate

pollution within the Arkansas River Basin whenever such matters are

called to their attention by the Commission;

C. Enter into joint programs for the identification and control

of sources of natural pollution within the Arkansas River Basin

which the Commission finds are of interstate significance;

D. The principle that neither state may require the other to

provide water for the purpose of water-quality control as a

substitute for adequate waste treatment;

E. Utilize the provisions of the Federal Water Pollution

Control Act in the resolution of any pollution problems which cannot

be resolved within the provisions of this Compact.

ARTICLE X

A. There is hereby created an interstate administrative agency

to be known as the "Kansas-Oklahoma Arkansas River Commission". The

Commission shall be composed of three Commissioners representing

each of the States of Kansas and Oklahoma who shall be appointed by

the Governors of the respective states and, if designated by the

President, one Commissioner representing the United States. The

President is hereby requested to designate a Commissioner and an

alternate representing the United States. The Federal Commissioner,

if one be designated, shall be the presiding officer of the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 349

Commission, but shall not have the right to vote in any of the

deliberations of the Commission.

B. One Kansas Commissioner shall be the state official who now

or hereafter shall be responsible for administering water law in the

state; the other two Commissioners shall reside in the Arkansas

River basin in Kansas and shall be appointed to four-year staggered

terms.

C. One Oklahoma Commissioner shall be the state official who

now or hereafter shall be responsible for administering water law in

the state; the other two Commissioners shall reside in the Arkansas

River Basin in Oklahoma and shall be appointed to four-year

staggered terms.

D. A majority of the Commissioners of each state and the

Commissioner or his alternate representing the United States, if so

designated, must be present to constitute a quorum. In taking any

Commission action, each signatory state shall have a single vote

representing the majority opinion of the Commissioners of that

state.

E. The salaries and personal expenses of each Commissioner

shall be paid by the government which he represents. All other

expenses which are incurred by the Commission incident to the

administration of this Compact shall be borne equally by the two

states and shall be paid by the Commission out of the "Kansas-

Oklahoma Arkansas River Commission Fund". Such fund shall be

initiated and maintained by equal payments of each state into the

fund. Disbursements shall be made from said fund in such manner as

may be authorized by the Commission. Such funds shall not be subject

to the audit and accounting procedures of the states; however, all

receipts and disbursements of funds handled by the Commission shall

be audited by a qualified independent public accountant at regular

intervals, and the report of such audit shall be included in and

become a part of the annual report of the Commission.

ARTICLE XI

A. The Commission shall have the power to:

(1) Employ such engineering, legal, clerical and other personnel

as in its judgment may be necessary for the performance of its

functions under the Compact;

(2) Enter into contracts with appropriate state or federal

agencies for the collection, correlation, and presentation of

factual data, for the maintenance of records, and for the

preparation of reports;

(3) Establish and maintain an office for the conduct of its

affairs;

(4) Adopt rules and regulations governing its operations;

(5) Cooperate with federal agencies in developing principles,

consistent with the provisions of this Compact and with federal

policy, for the storage and release of water from all-federal

Oklahoma Statutes - Title 82. Waters and Water Rights Page 350

capacities of federal reservoirs, both existing and future within

the Arkansas River Basin, for the purpose of assuring their

operation in the best interests of the states and the United States;

(6) Permit either state, with the consent of the proper operating

agency, to impound water, for such periods of time deemed necessary

or desirable by the Commission, in available reservoir storage

capacity which is not designated as conservation or new conservation

storage capacity for subsequent release and use for any purpose

approved by the Commission;

(7) Hold bearings and take testimony and receive evidence at

such times and places as it deems necessary;

(8) Secure from the head of any department or agency of the

federal or state government such information, suggestions, estimates

and statistics as it may need or believe to be useful for carrying

out its functions and as may be available to or procurable by the

department or agency to which the request is addressed;

(9) Print or otherwise reproduce and distribute all of its

proceedings and reports.

B. The Commission shall:

(1) Cause to be established, maintained and operated such

stream, reservoir, or other gaging stations as may be necessary for

the proper administration of the Compact;

(2) Collect, analyze and report on data as to stream flows,

water quality, conservation storage, and such other information as

is necessary for the proper administration of the Compact;

(3) Perform all other functions required of it by the Compact

and do all things necessary, proper or convenient in the performance

of its duties thereunder;

(4) Prepare and submit an annual report to the Governor of each

signatory state and to the President of the United States covering

the activities of the Commission for the preceding fiscal year,

together with an accounting of all funds received and expended by it

in the conduct of its work;

(5) Prepare and submit to the Governor of each of the States of

Kansas and Oklahoma an annual budget covering the anticipated

expenses of the Commission for the following fiscal year;

(6) Make available to the Governor or any state agency of either

state or to any authorized representative of the United States, upon

request, any information within its possession.

ARTICLE XII

A. Recognizing the present limited uses of the available water

supplies of the Arkansas River Basin in the two states and the

uncertainties of their ultimate water needs, the States of Kansas

and Oklahoma deem it imprudent and inadvisable to attempt at this

time to make final allocations of the new conservation storage

capacity which may ultimately be required in either state, and, by

the limitations on storage capacity imposed herein, have not

Oklahoma Statutes - Title 82. Waters and Water Rights Page 351

attempted to do so. Accordingly, after the expiration of 25 years

following the effective date of this Compact, the Commission may

review any provisions of the Compact for the purpose of amending or

supplementing the same, and shall meet for the consideration of such

review on the request of the Commissioners of either state;

provided, that the provisions hereof shall remain in full force and

effect until changed or amended by unanimous action of the states

acting through their Commissioners and until such changes are

ratified by the legislatures of the respective States and consented

to by the Congress in the same manner as this Compact is required to

be ratified to become effective.

B. This Compact may be terminated at any time by the

appropriate action of the legislatures of both signatory states.

C. In the event of amendment or termination of the Compact, all

rights established under the Compact shall continue unimpaired.

ARTICLE XIII

Nothing in this Compact shall be deemed:

A. To impair or affect the powers, rights or obligations of the

United States, or those claiming under its authority, in, over and

to the waters of the Arkansas River Basin;

B. To interfere with or impair the right or power of either

signatory state to regulate within its boundaries the appropriation,

use and control of waters within that state not inconsistent with

its obligations under this Compact.

ARTICLE XIV

If any part or application of this Compact should be declared

invalid by a court of competent jurisdiction, all other provisions

and applications of this Compact shall remain in full force and

effect.

ARTICLE XV

This Compact shall become binding and obligatory when it shall

have been ratified by the legislatures of each state and consented

to by the Congress of the United States, and when the Congressional

Act consenting to this Compact includes the consent of Congress to

name and join the United States as a party in any litigation in the

United States Supreme Court, if the United States is an

indispensable party, and if the litigation arises out of this

Compact or its application, and if a signatory State is a party

thereto. Notice of ratification by the legislature of each state

shall be given by the Governor of that state to the Governor of the

other state and to the President of the United States and the

President is hereby requested to give notice to the Governor of each

state of consent by the Congress of the United States.

In Witness Whereof, the authorized representatives have executed

three counterparts hereof each of which shall be and constitute an

original, one of which shall be deposited in the Archives of the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 352

Department of State of the United States, and one of which shall be

forwarded to the Governor of each state.

DONE at the City of Wichita, State of Kansas, this 31st day of

March, A.D., 1965.

Approved:

/s/ TRIGG TWICHELL

Trigg Twichell

Representative of the

United States of America

Attest:

/s/ I. D. YOST

I. D. Yost, Secretary

Approved June 2, 1965.

For Kansas:

/s/ ROBERT L. SMITH

Robert L. Smith,

Committee Member

/s/ WARDEN L. NOE

Warden L. Noe,

Committee Member

For Oklahoma:

/s/ GEO. R. BENZ

Geo. R. Benz,

Committee Member

/s/ FRANK RAAB

Frank Raab,

Committee Member
Okla. Stat. tit. 82, § 82-110.4 — OK Code / Title 82 / Section 82-110.4
Dams subject to regulation under this act
Status: in_force

Oklahoma Statutes - Title 82. Waters and Water Rights Page 36

A. Dams, together with appurtenant works, which meet the

following alternative criterion are subject to the provisions of

this act and rules promulgated by the Oklahoma Water Resources Board

pursuant to this act:

1. Dams which are or will be twenty-five feet (25') or more in

height measured from the natural stream channel to the top of the

dam; or

2. Dams which have or will have an impounding capacity of fifty

(50) acre-feet or more;

provided, that any barrier to the flow of water which does or may

impound water and which is or will be six feet (6') or less in

height, regardless of storage capacity, or which has or will have a

storage capacity of fifteen (15) acre-feet or less, regardless of

height, shall not be subject to regulation under this act unless it

is determined to have a high hazard potential classification as

established by the Board.

B. No barrier to the flow of water determined by the Board to

be designated primarily for roadfill shall be subject to regulation

under this act.

C. Gully plugs are not subject to regulation under this act.

D. Dams constructed by any agency of the United States

Government shall not be subject to regulation under this act during

or after construction while such dams remain under the supervision

of any officer or agency of the United States.
Okla. Stat. tit. 82, § 82-1085.33 — OK Code / Title 82 / Section 82-1085.33
Water Resources Fund
Status: in_force

There is hereby created in the State Treasury a Water Resources

Fund, which fund shall be used by the Board for those purposes

stated in Sections 1085.31 through 1085.39 of this title. Toprovide

necessary funds, the Board is hereby authorized to issue by public

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

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

necessary to meet the anticipated needs for the funding of properly

approved projects. The Board is authorized to provide for the

payment of such investment certificates and the rights of the

holders thereof, as hereinafter provided. Said investment

certificates shall be awarded to the lowest and best bidder based

upon open competitive public offering, advertised at least once a

week for two (2) successive weeks in a newspaper in general

circulation in Oklahoma County, Oklahoma, prior to the date on which

bids are received and opened, except, on issues with the approval of

three-fourths (3/4) of the membership of the Board, competitive

bidding may be waived. No investment certificates shall be sold for

Oklahoma Statutes - Title 82. Waters and Water Rights Page 229

less than par value, except upon approval of three-fourths (3/4) of

the membership of the Board. Provided, however, in no event shall

any investment certificates be sold at a discount in excess of four

percent (4%), which shall include any fees, discounts and any other

remuneration received directly or indirectly by the purchaser. Said

investment certificates may be issued in one or more series; may

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

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

or denominations; may be in such form may carry such registration or

conversion privileges; may be executed in such manner; may be

payable in such medium of payments, at such place or places; may be

subject to such term of redemption, with or without premium; and may

bear such rate or rates of interest not to exceed fifteen percent

(15%) as may be provided by resolution or resolutions to be adopted

by the Board. Such investment certificates shall have all of the

qualities and incidents of negotiable paper, and shall not be

subject to taxation by the state, or by any county, municipality or

political subdivision therein. The Board is hereby authorized to

defease, call and redeem all or any portion of any investment

certificates issued hereunder, the detailed provisions for such

defeasance, call and redemption to be fixed by the Board in the

resolution or resolutions authorizing such defeasance, call and

redemption.

Obligations issued under the provisions of this section are

hereby made securities in which all public officers and public

bodies of the state, all insurance companies, trust companies,

banking associations, investment companies, executors,

administrators, trustees and other fiduciaries may legally invest

funds, including capital in their control or belonging to them. The

obligations are hereby made securities which may legally be

deposited with and received by any public body of the state for any

purpose for which the deposit of obligations of the state is now or

may hereafter be authorized by law, and are hereby declared to be

securities classified under Section 516.3 of Title 62 of the

Oklahoma Statutes, and are authorized to be evidenced by a joint-

custody receipt.

The investment certificates issued pursuant to the provisions of

this section shall not be an indebtedness of the state or general

obligations of the Board, but shall be special obligations payable

solely from the revenues to be derived from the project or such

other revenues as may be pledged by the applicant for such purposes,

and the Board is authorized and directed to pledge all or any part

of such revenues to the payment of principal and interest on the

investment certificates and to create a reserve. Such pledge shall

be valid and binding from the time the pledge is made. The revenues

so pledged and thereafter received by the Board shall immediately be

subject to the lien of such pledge without any physical delivery,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 230

filing or further act. The lien of such pledge shall be valid and

binding against all parties having claims of any kind in tort,

contract or otherwise against the Board arising from the bond

proceedings irrespective of whether these parties have notice

thereof.
Okla. Stat. tit. 82, § 82-1086.6 — OK Code / Title 82 / Section 82-1086.6
Grand River Dam Authority - Exemption
Status: in_force

The dams, water and land under the jurisdiction and ownership of

the Grand River Dam Authority are hereby specifically exempt from

the provision of this act.
Okla. Stat. tit. 82, § 82-1278 — OK Code / Title 82 / Section 82-1278
Dissolution of district
Status: in_force

A regional water district may be dissolved by the district court

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

property of the district is located upon application for that

purpose filed by a majority of the members of the board of directors

of such district. The application or petition shall be in writing

and shall set forth either that the purpose or purposes for which

the district was created have not been achieved and that there is

little likelihood that such purpose or purposes will be achieved

within the next three (3) years, or that no plan for achieving the

purpose or purposes has been prepared and that there is little

likelihood that such a plan will be prepared within the next three

(3) years, or both, and request a hearing on such application or

petition be set. The application must be signed by a majority of

members of the board of directors. Said application or petition

shall be filed with the clerk of the district court.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 307

If the judge of the district court is satisfied that the

application or petition conforms to the provisions of this section,

he shall order the clerk of said court to give notice by publication

of the pendency of the application or petition, setting the time and

place of the hearing thereon. Said notice shall be given in each

county affected by the district. The time of hearing shall not be

less than sixty (60) days from the date of the first publication.

Any person affected by the proposed dissolution of said district who

desires to object to the dissolution of said district shall, before

the date set for the application to be heard, file his objections

and state the reasons why such district should not be dissolved.

Upon said hearing, if the court finds from the evidence

presented that the application has been signed by a majority of the

members of the board of directors and that the purpose or purposes

for which the district was created has not been achieved and that

there is little likelihood that such purpose or purposes will be

achieved within the next three (3) years, or that no plan for

achieving the purpose or purposes has been prepared and that there

is little likelihood that such a plan will be prepared within the

next three (3) years, or both, the court shall enter an order

directing said district to be dissolved and its lands or other

property released.

Upon such order, the directors shall immediately notify all

persons having claims against the district of such action and shall

adjust, settle, and pay all claims, and dispose of all property of

the district.

After all the property of the district has been disposed of and

all of its obligations have been paid, the directors of the district

shall file an affidavit with the clerk of the district court. The

affidavit shall state that the district has disposed of its

property, has paid all of its obligations and shall describe the

lands or property to be released from the district. The court shall

then declare said district dissolved and its lands and property

released.

The board of directors of the district shall then file a

certificate of dissolution in the office of the county clerk of each

county in which the district is located. The certificate shall

state that the district has disposed of its property, has paid all

of its obligations, has been dissolved and shall describe the lands

or other property released from the district.
Okla. Stat. tit. 82, § 82-277.1 — OK Code / Title 82 / Section 82-277.1
Definitions
Status: in_force

As used in the Oklahoma Irrigation District Act:

1. "District" means an irrigation district, organized under the

laws of this state, including but not limited to those which have a

contract with this state or the United States Government, or

agencies thereof, under the reclamation laws for the construction,

maintenance and operation of an irrigation system;

2. "Board" means the board of directors of an irrigation

district;

3. "Director" means a director of an irrigation district;

4. "Assessments" means any annual or special fee imposed by an

irrigation district for the payment of organization, maintenance,

operating and current expenses, water charges, cost of construction

or improvements, emergency repairs and any other lawful expenditure

authorized by the directors or the electors;

5. "Elector" means any person who is of legal voting age and is

the owner in fee or the owner of a life estate in at least ten (10)

acres or an undivided interest equaling ten (10) acres of irrigable

land within said district or proposed district, or any trustee for a

beneficiary or guardian of any ward who owns either in fee or a life

estate in at least ten (10) acres of irrigable land; or an executor,

administrator or trustee of any estate owning at least ten (10)

acres of irrigable land in said district or proposed district. The

owner of any remainder of any land subject to a life estate shall

not be an elector;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 41

6. "Irrigable land" means that land which is principally used

for the cultivation of crops or the raising and feeding of livestock

where value or use can be enhanced by watering through irrigation

channels or systems;

7. "Reclassification" means the process of including or

excluding land within the boundaries of an irrigation district; and

8. "Transfer" means the process of substituting land which is

assessed for other land within or immediately adjacent to the

boundaries of an irrigation district.
Okla. Stat. tit. 82, § 82-1085.38 — OK Code / Title 82 / Section 82-1085.38
Assumption of obligations of Water Conservation
Status: in_force

Storage Commission.

As of the effective date of this act, all existing obligations

of the Oklahoma Water Conservation Storage Commission shall be

assumed by the Oklahoma Water Resources Board.
Okla. Stat. tit. 82, § 82-1088.14 — OK Code / Title 82 / Section 82-1088.14
Water for 2060 Advisory Council
Status: in_force

A. There is hereby created an advisory council to be known as

the "Water for 2060 Advisory Council".

B. The Advisory Council shall consist of fifteen (15) members

as follows:

1. The Executive Director of the Oklahoma Water Resources

Board;

2. Four members appointed by the Governor who shall be well

versed in municipal, rural residential, and agriculture water uses,

as well as water-efficiency practices and technologies;

3. Five members, with one member being from each of the

congressional districts, appointed by the Speaker of the Oklahoma

House of Representatives, who shall be well versed in recreation,

industrial, oil and gas, and irrigation water uses, as well as water

and wastewater reuse practices and technologies; and

4. Five members, with one member being from each of the

congressional districts, appointed by the President Pro Tempore of

the Oklahoma State Senate, who shall be well versed in soil

conservation, small business, and environmental water interests, as

well as marginal quality and brackish water use practices and

technologies.

C. Appointed members shall serve at the pleasure of their

respective appointing authority.

D. The Executive Director of the Oklahoma Water Resources Board

shall serve as chair of the Advisory Council, with other officers

selected by the Advisory Council as it deems necessary. Meetings of

the Advisory Council shall be held at the call of the chair. A

majority of the members of the Advisory Council shall constitute a

quorum to transact business, but no vacancy shall impair the right

of the remaining members to exercise all of the powers of the

Advisory Council. A vacancy on the Advisory Council shall be filled

by the original appointing authority. Staff support for the

Advisory Council shall be provided by the staff of the Oklahoma

Water Resources Board. Other state agencies shall provide support

and information as requested by the Advisory Council.

E. The Advisory Council shall have the following duties and

responsibilities:

Oklahoma Statutes - Title 82. Waters and Water Rights Page 279

1. Recommend incentives to encourage improved irrigation and

farming techniques, more efficient infrastructure, use of water

recycling/reuse systems, promotion of "smart" irrigation techniques,

control of invasive species, artificial recharge of aquifers, and

increased use of marginal quality and brackish waters;

2. Make recommendations regarding the expansion of education

programs that modify and improve consumer water-use habits; and

3. Enhance existing, or develop new, financial assistance

programs that encourage Oklahoma water systems to implement leak

detection and repair programs that result in reduced loss and waste

of water, as well as encourage consolidation and regionalization of

smaller systems in order to utilize limited resources most

efficiently.

F. The Advisory Council shall submit a final report of its

findings and recommendations to the Governor, Speaker of the House

of Representatives, and President Pro Tempore of the Senate no later

than three (3) years following the effective date of this act.

G. Activities of the Advisory Council shall terminate no later

than December 31, 2015.
Okla. Stat. tit. 82, § 82-1324.26 — OK Code / Title 82 / Section 82-1324.26
Enlargement of purposes and powers - Procedure
Status: in_force

Any district created for one of the authorized purposes of this

act may enlarge its purposes and powers by following the procedure

set forth herein:

The board of directors of the district shall adopt a resolution

to enlarge the purposes and powers of the district and the

resolution shall specifically state such additional purposes and

powers. The district shall file a petition for enlargement of the

purposes and powers of the district with the county clerk and a

certified copy of the resolution for enlargement shall be attached

to the petition. The county clerk shall thereupon give notice to the

board of county commissioners of the filing of said petition and the

board of county commissioners shall forthwith enter its order

setting a public hearing upon said petition for a day certain and

directing the county clerk to give notice of said hearing by legal

publication in the manner described by Section 1324.5 of this title.

Such notice shall contain a brief and concise statement describing

the purpose of the hearing and the time and place set for the

hearing and consideration of the petition. It shall be the duty of

the board of county commissioners to determine:

1. whether proper notice of the hearing has been given; and

2. whether the enlargement of the purposes and powers of the

district is necessary to provide an adequate water supply, sewer

facilities, gas distribution facilities or solid waste management

system to serve rural residents of the district.

If, upon such consideration, it shall be found that the purposes

and powers of the district should be enlarged, the board of county

commissioners shall enter upon its records, full minutes of such

hearing, together with its order enlarging the purposes and powers

of the district. Such order shall also change the name of the

district to disclose the purposes of the district, and the name of

Oklahoma Statutes - Title 82. Waters and Water Rights Page 334

the district shall be indicated in the manner set forth in Section

1324.6 of this title.
Okla. Stat. tit. 82, § 82-564 — OK Code / Title 82 / Section 82-564
Secretary and other employees or staff
Status: in_force

The secretary shall be the custodian of the records of the

district and of its corporate seal and shall assist the board in

particulars as it may direct in the performance of its duties. It

shall be the duty of the secretary to attest, under the corporate

seal of the district, all certified copies of the official records

and files of the district that may be required of the secretary by

the provisions of this act, or by any person ordering the same and

paying the reasonable cost of transcription and any portion of the

record so certified and attested shall be prima facie evidence of

the facts contained in the record. The secretary shall serve also

as treasurer of the district, unless a treasurer is otherwise

provided for by the board. The board may also employ a district

manager and any engineers, attorneys or other staff as may be useful

and necessary. The board may provide for compensation of employees

of the board, which, with all other necessary expenditures, shall be

taken as a part of the cost of the improvement. The employment of

persons or entities by the district shall be evidenced by agreements

in writing which shall specify the amounts or rates to be paid for

their services. The district manager shall be superintendent of all

the works and improvements, and shall make a full report to the

board each year, or more often if required by the board, and may

make suggestions and recommendations to the board as the manager may

deem proper.
Okla. Stat. tit. 82, § 82-1114 — OK Code / Title 82 / Section 82-1114
Bond of secretary - Deposit of funds - Disbursements
Status: in_force

Before receiving any monies, the secretary of a port authority

created in accordance with Section 1102 of this title shall furnish

Oklahoma Statutes - Title 82. Waters and Water Rights Page 289

bond in such amount as shall be determined by the port authority,

with sureties satisfactory to it, and all funds coming into the

hands of said secretary shall be deposited by the secretary to the

account of the port authority in one or more such depositories as

shall be qualified to receive deposits of state or county funds,

which deposits shall be secured in the same manner as county funds

are required to be secured. No disbursements shall be made from

such funds except in accordance with rules adopted by the port

authority. Such rules, adopted in accordance with the provisions of

the Administrative Procedures Act, shall require substantially the

same financial accounting procedures as required by the State

Treasurer for state funds under control of the Office of State

Treasurer.
Okla. Stat. tit. 82, § 82-866 — OK Code / Title 82 / Section 82-866
Domicile of district - Accounts and records - Contracts -
Status: in_force

Annual audit - Filing - Public inspection.

The domicile of the district shall be in the County of Mayes,

where the district shall maintain its principal office in charge of

its Chief Executive Officer, until otherwise designated by the

affirmative vote of four directors. The district shall cause to be

Oklahoma Statutes - Title 82. Waters and Water Rights Page 152

kept complete and accurate accounts conforming to any generally

accepted accounting principles. The accounts and all contracts,

documents and records of the district shall be kept at the principal

office. The accounts and contracts shall be open to public

inspection at all reasonable times. The Board shall cause to be

made and completed within ninety (90) days after the end of each

calendar year an audit of the books of account and financial records

of the district for such calendar year, such audit to be made by an

independent certified public accountant or firm of certified public

accountants. Electronic copies of the audit report, certified to by

the accountant or accountants, shall be placed and kept on file with

the Governor, the State Treasurer, Oklahoma Department of Libraries

and the State Auditor and Inspector, and at the principal office,

and shall be open to public inspection at all reasonable times. The

audit shall also be filed with the Director of the Office of

Management and Enterprise Services, in accordance with the

requirements set forth for financial statement audits in Section

212A of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 82, § 82-277.2 — OK Code / Title 82 / Section 82-277.2
Proposal by titleholders to organize irrigation
Status: in_force

district.

If a minimum of ten or a majority of the holders of title to

irrigable lands from a common source or combined sources and by the

same system or combined systems of works, desire to provide for the

irrigation of such irrigable lands, the holders may propose the

organization of an irrigation district by petition pursuant to the

Oklahoma Irrigation District Act.
Okla. Stat. tit. 82, § 82-1602 — OK Code / Title 82 / Section 82-1602
Purpose of act
Status: in_force

A. The State of Oklahoma recognizes the personal hardships and

economic distress caused by flood disasters; in particular, the loss

of life from floods, the physical and emotional impact of flooding

on individuals and communities, public and private property damage

and disruption, the increased cost for disaster relief and the need

for preservation and restoration of the natural resources and

functions of floodplains. Oklahoma also recognizes that it has

become uneconomical for the private insurance industry alone to make

flood insurance available to those in need of such protection on

reasonable terms and conditions. Recognizing these problems,

Congress enacted the National Flood Insurance Act of 1968, which,

among other things, requires the development of a unified national

program for floodplain management which sets out a framework for

national goals towards which agencies at all levels of government

and in the private sector can work each within its own mission and

role.

B. The purpose of the Oklahoma Floodplain Management Act

pursuant to the most current version of a unified program for

floodplain management is to:

1. Protect the natural and beneficial functions of the

floodplain, to reduce damage and disruption to property from floods,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 391

to reduce costs of disaster relief and to reduce injury and loss of

life from floods;

2. Assist state agencies, local governments and the private

sector in developing local floodplain management programs and in

obtaining training and funding therefor; and

3. Procure flood insurance for those citizens that desire to

participate in this federal program.
Okla. Stat. tit. 82, § 82-1085.30v2 — OK Code / Title 82 / Section 82-1085.30v2
Renumbered as § 2-6-103.2 of Title 27A by Laws 2023,
Status: in_force

c. 164, § 4, eff. Nov. 1, 2023.
Okla. Stat. tit. 82, § 82-541 — OK Code / Title 82 / Section 82-541
Conservancy Districts - Master Conservancy Districts -
Status: in_force

Purpose - Board of Directors.

A. There is hereby authorized the formation of conservancy

districts within this state. Each such district shall be designated

as a "conservancy district" or "master conservancy district". Such

districts shall not be political corporations or subdivisions of the

state. All of the provisions of this chapter shall apply to all

such districts except insofar as special provisions shall be made

herein relating to master conservancy districts only. All

provisions of this chapter prescribing the contents of pleadings or

instruments and using the term "conservancy district" may be

modified to use the term "master conservancy district", when the

same shall be applicable. Provided that in the event a master

conservancy district is organized, the obligation including the area

of a conservancy district shall become the obligation of the master

conservancy district to the extent such obligations relate to water

resources development and control.

B. 1. The district court of any judicial district in this

state, or any judge thereof when said court is in vacation, is

vested with jurisdiction, power and authority, when the conditions

stated in Section 542 of this title are found to exist, to establish

conservancy districts, which may be entirely within, or partly

within and partly without, the judicial district in which said court

is located, for all or any of these purposes:

a. of preventing floods,

b. of regulating stream channels by changing, widening

and deepening same,

c. of reclaiming or of filling wet and overflowed land,

d. of providing for irrigation where it may be needed,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 71

e. of regulating the flow of streams,

f. of diverting or in whole or in part eliminating

watercourses, or part of the flowage thereof, or

g. of developing and providing water for domestic,

industrial and agricultural requirements, and to

persons within the territory of the district. This

also may include the construction, operation and

maintenance of storage, distribution, treatment,

supply and other works, installation, improvements and

facilities necessary or incidental thereto. Provided,

that no conservancy district shall construct, operate

or maintain distribution facilities within the limits

of any municipal corporation.

2. Incident to any purpose provided in this subsection, and to

further enable their accomplishment, a master conservancy district

may:

a. straighten, widen, deepen, divert or change the course

or terminus of any natural or artificial watercourse,

b. build or rebuild reservoirs, canals, levees, walls,

embankments, bridges, or dams,

c. maintain, operate and repair any of the construction

herein named, and

d. do all other things necessary for the fulfillment of

the purposes of this chapter.

C. Master conservancy districts may be created to include lands

constituting all or any part of the area of one or more conservancy

and/or irrigation districts and/or municipal corporations and/or

lands not included in any such area or areas. Provided, however,

that no conservancy district nor portion thereof shall be

incorporated into a master conservancy district without the consent

of at least fifty-one percent (51%) of the owners of land and by

owners of at least fifty-one percent (51%) of the land area embraced

in the conservancy district or that portion thereof to be

incorporated into a master conservancy district. In addition to any

or all of the purposes enumerated in subsection B of this section,

master conservancy districts may be created for any or all of the

following purposes:

1. To conduct preliminary surveys and to develop a plan for the

comprehensive control, regulation and/or use of water from any

designated stream, watercourse or watercourse system and/or its

basin;

2. To coordinate the operations, works and facilities of two or

more conservancy districts with each other and with improvements,

works, and facilities of the master conservancy district;

3. To enable the acquisition, construction and maintenance of

improvements and facilities for common benefit and/or use of

constituent areas;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 72

4. To permit two or more municipal corporations and/or

conservancy districts to pool their resources to effect any or all

of the foregoing; and

5. To enter into contracts with municipal corporations, persons

and public agencies for the furnishing to them of water, subject,

however, to the proviso in subparagraph g of paragraph 1 of

subsection B of this section.

D. 1. Immediately following organization of a master

conservancy district, the first board of directors shall be

appointed by the district judge and shall consist of such number of

persons as the district judge shall designate to provide equitable

representation for the component areas and/or for users contracting

for a substantial service from the district, and said directors

shall serve until their successors have been selected and qualified.

At the first meeting the directors shall elect a president, vice-

president, secretary and treasurer from their number, and shall

adopt bylaws for the governing of the business of the district,

subject to approval by the district judge, and attend to such other

business as may come before said board. The president shall be the

chief executive officer of the district, shall preside at the

meetings of the board and shall perform all other functions which

are necessary and proper for carrying out the provisions of this

act, subject to approval of the board. The vice-president shall act

as president whenever the president is absent, or otherwise

incapacitated, or fails to act. The secretary shall be custodian of

the district seal, attest to the signature of the president when law

requires that it be attested to and shall be charged with the duty

of keeping accurate and detailed minutes of meetings of the board.

The treasurer shall be custodian of all monies, funds and credits of

the district and shall keep the books and records of the district in

proper form.

2. All officers and employees handling funds of a master

conservancy district shall be bonded in a penal sum of not less than

Twenty-five Thousand Dollars ($25,000.00), such bond to be a

corporate surety bond approved by the judge of the district court

establishing the district, for the faithful performance of their

duties. The bond premiums shall be paid by the district and

benefits accrue to said district.

3. All officers and employees shall execute the customary oath

of office, which shall be filed with the secretary of the district.

4. Within two (2) years after the first board of directors has

been appointed by the district judge, the district judge shall

appoint members to the board as hereinafter provided and fix the

total number of such directors for equitable representation.

Provided, however, each component area, including municipal

corporations, cities, towns, irrigation districts, and users

Oklahoma Statutes - Title 82. Waters and Water Rights Page 73

contracting for a substantial service from the district may elect

their respective representation to the board of directors.

5. Each component area, including municipal corporations,

cities, towns, irrigation districts, and users contracting for a

substantial service from the district shall be entitled to

representation on the board of directors, in accordance with the

ratio which their individual, actual and contingent water storage

for which it has contractual obligations to the master conservancy

district bears to the total water storage for which there are

contractual obligations with said district. In fixing the number of

directors to represent a master conservancy district, each component

area or user contracting for a substantial service from the district

shall be entitled to at least one director, but no such area or user

shall be entitled to more than three directors. The total number of

directors and the representation of each such area or user may be

changed by the district judge whenever a reallocation is considered

by said judge to be necessary for providing proper representation.

Provided, however, that if a master conservancy district has been

organized on or before January 5, 1957, under the provisions of this

title, which has as a part of its purpose the inclusion of a

proposed irrigation district or districts, each such proposed

district shall be entitled to one representative on the board of

directors of the master conservancy district for a period of five

(5) years from the effective date of this act; provided, however,

that if the proposed irrigation district or districts, as

hereinabove described, are not legally organized and have not

executed a contract for the repayment of the irrigation costs with

the master conservancy district within the aforementioned five-year

period, then said offices of directors representing the irrigation

interests shall be discontinued and shall have no further

representation on said board of directors; provided, further, that

if the proposed irrigation districts are organized and have

contracted with a master conservancy district under the laws of this

state, then said directors shall be elected or selected as provided

in this section pertaining to the second board of directors.

The governing body of each such area or user such as a municipal

corporation, city, town, irrigation district, conservation district,

and/or other user may select or cause to be elected the person or

persons to represent them on the board of directors of the master

conservancy district and shall submit the name or names of those

selected to the district judge who shall appoint said person or

persons to membership on the board of directors. Only a freeholder

who is a qualified elector of this state as provided by law and

residing within any county in which the district or any part thereof

is located shall be eligible to be a member of the board of

directors. A person who is a nonelected employee of a municipality

that is a component area or a user of a master conservancy district

Oklahoma Statutes - Title 82. Waters and Water Rights Page 74

shall not be eligible to be a member of the board of directors of

that district. Any person serving on a board of directors of a

master conservancy district as of the effective date of this act who

is not in compliance with the provisions of this paragraph shall be

allowed to serve the remainder of his or her term of office and

shall be eligible for reappointment or re-election to the board of

directors.

6. Vacancies occurring of unexpired terms of office on the

board of directors shall be filled through appointment by the

district judge upon the recommendations of the component area or

user authorized to make the original selection. The district judge

shall determine whether persons who have been recommended for

appointment hereunder are qualified as provided herein.

7. The board of directors first appointed, and those

subsequently appointed, or elected, are hereby authorized and

empowered to appoint a manager and such additional personnel as may

be necessary and proper for conducting the business of said

district; provided, however, that no employee of the district may be

a member of the board.

8. Upon expiration of the two-year term of office of directors

first appointed by the district judge, the next succeeding board of

directors shall be elected or appointed so that as nearly as

possible one-half (1/2) of their number shall serve a term of two

(2) years and the remainder for a term of four (4) years. The board

of directors shall meet and determine their respective term of

office by lot. Thereafter, at the expiration of their respective

term of office, directors shall be elected or appointed for a term

of four (4) years.

9. On the first Wednesday following each biennial election or

appointment of the members of the board of directors by the district

judge, as the case may be, they shall meet and organize as a board

and elect officers for service as provided above for the first

board.

10. The board of directors shall perform official actions by

resolution and a majority of their number shall constitute a quorum

for the transaction of any and all business of the district. All

official actions including final passage and enactment of all

resolutions must be approved by a majority of the board of directors

present, a quorum being present, at a regular or special meeting.

11. The board of directors shall hold regular meetings once a

month, the date thereof to be established in the district's bylaws

or by resolution. The president or any three members may call such

special meetings as may be necessary in the administration of the

district's business, provided that at least five (5) days prior to

the meeting date the secretary shall have mailed notice thereof to

the address which each member shall file with the secretary.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 75

Notices of special meetings may be waived in writing by any

director.

12. Each director shall be reimbursed for all necessary and

reasonable expenses incurred in the performance of his or her duties

pursuant to law, as provided for in the State Travel Reimbursement

Act. In addition to any reimbursement for necessary and reasonable

expenses received by the director pursuant to this paragraph, each

director shall be entitled to receive a per diem not to exceed One

Hundred Dollars ($100.00) per meeting for not more than two meetings

a month.
Okla. Stat. tit. 82, § 82-1085.55 — OK Code / Title 82 / Section 82-1085.55
Powers and duties of Board - Cost-effective analyses
Status: in_force

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

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

1. Prepare and maintain the priority list for all water

quality projects. In developing the priority list, the Board shall

rely on input from the Department of Environmental Quality and the

Conservation Commission;

2. Review and assess the planning and preliminary financial

documents for and cost effectiveness of water quality projects on

the priority list;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 244

3. Determine water quality project feasibility and the

entities' eligibility to receive funding from the Clean Water State

Revolving Fund Loan Account;

4. Perform the environmental review and make the appropriate

environmental determinations in accordance with the environmental

review process approved by the Environmental Protection Agency;

5. Provide oversight and technical assistance during the

planning, design, and construction phase of the water quality

project for which the entity is applying for such loan; and

6. Be the instrumentality to make application to the

Environmental Protection Agency for the capitalization grant which

is to be placed in the Clean Water State Revolving Fund Loan

Account.

B. In determining the cost effectiveness of any water quality

project, the Board shall require the preparation of a cost effective

analysis of feasible alternatives capable of meeting state and

federal water quality and public health requirements. The

alternative selected shall be the most economical means of meeting

applicable state and federal effluent and water quality or public

health requirements over the useful life of the water quality

project while recognizing environmental and other nonmonetary

considerations determined to be relevant by the Board.
Okla. Stat. tit. 82, § 82-864.1 — OK Code / Title 82 / Section 82-864.1
Retired employees - Payment of health insurance
Status: in_force

premiums.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 151

Except as otherwise provided for in this section, for the life

of a retired employee, the Grand River Dam Authority shall pay not

less than Sixty Dollars ($60.00) of its retired member’s, employee

only, health insurance premiums as long as the retiree elects to

continue participation in one of the plans offered by the State and

Education Employees Group Insurance Board. Such payment made by the

Grand River Dam Authority shall be in addition to any amount

contributed by the Oklahoma Public Employees Retirement System

pursuant to Section 1316.2 of Title 74 of the Oklahoma Statutes. At

its discretion, the Board of Directors of the Grand River Dam

Authority may elect to pay more than Sixty Dollars ($60.00) toward

the health insurance premium of a retired employee.

If the sum of the amount paid by the Grand River Dam Authority

plus the medical supplement paid by the Oklahoma Public Employees

Retirement System pursuant to Section 1316.2 of Title 74 of the

Oklahoma Statutes exceeds the amount of the retired member’s,

employee only, health insurance premium, the Authority may reduce

the amount it contributes.
Okla. Stat. tit. 82, § 82-1614 — OK Code / Title 82 / Section 82-1614
Business needs to be considered in promulgating
Status: in_force

floodplain rules and preparing floodplain regulations.

Oklahoma Statutes - Title 82. Waters and Water Rights Page 398

The Oklahoma Water Resources Board in promulgating rules

pursuant to the Oklahoma Floodplain Management Act and floodplain

boards in preparing floodplain management regulations shall give due

consideration to the needs of an industry, including agriculture,

whose business requires that it be located within a floodplain.
Okla. Stat. tit. 82, § 82-1324.43 — OK Code / Title 82 / Section 82-1324.43
Statement and information provided by acquiring party
Status: in_force

- Type of acquiring party - Amendment of statement.

A. The statement to be filed with the Oklahoma Water Resources

Board as required by Section 6 of this act shall be made under oath

or affirmation and shall contain the following information:

1. The name and address of each acquiring party and all

affiliates thereof:

a. if such acquiring party is an individual, his

principal occupation and all offices and positions

held during the past five (5) years, and any

conviction of crimes other than minor traffic

violations during the past ten (10) years, or

b. if such acquiring party is not an individual, a report

of the nature of its business and its affiliates'

operations during the past five (5) years or for such

lesser period as such acquiring party and any

predecessors thereof shall have been in existence, an

informative description of the business intended to be

done by such acquiring party and its subsidiaries, and

a list of all individuals who are or who have been

selected to become directors or officers of such

acquiring party or who perform or will perform

functions appropriate or similar to such position.

Such list shall include for each such individual the

information required by subparagraph a of this

paragraph;

Oklahoma Statutes - Title 82. Waters and Water Rights Page 340

2. The source, nature and amount of the consideration used or

to be used in effecting the acquisition of control, a detailed

description of any transaction wherein funds were or are to be

obtained for any such purpose, and the identity of persons

furnishing such consideration; provided, however, that where a

source of such consideration is a loan made in the lender's ordinary

course of business, the identity of the lender shall remain

confidential, if the person filing such statement so requests;

3. Audited financial information in a form acceptable to the

Board as to the financial condition of an acquiring party for the

preceding three (3) fiscal years of each such acquiring party, or

for such lesser period as such acquiring party and any predecessors

thereof shall have been in existence, and similar information as of

a date not earlier than one hundred thirty-five (135) days prior to

the filing of the statement;

4. Any plans or proposals which an acquiring party may have to

liquidate such district or corporation, to sell its assets or a

substantial part thereof, or merge or consolidate it with any

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

policy, business or corporate structure, or management. If any

change is contemplated in the investment policy, or business or

corporate structure, such contemplated changes and the rationale

therefor shall be explained in detail. If any changes in the

management of the district or corporation are contemplated, the

acquiring party shall provide a resume of the qualifications and the

names and addresses of the individuals who have been selected or are

being considered to replace the then current management personnel of

the district or corporation;

5. Copies of all offers for, exchange offers for, and

agreements to acquire or exchange, any assets and, if distributed,

additional soliciting material relating thereto;

6. Documentation from any and all mortgagors which hold a

mortgage on any plant or equipment of such district or corporation

setting forth such mortgagors' approval of such proposed acquisition

of control; and

7. Such additional information as the Board may by rule

prescribe as necessary or appropriate for the protection of

ratepayers of the district or corporation or in the public interest.

B. If a person required to file the statement referred to in

Section 6 of this act is a partnership, limited partnership,

syndicate or other group, the Board may require that the information

called for in paragraphs 1 through 7 of subsection A of this section

shall be given with respect to each partner of such partnership or

limited partnership, each member of such syndicate or group and each

person who controls such partner or member. If any such partner,

member, person or acquiring party is a corporation or if a person

required to file the statement referred to in Section 6 of this act

Oklahoma Statutes - Title 82. Waters and Water Rights Page 341

is a corporation, the Board may require that the information called

for by paragraphs 1 through 7 of subsection A of this section be

given, with respect to such corporation, to each officer and

director of such corporation.

C. If any material change occurs in the facts set forth in the

statement filed with the Board and sent to such district or

corporation pursuant to this act, an amendment setting forth such

change, together with copies of all documents and other material

relevant to such change, shall be filed with the Board and sent by

the person filing the statement to the district or corporation

within two (2) business days after such person learns of such

change.