ON THE PETITION, THE BOARD OF COUNTY COMMISSIONERS MUST DETERMINE WHETHER A RURAL WATER DISTRICT SHOULD BE CREATED. IN MAKING THIS DETERMINATION, THE BOARD MUST CONSIDER A NUMBER OF FACTORS, INCLUDING (1) WHETHER THE CONSTRUCTION, INSTALLATION, IMPROVEMENT OF MAINTENANCE AND OPERATION OF WATER WORKS IS NECESSARY TO PROVIDE AN ADEQUATE WATER SUPPLY; AND (2) WHETHER SUCH IMPROVEMENTS WILL BE CONDUCIVE TO AND WILL TEND TO PROMOTE THE PUBLIC HEALTH, CONVENIENCE AND WELFARE. 82 O.S. 1324.6 (1991). IF THE BOARD DETERMINES THAT SUCH A DISTRICT SHOULD BE ESTABLISHED, THEN:
"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 SOLID WASTE MANAGEMENT DISTRICT NO. __, COUNTY, OKLA. AND CORPORATE AND AN AGENCY AND LEGALLY CONSTITUTED AUTHORITY OF THE STATE OF OKLAHOMA FOR THE PUBLIC PURPOSES SET FORTH IN THE ACT. (EMPHASIS ADDED)." 82 O.S. 1324.6(6) (1991).
ONCE IT IS ESTABLISHED, A DISTRICT SHALL BE A BODY POLITIC SPECIFIC POWERS NECESSARY TO CONSTRUCT, INSTALL, IMPROVE, MAINTAIN AND OPERATE FACILITIES NECESSARY FOR THE PROVISION OF WATER TO RURAL AREAS. SEE 82 O.S. 1324.10
IN ORDER TO ANSWER YOUR QUESTION, ONE MUST DETERMINE WHETHER RURAL WATER DISTRICTS CONSTITUTE "PUBLIC BODIES" AS THAT PHRASE IS DEFINED IN THE OKLAHOMA OPEN MEETING ACT. IN MAKING THIS DETERMINATION, THE PARAMOUNT CONSIDERATION IS THE PURPOSE OF THE OPEN MEETING ACT. SECTION 302 OF THE ACT STATES THAT ITS PURPOSE IS TO "ENCOURAGE AND FACILITATE AN INFORMED CITIZENRY'S UNDERSTANDING OF THE GOVERNMENTAL PROCESSES AND GOVERNMENTAL PROBLEMS". IN LIGHT- OF THAT STATEMENT OF LEGISLATIVE POLICY, COURTS HAVE HELD THAT THE OPEN MEETING ACT IS TO BE LIBERALLY CONSTRUED TO FURTHER ITS PURPOSES. SEE E.G. ROGERS V. EXCISE BOARD OF GREER COUNTY, 701 P.2D 754 (OKLA. 1984).
AS TO YOUR SPECIFIC QUESTION, A NUMBER OF FACTORS INDICATE THAT RURAL WATER DISTRICTS ESTABLISHED PURSUANT TO THE RURAL WATER DISTRICTS ACT ARE "PUBLIC BODIES" AS THAT TERM IS USED IN THE OPEN MEETING ACT. MOST IMPORTANTLY, AS NOTED ABOVE, THE RURAL WATER DISTRICTS ACT ITSELF DESCRIBES THESE DISTRICTS AS "A BODY POLITIC AND CORPORATE AND AN AGENCY AND LEGALLY CONSTITUTED AUTHORITY OF THE STATE OF OKLAHOMA FOR THE PUBLIC PURPOSES SET FORTH IN THE ACT." 82 O.S. 1324.6(6). ALTHOUGH THIS LANGUAGE IS NOT IDENTICAL TO THE LANGUAGE OF THE OPEN MEETING ACT THAT DEFINES THE TERM "PUBLIC BODY," IT IS SUFFICIENTLY SIMILAR TO SUPPORT THE CONCLUSION THAT RURAL WATER DISTRICTS ARE "PUBLIC BODIES." MORE SPECIFICALLY, THE RURAL WATER DISTRICTS ACT AUTHORIZES DISTRICTS TO ACQUIRE, MAINTAIN, USE, AND OPERATE "ALL PROPERTY OF ANY KIND, REAL, PERSONAL OR MIXED" AND PROVIDES THAT ALL PROPERTY! ASSETS AND REVENUES OF THE DISTRICT SHALL CONSTITUTE A SPECIAL FUND FOR THE ACCOMPLISHMENT OF THE PURPOSES OF THIS ACT." 82 O.S. 1324.10. IN LIGHT OF THIS POWER TO ACQUIRE, MAINTAIN, AND USE PROPERTY FOR A PARTICULAR PUBLIC PURPOSE, I FIND THAT RURAL WATER DISTRICTS ARE ENGAGED IN "ADMINISTERING PUBLIC PROPERTY," AS THAT PHRASE IS USED IN