reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-574. Passing equipment through bridge or grade - Notice to owner.

In case it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation, county, township, or municipality, the board of directors shall give thirty (30) days' notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal and if necessary, of the replacing of said bridge or grade, and said actual cost shall be paid by the district. In case the owner of said bridge or grade shall refuse to provide for the passage of said equipment, the board of directors may remove such bridge or grade at its own expense, interrupting traffic in the least degree consistent with good work and without delay or unnecessary damage. In case they shall be prevented from doing so, the owner of said bridge or grade shall be liable for all damage caused by the resulting delay.
Added by Laws 1923-24, c. 139, p. 173, § 22.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-575. Establishing stream and rain gauges, etc. - Surveys and investigations.

The board of directors shall also have the right to establish and maintain streamgauges, rain gauges, a flood warning service with telephone or telegraph service, and may make such surveys and examination of rainfall and flood conditions, stream flow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district, and they may issue reports of their findings.
Laws 1923-24, c. 139, p. 173, § 23.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-576. Cooperation with federal government or other agencies - Outlets in other states.

The board of directors shall also have the right and authority to enter into contracts or other arrangements with the United States Government or any department thereof, with persons, railroad or other corporations, with public corporations, cities and towns, and the state government of this or other states with drainage conservation, conservancy, or other improvement districts, in this or other states, for cooperation or assistance in constructing, maintaining, using and operating the works of the district or the waters thereof, not in violation of Article VI of the Constitution or for making surveys and investigations or reports; and may purchase, lease or otherwise acquire land or other property in adjoining states in order to secure outlets or spend money for securing such outlets or reservoirs or other works in adjoining states, and the Governor of the State of Oklahoma is hereby authorized to assist any conservancy district in negotiating any agreements with other states and the United States, under the power conferred upon him by Section 8 of Article VI of the Constitution of Oklahoma. That the streams constituting boundaries between this and other states for more than one hundred (100) miles shall not be organized within the conservancy districts until the state governments of this and other states affected shall have executed agreements as to equitable division of costs and benefits between the areas with different states affected by the agreement.
Laws 1923-24, c. 139, p. 173, § 24; Laws 1957, p. 556, § 6.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-577. Law governing.

The rights of conservancy districts, landowners, municipalities, corporations, and other users of water in conservancy districts shall be governed by the laws of the State of Oklahoma providing for the use of water.
Added by Laws 1923-24, c. 139, p. 174, § 25. Amended by Laws 1957, p. 557, § 7; Laws 1967, c. 382, § 5, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-601. Appraisers - Appointment - Organization - Additional board.

At the time of making its order, organizing the district or at any suitable time thereafter; either in term or in vacation the court or judge shall appoint three (3) appraisers, who shall in every case where appraisers are appointed under this act be recommended by the board of directors, and whose duty it shall be to appraise the lands or other property within and without the district to be acquired for rights-of-way, reservoirs and other works of the district and to appraise all benefits and damages accruing to all lands within and without the district by reason of the extension of the official plan. Said appraisers shall be freeholders residing within the counties affected by the district but not interested in said district. Each of the appraisers shall, before taking up his duties, take and subscribe to an oath that he will faithfully and impartially discharge his duties as such appraiser, and that he will make a true report of such work done by him. The said appraisers shall at their first meeting elect one of their own number chairman, and the secretary of the board of directors or his deputy shall be exofficio secretary of said board of appraisers during their continuance in office. A majority of the appraisers shall constitute a quorum and a concurrence of the majority in any matter within their duties shall be sufficient for its determination. Said appraisers shall continue to hold their offices until excused by the court, and the court shall fill all vacancies in the board of appraisers, or may appoint a new board for subsequent appraisals, as occasion may require. Such new board, if appointed, shall fill all the requirements of the board of appraisers and perform its duties.
Provided, that if the court shall find that one board of appraisers cannot appraise the lands and property in said district within reasonable time, then the court may appoint such other boards of appraisers as may be found necessary, specifying their territory of operation.
Laws 1923-24, c. 139, p. 176, § 26.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-603. Lands outside district, appraisement of - Bringing in additional owners.

If the appraisers find that lands or other property not embraced within the boundaries of the district will be necessary for or affected by, the proposed improvement, or should be included in the district, they shall appraise the benefits and damages to such land and shall file notice, in the court of the appraisal which they have made upon the lands beyond the boundaries of the district, and to land which in their opinion should be included in the district. The appraisers shall report to the court any lands which in their opinion should be eliminated from the district.
Provided, that the court in determining the properties benefited by the proposed project or projects and in assessing the benefits derived therefrom, and in the matter of assessments for the construction and maintenance thereof shall upon proper petition and showing, cause to be brought in and made parties to the action all property owners found to be benefited throughout the course of the stream below the points of diversion of water, or to the crossing of the state line by any such stream, whether such property be originally included in the petition or not, such action to be taken by the court after service of summons as required in civil actions upon such property owners of record.
Added by Laws 1923-24, c. 139, p. 178, § 28.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-604. Hearing on land excluded from or taken into district - Notice.

If the report of the board of appraisers includes recommendations that other lands be included in the district, or that certain lands be excluded from the district, it shall be the duty of the court clerk where the proceeding is pending to give notice to the owners of such property by publication, to be made as provided in this act for a hearing on the petition for the creation of the district. Such notice to those owners whose lands are to be added to the district may be substantially as shown in the schedule herein. The time and place of the hearing may be the same as those of hearing of appraisals. To the owners of property to be excluded from the district it will be sufficient to notify them of that fact, which notice may be recorded with acknowledgment of the owner.
Laws 1923-24, c. 139, p. 178, § 30; Laws 1959, p. 377, § 5; Laws 1961, p. 627, § 12; Laws 1963, c. 271, § 7, emerg. eff. June 13, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-605. Report of appraisers - Contents - Filing.

The board of appraisers shall prepare a report of its findings which shall be arranged in tabular form and which shall be known as the conservancy appraisal record. Such record shall contain the name of the owner of property appraised as it may appear on the current tax roll of the county, a description of the property appraised as per government survey in tracts not exceeding three hundred twenty (320) acres in extent, except as to properties of public service, transportation and public corporations the property of which shall be described as a whole, and the amount of benefits to each tract. They shall also make report of any other benefits, or any other matter which in their opinion should be brought to the attention of the court. The name of the owner of each tract as the same appears upon the current tax roll of the county shall be conclusive of the fact of such ownership for the purposes of said appraisal record and all proceedings thereon pursuant to this title. No error in the names of owners of real property or in the description thereof shall invalidate said appraisal or the levy of assessments based thereon if sufficient description is given to identify such real property and the owner or owners thereof as aforesaid.
When their report is completed, it shall be signed by at least a majority of the appraisers and deposited with the proper court clerk who shall file it in the original case. At the same time, copies of that part of the report giving the appraisal of benefits in any county, shall be made, certified to and filed with the court clerk of such county. Provided, however, that in the case of appraisals of benefits in a district to a municipal corporation, institution and/or political subdivision as provided in Section 602 of this act, the appraisal record need contain only the name of the municipal corporation, institution and/or political subdivision with the amount of the benefits appraised to said municipal corporation, institution and/or political subdivision.
Laws 1923-24, c. 139, p. 178, § 30; Laws 1959, p. 377, § 5; Laws 1961, p. 627, § 12; Laws 1963, c. 271, § 7, emerg. eff. June 13, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-606. Notice of hearings on appraisals.

Upon the filing of the report of the appraisers, the clerk of the court shall give notice thereof, as provided in this act, in each county wherein appraisals of lands reflect benefits thereto. Said notice shall be in the name of the state, directed by name to every person returned by the appraisers as the owner of any lot or parcel of lands affected by the proposed improvement, or of any interest therein, and also generally to all other persons, without mentioning their names, who may own such land or any part thereof or may interest therein notifying them of the filing of the report of the appraisers and that on the day fixed in the notice the court will hear said report and any objections that may be filed thereto and any evidence that may be adduced concerning the same, and requiring the persons so informed, and each of them, on the day fixed for hearing, to appear before the court and show cause, if any they have, why said report should not be confirmed as made or as the court may amend the same, and the improvements and assessments made as therein described or as the report may be amended. Such notice shall contain in appropriate columns, a tabulated description which may be abbreviated as land descriptions usually are abbreviated, of every lot or parcel of land that will be benefited by the proposed improvements, and shall be published as herein provided, the last insertion to be before the day set for the hearing. Where lands in different counties are mentioned in said report, it shall not be necessary to publish a description of all lands in the district in each county, but only of that part of the said lands situate in the county in which publication is made. The day for the hearing on the report of the appraisers, so set, shall not be less than thirty (30) days nor more than sixty (60) days from the first publication of the notice. Provided, that the court shall sit for hearing on appraisals under this section in each of the counties where the lands affected be situated.
If the appraisers have prepared an appraisal of damages at the direction of the court, said notice shall include the report of the board of appraisers of their estimates of damages, if any, to be sustained by each property owner as provided in Section 602(b) of this title.
Laws 1923-24, c. 139, p. 179, § 31; Laws 1961, p. 628, § 13; Laws 1963, c. 271, § 8; Laws 1967, c. 382, § 6, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-607. Hearing on appraisals.

Any property owner may accept the appraisals in his favor of benefits, made by the appraisers, and shall be construed to have done so unless he shall before the date set for hearing in the notice by publication provided for in the preceding section, file exceptions to said report or to any appraisals of benefits. All exceptions shall be heard by the court, on the day set for hearing, or in case of necessity on order of the court, beginning not less than twenty (20) nor more than thirty (30) days after the date set for the hearing herein, and determined in advance of other business so as to carry out, liberally, the purposes and needs of the district. The court may, if it deems necessary, return the report to the Board of appraisers for their further consideration and amendment, and enter its order to that effect, and new notice shall be published as provided herein as to any changes made, but shall not be necessary as to the whole report. If, however, the appraisal roll as a whole is referred back to the appraisers, the court shall not resume the hearing thereon, but new notice shall be given. But, the court may, without losing jurisdiction over the roll, or without giving new notice, order the appraisers to recast the roll when the order of the court specified the precise character of the changes thereof.
The district, by its Board of directors and any property owner may accept the appraisals of damages and of the value of lands to be taken made by the appraisers by filing their written acceptance with the proper court clerk. And if within thirty (30) days both the district and the said owner or public or private corporation shall not have filed written acceptance as above, the district, through its Board of directors, shall bring condemnation proceedings to acquire the rights appraised as provided for by the condemnation laws of the state.
Laws 1923-24, c. 139, p. 180, § 32; Laws 1963, c. 271, § 9; Laws 1967, c. 382, § 11, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-608. Decree on appraisals.

If it appears to the satisfaction of the court after having heard and determined all said exceptions that the estimated cost to the conservancy district of constructing the improvement contemplated in the official plan is less than the benefits appraised, then the court shall approve and confirm said appraisers' report as so modified and amended, and such findings and appraisals shall be final and incontestable as to property within the district. In considering the appraisals made by the board of appraisers, the court shall take cognizance of the official plan and of the degree to which it is effective for the purposes of the district. In case the court shall find that the estimated benefits appraised are less than the total costs to the conservancy district of the execution of the official plan, exclusive of interest or deferred payments, or that the official plan is not suited to the requirements of the district, it may at its discretion return said official plan to the directors of the district with the order for them to prepare new or amended plans, or it may disorganize the district after having provided for the payment of all expenditures by assessment prorated as provided herein, in the meantime holding the report of the appraisers in abeyance until such official plan has been prepared and refiled with the court clerk.
Added by Laws 1923-24, c. 139, p. 180, § 33. Amended by Laws 1967, c. 382, § 12, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-609. Appeal from award.

Any person, or public or private corporation desiring to appeal from an award as to compensation or damages or benefits, shall within thirty (30) days from the judgment of the court confirming the report of appraisers, file with the clerk of the court a written notice of appeal and proceed with his appeal as provided by law in civil cases, taking up only so much of the record as presents the error complained of.
Added by Laws 1923-24, c. 139, p. 181, § 34.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-611. Filing decree.

Upon the entry of the order of the court approving the report of the appraisers as provided for in this act, the clerk of said court in which the same is entered shall transmit a certified copy of the said decree, and of the appraisals as comfirmed by the court, except those parts from which appeals have been perfected but not determined to the secretary of the district.
When any appeal has been finally determined, the Clerk of the Supreme Court shall certify the amount of each item of the judgment to the clerk of the court having the original case, who shall file the same therein and thereupon transmit certified copies of the same as in this section above provided.
Laws 1923-24, c. 139, p. 181, § 36.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-612. Change of official plan - Powers and duties of directors.

The board of directors may at any time, when necessary to fulfill the objects for which the district was created alter or add to the official plan, and when such alterations or additions are formally approved by the board and by the court, and are filed with the secretary, they shall become a part of the official plan, but they shall neither materially modify the general character of the work, nor materially increase resulting damages for which the board is not able to make amicable settlement, nor increase the cost more than ten per cent (10%), no action other than a resolution of the Board of directors shall be necessary for the approval of such alterations or additions. In case the proposed alterations or additions materially modify the resulting damages or materially reduce the benefits, for which the board is not able to make amicable settlement, or materially increase the benefits in such a manner as to require a new appraisal, or increase the cost more than ten per cent (10%), the court shall direct the board of appraisers (which may be the original board, or a new board appointed by the court on petition of the board of directors or otherwise) to appraise the property to be taken, benefited or damaged, by the proposed alterations or additions. Upon the completion of the report of the Board of appraisers, notice shall be given in the same manner as in the case of the original report of the board of appraisers, and the same right of appeal shall exist. Provided, that where few land owners are affected, if found to be more economical and convenient, personal notice of the pendency of the report of said appraisers shall be given instead of notice by publication; and provided, that if the only question at issue is additional damages or reduction of benefits to property, due to modifications or additions to the plans, the board of directors, may, if they find it practicable, make settlements with the owners of the property damaged instead of having appraisals made by the board of appraisers. In case such settlements are made, notice and hearing need not be had. After bonds have been sold, in order that their security may not be impaired, no reduction shall be made in the amount of benefits appraised against property in the district, but in lieu of such reduction in benefits, if any are made, the amount shall be paid to the party in cash. This provision shall apply to all changes in appraisals under this act.
Laws 1923-24, c. 139, p. 181, § 36.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-613. Appeal not to delay proceedings - Appeal by directors - Waiver by failure to appeal.

No appeal under this act shall be permitted to interrupt or delay any action or the prosecution of any work under this act.
The board of directors of any district organized under the terms of this act shall have the right to appeal from any order of the district court made in any proceeding under this act.
The failure to appeal from any order of the court after the court acquires jurisdiction of the district in any proceedings under this act within the time specified herein shall constitute a waiver of any irregularity in the proceedings, and the remedies provided for in this act shall exclude all other remedies except as herein provided. Any person having been awarded damages under the provisions of this act may demand and receive the amount awarded to him, as damages without prejudice to his right of appeal from said award.
Laws 1923-24, c. 139, p. 182, § 38.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-614. Lands exempt and later liable to assessment.

If any lands in any district organized under this act on which benefits have been appraised and confirmed, are not liable for assessment at the time of the execution of the work, but afterwards during the period when such work is being paid for, become liable to taxation or assessment by reason of some change in condition or ownership, such lands shall thereupon be assessed as other lands in said district receiving equal benefits. Providing that lands owned by Indians, by the State of Oklahoma, or any political subdivision, or any school district, shall be assessable under this act; provided, however, districts established under this act are authorized to enter into contracts providing for payment in lieu of assessments on any such lands. Any assessments made on lands previously exempt shall not be retroactive or cumulative, and such lands shall be assessed, proportionate to the benefits appraised thereon, for the remaining time required for payment of the cost of such work.
Laws 1923-24, c. 139, p. 182, § 39; Laws 1967, c. 382, § 7, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-615. Subsequent appraisals - Procedure.

In case any real property within or without any district is benefited which for any reason was not appraised in the original proceedings, or was not appraised to the extent of benefits received, or in case any individual, corporation, municipality, political subdivision or other district shall make use of or profit by the works of any district organized under the act to a degree not compensated for in the original appraisals or in case the directors of the district find it necessary, subsequent to the time when the first appraisals are made to take or damage any additional property within the district, the directors of said district, at any time such conditions become evident shall direct the board of appraisers to appraise the benefits or the enhanced benefits received by such property, including future benefits and future enhanced benefits thereto, or such damages or value of property taken, and the proceedings outlined in this act for appraising lands not at first included within the boundaries of the district, shall in all matters be conformed with, including notice to the party or parties, and as to lands or property without the district, the board of directors shall proceed under the condemnation laws of the State of Oklahoma, or the board may, at its discretion, make any suitable settlement with such individual, other district, corporation, county or municipality for such use, benefit, damage or property taken.
Laws 1923-24, c. 139, p. 182, § 40; Laws 1967, c. 382, § 8, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-616. Defects and irregularities, how cured.

No fault in petition or any notice or other proceedings shall affect the validity of any proceedings under this act, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault, and except as to matters concerning the acquirement of original jurisdiction of the district.
In case it is found upon a hearing that by reason of some irregularity or defect in the proceedings the appraisal has not been properly made, the court may nevertheless on having proof that expense has been incurred which is a proper charge against the property of the complainant render a finding as to the amount of benefits to said property, and appraise the proper benefits accordingly, and thereupon said land shall be assessed as other land equally benefited, if original jurisdiction has been acquired and an appeal shall be allowed as is provided in the case of the original appraisement. In the event that at any time either before or after the issuance of bonds pursuant to the provisions of this act, the appraisals of benefits, either as a whole or in part, be declared by any court of competent jurisdiction to be invalid by reason of any defect or irregularity in the proceedings therefor, whether jurisdictional or otherwise, the said district court is hereby authorized and directed on the application of the board of directors of said district or on the application of any holder of any bonds which may have been issued pursuant thereto, properly and without delay to remedy all defects or irregularities as the case may require, by directing and causing to be made in the manner hereinbefore provided, a new appraisal of the amount of benefits against the whole or any part of the lands in the said district as the case may require.
Laws 1923-24, c. 139, p. 183, § 41.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-630. Funds, how carried - Vouchers.

A. The monies of every conservancy district organized pursuant to this act shall be administered through the following funds:
1. A preliminary fund, by which is meant the funds borrowed in accordance with Section 632 of this title, which shall be used for the payment of expenses incurred for the purposes for which the funds may be borrowed;
2. An improvement fund, by which is meant the proceeds of levies made against the special assessments of benefits equalized and confirmed under the provisions of this act which have not been pledged for the retirement of bonds, notes, warrants or agreements or the payment of interest thereon and the proceeds of all bonds, notes or warrants issued, which shall be used for defraying expenditures incurred in the execution of the official plan and the relocation of utilities, acquisition or construction of properties, works, and improvements of the district including the cost of preparing the official plan and the appraisal, except as paid out of the preliminary funds, the entire cost of construction and superintendence, with all charges incidental thereto, and the cost of administration during the period of construction and may also be used for defraying preliminary expenses in accordance with Section 632 of this title;
3. A bond fund, by which is meant the proceeds of levies made against the special assessment of benefits equalized and confirmed under the provisions of this act which has been anticipated in the issuance of bonds, notes or warrants together with all other receipts pledged for the retirement of bonds, notes or warrants or the payment of interest thereon, which shall be used only for such purposes; and
4. A maintenance fund, which is a special assessment to be levied annually for the purpose of upkeep, administration and current expenses as hereinafter provided.
B. Any surplus monies in any fund of a conservancy district may be transferred to any other fund by the board, but no transfer shall be made from the bond fund prior to the final maturity of the bonds, notes or warrants payable therefrom, and no transfer shall thereafter be made which would reduce the balance in the fund below the amount required for the payment of all obligations outstanding against the fund.
C. No vouchers shall be drawn against the maintenance fund of a conservancy district until assessments have been levied as provided by this act. No bonds shall be issued against the bond fund until an assessment-levying resolution shall have been properly passed by the board of directors and duly entered upon its records, and not until the property owners shall have been given an opportunity for a period of not less than thirty (30) days to pay the assessments so levied against their respective properties.
Added by Laws 1923-24, c. 139, p. 183, § 42. Amended by Laws 1959, p. 377, § 6; Laws 1963, c. 271, § 10, emerg. eff. June 13, 1963; Laws 2010, c. 175, § 4, emerg. eff. April 26, 2010.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-631. Abandonment of project - Sale of lands and property.

In case any such project, or any part thereof, be abandoned as a flood control project, or in the event any land and property acquired by purchase or condemnation in fee simple shall no longer be necessary for the purposes of the district, the same shall not revert to the former owner or owners or their subsequent grantees of the property but shall be sold at public sale to the highest bidder by the board of directors subject to confirmation by the court, with the proceeds to be paid into the improvement fund created by Section 630 of this title; provided, however, members of the board of directors and agents, servants and employees of the district shall have no right to acquire such lands. The former owner shall be given thirty days (30) notice by certified or registered mail of the sale, and of his right within ten (10) days after the sale to file an election with the court to buy the land at the highest bid price. If the address of such owner is unknown then said notice shall be given by publication for two (2) consecutive weeks in a newspaper of general circulation in the county in which the land is located. Such former owner shall have ten (10) days after such sale to file an election to take such land at the highest bid price; and unless such election is filed within said ten-day period, such rights shall expire and the court shall confirm the sale free of such right. Such preference right and the requirement that a public sale be held shall not apply if the sale is made to any agency, department or instrumentality of the State of Oklahoma; and a district may sell, transfer or assign property of the district, subject to confirmation of the court, to the State of Oklahoma or any agency department or instrumentality thereof by resolution of the board of directors of said district.
Where lands or interests therein are acquired by the district and not utilized for the purposes for which it was acquired, or which have been utilized but such utilization has ceased, then, after ten (10) years from the date of acquisition, or ten (10) years from the date utilization ceased, as the case may be, such land must be sold at public auction to the highest bidder; and mandamus by any interested party will lie to require such sale.
Laws 1923-24, c. 139, p. 184, § 43; Laws 1963, c. 271, § 11, emerg. eff. June 13, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-632. Preliminary work, loans for.

In order to facilitate the preliminary work, which shall include, but not be limited to, the preparation of the official plan, the appraisals and the cost of administration incidental thereto, the board, by resolution, may borrow money at a rate of interest not exceeding six percent (6%), per annum, evidenced by interim bonds or notes of the district payable not later than five (5) years from the date thereof, which resolution shall provide for the levy and collection of an assessment against all property included in the district for the payment of the principal and interest on maturity. Provided, the total amount of money so borrowed with interest shall not exceed twenty-five cents ($0.25) per acre of all lands embraced in the project, and any such interim bonds or notes issued in excess thereof shall be void, but such board shall not issue interim bonds or notes to borrow money as provided above, until such board has been authorized by the court having jurisdiction of such district, after a public hearing, to issue such interim bonds or notes. Notice by publication, setting forth the purpose, time and place of said hearing shall be given by the Clerk of such court. Upon said hearing if it appears that it is necessary to fulfill the purposes of such district to borrow money as set forth in the application to the court, the court shall enter an order to such effect. If said interim bonds or notes shall not have been paid, or refunded by the issuance of bonds or notes for completion of the project prior to the time for the levy and collection of the assessment for payment of the principal and interest thereof, such an assessment shall be levied and collected to pay said principal and interest as hereinabove in this title provided.
Added by Laws 1923-24, c. 139, p. 184, § 44. Amended by Laws 1959, p. 378, § 7; Laws 1963, c. 271, § 12, emerg. eff. June 13, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-634. Levy of assessments.

After the list of real property, with the appraised benefits as approved by the court, or that part thereof from which no appeal is pending has been filed with the secretary of the district, then from time to time, as the affairs of the district demand it, the board of directors shall levy on all real or other property upon which benefits have been appraised, an assessment of such portion of said benefits as may be found necessary by said board to pay the cost of the execution of the official plan including superintendence of construction and administration, plus ten percent (10%) of said total, to be added for contingencies, but not to exceed, in the total of principal, the appraised benefits so adjudicated. The said assessment shall be apportioned to and levied on each tract of land or other property in said district in proportion to the benefits appraised, and not in excess thereof and in case bonds are issued as provided herein and hereafter, then the amount of interest, which will accrue on such bonds, as estimated by said board of directors, shall be included in and added to the said assessment, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and costs of making said improvements are or are not equal to or in excess of the benefits appraised. As soon as said assessment is levied, the board shall report it to the court for confirmation. Upon the entry of the order of the court confirming the assessment the clerk of the court shall transmit a certified copy of said order to the governing or taxing body of each political subdivision assessed and said governing or taxing body shall receive and file the same. After the court has confirmed the assessment, the secretary of the board of directors, at the expense of the district, shall prepare in duplicate an assessment record of the district.
Laws 1923-24, c. 139, p. 184, § 45; Laws 1959, p. 378, § 9.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-635. Owners may pay assessments in full - Bonding resolution for unpaid assessments.

When the assessment roll is placed on file in the office of the district, notice by publication shall be given to property owners that they may pay their assessments. Any owner of real property assessed for the execution of the official plan under the provision of this act shall have the privilege of paying such assessment to the treasurer of the board of directors within thirty (30) days from the time such assessment is placed on file in the office of the district, and the amount to be paid shall be the full amount of the assessment less any amount added thereto to meet interest. When such assessment has been paid, the secretary of the board shall enter upon the said assessment record opposite each tract for which payment is made the words "paid in full" and such assessment shall be deemed satisfied. The payment of such assessment shall not relieve the land owners from the necessity for the payment of a maintenance assessment nor for the payment of any further assessment which may be necessary as herein provided. Any property owner failing to pay assessments in full as provided for herein shall be deemed to have consented to the issuance of bonds as provided for in this act, and to payment of interest thereon.
After the expiration of the period of thirty (30) days within which the property owners may pay their respective assessments, as limited herein, the treasurer of the district shall certify to the board of directors the aggregate of the amount so paid, and thereupon the board of directors shall pass and spread upon their records a bonding resolution in which shall be stated the amount of the assessment, and the amount thereof paid as aforesaid, and thereupon the board shall in the same resolution apportion the uncollected assessment into installments or levies, provide for the collection of interest upon the unpaid installments, and they may order the issuance of bonds (in an amount not exceeding ninety percent (90%) of the levy) in anticipation of the collection of said installments. The residue of the special assessment so levied (not less than ten percent (10%) shall constitute a contingent account to protect the bonds from casual default, and any part thereof in excess of the ten percent (10%) of the next installment of maturing bond principal, together with the next two installments of semiannual interest, if not needed for this purpose, may be transferred from time to time to the maintenance fund of the district.
Laws 1923-24, c. 139, p. 185, § 46.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-636.1. Authority to contract indebtedness.

The board of directors of any Conservancy District or Master Conservancy District, notwithstanding any other provision of the Conservancy Act of Oklahoma, and in addition to all other powers conferred by law, may borrow money and otherwise contract indebtedness for the purposes set forth in the Conservancy Act of Oklahoma, and, without limitation of the generality of the foregoing, to borrow money and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and, in connection with such loan or grant, to enter into such agreements as the United States of America or such corporation or agency may require; and to issue its bonds, notes or obligations therefor, and to secure the payment thereof by mortgage, pledge or deed of trust on all or any property, assets, franchises, rights, privileges, licenses, rights-of-way, easements, revenues, or income of the District. The bonds, notes or obligations issued pursuant to this section shall not be secured or retired by any assessment of real property located within the District nor shall they be deemed a general obligation of the State of Oklahoma, any municipality or the District.
Added by Laws 1995, c. 112, § 7, emerg. eff. April 21, 1995.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-637. Maintenance assessment - Apportionment - To be additional tax.

To maintain, operate and preserve the reservoirs, ditches, drains, dams, levees, canals or other improvements made pursuant to this act and to strengthen, repair and restore the same, when needed, and for the purpose of defraying the current expenses of the district, the board of directors may upon the substantial completion of said improvements and on or before the first day of October in each year thereafter, levy an assessment upon each tract or parcel of land and other property, upon corporate property, within the district subject to assessments under this act, to be known as a "Conservancy Maintenance Assessment". Said maintenance assessment shall be apportioned upon the basis of the total appraisal of benefits accruing for the original and subsequent construction, shall not exceed one percent (1%) thereof in any one year unless the court shall by its order find a necessity exists and authorize an assessment of a larger percentage, and shall be certified in duplicate to the county clerk of each county in which lands of said district are situated, said maintenance assessment shall be entered in the same book as general assessments but in a separate column, or in a separate book kept for the purpose of maintenance assessments and if in a separate book, it shall be entered in like manner and at the same time as the annual installment special assessment is entered. Said county clerk shall certify the same to the treasurer of the county at the same time that he certified the annual installment of the bond fund, and make return thereof and shall be liable for the same penalties for failure or neglect so to do, as may be provided herein for the annual installment of the assessment. The amount of the maintenance tax paid by any parcel of land shall not be credited against the benefits assessed against such parcel of land; but the maintenance special assessment shall be in addition to any special assessment that has been or can be levied against the benefit appraisal.
Added by Laws 1923-24, c. 139, p. 189, § 48. Amended by Laws 1967, c. 382, § 13.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-638. Petition for readjustment of maintenance assessment - Notice and hearing.

Whenever the owners, or representatives of twenty-five percent (25%) or more of the acreage or value of the lands in the district shall file a petition with the court clerk in whose office the petition was filed, stating that there has been a material change in the value of the property in the district since the last previous appraisal of benefits, and praying for a readjustment of the appraisal of benefits for the purpose of making equitable basis for the levy of the maintenance assessment, the said clerk shall give notice of the filing and hearing of said petition in the manner hereinbefore provided.
Upon hearing said petition if said court shall find there has been a material change in the value of property in said district since the last previous appraisal of benefits, the court shall order that there be a readjustment of the appraisal benefits for the purpose of providing a basis upon which to levy the maintenance assessment of said district. Thereupon the court shall direct the appraisers of the conservancy district to make such readjustment of appraisal in the manner provided in this act, and said appraisers shall make their report; and the same proceedings shall be had thereon, as nearly as may be, as are herein provided for the appraisal of benefits accruing for original construction. Provided, that in making the readjustment of the appraisal of benefits said appraisals shall not be limited to the aggregate amount of the original or any previous appraisal benefits, and that after the making of such readjustment of limitations of such annual maintenance assessment to one percent (1%) of the total appraised benefits shall apply to the amount of the benefits as readjusted; and provided, further, that there shall be no such readjustment of benefits oftener than once in ten (10) years.
Laws 1923-24, c. 139, p. 189, § 49.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-639. Annual levy of special assessment - Special assessment book.

The board of directors shall each year thereafter determine, order and levy the part of the local assessment levied under this act, which shall become due and collectable during each year at the same time the state and county taxes are due and collected, which annual levy shall be evidenced and certified by said board not later than October first of each year to the county clerk of each county in which the real or other property affected by said district is situated. The certificate of said annual levy shall be substantially as in the schedule herein.
They shall follow a table or schedule showing in properly ruled columns: 1. The name of the owners of said property, which may be as they appear in the decree of the court confirming appraisals, including the name of a city, county, town or township. 2. The description of the property opposite the names of the said owners. 3. The total amount of the said annual installment of all assessments on such piece of property for the account of the funds. 4. A blank column in which the county treasurer shall record the several amounts as collected by him. 5. A blank column in which the clerk shall record the date of payment of the different sums. 6. A blank column in which the county treasurer shall report the names of the person or persons paying the several amounts.
The said certificates and report shall be prepared in triplicate in a well-bound book which shall be endorsed and named "Conservancy Assessment Book of . . . . . . . . . . . . . . District . . . . . . . . . . . . . . County, Oklahoma", which endorsement shall also be printed at the top of each page in said book.
Two copies of that part of such triplicate affecting lands in any county shall be forwarded to the county clerk of such county, one for his use and one for the county treasurer, to whom the clerk shall certify one copy. It shall be the duty of the county clerk of each county to receive the same as a special assessment book, and to certify the same as other special assessment records to the county treasurer of his county, whose duty it shall be to collect the same according to law. And such special assessment book shall be the treasurer's warrant and authority to demand and receive the assessment due in his county as found in the same, and it shall be unlawful for any such county treasurer to accept payment of the general taxes levied against any tract, parcel, piece of land or property described in such conservancy assessment book, until the owner has been notified by him that there is a special assessment noted in the conservancy book against such tract of land or other property.
Laws 1923-24, c. 139, p. 190, § 50; Laws 1967, c. 382, § 14, emerg. eff. May 23, 1967.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-640. Collection of assessments - Duties of county officers - Delinquents.

The county treasurer of each county in which lands of the district lie, shall make daily report to the county clerk of the county of the sums collected by him, and it shall be the duty of the county clerk on the first day of each month to issue his warrant payable to the treasurer of the district for all sums in the hands of the treasurer of the county, according to his report as aforesaid. Said county clerk shall, as soon as the county treasurer's books report the collections through October 31st, each year, make a report to the treasurer of said district of the sums collected and of the assessments not collected as returned to him by the treasurer of the county.
All assessments or taxes provided for in this act, remaining unpaid after they become due and collectable shall be delinquent and bear a penalty of one per cent (1%) per month from the date of delinquency until paid, and be enforceable by tax sale as a part of the ad valorem tax charge each year.
Laws 1923-24, c. 139, p. 191, § 51; Laws 1967, c. 382, § 9, emerg. eff. May 23, 1967.