reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1285. County sales tax revenues - Application to facilities.

A. Any county of this state, the territorial limits of which are totally within the boundaries of a regional water district organized under the provisions of this act, and which is qualified to levy a county sales tax pursuant to the provisions of Sections 1370, 1371 and 1372 of Title 68 of the Oklahoma Statutes, may, by a majority vote of its board of county commissioners, deem water facilities and sewer facilities, as defined in this act, to be capital improvements.
B. Any county of this state qualified under subsection A of this section which follows the proscriptions mandated in Sections 1370, 1371 and 1372 of Title 68 of the Oklahoma Statutes, may use a portion not to exceed forty percent (40%) of the proceeds of said county sales tax to contract with the regional water district for the specific purpose of financing such planning and capital costs, or reimbursing such planning and capital costs as are properly associated with the construction, erection, purchase or acquisition of plants, buildings, works, property rights, transportation and distribution lines, facilities or equipment of systems necessary to transport, distribute, sell, furnish, treat, store and dispose of water or sewage by the district.
C. Any sales tax levied pursuant to Sections 1370, 1371 and 1372 of Title 68 of the Oklahoma Statutes and approved by a majority of the registered voters of the county voting thereon shall be, and is herein declared to be a county tax; however, nothing in this act shall prohibit the board of county commissioners of any county qualified under the provisions of subsections A and B of this section from specifying, in advance of an election called to approve the imposition of said tax, that the intended use and purpose of a portion of the proceeds of such levy are to be contractually obligated to the district.
Added by Laws 1985, c. 353, § 12, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1286. Annual audit, report and meeting.

A. The board shall cause to be prepared by an independent certified accountant an annual certified audit of the funds, assets, books and records of the district. The audit shall be completed and filed after the close of each fiscal year of the district. A copy of the audit shall be filed with the State Auditor and Inspector, the district and with each of the public agency members of the district within nine (9) months after the close of the district's fiscal year. The audit shall be conducted in conformance with applicable generally accepted auditing standards.
B. The board shall also cause to be prepared an annual report on the activities of the district to be filed, at the same time as the district's audit is filed, with each of the public agency members of the district. A copy of the annual report shall also be filed with the State Board and the State Department of Health.
C. The board shall call an annual meeting for representatives of each of the member public agencies for the purpose of reviewing the audit and annual report prepared in accordance with this section. At least twenty (20) days' notice shall be given to the clerk or secretary of each member public agency prior to the date of the meeting.
Added by Laws 1985, c. 353, § 13, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1287. Applicable statutory provisions.

A. The following statutory provisions shall be applicable to the operations and governance of a district organized under this act:
1. The Oklahoma Open Meeting Act;
2. Section 24 of Title 51 of the Oklahoma Statutes pertaining to public records; and
3. The Public Competitive Bidding Act of 1974.
B. The district shall also comply with any applicable review or reporting requirements of a state or federal regulatory agency as to water or sewage activities, facilities or plans.
Added by Laws 1985, c. 353, § 14, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.1. Short title.

This act may be cited as the "Rural Water, Sewer, Gas and Solid Waste Management Districts Act."
Added by Laws 1972, c. 254, § 1. Amended by Laws 1975, c. 170, § 1, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.3. Purpose of districts - Organization.

Public nonprofit rural water districts, public nonprofit rural sewer districts, public nonprofit natural gas distribution districts and public nonprofit rural solid waste management districts may be organized under this act for the purpose of developing and providing an adequate rural water supply, gas distribution facilities, sewage disposal facilities and solid waste management system to serve and meet the needs of rural residents within the territory of the district. The board of county commissioners of each county in this state shall have the power and it shall be their duty, upon a proper petition being presented, to incorporate and order the creation of rural water, sewer, gas and solid waste management districts in the manner hereinafter provided.
Added by Laws 1972, c. 254, § 3. Amended by Laws 1975, c. 170, § 3, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.4. Petition for incorporation of petition - Contents.

Any two or more owners of lands may file with the county clerk a petition addressed to the board of county commissioners praying for the incorporation of a district under the provisions of this act. The petition shall give a legal description of the lands owned by the petitioners and other lands which the petitioners propose to be incorporated into the proposed district and shall state:
1. That the rural residents within such territory are without an adequate water supply, sewage facilities, gas distribution facilities or solid waste management system to meet their needs;
2. That the construction, installation, improvement, maintenance and operation of all or any combination of water works, sewage facilities, gas distribution 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;
3. That such improvements or works will be conducive to and will promote the public health, convenience and welfare; and
4. That there is sufficient water available for purchase or available for appropriation by the Oklahoma Water Resources Board to serve the needs of the district. Attached to said petition shall be an accurate map or plat of the proposed territory to be embraced within the district showing the location of said territory by reference to sections or portions thereof and the township and range wherein the same are located.
Added by Laws 1972, c. 254, § 4. Amended by Laws 1975, c. 170, § 4, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.5. Notice of filing and pendency of petition - Public hearing - Notice of hearing.

Whenever a petition as provided in the preceding section is filed with the county clerk, he shall thereupon give notice to the county commissioners of the filing and pendency of said petition, whereupon, if the petition proposes the creation of a water district, the county commissioners shall immediately determine from the Oklahoma Water Resources Board whether or not there is water available to adequately serve the proposed district, and the county commissioners shall forthwith enter their 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 for two (2) consecutive weeks in a newspaper published in each county containing lands embraced within the boundaries of the proposed district. Said newspapers must have a general circulation in the county of publication. Provided, however, if there is a county in which there is no newspaper of general circulation published, notice of such hearing shall be given by posting in five public places within said county, one of which shall be the county courthouse. Such notice shall contain: a brief and concise statement describing the purpose of such hearing; a description of the territory to be embraced within said district; a notice to all persons residing or owning property and incorporated municipalities within the proposed district that they may appear upon the date and at the time and place of said hearing to show cause, if any there be, why said petition should not be granted; and a notice to all rural residents of the proposed district that, if said district shall be ordered created, an organizational meeting to elect a board of directors and officers and to adopt bylaws will be held immediately following the entry of the order creating said district. In addition, the county clerk shall, at least ten (10) days before the date fixed for said hearing, give or send by registered or certified mail notice thereof to each of the petitioners.
Added by Laws 1972, c. 254, § 5. Amended by Laws 1975, c. 170, § 5, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.6. Duties of board of commissioners at hearing - 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 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.
Added by Laws 1972, c. 254, § 6. Amended by Laws 1975, c. 170, § 6, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.7. Board of directors - Bylaws.

Immediately following the incorporation of the district by the board of county commissioners, there shall be a special meeting of the owners of land within any such district to select from their number a board of directors and to adopt bylaws for governing and administering the affairs of the district. The number of members of said board, not to exceed nine, shall be determined by a majority vote of those owners of land present. Any original director who shall fail to subscribe to one or more benefit units and pay the established unit fee for each unit to which he subscribes within thirty (30) days after entry in the minutes of the board of a declaration of availability of such benefit units for subscription shall forfeit his office. Those owners of land present at such special meeting may adopt and amend any of such proposed bylaws and may propose or adopt additional or other bylaws. Such bylaws may be amended at any annual or special meeting of the participating members of the district.
Added by Laws 1972, c. 254, § 7.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.9. Board as governing body – Meetings – Vacancies - Rules – Records – Power to charge water fee.

A. The board shall be the governing body of the district and shall meet annually on a date prescribed by the bylaws and at such other times as may be determined by the board or upon call by the chair or any two members of the board. Vacancies on the board shall be filled for the unexpired term, and until such appointee's successor is elected and has qualified, by appointment by the remaining members of the board. The board shall adopt such rules in conformity with the provisions of this act and the bylaws of the district as are deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made pursuant to the provisions of this act.
B. The district shall have the power to charge an amount, as determined by the board and approved by the members of the district, not to exceed ten cents ($0.10) per one thousand (1,000) gallons of water sold, to be included in the water rates for the district and paid by the retail water consumers of the district. The charge shall be approved by a majority vote of the participating members of the district who are present at a regular or special meeting, for which public notice has been given and the issue is on the agenda and presented for a vote. The public notice of the meeting and election shall state the amount of the proposed fee, the intended purpose of the fee, and the entity or entities which will receive the monies. If approved, the board shall distribute the monies received from the charge to any entity or entities, except for any entity that has statutory or regulatory authority over any aspect of the district, selected by the board for purposes that will assist or aid the board in the performance of its duties for the district and which will benefit the area within the district or the members of the district.
Added by Laws 1972, c. 254, § 9. Amended by Laws 2007, c. 13, § 1, emerg. eff. April 17, 2007.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.11. Revenues.

A. Rural water, sewer, gas and solid waste management districts formed pursuant to this act shall be operated without profit, but the rates, fees, rents or other charges for water, gas and other facilities, supplies, equipment or services furnished by the district shall be sufficient at all times:
1. To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized; and
2. For the creation of adequate reserves for the retirement of indebtedness, maintenance and other purposes necessary and expedient to meeting all obligations of the district.
B. The revenues of the district shall be devoted, first, to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations, and, thereafter, to such reserves for improvements, retirement of indebtedness, new construction, depreciation and contingencies as the board of directors may from time to time prescribe.
C. Rates shall be reviewed and adjusted as deemed necessary by the board of directors to ensure that revenues will be adequate for, but not exceed, the amounts required for the purposes provided for in subsection B of this section.
Amended by Laws 1982, c. 28, § 1, operative July 1, 1982.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.12. Benefit units.

Plans, specifications, proposed operating budget, schedules of unit fees and benefit units, rules and regulations, estimates of cost for any proposed improvement authorized by this act shall be filed with the secretary of the district. The total benefits of any such improvement shall be divided into a suitable number of benefit units. Upon determining a schedule of benefit units and unit fees, the board of directors shall cause a declaration of availability of such units for subscription to be entered in its minutes and except for residents of cities and towns as provided in paragraph 5 of Section 1324.2 of this title any individual who fails to become a participating member within thirty (30) days thereafter shall not be eligible to hold office as a director, nor shall any individual, firm, partnership, association, or corporation which fails to become a participating member within ninety (90) days after such declaration be qualified to participate at any meeting or vote at any election held thereafter unless such individual, firm, partnership, association, or corporation shall thereafter become a participating member. Each landowner within the district shall subscribe to a number of such units in proportion to the extent he desires to participate in the benefits of the improvements. As long as the capacity of the district's facilities permits, participating members of the district may subscribe to additional units upon payment of a unit fee for each such unit. Owners or tenants of land located within the district who are not participating members may subscribe to such units as the Board in its discretion may grant, and upon payment of the unit fee for each such unit shall be entitled to the same rights as original participating members.
Added by Laws 1972, c. 254, § 12. Amended by Laws 1981, c. 117, § 2, emerg. eff. April 28, 1981; Laws 1994, c. 175, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.13. Annexation of additional territory - Petition.

Lands outside the boundaries of any district which can economically be served by the facilities of the district may be annexed to such district. Any two or more owners of such lands shall file a petition for annexation with the county clerk addressed to the board of county commissioners, which shall give the legal descriptions of the lands owned by the petitioners and other lands which the petitioners propose to be annexed to such district, and shall state:
1. The name of the district to which annexation is desired;
2. That such lands are without an adequate water supply, sewage facilities, gas distribution system or solid waste management system;
3. That annexation to said district will be conducive to and will promote the public health, convenience and welfare of rural residents in the district; and
4. That adequate water is available to the district or has been appropriated to the district by the Oklahoma Water Resources Board.
Added by Laws 1972, c. 254, § 13. Amended by Laws 1975, c. 170, § 9, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.15. Hearing on annexation petition.

At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain whether proper notice has been given and whether the statements contained in the petition are true. If true, and if a majority of the members of the Board of the district to which annexation is desired do not object to such statement, the board of county commissioners shall enter into its minutes such findings and shall set forth in said minutes a description of the new boundaries of such district. Thereafter, owners of land located within the annexed territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory annexed to a district who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members.
Added by Laws 1972, c. 254, § 15.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.18. Duty of chairman - Compensation for services - District audits, reviews or compilations.

A. It shall be the duty of the chairman of the board of directors to keep in repair such works as are constructed by the district and to operate such works, all as directed by said board. The chairman and all persons who may perform any service or labor as provided herein shall be paid such just and reasonable compensation as may be allowed by the board of directors and said board shall annually prepare an estimated budget for the coming year, adjust rates, if necessary to produce sufficient revenue required by such budget.
B. 1. The board of directors of each district with a gross operating revenue of Fifty Thousand Dollars ($50,000.00) or more during a fiscal year shall cause to be prepared, by an independent licensed public accountant or a certified public accountant, an annual financial audit in accordance with generally accepted auditing standards as of the end of each fiscal year. Copies shall be filed with the State Auditor and Inspector within six (6) months after the close of the fiscal year.
2. The board of directors of each district with a gross operating revenue of less than Fifty Thousand Dollars ($50,000.00) during a fiscal year shall cause to be prepared an annual review or compilation in compliance with standards promulgated by the American Institute of Certified Public Accountants. Copies of the review or compilation shall be filed with the State Auditor and Inspector within six (6) months after the close of the fiscal year for which the review or compilation is done.
C. Each annual review, compilation or audit prepared pursuant to this section shall be reported at the district's annual meeting. Nothing in this section shall in any way alter or eliminate the auditing requirements of any state or federal lending institution.
Added by Laws 1972, c. 254, § 18. Amended by Laws 1994, c. 339, § 3, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.19. Dissolution of district prior to acquisition of assets.

A. The provisions of this section shall apply to dissolution of districts prior to acquisition of assets.
B. Whenever a petition signed by three-fourths (3/4) of the landowners in any district organized under provisions of this act or a petition signed by all of the directors of such district is presented to the board of county commissioners and it shall appear from said petition that said district owns no property of any kind exclusive of records, maps, plans and files; that all of its debts and obligations have been fully paid; that the district is not functioning, and will probably continue to be inoperative because the board of directors is unable to obtain the necessary financing or for any other reason, the board of county commissioners shall, after such finding, issue a certificate stating the allegations in said petition as true and declaring said district dissolved, and shall make full minutes of such hearing in its journal and deliver said certificate to the secretary of said district. The secretary of said district shall, within thirty (30) days thereafter, deliver all records, maps, plans and files to the county clerk, and thereupon said district shall be dissolved.
Laws 1972, c. 254, § 19; Laws 1993, c. 220, § 1, emerg. eff. May 24, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.20. Dissolution of district - Disposition of facilities and property.

Whenever a district owning facilities and property desires to dispose of such facilities and property and become dissolved, the board of directors may adopt a resolution setting forth the proposed plan and, upon such plan being approved by three-fourths (3/4) of the participating members in a meeting called for that purpose, such resolution and plan may be submitted to the board of county commissioners. If approved by the commissioners, the commissioners shall thereupon authorize the board of directors to carry through said plan to dissolve and shall further authorize the board of directors to wind up the affairs of the district, pay all debts and expenses and to dispose of any property owned by the district and for the apportionment of the proceeds thereof together with any other monies belonging to the district to an adjoining rural water district or to any other political subdivision of the state. No money, property or the proceeds thereof shall be distributed to any private interests. Thereupon the district shall be dissolved as herein provided.
Laws 1972, c. 254, § 20; Laws 1977, c. 43, § 1; Laws 1993, c. 220, § 2, emerg. eff. May 24, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.21. Release of lands from district - Petition - Notice.

In the event that landowners within a district desire to withdraw from such district, fifty-one percent (51%) of the affected landowners or the board of directors by resolution may petition the county commissioners to release those lands from the district. The petition shall describe by section or fraction thereof and by township and range the lands affected. After a finding that the granting of the petition is to the best interests of the affected landowners and the district, the board of county commissioners shall issue a certificate stating that the lands involved are released and separated from the district. Full minutes of the hearing shall be entered in the journal of the board of county commissioners and the certificate shall be delivered to the secretary of the district who shall, within thirty (30) days, cause the records of the district to be amended to exclude the lands affected. Notice shall be given, as provided in Section 1324.5 of this title, of the filing of a petition for release of lands as provided herein, fixing the time and place of hearing, and a copy of said notice shall be sent by certified mail to the chairman of the board of directors of the district in which the said lands are located.
Added by Laws 1972, c. 254, § 21. Amended by Laws 1974, c. 59, § 1, emerg. eff. April 13, 1974.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.22. Exemption from taxes and assessments.

Districts formed hereunder shall be exempt from all excise taxes of whatsoever kind or nature, and further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of said district, whether real, personal or mixed; such exemption shall include, but not be limited to, franchise taxes or assessments or fees levied by a county or municipality for inspections of the facilities of the district which were not requested by the district. Any and all securities and evidences of indebtedness issued by a district created pursuant to this act and the income interest and capital gains thereon shall not be subject to the income tax laws of this state and persons owning or holding said securities and evidences of indebtedness or their heirs, devisees, successors, or assigns shall not be required to pay to the State of Oklahoma income tax upon the profits and capital gains upon said securities and evidences of indebtedness.
Added by Laws 1972, c. 254, § 22. Amended by Laws 1998, c. 283, § 4, emerg. eff. May 27, 1998.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.23. Exemption from jurisdiction and control of Corporation Commission.

Rural water, sewer, gas and solid waste management districts, and corporations shall be exempt in any and all respects from the jurisdiction and control of the Corporation Commission of this state; provided, however, rural gas distribution systems shall be subject to the jurisdiction for only the pipeline safety program administered by the Oklahoma Corporation Commission.
Added by Laws 1972, c. 254, § 23. Amended by Laws 1975, c. 170, § 10, emerg. eff. May 21, 1975; Laws 1994, c. 175, § 4, eff. Sept. 1, 1994; Laws 1994, c. 315, § 22, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.24. Validating provisions.

The creation of all districts and all acts and proceedings taken in the creation thereof and all acts and things done by said districts, pursuant to the provisions of this act are hereby validated; and from and after the effective date of this act all such previously created districts shall be deemed to have been created, and all acts and things done by such previously created districts, henceforth shall be deemed to have been pursuant to and subject to the provisions of this act.
Added by Laws 1972, c. 254, § 24.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.26. Enlargement of purposes and powers - Procedure.

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 the district shall be indicated in the manner set forth in Section 1324.6 of this title.
Added by Laws 1972, c. 254, § 26. Amended by Laws 1975, c. 170, § 12, emerg. eff. May 21, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.30. Definitions.

As used in Sections 1 through 6 of this act:
1. "Corporation" means a not-for-profit corporation organized: a. pursuant to the provisons of the Oklahoma General Corporation Act for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members as such and having no capital stock, and
b.
for the purpose of developing and providing rural water supplies to serve rural residents; and
2. "District" means a public nonprofit water district created pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act.
Added by Laws 1989, c. 103, § 1, emerg. eff. April 25, 1989. Renumbered from Title 18, § 863.1 by Laws 1989, c. 369, § 153, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.31. Organization of district.

Pursuant to the provisions of this act, any corporation which was formed prior to December 1, 1988, may organize and constitute a district subject to the provisions of the Rural Water, Sewer, Gas and Solid Waste Management Districts Act.
Added by Laws 1989, c. 103, § 2, emerg. eff. April 25, 1989. Renumbered from Title 18, § 863.2 by Laws 1989, c. 369, § 153, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.33. Dissolution of corporation - Transfer of assets, property, obligations and benefits.

A. Upon the affirmative order of the board of county commissioners to organize the district, the corporation shall be deemed dissolved. The board of directors of the corporation shall file notice of such dissolution with the Secretary of State.
B. All debts, liabilities and obligations of the corporation shall be paid and discharged or transferred pursuant to subsection E of this section.
C. Upon filing with the Secretary of State of notice of dissolution, the corporation shall cease to carry on its business except insofar as may be necessary for the winding up thereof.
D. Upon receipt of notice of dissolution and compliance with the provisions of this section, the Secretary of State shall issue a certificate of dissolution for the corporation.
E. 1. Except as otherwise provided by subsection B of this section, any employee benefits, assets, easements, and titles to any real property or personal property held by the corporation shall be construed to be the benefits, assets, easements, property and obligation of the district.
2. A single notice of the transfer shall be filed for such assets, easements or titles of record with the Secretary of State and in the office of the county clerk where such records are located.
3. Unless otherwise discharged by law, all legal proceedings instituted by or against the corporation prior to the organization of a district pursuant to the provisions of this act shall upon petition be renewed and continued by or against the district by an order of the court constituting the name of such district.
Added by Laws 1989, c. 103, § 4, emerg. eff. April 25, 1989. Renumbered from Title 18, § 863.4 by Laws 1989, c. 369, § 153, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.34. Order constituting rural water districts.

Upon the affirmative order of the board of county commissioners to organize a district, the district shall be deemed to constitute a rural water district and shall comply with the provisions of the Rural Water, Sewer, Gas and Solid Waste Management Districts Act.
Added by Laws 1989, c. 103, § 5, emerg. eff. April 25, 1989. Renumbered from Title 18, § 863.5 by Laws 1989, c. 369, § 153, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.35. Continuation of certain services.

In the event a corporation provides service within the boundaries of an incorporated city or town on the date of organization as a rural water district, the district may continue to serve in that area as permitted by law.
Added by Laws 1989, c. 103, § 6, emerg. eff. April 25, 1989. Renumbered from Title 18, § 863.6 by Laws 1989 c. 369, § 153, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.41. Definitions.

As used in this act:
1. "Acquiring party" means a person and all affiliates thereof by whom or on whose behalf an acquisition of control referred to in Section 6 of this act is to be effected;
2. "Affiliate" means a person who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified, including any corporation created at the direction of the person specified, for purposes of corporate reorganization;
3. "Assets" in the case of a district or corporation means the physical plant, equipment, accounts receivable, accounts payable and all other assets of such district or corporation;
4. "Board" means the Oklahoma Water Resources Board;
5. "Control", including the terms "controlling" or "controlled by", and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership, by contract, purchase of assets, or otherwise, unless such power is the result of an official position with, or corporate office held in, such person. Control shall be presumed to exist if any person, directly or indirectly, owns or controls the assets of such district or corporation. This presumption may be rebutted by showing that control does not exist in fact. The Board may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect;
6. "Corporation" means a not-for-profit corporation organized:
a.
pursuant to the provisions of the Oklahoma General Corporation Act, Section 1001 et seq. of Title 18 of the Oklahoma Statutes, for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members as such and having no capital stock, and
b.
for the purpose of developing and providing rural water supplies to serve rural residents;
7. "District" means a public nonprofit water district created pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act, Section 1324.1 et seq. of Title 82 of the Oklahoma Statutes; and
8. "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any securities broker performing no more than the usual and customary broker's function.
Added by Laws 1994, c. 339, § 5, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.42. Prohibition of acquisition of district assets or merger if action leads to control of district unless approved by Board.

No person shall make an offer for, or enter into any agreement to exchange, seek to acquire, or acquire, the assets of a district or corporation if, after the consummation of such action, such person would directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of such district or corporation, and no person shall merge with or otherwise acquire control of a district or corporation, unless, at the time any such offer, request or invitation is made or prior to the acquisition of assets, such person has sent to the Oklahoma Water Resources Board a statement containing the information required by Section 7 of this act and such offer, request, invitation, or acquisition has been approved by the Board in the manner prescribed by Section 8 of this act.
Added by Laws 1994, c. 339, § 6, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.44. Board approval of acquisition - Conditions for disapproval - Public hearing.

A. The Oklahoma Water Resources Board shall approve any acquisition of control referred to in Section 6 of this act unless, after a public hearing thereon, it finds that one or more of the following conditions will exist if such acquisition of control is consummated, in which event it shall disapprove such acquisition of control and the same shall not be consummated:
1. The acquisition of control would adversely affect the contractual obligations of the district or corporation or its ability or commitment to render the same level of service to its customers that the district or corporation is currently rendering;
2. The financial condition of any acquiring party is such as might jeopardize the financial stability of the district or corporation or otherwise prejudice the interest of the district or corporation customer;
3. The plans or proposals which an acquiring party has to liquidate the district or corporation, sell its assets, or a substantial part thereof, or consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure or management, would be detrimental to the customers of the district or corporation and not in the public interest; or
4. The competence, experience and integrity of the persons who would control the operation of the district or corporation are such that it would not be in the interest of its customers and the public to permit the acquisition of control.
B. The public hearing referred to in subsection A of this section shall be commenced within thirty (30) days after the statement required by Section 6 of this act is filed. The place, date and time for such public hearing shall be set by the Board and notice thereof shall be given by the Board to the person filing the statement and to the district or corporation at least twenty (20) days prior to the date of the public hearing. Notice of the public hearing shall be given by the person filing the statement to such other persons and in such manner as may be directed by the Board at least fifteen (15) days prior to such public hearing. The district or corporation shall give notice to its customers as provided in Section 9 of this act. The public hearing referred to in subsection A of this section shall be concluded within thirty (30) days after the commencement of such hearing. The Board shall make a determination of the factors specified in subsection A of this section within thirty (30) days after the conclusion of such hearing, and any acquisition of control within the purview of this section shall be deemed approved unless the Board has, within sixty (60) days after the conclusion of such hearing, entered its order disapproving the acquisition of control.
Added by Laws 1994, c. 339, § 8, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.45. Notice of public hearing - Payment of expenses - Security.

Notice, in a form to be specified by the Oklahoma Water Resources Board, of the public hearing to be held pursuant to Section 8 of this act shall be mailed, or shall be given in such other manner as may be determined by the Board, by the district or corporation to its customers within ten (10) business days after it has received notice of the hearing from the Board. The expenses of preparation and mailing and giving of such notice shall be borne by the person filing the statement required by Section 6 of this act. As security for the payment of such expenses, the Board may require such person to file with the Board an acceptable bond or other deposit in an amount to be determined by the Board.
Added by Laws 1994, c. 339, § 9, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.46. Domestic water public utility as acquiring party - Approval procedures - Inapplicability of certain provisions.

If the acquiring party is a domestic water public utility, and the district or corporation, control of which is sought to be acquired in a transaction described in Section 6 of this act which would require the filing of a statement pursuant to Section 6 of this act, is subject to the jurisdiction of the Oklahoma Water Resources Board, an application for approval containing such information as the Board may prescribe by rule promulgated pursuant to this act shall be filed with and heard by the Board after such notice as the Board may prescribe, and the transaction shall be approved or disapproved based upon the factors enumerated in paragraphs 1 through 4 of subsection A of Section 8 of this act, subject to judicial review as provided in Section 13 of this act, but the other provisions of this act shall not apply to such transaction. This act shall not apply to consolidations of districts or corporations governed by Section 1324.25 of Title 82 of the Oklahoma Statutes.
Added by Laws 1994, c. 339, § 10, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.47. Jurisdiction.

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.
Added by Laws 1994, c. 339, § 11, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.48. Power of Board - Expenses of analysis or investigation - Payment.

The Oklahoma Water Resources Board shall have power to perform any and all acts, and to prescribe, issue, make, amend and rescind such orders and rules as it may find necessary or appropriate to carry out the provisions of this act. The expense of conducting an analysis or investigation by the Board of the information required to be filed under Section 7 of this act shall be paid by the acquiring party within fifteen (15) days of the public hearing required by Section 8 of this act. Expenses of conducting the analysis or investigation may include, but not be limited to, the cost of acquiring expert witnesses, consultants and analytical services.
Added by Laws 1994, c. 339, § 12, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.49. Authority to enjoin violations and enforce compliance.

Whenever it shall appear to the Oklahoma Water Resources Board, the Attorney General or a district or corporation which reasonably believes itself to be the object of an offer or attempt to obtain control as described in Section 6 of this act, that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this act, or of any rule, or order thereunder, the Board, the Attorney General or the district or corporation may bring an action in the district court in and for Oklahoma County, State of Oklahoma, to enjoin such acts or practices and to enforce compliance with this act or any rule, order or temporary or permanent injunction shall be granted without bond. The Board, the Attorney General and the district or corporation shall transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of this act to the district attorney for Oklahoma County, who, in his or her discretion, may institute appropriate criminal proceedings.
Added by Laws 1994, c. 339, § 13, emerg. eff. June 8, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1324.50. Willful and knowing violations - Penalties.

A. Any person who willfully and knowingly does or causes to be done any act, matter or thing prohibited or declared to be unlawful by this act, or who willfully and knowingly omits or fails to do any act, matter or thing required by this act to be done, or willfully and knowingly causes such omission or failure, shall, upon conviction thereof, be punished by a fine of not more than Five Thousand Dollars ($5,000.00). In addition, such violation shall be punished upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500.00) for each day during which such offense occurs.
B. Any person who willfully and knowingly violated any rule, restriction, condition or order made or imposed by the Board under authority of this act shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500.00) for each day during which such offense occurs.
Added by Laws 1994, c. 339, § 14, emerg. eff. June 8, 1994.