reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.74. Authorized uses of funds in account.

A. All funds available in the Drinking Water Treatment Revolving Loan Account shall first be used to assure maintenance of progress towards compliance with enforceable deadlines, goals and requirements of the Oklahoma Environmental Quality Code and the federal Safe Drinking Water Act.
B. The Board shall use the Drinking Water Treatment Revolving Loan Account only as provided by the federal Safe Drinking Water Act for the following purposes:
1. To make a loan to an eligible entity if:
a.
the loan application, project and planning documents have been approved by the Department or Board,
b.
the loan is made at or below market interest rates, including interest-free loans, at terms consistent with the federal Safe Drinking Water Act,
c.
principal and interest payments will begin not later than one (1) year after completion of any drinking water treatment project and all loans will be fully amortized consistent with the federal Safe Drinking Water Act,
d.
the Drinking Water Treatment Revolving Loan Account will be credited with all payments of principal of and interest on all loans,
e.
the applicant demonstrates to the satisfaction of the Board the legal, managerial and financial capability to assure sufficient revenues to pay debt service,
f.
the recipient of the loan establishes a dedicated source of revenue for payment of debt service for the loan, and
g.
the recipient agrees to maintain financial records in accordance with governmental accounting standards, to conduct an annual audit of the financial records relating to the treatment works, and to submit the audit report to the Board on a scheduled annual basis;
2. To buy or refinance eligible entity obligations at or below market rates where the debt obligation was incurred after July 1, 1993;
3. To guarantee or purchase insurance for eligible entities if the guarantee or insurance would improve access to market credit or reduce interest rates;
4. As a source of revenue or security for the payment of principal of and interest on any investment certificate issued by the Board. The proceeds of the sale of such investment certificates shall be deposited in the Drinking Water Treatment Revolving Loan Account in compliance with applicable bond resolutions or indentures authorizing the sale;
5. To earn interest on accounts established under the Drinking Water Treatment Revolving Loan Account; and
6. For such other purpose or in such other manner, as is determined by the Board to be an appropriate use of the Drinking Water Treatment Revolving Loan Account and which has been specifically approved by the Environmental Protection Agency pursuant to the federal Safe Drinking Water Act.
Added by Laws 1994, c. 191, § 4, eff. July 1, 1994. Amended by Laws 1997, c. 186, § 2, emerg. eff. May 15, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.75. Powers and duties of Department.

A. In addition to other powers and duties provided by law, the Department of Environmental Quality shall have the power and duty to:
1. Prepare and maintain the priority list for treatment works;
2. Review and assess the planning documents for and cost effectiveness of drinking water treatment projects on the priority list;
3. Determine drinking water treatment project feasibility and the entities' eligibility to receive funding from the Drinking Water Treatment Revolving Loan Account;
4. Determine which projects should be referred to the Board for loans from the Drinking Water Treatment Revolving Loan Account;
5. Perform any required environmental review and make any required environmental determinations in accordance with any necessary environmental review process approved by the Environmental Protection Agency;
6. Provide oversight and technical assistance during the planning, design, and construction phase of the drinking water treatment project for which the entity is applying for such loan;
7. Be the instrumentality to make application to the Environmental Protection Agency for the capitalization grant and enter into the capitalization grant agreement, and be the recipient of the capitalization grant; and
8. Assess the technical capability of an applicant to ensure compliance with the federal Safe Drinking Water Act over the long term.
B. In determining the cost effectiveness of any drinking water treatment project, the Department shall require the preparation of a cost effective analysis of feasible drinking water treatment or conveyance alternatives capable of meeting state and federal drinking water standards and public health requirements while recognizing environmental and other nonmonetary considerations determined to be relevant by the Department.
Added by Laws 1994, c. 191, § 5, eff. July 1, 1994. Amended by Laws 1997, c. 186, § 3, emerg. eff. May 15, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.76. Eligibility and priority of entities for drinking water treatment projects - Rules.

The Environmental Quality Board shall prescribe such rules as may be necessary for determining the eligibility and priority of entities for drinking water treatment projects in order to receive loans made pursuant to the federal Safe Drinking Water Act and from the Drinking Water Treatment Revolving Loan Account. At a minimum, such rules shall:
1. Ensure the fair and equitable prioritization of entities eligible for loans made pursuant to the provisions of this act;
2. Be in conformance with applicable provisions of the Oklahoma Environmental Quality Code and the federal Safe Drinking Water Act;
3. Require that to be approved, an applicant needs or will need the drinking water treatment project loan to comply with rules adopted by the Environmental Quality Board pursuant to the Oklahoma Environmental Quality Code; and
4. Require the drinking water treatment project to:
a.
comply with minimum standards and requirements of the federal Safe Drinking Water Act or any similar or successor statute,
b.
meet the Department's rules for drinking water and established environmental review criteria as provided for by applicable federal law, and
c.
meet any other consideration deemed necessary by the Department.
Added by Laws 1994, c. 191, § 6, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.77. Powers and duties of Board.

A. In addition to other powers and duties provided by law, the Board shall have the power and duty to:
1. Manage, maintain, expend and otherwise administer monies in the Water Resources Fund and any accounts or subaccounts therein, except as otherwise provided by paragraph 2 of this subsection, pursuant to the provisions of Sections 1085.31 through 1085.39 of this title;
2. Manage, maintain, expend and otherwise administer monies in the Drinking Water Treatment Revolving Loan Account pursuant to the statutory authority of the Oklahoma Water Resources Board and shall manage the account so as to make available the amounts necessary to fund loans to eligible entities entitled to receive funding;
3. Establish separate accounts and subaccounts within the Water Resources Fund and provide that such accounts be segregated and used for specified purposes or held as security for designated obligations;
4. Issue investment certificates to provide necessary funds for the Drinking Water Treatment Revolving Loan Account pursuant to the provisions of subsection B of this section;
5. Enter into binding loan agreements with the eligible entities; and
6. Transfer, when necessary, monies from the Drinking Water Treatment Revolving Loan Account to the Statewide Water Development Revolving Fund to be used for security or collateral for investment certificates issued for the Drinking Water Treatment Revolving Loan Account. The monies so transferred and the interest income from such monies shall be restricted for use to those programs authorized by the federal Safe Drinking Water Act. The Board shall establish such accounts and subaccounts within the Statewide Water Development Revolving Fund necessary to implement the provisions of this paragraph.
B. The Board may issue investment certificates to provide necessary funds for the Drinking Water Treatment Revolving Loan Account; provided that said issuance shall be governed by the provisions of Section 1085.33 and Section 1085.37 of this title. The Board shall not issue such investment certificates unless:
1. The Board has determined that the issuance of the investment certificates is an economical way to provide loan funds to meet the demand for funding and is beneficial for the long term stability of the fund. Prior to issuance of any such bonds, the Board shall fully consider all comments submitted by the public concerning issuance of the bonds; and
2. The issuance of such certificates has been reviewed and approved pursuant to the Oklahoma Bond Oversight and Reform Act.
Added by Laws 1994, c. 191, § 7, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.79. Application of Oklahoma Bond Oversight and Reform Act.

An investment certificate shall not be issued under Sections 1085.31 through 1085.39 of Title 82 of the Oklahoma Statutes or pursuant to the provisions of this act unless the issuance has been reviewed and approved pursuant to the Oklahoma Bond Oversight and Reform Act.
Added by Laws 1994, c. 191, § 9, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.81. Default in payments.

In the event of a default in payment of the principal or interest on loans made from the Drinking Water Treatment Revolving Loan Account pursuant to this act, the Attorney General is empowered and it shall be his or her duty to take action to collect amounts due to the account. The Attorney General shall institute appropriate proceedings by mandamus or other legal remedies to compel the defaulting party and its officers, agents, and employees to cure the default by appropriate means, including performing duties that they are legally obligated to perform. Those proceedings shall be brought and venue shall be in the district court of Oklahoma County.
Added by Laws 1994, c. 191, § 11, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.82. Joint operating agreement between Department and Board.

In order to comply with the requirements of federal and state laws, the Department of Environmental Quality and the Oklahoma Water Resources Board shall enter into a written joint operating agreement to carry out with efficiency their respective duties under this act. At a minimum, the agreement shall provide for the following:
1. Joint procedures consistent with this act to establish criteria for determining the interest rates on loans to be made from the Drinking Water Treatment Revolving Loan Account. Such criteria may incorporate applicable United States Environmental Protection Agency and Rural Development Administration guidelines for financial assistance; and
2. Submission of an annual joint report by the Department and the Board to the Governor and to the Speaker of the House of Representatives and the President Pro Tempore of the Senate within one hundred twenty (120) days of the end of each fiscal year concerning the Drinking Water Treatment Revolving Loan Account and implementation of the provisions of this act. The report shall contain information to show the actual use and the recipients of loans made from the Drinking Water Treatment Revolving Loan Account. In addition, the report shall contain five-year demand projections on anticipated loan funds required and ten-year and twenty-year projections as to possible funding needs for drinking water treatment projects which may be eligible for financial assistance pursuant to this act.
Added by Laws 1994, c. 191, § 12, eff. July 1, 1994. Amended by Laws 1997, c. 186, § 4, emerg. eff. May 15, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.83. Annual intended use plan and biennial report.

A. The Department of Environmental Quality shall prepare an annual intended use plan with the cooperation of the Board and shall submit such plan to the United States Environmental Protection Agency. The plan shall contain all information required by pertinent provisions of the federal Safe Drinking Water Act and may contain such other information as the Department may determine. An opportunity for public review of and comment on the plan before submittal shall be provided.
B. The Department shall prepare a biennial report with the cooperation of the Board and shall submit such report to the United States Environmental Protection Agency. The biennial report shall contain all information required by pertinent provisions of the federal Safe Drinking Water Act and may contain such other information as required by the Capitalization Grant Agreement.
Added by Laws 1994, c. 191, § 13, eff. July 1, 1994. Amended by Laws 1997, c. 186, § 5, emerg. eff. May 15, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.84A. Drinking Water Treatment Loan Administrative Fund.

A. In order to administer the Drinking Water Treatment Revolving Loan Account, there is hereby created in the State Treasury a "Drinking Water Treatment Loan Administrative Fund". The Drinking Water Treatment Loan Administrative Fund shall be set apart from all other Board accounts and funds and shall be a permanent and perpetual fund not subject to fiscal year limitations. The Drinking Water Treatment Loan Administrative Fund shall consist of monies deposited into the fund from the following sources:
1. Application processing and loan administrative fees collected by the Board on Drinking Water Treatment Revolving Loan Account loans; and
2. Any other funds, whether public or private, that have been designated by the source thereof for deposit in the Drinking Water Treatment Loan Administrative Fund.
B. Monies in, or investment income derived from, the Drinking Water Treatment Loan Administrative Fund shall be restricted and used solely for the purpose of administering the Drinking Water Treatment Revolving Loan Account or as otherwise authorized by the federal Safe Drinking Water Act or guidance or regulations promulgated thereunder. Monies in the Drinking Water Treatment Loan Administrative Fund, or investment income derived therefrom, shall be used by the Board and Department in carrying out their responsibilities as provided in the written annual joint operating agreement identified in Section 1085.82 of Title 82 of the Oklahoma Statutes and shall be subject to annual designation by the State Legislature.
C. The monies placed in the Drinking Water Treatment Loan Administrative Fund may be invested by the State Treasurer in an adequately collateralized manner and as prescribed by Section 89.2 of Title 62 of the Oklahoma Statutes or pursuant to investment contracts or agreements with entities maintaining a rating in the top two categories by a nationally recognized municipal bond rating agency, all in a manner consistent with the federal Safe Drinking Water Act or regulations promulgated thereunder. The Oklahoma Water Resources Board may transfer to the Drinking Water Treatment Loan Administrative Fund income derived from investment of the fund. Monies invested by the State Treasurer shall be available to meet administrative funding needs.
D. The Board is authorized to transfer monies from the Drinking Water Treatment Loan Administrative Fund into the Drinking Water Treatment Revolving Loan Account to be utilized for purposes consistent with the federal Safe Drinking Water Act.
E. The Board shall cause to be completed an annual audit of any expenditures from the Drinking Water Treatment Loan Administrative Fund.
Added by Laws 1997, c. 186, § 6, emerg. eff. May 15, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.91. Legislative intent.

In addition to the financial assistance programs established under Sections 1085.31 through 1085.49, 1085.51 through 1085.65, and 1085.71 through 1085.84A of this title pursuant to Section 39 of Article X of the Oklahoma Constitution, it is the intention of the Legislature to establish a Hazard Mitigation Financial Assistance Program. Financing projects to mitigate certain hazards are hereby declared to be a public purpose.
Added by Laws 1999, c. 57, § 13, eff. July 1, 1999. Amended by Laws 2023, c. 138, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.92. Definitions.

As used in the Hazard Mitigation Financial Assistance Program:
1. "Hazard mitigation projects" means those projects designed to correct, alleviate or eliminate a condition or situation which poses a repetitive threat to life, property, or public safety from the effects of a disaster;
2. "Eligible entity" means any city, town, county, or the State of Oklahoma, and any rural water or sewer district, irrigation district, public trust, master conservancy district, or other political subdivision or any combination thereof;
3. "Board" means the Oklahoma Water Resources Board; and
4. "Department" means the Oklahoma Department of Emergency Management and Homeland Security.
Added by Laws 1999, c. 57, § 14, eff. July 1, 1999. Amended by Laws 2023, c. 138, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.94. Powers and duties of Water Resources Board.

A. In addition to other powers and duties provided by law, the Oklahoma Water Resources Board shall have the power and duty to:
1. After receipt from the Oklahoma Department of Emergency Management and Homeland Security, process applications for grant funds or loans from the Hazard Mitigation Financial Assistance Fund and enter into grant or loan agreements for use of such funds;
2. Promulgate rules as deemed necessary by the Board to administer the Hazard Mitigation Financial Assistance Program;
3. Utilize the priority listing of applicants compiled by the Oklahoma Department of Emergency Management and Homeland Security in considering applications;
4.
a.
Issue investment certificates, in accordance with the provisions of Sections 1085.33 and 1085.37 of this title and the Oklahoma Bond Oversight and Reform Act, to provide necessary funds first to meet the demand for loan funding from the Hazard Mitigation Financial Assistance Program; provided, any investment certificate proceeds not needed for such demand may be used by the Board, as needed, for funding other financial assistance programs authorized in this title, and
b.
Enter into loan agreements with and make loans from the proceeds of investment certificates to eligible entities for hazard mitigation projects upon terms not inconsistent with the provisions of Section 1085.36 of this title; and
5. Enter into agreements with the Oklahoma Department of Emergency Management and Homeland Security or other state or federal agencies as deemed necessary by the Board to monitor and measure hazard events.
B. In addition to other powers and duties provided by law, the Oklahoma Department of Emergency Management and Homeland Security shall:
1. Promulgate rules providing for and establishing a priority listing of grant and loan applicants for flood hazard mitigation projects subject to the Oklahoma Civil Defense and Emergency Resources Management Act; and
2. Determine eligibility of those entities authorized to receive funding from the Hazard Mitigation Financial Assistance Fund.
Added by Laws 1999, c. 57, § 16, eff. July 1, 1999. Amended by Laws 1999, c. 413, § 9, eff. Nov. 1, 1999; Laws 2023, c. 138, § 4, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.95. Use of loans and grants in conjunction with other financial assistance – Subagreements with owners of private property.

A. Loans and grants under the Hazard Mitigation Financial Assistance Program may be used in conjunction with other financial assistance available from the Oklahoma Water Resources Board.
B. If a hazard mitigation project includes activities to be conducted on privately owned real property, the loan or grant agreement between the Board and the eligible entity that receives the grant shall contain a provision about any necessary subagreements with the owners of the property.
Added by Laws 1999, c. 57, § 17, eff. July 1, 1999. Amended by Laws 2023, c. 138, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.96. Use of monies for security and collateral for investment certificates.

Monies appropriated to the Statewide Water Development Revolving Fund for the purpose of flood hazard mitigation, in addition to such purpose, may be used by the Oklahoma Water Resources Board for security and collateral for investment certificates issued by the Board pursuant to Section 16 of this act.
Added by Laws 1999, c. 57, § 18, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1086.3. Transaction of certain business for profit by members prohibited.

A. It shall be unlawful for any member, officer or employee of the Water Resources Board to transact with the Board, either directly or indirectly, any business for profit of such member, officer or employee; and any person, firm or corporation knowingly participating therein shall be equally liable for violation of this provision.
B. The term “business for profit” shall include, but not be limited to, the acceptance or payment of any fee, commission, gift or consideration to such member, officer or employee.
C. Violation of this provision shall constitute a felony and shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary for not more than five (5) years, or by both such fine and imprisonment.
Added by Laws 1974, c. 25, § 3, emerg. eff. April 10, 1974. Amended by Laws 1997, c. 133, § 595, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 431, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 595 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1086.5. Existing rights unimpaired.

Sections 1086.1 through 1086.6 of this title shall not be construed or applied to deprive or impair the existing rights of citizens, municipalities or other water-user entities with respect to stream water appropriations now or hereafter granted by the Water Resources Board, or applications for same, or storage rights exercised in connection therewith, nor priorities established thereby as provided by law, nor impair or adversely affect in any manner any applications for stream water appropriation now or hereafter pending.
Laws 1974, c. 25, § 5, emerg. eff. April 10, 1974; Laws 1992, c. 48, § 3, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.1. Short title.

This act may be cited as the "Oklahoma Weather Modification Act."
Laws 1972, c. 228, § 1, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1401 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.2. Definitions.

As used in this act, unless the context requires otherwise:
1. "Board" means the Oklahoma Water Resources Board;
2. "Operation" means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one specified geographical area over one continuing time interval not exceeding one (1) year, or, if the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, "operation" means the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one specified geographical area over one continuing time interval not exceeding one (1) year;
3. "Research and development" means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes including the experimental production and testing of models, devices, equipment, materials and processes; and
4. "Weather modification" or "weather modification and control" means changing or controlling, or attempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposhere.
Laws 1972, c. 228, § 2, emerg. eff. April 7, 1972; Laws 1973, c. 180, § 14, emerg. eff. May 16, 1973. Renumbered from Title 2, § 1402 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.3. Powers of Board.

In the performance of the functions authorized herein, the Board may, in addition to any other acts authorized by law:
1. Establish advisory committees to advise with and make recommendations to the Board concerning legislation, policies, administration, research and other matters;
2. Establish by regulation or order such standards and instructions to govern the carrying out of research or projects in weather modification and control as the Board may deem necessary or desirable to minimize danger to health or property, and make such regulations as are necessary in the performance of its powers and duties;
3. Make such studies and investigations, obtain such information, and hold such hearings as the Board may deem necessary or proper to assist it in exercising its authority or in the administration or enforcement of this act or any regulations or orders issued thereunder;
4. Appoint and fix the compensation of such personnel, including specialists and consultants, as are necessary to perform its duties and functions hereunder;
5. Acquire, in the manner provided by law, such materials, equipment and facilities as are necessary to perform its duties and functions hereunder;
6. Cooperate with public or private agencies in the performance of the Board's functions or duties and in furtherance of the purposes of this act;
7. Represent the state in any and all matters pertaining to plans, procedures or negotiations for interstate compacts or cooperative agreements relating to weather modification and control; 8. Enter into cooperative agreements with the United States Government or any of its agencies, other states, or with the various counties and cities of this state or with any private or public agencies for conducting weather modification or cloud seeding operations;
9. Act for and represent the state and the counties, cities and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations; and
10. Assist and cooperate in the formation of weather modification districts within this state.
Laws 1972, c. 228, § 3, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1403 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.4. Continued conduct of research and development activities.

The Board shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and practical knowledge in such fields. To this end the Board may conduct, and make arrangements including contracts and agreements for the conduct of, research and development activities relating to:
1. The theory and development of methods of weather modification and control, including processes, materials and devices related thereto;
2. Utilization of weather modification and control for agricultural, industrial, commercial, municipal and other purposes; and
3. The protection of life and property during research and operational activities.
Laws 1972, c. 228, § 4, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1404 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.5. Hearings.

In the case of hearings held pursuant to this act, the Board shall conduct such hearings in accordance with the provisions of the Administrative Procedures Act.
Laws 1972, c. 228, § 5, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1405 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.6. Grants, appropriations, gifts, donations and bequests - Weather Modification Revolving Fund.

A. The Board may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, or from any other source, and may expend such funds, unless their use is restricted and subject to any limitations otherwise provided by law, for the administration of this act for operations and research and for the encouragement of research and development by a state or public or private agency, either by direct grant, by contract or other cooperative means.
B. All monies received by the Board and derived from all license and permit fees authorized and contemplated under the provisions of this act or derived from all additional sources referred to in subsection A of this section shall be deposited with the State Treasurer and credited, apportioned and appropriated to a separate and distinct fund to be known as the Oklahoma Weather Modification Revolving Fund to be used to enforce, administer and implement the weather modification powers, duties and responsibilities of the Board. The Oklahoma Weather Modification Revolving Fund herein created shall be a continuing fund not subject to fiscal year limitations. No monies shall be paid out of the Oklahoma Weather Modification Revolving Fund until the claim therefor has been itemized and verified by the Board and the Director of the Office of Management and Enterprise Services as provided by law. When so approved, the State Treasurer shall draw his warrant therefor upon the State Treasurer and the same shall be paid out of the Oklahoma Weather Modification Revolving Fund hereby created.
Added by Laws 1972, c. 228, § 6, emerg. eff. April 7, 1972. Amended by Laws 1982, c. 67, § 1. Renumbered from § 1406 of Title 2 by Laws 1982, c. 67, § 5. Amended by Laws 2012, c. 304, § 1067.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.7. Necessity for licenses and permits.

Except as provided in Section 8 of this Act, no person, corporation or institution shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the Board authorizing such activities.
Laws 1972, c. 228, § 7, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1407 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.8. Exemptions.

The Board, to the extent it deems practical, shall provide by regulation for exempting from the license and permit requirements of this act:
1. Research and development and experiments by state and federal agencies and institutions of higher learning;
2. Laboratory research and experiments;
3. Activities normally engaged in for purposes other than those of inducing, increasing, decreasing or preventing precipitation; and
4. Religious ceremonies, rites or acts and American Indian or other cultural ceremonies which do not utilize chemical or mechanical means to alter weather phenomena and which are not performed for profit.
Laws 1972, c. 228, § 8, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1408 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.9. Issuance of licenses.

A. Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate, to the satisfaction of the Board, competence in the field of meteorology and financial responsibility reasonably necessary to engage in activities for weather modification and control. If the applicant is an organization, these requirements shall be met by the individual or individuals who are to be in control and in charge of the operation for the applicant.
B. The Board shall issue licenses in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this act. Each license shall be issued for a period to expire at the end of the state fiscal year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, such license shall upon application be renewed at the expiration of such period. A license shall be issued or renewed only upon the payment to the Board of One Hundred Dollars ($100.00) for the license or renewal thereof.
Laws 1972, c. 228, § 9, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1409 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.10. Issuance of permits.

The Board shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this act only:
1. If the applicant is licensed pursuant to this act;
2. If a sufficient notice of intention is published and proof of publication is filed as required by Section 13 of this act;
3. If the fee for a permit is paid as required by Section 15 of this act; and
4. If the applicant has given bond for the faithful performance of any weather modification contract which the applicant has entered into for the weather modification operation for which application was made for the permit. The surety on any bond to guarantee the faithful performance and execution of any work shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice to an extension of time to the contractor in which to perform the contract for a period of not more than thirty (30) days.
Laws 1972, c. 228, § 10, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1410 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.11. Separate permits - Notice of intention.

A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the Board and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his activities for the permitted operation substantially within the time and area limits set forth in the notice of intention, unless modified by the Board, and his activities shall also conform to any conditions imposed by the Board upon the issuance of the permit or to the terms of the permit as modified after issuance.
Laws 1972, c. 228, § 11, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1411 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.12. Contents of notice of intention.

The notice of intention shall set forth at least all of the following:
1. The name and address of the licensee;
2. The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted;
3. The area in which and the approximate time during which the operation will be conducted;
4. The area which is intended to be affected by the operation; and
5. The materials and methods to be used in conducting the operation.
Added by Laws 1972, c. 228, § 12, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1412 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.13. Publication of notice of intention.

A. The applicant shall cause the notice of intention, or that portion thereof including the items specified in Section 12 of this act, to be published at least once a week for two (2) consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county.
B. Proof of publication together with publisher's affidavit, shall be filed by the licensee with the Board within fifteen (15) days from the date of the last publication of the notice.
C. Provided, that upon declaration of emergency drought conditions within any county or counties of this state by proclamation by the Governor or by concurrent resolution by the Legislature, the provisions of this act requiring notice by publication of intent to perform any weather modification operation may be suspended.
Laws 1972, c. 228, § 13, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1413 by Laws 1982, c. 67 § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.14. Proof of financial responsibility.

Proof of financial responsibility shall be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modification and control activities in connection with the operation for which he seeks a permit.
Laws 1972, c. 228, § 14, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1414 by Laws 1982, c. 67 § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.15. Permit fees.

The fee to be paid by each applicant for a permit shall not exceed Twenty-five Dollars ($25.00).
Laws 1972, c. 228, § 15, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1415 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.16. Records and reports.

A. Each licensee shall keep and maintain a record of all operations conducted by him pursuant to his license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the licensee, and such other general information as may be required by the Board, and shall report the same to the Board at the time and in the manner required by the Board.
B. The Board shall require written reports regarding methods and results, but not inconsistent with the provisions of this act, covering each operation for which a permit is issued. The Board shall also require written reports from such organizations as are exempt under Section 8 from the license and permit requirements of this act.
C. All information on an operation shall be submitted to the
Board before any information on such operation may be released to the public.
D. The reports and records in the custody of the Board shall be open for public examination as public documents.
Laws 1972, c. 228, § 16, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1416 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.17. Monitoring by United States Government.

When a permit is issued under the Oklahoma Weather Modification Act for weather modification research by the United States Government or its agent, any other operation for which a permit is issued and which is located in full or in part within the area of the permitted research operation shall submit to monitoring by the agency conducting such operation when such operation is being conducted.
Laws 1973, c. 180, § 15, emerg. eff. May 16, 1973. Renumbered from Title 2, § 1416.1 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.18. Revocation or suspension of licenses or permits - Modification of permits.

A. Under the provisions of the Administrative Procedures Act, the Board may suspend, revoke or refuse to renew any license or permit issued by it if the applicant no longer qualifies for such license or permit under the provisions of this act or if the applicant has violated any provisions of this act.
B. The Board may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the Board that it is necessary for the protection of the health or the property of any person to make the modification proposed.
Laws 1972, c. 228, § 17, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1417 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.19. Certain liabilities not imposed or rights affected.

Nothing in this act shall be construed to impose or accept any liability or responsibility on the part of the state or any state officials or employees for any weather modification and control activities of any private person or group, or to affect in any way any contractual, tortious or other legal rights, duties or liabilities between any private persons or groups.
Laws 1972, c. 228, § 18, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1418 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1087.20. Penalties.

Any person violating any of the provisions of this act or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation punishable as a separate offense for each day during which it occurs, and upon conviction shall be imprisoned in the county jail for not more than ten (10) days or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both, for each such separate offense.
Laws 1972, c. 228, § 19, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1419 by Laws 1982, c. 67, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1088.12. Public policy.

The Legislature hereby declares that, in order to protect Oklahoma citizens from increased water supply shortages and groundwater depletions by the year 2060 in most of the eighty-two watershed planning basins in the state as described in the 2012 Update of the Oklahoma Comprehensive Water Plan, the public policy of this state is to establish and work toward a goal of consuming no more fresh water in the year 2060 than is consumed statewide in the year 2012, while continuing to grow the population and economy of the state and to achieve this goal through utilizing existing water supplies more efficiently and expanding the use of alternatives such as wastewater, brackish water, and other nonpotable supplies. Provided, however, that nothing in the Water for 2060 Act shall be construed as amending the provisions of law pertaining to rights or permits to use water.
Added by Laws 2012, c. 274, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1088.13. Oklahoma Water Conservation Grant Program - Pilot programs - Goals and objectives - Purpose - Awards.

A. There is hereby created the "Oklahoma Water Conservation Grant Program".
B. The Oklahoma Water Resources Board shall solicit proposals for and make grants for the establishment of pilot programs which will implement water conservation projects or plans in communities in the state.
C. The goals and objectives of the grant program are to:
1. Increase the awareness of the public through education programs or public information campaigns regarding the value of our water resources and how water can be used more efficiently;
2. Provide assistance to communities or entities initiating water conservation plans, programs, and activities and to research and document the potential for improving water use efficiency through demonstration projects and other activities; and
3. Assist in the development of policies which will encourage the implementation of water conservation measures.
D. For purposes of this section, communities may include entire cities or towns, combined cities or towns, parts of cities or towns, or schools, groups or entities located within a community, or one or more rural water districts or portions of water districts.
E. Contingent upon the availability of funding, the Board may award grants each year in an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) for each grant. The total amount of grants awarded each year shall not exceed Fifty Thousand Dollars ($50,000.00).
F. The pilot projects shall be innovative programs that will serve as models for other communities in the state. Pilot projects may include, but are not limited to, community conservation demonstration projects, water use accounting programs, retrofit projects, school education projects, Xeriscape demonstration gardens, projects which promote efficiency, recycling and reuse of water, and information campaigns on capturing and using harvested rainwater and graywater.
G. The Board shall determine pilot project criteria and establish a process for the consideration of proposals. The proposals for pilot projects shall be considered on a statewide competitive basis. The Board shall promulgate rules for the operation of the projects.
Added by Laws 2008, c. 331, § 2, eff. July 1, 2008. Amended by Laws 2012, c. 274, § 3, eff. Nov. 1, 2012. Renumbered from § 1088.1 of this title by Laws 2012, c. 274, § 5, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1101. Definitions.

As used in Sections 2 to 14, inclusive, of this act:
(a) "Port authority" means a port authority created pursuant to authority of Section 2 of this act.
(b) "Submerged lands" means the lands presently underlying the navigable streams of the State of Oklahoma and the lands underlying the waters of lakes, harbors, and navigation channels which have already been or which shall be created by the impoundment of the waters and the creation of commercial navigation facilities in the said navigable streams.
(c) "Uplands" means lands contiguous to or fronting upon any submerged lands in this state.
(d) "Publication" means publication once a week on the same day of the week for three (3) consecutive weeks in a newspaper of general circulation in the county or counties wherein such publication is required to be made. Publication shall be complete on the date of the last publication.
(e) "Created," as related to port authorities, shall mean the activation of said authorities by ordinance or resolution as provided herein.
Laws 1959, p. 391, § 1; Laws 1963, c. 305, § 1.