reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.9B. Moratorium on municipalities and other political subdivisions - Prohibition of contract or agreement for use of groundwater from sensitive sole source groundwater basin.

A. A moratorium is hereby established on any municipality or other political subdivision of this state prohibiting any such entity from entering into a contract or other agreement which would lead to municipal or public water supply use of groundwater from a sensitive sole source groundwater basin as defined in Section 1 of this act. Said moratorium shall apply only to municipalities or political subdivisions which are located outside of any county that overlays in whole or in part said basin or subbasin.
B. Said moratorium shall be in effect until such time as the Oklahoma Water Resources Board conducts and completes a hydrological study and approves a maximum annual yield that will ensure that any permit for the removal of water from a sensitive sole source groundwater basin will not reduce the natural flow of water from springs or streams emanating from said basin or subbasin.
Added by Laws 2003, c. 365, § 2.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.10. Temporary or special permits - Limited quantity groundwater permits.

A. The procedures provided for in this chapter for the granting of regular permits shall be applicable to the granting of temporary or special permits except that the determination of the maximum annual yield shall not be a condition precedent. Provided a provisional temporary permit for water may immediately be granted upon administrative approval by the Oklahoma Water Resources Board. This permit will not be effective for a period of more than ninety (90) days.
B. The Executive Director of the Board may administratively issue permits to use limited quantities of groundwater. Notice, procedures and the maximum groundwater quantity authorized for limited quantity groundwater permits shall be in compliance with rules promulgated by the Board. In no event shall the maximum quantity of water authorized in a limited quantity groundwater permit exceed the amount that would otherwise be allocated by this chapter.
Added by Laws 1972, c. 248, § 10, eff. July 1, 1973. Amended by Laws 1977, c. 23, § 1, emerg. eff. April 22, 1977; Laws 1993, c. 164, § 15, emerg. eff. May 10, 1993; Laws 1996, c. 329, § 4, emerg. eff. June 12, 1996.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.12. Report of water used.

A. Holders of permits shall be required to report to the Oklahoma Water Resources Board annually their use of water pursuant to their permits. Willful failure to report annual usage may result in cancellation of the permit by the Board upon proper notice and hearing as provided in the Administrative Procedures Act.
B. Holders of permits which use groundwater in connection with an animal feeding operation which houses swine and primarily uses a liquid waste management system where animals are primarily housed in a roof-covered structure shall be required to indicate such use in their annual water use report. Such holders shall also indicate whether or not the animal feeding operation is licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act.
C. The Board shall notify the State Department of Agriculture of the names and addresses of all permit holders who report usage of groundwater in connection with an animal feeding operation which houses swine and which primarily uses a liquid waste management system where animals are primarily housed in a roof-covered structure and who are not licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act.
Added by Laws 1972, c. 248, § 12, eff. July 1, 1973. Amended by Laws 1998, c. 404, § 20, eff. Aug. 1, 1998.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.14. Prior use of groundwater.

Nothing in this act shall be construed to deprive any person of any right to the use of ground water in such quantities and amounts as were used or were entitled to be used prior to the enactment hereof. Any person having the right to place ground water to beneficial use prior to the effective date of this act shall have the right to bring his use under the provisions of this act. Determinations of prior rights to the use of groundwater made by the Board pursuant to Board rules and regulations are hereby validated.
Laws 1972, c. 248, § 14, eff. July 1, 1973.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.17. Spacing rules.

The Board may promulgate rules under Article I of the Administrative Procedures Act which establish a proper spacing of wells which, in its judgment, is necessary to an orderly withdrawal of water in relation to the allocation, by regular permits and temporary permits, of water to the land overlying the basin or subbasin. The Board shall conduct at least one public hearing at a location within or in close proximity to each major basin or subbasin before adopting rules establishing well spacing for such basin or subbasin.
Added by Laws 1972, c. 248, § 17, eff. July 1, 1973. Amended by Laws 1995, c. 112, § 3, eff. Nov. 1, 1995; Laws 2018, c. 203, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.18. Location exceptions.

When it is shown in an individual proceeding that to require the drilling of a well at the prescribed location should be inequitable or unreasonable and that criteria and conditions established by the Board in rules are met, the Board shall authorize a well location exception and permit the well to be drilled and completed at a location which varies from that previously established. Rules promulgated by the Board shall establish the criteria and conditions under which location exceptions may be authorized. Criteria and conditions for location exceptions may include, but are not limited to, compliance with terms to prevent unreasonable impact on other wells, which terms may include the rate and timing of withdrawal, the level of perforating and the level of sealing the well.
Added by Laws 1972, c. 248, § 18, eff. July 1, 1973. Amended by Laws 1995, c. 112, § 4, eff. Nov. 1, 1995; Laws 2018, c. 203, § 4, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.19. Metering of wells.

Upon request of a majority of the landowners residing within a basin or subbasin, the Board is authorized to require that water wells be metered and that such meters as the Board shall approve be utilized by the applicant and placed under seal, subject to reading by the agents of the Board at any time. The Board may also require that the applicant report the reading of such meters at reasonable intervals.
Added by Laws 1972, c. 248, § 19, eff. July 1, 1973.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.20. Unitizing and communitizing of land for water production purposes.

The owners of land and the Commissioners of the Land Office are authorized to unitize and communitize lands for the purpose of production of water therefrom; provided, the production therefrom does not exceed the maximum annual yield.
Added by Laws 1972, c. 248, § 20, eff. July 1, 1973.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.21. Wells within municipalities.

A municipality has the authority to regulate or permit the drilling of domestic and industrial water wells within its corporate limits. A municipality may use the water allocated to the platted land within its corporate limits provided the municipality can make water available to the platted land, and a permit therefor is obtained from the Oklahoma Water Resources Board. Wells may be located within its corporate limits or outside the corporate limits.
Added by Laws 1972, c. 248, § 21, eff. July 1, 1973. Amended by Laws 2021, c. 119, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.22. Violations.

A. Except as otherwise provided by subsection C of this section, any person who, after notice from the Oklahoma Water Resources Board, violates or refuses or neglects to comply with any provision of Sections 1020.1 through 1020.21 of this title, or any permit condition, or of any rule or regulation promulgated by the Board pursuant thereto, or who commits waste as defined in Section 1020.15 of this title shall be subject to administrative penalties issued by the Board. Said penalties shall not exceed Five Thousand Dollars ($5,000.00) per day for each violation and each day such violation continues shall constitute a separate violation. Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties.
B. In addition to administrative penalties, except as otherwise provided by subsection C of this section, any person who, after notice from the Board, violates or refuses or neglects to comply with any provision of Sections 1020.1 through 1020.21 of this title, or of any rule or regulation promulgated by the Board pursuant thereto, or who commits waste as defined in Section 1020.15 of this title shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00) for each offense. Any person who, after notice that he or she is in violation thereof continues to violate any provision of Sections 1020.1 through 1020.21 of this title, and fails to comply therewith within a reasonable length of time, is guilty of a separate offense for each day the violation continues.
C. Any person causing pollution of the groundwater or placing or causing to be placed waste in a location where it is likely to cause pollution of the groundwater shall be subject to the Oklahoma Environmental Quality Code.
Added by Laws 1972, c. 248, § 22, eff. July 1, 1973. Amended by Laws 1993, c. 145, § 323, eff. July 1, 1993; Laws 2022, c. 218, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.23. Taking and using marginal water to augment water supply.

A. The ability to take and use marginal water has the potential to augment water supply in many areas of Oklahoma. Therefore, the taking and use of marginal water in accordance with the Oklahoma Groundwater Law and the rules of the Oklahoma Water Resources Board shall be considered a beneficial use and not waste. Except as provided for in this section and Sections 1020.15 and 1020.16 of Title 82 of the Oklahoma Statutes, the provisions of this act shall not apply to the taking and use of marginal water.
B. The Oklahoma Water Resources Board shall promulgate and implement rules for the taking and use of marginal water, including the well construction standards, well spacing, and water use reporting. Rules related to well construction standards shall ensure that the taking and use of marginal water shall not impair any fresh water basins, and shall include, but not be limited to, the rate of withdrawal, the level of perforating and the level of sealing the well.
C. Any use of marginal water under this section is in addition to any domestic use authorized under Section 1020.3 of Title 82 of the Oklahoma Statutes or any other use authorized pursuant to a permit issued under Section 1020.11 of Title 82 of the Oklahoma Statues.
Added by Laws 2019, c. 508, § 2, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 1021.1 of this title to avoid a duplication in numbering.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1021.2. Definitions.

As used in this act:
1. "Board" means the Oklahoma Water Resources Board;
2. "District" means a groundwater irrigation district;
3. "District board" means the board of a groundwater irrigation district; and
4. "Permit holder" means a person who possesses a permit to use groundwater as provided for in Section 1020.11 of Title 82 of the Oklahoma Statutes.
Added by Laws 2019, c. 324, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1021.3. Petition to organize a groundwater irrigation district – Composition of districts.

A. If ten individual permit holders in a proposed groundwater irrigation district desire to provide for the betterment of and the assistance and procurement of conservation grant funding for groundwater irrigation of such irrigable lands, the holders may propose the organization of a groundwater irrigation district by petition pursuant to this act.
B. Groundwater irrigation districts shall be comprised of a whole county or whole counties adjacent to one or the other but shall only include permit holders who desire to participate in the district. Any permit holder who does not desire to participate shall not be included upon a written document stating such to the district board.
Added by Laws 2019, c. 324, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1021.4. Content of petition.

The petition shall be signed by the petitioners, filed with the county commissioners of a petitioning county and the county commissioners of a participating adjacent county within the proposed district, and shall contain the following information:
1. A specific description of the county or counties within the proposed district;
2. The names and addresses of all of the permit holders who have signed the petition within the proposed district as reflected by the permit records of the Oklahoma Water Resources Board;
3. The proposed plan of organization, operation and such additional data and information required by rules of the Board; and
4. A request that the district be organized.
Added by Laws 2019, c. 324, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1021.5. Receipt of petition – Verification – Approval of petition.

A. After receipt of the petition, the county commissioners and the county commissioners of any participating adjacent county shall:
1. Verify the authenticity of each signatory whose address is located within the county;
2. Coordinate with the Oklahoma Water Resources Board and, if necessary, the adjacent counties to verify that ten individual permit holders within the proposed district have signed the petition; and
3. If, upon 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 "____ Groundwater Irrigation District" (inserting unique name of irrigation district) 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 district under the 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 the districts have any power or authority to levy any taxes whatsoever or make any assessments on property, real or personal.
B. After the county commissioners and the county commissioners of any participating adjacent county have submitted a request for the formation of a groundwater irrigation district, each county board of commissioners shall assign members of the initial district board. A county board of commissioners shall select three members representing groundwater irrigation users within the county. If multiple counties reside within the district, each county shall have equal representation on the district board. Each of the three members of the initial district board shall be groundwater permit holders who irrigate in the county. District board members shall serve without compensation.
Added by Laws 2019, c. 324, § 5, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1021.6. Bylaws – Minimum requirements.

At the time and place established by the county commissioners and the county commissioners of any participating adjacent county for the first meeting of the initial district board, the initial district board shall adopt bylaws. In addition to any other provisions normally and properly included in bylaws, the bylaws shall, at a minimum, include provisions regarding the following:
1. Establishing the district's name and principal place of business;
2. Requiring an annual meeting of the district board and providing that a notice of such annual meeting be given, not less than fifteen (15) days prior to the annual meeting, in newspapers that are published in counties within the district. If no newspaper is published in the county, the notice shall be posted in three public places in the county, one of which shall be the county courthouse; and
3. Requiring that the initial district board pursuant to the provisions of this section shall:
a.
establish the composition of the district board, qualifications of the members and a process to elect a board of directors within one (1) year of the approval of the district by the Oklahoma Water Resources Board,
b.
set the district board members' terms of office, and
c.
elect a district board member as director of the district.
Added by Laws 2019, c. 324, § 6, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1084.1. Waters of state - Public policy.

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, it is hereby declared to be the public policy of this state to conserve and utilize the waters of the state and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; and to cooperate with other agencies of this state, agencies of other states and the federal government in carrying out these objectives.
Added by Laws 1993, c. 145, § 317, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1084.2. Definitions.

Wherever used in this title the following terms shall have the respective meanings hereinafter set forth or indicated, unless the context otherwise requires:
1. "Pollution" means contamination or other alteration of the physical, chemical or biological properties of any natural waters of the state, or such discharge of any liquid, gaseous or solid substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
2. "Wastes" means industrial waste and all other liquid, gaseous or solid substances which may pollute or tend to pollute any waters of the state.
3. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof.
4. "Person" means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity.
5. "Board" means the Oklahoma Water Resources Board.
Added by Laws 1972, c. 242, § 1. Amended by Laws 1993, c. 145, § 318, eff. July 1, 1993. Renumbered from § 926.1 of this title by Laws 1993, c. 145, § 361, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.2A. Temporary employees.

A. For the purposes of the Oklahoma Water Resources Board, seasonal employees employed by the Board who work less than nine hundred ninety-nine (999) hours in a twelve-month period shall be considered temporary employees and shall be unclassified. The Board may employ seasonal employees throughout the calendar year.
B. The Board, in its annual budget request, shall include a summary of the use of project labor, which shall include the number of workers employed under the provisions of this section and the total wages paid to these employees.
Added by Laws 2015, c. 391, § 3, emerg. eff. June 4, 2015.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.3. State to be divided into water districts.

The Oklahoma Water Resources Board shall, from time to time as may be necessary for the economical and satisfactory apportionment of the water, divide the state in conformity with the drainage areas, into water districts to be designated by name and to comprise, as far as possible, one or more distinct stream systems in each district. The districts may be changed from time to time as may in its opinion be necessary for the economical and satisfactory apportionment of the water.
Added by Laws 1972, c. 253, § 3.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.4. Fixing of fees - Schedule.

The Oklahoma Water Resources Board shall prepare and charge a schedule of reasonable fees for services rendered. The fee for the annual groundwater permit administration for the submittal of water use reports shall not exceed Twenty-five Dollars ($25.00) per permit. The Board may assess a late fee not to exceed Twenty-five Dollars ($25.00) for annual groundwater use reports filed after the due date.
Added by Laws 1972, c. 253, § 4. Amended by Laws 2011, c. 260, § 1.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.5. Account book.

The Oklahoma Water Resources Board shall keep an account of all fees in a book provided for that purpose, showing the amount charged and the amount received, from whom and for what purpose, and the date thereof. The totals for each month shall, at the close thereof, be legibly and correctly entered in said book opposite the month during which the same have been collected or charged, showing the amount charged, the amount received and the amount remaining due and unpaid.
Added by Laws 1972, c. 253, § 5.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.7. Oklahoma Water Resources Board Fee Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the "Oklahoma Water Resources Board Fee Revolving Fund". The fund shall be a continuing fund for direct and indirect costs of enforcement and administration of the water duties of the Oklahoma Water Resources Board. The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all monies collected by the Oklahoma Water Resources Board for water-related fees. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted for the purpose of duties imposed upon the Oklahoma Water Resources Board.
Added by Laws 1972, c. 253, § 7. Amended by Laws 1979, c. 47, § 108, emerg. eff. April 9, 1979; Laws 1993, c. 145, § 324, eff. July 1, 1993; Laws 2011, c. 311, § 1; Laws 2012, c. 304, § 1065; Laws 2018, c. 214, § 1, eff. July 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.7A. Community Water Infrastructure Development Revolving Fund

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the "Community Water Infrastructure Development Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Water Resources Board from the apportionment of gross production tax revenues as prescribed by Section 1004 of Title 68 of the Oklahoma Statutes.
C. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Water Resources Board for the purpose of establishing and maintaining critical water infrastructure in all areas of the state, including projects to implement the recommendations of the Oklahoma Comprehensive Water Plan.
D. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2006, 2nd Ex. Sess., c. 43, § 4, eff. July 1, 2006. Amended by Laws 2009, c. 305, § 4, eff. July 1, 2009; Laws 2012, c. 304, § 1066; Laws 2016, c. 226, § 3.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.7B. OWRB Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the “OWRB Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all monies collected by the Oklahoma Water Resources Board which are not otherwise designated. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Water Resources Board for the purpose of duties imposed upon the Oklahoma Water Resources Board by law.
Added by Laws 2011, c. 311, § 2.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.7C. Phase II Arbuckle-Simpson Hydrology Study Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the "Phase II Arbuckle-Simpson Hydrology Study Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Water Resources Board from the appropriations, apportionments, donations, federal grants and fee revenues designated for the purposes of completing in coordination with relevant state and federal agencies, specifically including the United States Geological Survey, data collection and development of an enhanced hydrologic framework and modeling of the eastern Arbuckle-Simpson Groundwater Basin necessary for purposes of implementing the requirements of subsection A of Section 1020.9 of Title 82 of the Oklahoma Statutes, or as otherwise appropriate for the Board's performance of its lawful function, which work is necessary for completion of Phase II of the Arbuckle-Simpson Hydrology Study.
C. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Water Resources Board for the purpose of implementing Phase II of the Arbuckle-Simpson Hydrology Study. The Board shall coordinate with East Central University and the United States Geological Survey for the purpose of defining the study scope and conducting the work necessary to complete data collection and the development of an enhanced hydrologic framework and modeling of the eastern Arbuckle-Simpson Groundwater Basin necessary for purposes of implementing the requirements of subsection A of Section 1020.9 of Title 82 of the Oklahoma Statutes, or as otherwise appropriate for the Board's performance of its lawful function. The Board may coordinate with other relevant state and federal agencies necessary for the purposes of this fund.
D. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2019, c. 255, § 1, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.9. Penalties.

If any employee of the Oklahoma Water Resources Board shall fail to make his quarterly report to the Auditor of Oklahoma as provided herein, or shall wilfully make any false entry or statement therein, or shall fail to report all fees collected by the Oklahoma Water Resources Board or its clerks, or shall fail or refuse to pay into the State Treasury all monies received by the Oklahoma Water Resources Board or its clerks, as fees during each quarter, shall be guilty of a misdemeanor, and shall upon conviction be fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00).
Added by Laws 1972, c. 253, § 9.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.10. Procedures and appeals.

In the exercise of all powers and performance of all duties provided in this act, the Oklahoma Water Resources Board shall comply with the procedures provided in the Administrative Procedures Act. Appeals shall be taken as provided in said act. The Oklahoma Water Resources Board may designate a hearing examiner or examiners who shall have the power and authority to conduct such hearings in the name of the Oklahoma Water Resources Board at any time and place subject to the provisions of this section and any applicable rules, regulations or orders of the Oklahoma Water Resources Board.
Added by Laws 1972, c. 253, § 10.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.11. Compilation, indexing and publishing of data.

The Oklahoma Water Resources Board shall compile, index and publish all available data concerning the water resources of this state in forms that will be accessible for use by any citizen of this state. Such information shall include rainfall reports and other precipitation data; records of public and private water storage facilities; data on quantity and rate of stream flow; locations of natural and artificial springs; data on water insoak and runoff; extent and depth of underground water reservoirs; reports from well-drilling logs; reports on quality of water found in various parts of Oklahoma; and an up-to-date compilation of all Oklahoma Statutes, rules and regulations pertaining to the conservation, storage, use and distribution of water resources.
Laws 1972, c. 253, § 11.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.12. Executive Director - Qualifications - Powers and duties.

A. The Oklahoma Water Resources Board shall appoint an Executive Director, who shall have had at least six (6) years practical and administrative experience in water resource management and fix his or her duties and compensation. The Board is specifically authorized to delegate to such Executive Director such of its powers and duties as it may deem proper, including powers and duties involving the exercise of official discretion. The authority hereby granted to the Board to delegate powers and duties to the Executive Director shall extend to any powers and duties given or transferred to the Board under this title, or under any other law conferring powers or imposing duties upon the Board, and shall also extend to any powers conferred or duties imposed upon the Board by any future law, unless any law expressly negates the authority to make such delegation. Any other part of this title, or any other law granting authority to the Board to delegate any powers or duties, shall not be deemed to be a limitation upon the authority conferred by this section. The Executive Director shall exercise any such delegated powers and perform such delegated duties, in accordance with any rules, regulations or orders made by the Board which are applicable thereto. Provided, however, the Board shall not delegate to such director any power of determining policy, the execution of any contract or the final adjudication of any claims, applications or controversies, all of which powers and duties shall be exercised solely by the Board.
B. In addition to the powers and duties specified in subsection A of this section, the Executive Director shall have the power and duty to issue temporary permits and regular permits excluding all permits from sensitive sole source aquifers that meet all the requirements of Titles 27A and 82 of the Oklahoma Statutes and other considerations required by law and that have not been the subject of a protest from an interested party.
Added by Laws 1972, c. 253, § 12. Amended by Laws 2021, c. 467, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.12a. Executive Director of the Oklahoma Water Resources Board; absence or vacancy.

For intrastate or interstate compacts or commissions on which the Executive Director of the Oklahoma Water Resources Board is a member or otherwise is required to perform specified services, the Executive Director, in the event of the Executive Director's temporary absence, may delegate the exercise of such powers and duties to a designee during the Executive Director's absence. In the event of a vacancy in the position of Executive Director, the Board may designate an interim or acting Commissioner and designee who is authorized to exercise such powers and duties until a permanent Executive Director is employed.
Added by Laws 1994, c. 32, § 2, emerg. eff. April 11, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.14. Continuing study of water laws - Recommendations and proposals.

In addition to its other powers, the Oklahoma Water Resources Board is authorized and directed, within the limits of funds available to it, to engage in a continuing study of the water laws of this state, and of changes therein required in order to carry out to the greatest practicable extent the policies, goals, objectives and recommendations contained in the "Oklahoma Comprehensive Water Plan" and to make recommendations and prepare proposed legislation for such purposes. Such recommendations and proposed legislation shall, as they are completed, be filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Laws 1972, c. 253, § 14; Laws 1981, c. 113, § 1; Laws 1981, c. 272, § 40, eff. July 1, 1981.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.16. Savings clause.

If any water distribution systems or districts or county water improvement districts have ever been formed, any easements or property are transferred to the Oklahoma Water Resources Board for release of easements. All districts heretofore formed pursuant to the provisions of Sections 281 through 447, inclusive, in Title 82 of the Oklahoma Statutes, shall have the right to continue to operate pursuant to said statutes. The property and easements of those districts heretofore formed pursuant to said laws, but which are inactive, are hereby transferred to the board of county commissioners of the county wherein such easements or property are located; and, the board of county commissioners of said county shall have the right to maintain or release said easements or dispose of said property as provided by law.
Added by Laws 1972, c. 253, § 16.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.17. State policy - Purpose.

It is hereby declared to be the policy of the State of Oklahoma to encourage and promote the optimum development and utilization of all feasible reservoir sites or areas within this state which may be suitable and usable for the conservation storage of the waters of this state by the construction or enlargement of dams, reservoirs or other structures. It is the purpose of this act to provide or assist in providing for the acquisition, development and utilization of storage and control facilities of the waters of this state for the use and benefit of the public and for the conservation and distribution of water for useful purposes in or from reservoirs or other storage facilities constructed, or hereafter constructed, modified or enlarged, within the State of Oklahoma by the United States of America or the State of Oklahoma or any agency, department, subdivision or instrumentality thereof, for the following and specific reasons and benefits for the general welfare and the future economic growth of the state:
1. Multiple-purpose dam and reservoir sites are very limited in number and not replaceable.
2. Water management in Oklahoma requires the storage of water during periods of surplus supply for use during periods of short supply.
3. Most reservoir sites in Oklahoma will have a useful life of seventy-five to several hundred years. Therefore, it is imperative that the reservoir sites be developed to the full potential of the site and the net water yield of the drainage area after all present and future needs and beneficial uses of water are satisfied above said site.
4. The conservation of soil and water in Oklahoma requires the continuation of watershed protection and flood prevention programs on an accelerated priority basis with consideration given to future water needs of the area.
Added by Laws 1972, c. 253, § 17.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.18. Commission created - Status - Membership - Expenses.

There is hereby created a body corporate and politic to be known as the Water Conservation Storage Commission which may sue and be sued and plead and be impleaded. The Commission, where necessary to promote the optimum development and utilization of reservoir sites, shall have the power to acquire by purchase, gift, devise or eminent domain land and interests in land except mineral interests. The Commission is hereby constituted an instrumentality of the State of Oklahoma, and exercise by the Commission of the powers conferred by this act shall be deemed and shall be held to be an essential governmental function of the State of Oklahoma. The Commission shall be composed of the members of the Oklahoma Water Resources Board and the officers of said Oklahoma Water Resources Board shall be the officers of the Commission. The duties assigned to each member of the Commission by the provisions of this act shall be considered additional duties to those required by virtue of their membership on the Oklahoma Water Resources Board, and they shall not receive any additional compensation for the performance of the duties required by this act, except that they shall be entitled to their actual expenses incurred, and reimbursement for such expenses shall be paid out of the funds available for the operation of their department, on the same basis as now provided by law.
Added by Laws 1972, c. 253, § 18.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.19. Meetings - Quorum - Record of proceedings.

The Commission shall meet on the call of the Commission Chairman upon five (5) days' written notice to each member from the secretary, except that a meeting may be held without notice whenever those not attending waive in writing or by telegram addressed to the secretary of the Commission their right to notice of such meeting. All meetings of the Commission shall be open to the communications media and public. Four (4) members of the Commission shall constitute a quorum and the vote of four (4) members shall be necessary for any action taken by the Commission. No vacancy in the membership of the Commission shall impair the rights of a quorum to exercise and perform all of the rights and duties of the Commission. The secretary of the Commission shall cause to be recorded an accurate written record of the actions and proceedings of the Commission and shall keep such records open for public inspection for as long as the Commission or any obligations thereof exist.
Added by Laws 1972, c. 253, § 19.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.20. Review of proposed projects or plans - Storage of surplus water.

It shall be the duty of the Commission to review any proposed project or plan whereby waters of this state are to be collected, stored or retained for any purpose by any dam, reservoir or other structure constructed or caused to be constructed by the United States of America or the State of Oklahoma or any agency, department, subdivision or instrumentality thereof. Whenever it is determined by the Commission after such examination, review and recommendation that there are surplus waters in excess of the present and future needs of water users of the contributing watershed available at the proposed dam and reservoir site for the full and optimum development of any dam, reservoir or other storage site or location requiring inclusion in such plan or project provisions for development of water supplies for domestic, municipal, agricultural, industrial and other purposes, then the Commission shall notify the responsible agency or department of the federal government and the agencies of the State of Oklahoma of its conclusions and request that the design and specifications of such project be constructed to include storage of such water for such uses.
Added by Laws 1972, c. 253, § 20.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.21. Agreements with federal agencies - Cost of reimbursement.

Whenever any project or plan for the construction or enlargement of any dam, reservoir or other structure includes within its design and specifications provisions for the development of water supplies for domestic, municipal, agricultural, industrial and other purposes the Commission is hereby directed to negotiate with the municipalities or other local interests of this state and its agencies and the federal government or its responsible agency, department or instrumentality for the purpose of determining the cost of reimbursing the federal government for the allocated cost of including such municipal, agricultural and industrial water storage within such construction. Any available storage for such purposes which cannot reasonably be used within the present or estimated future firm demands of local users may be contracted for by the Commission in order to assure the federal government that such added cost will be provided as authorized by federal law, and that necessary funds for any charges shall be paid by the Commission to the federal government pursuant to such contract and applicable federal law after examination and determination by the Oklahoma Water Resources Board that such charges are in harmony with existing federal law and policy at the time that the projects are built and the contracts between the Commission and the federal government are executed. In cases where all necessary costs to provide maximum conservation storage in a site cannot be contracted for between the federal government and the Commission because of limitations on the participation by the federal government, the Commission shall have the authority to provide funds covering those costs.
Added by Laws 1972, c. 253, § 21.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.22. Sale, transfer or lease of storage facilities.

For the purpose of providing water for municipal, agricultural, industrial and other uses the Commission is required to sell, transfer or lease, in whole or in part, any acquired storage facilities including land or interests therein to any municipality, industry or other local interests, upon the request of the contracting party at the conclusion of the pay-out of the storage, except that any such party requesting title shall be responsible for the pro rata part of the maintenance and operation costs of such storage. In no event shall the Commission require any payment for such transfer in excess of the costs to the Commission of the construction and operation of the storage facility and the interest on obligations of the Commission. The Commission shall not permit the sale or resale of any water for use outside the State of Oklahoma. Where lands or interest therein are acquired by the Commission and not utilized for the purposes for which it was acquired, or which have been utilized but such utilization has ceased, then, after ten (10) years from the date of acquisition, or ten (10) years from the date utilization ceased, as the case may be, such land must be sold at public auction to the highest bidder; and mandamus by any interested party will be to require such sale.
Added by Laws 1972, c. 253, § 22.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.23. Water Conservation Storage Fund - Investment certificates.

There is hereby created in the State Treasury a Water Conservation Storage Fund, which fund shall be used by the Commission for those purposes authorized by this act. To provide necessary funds the Commission is hereby authorized to issue investment certificates from time to time, as may be required, to provide an adequate amount of cash in such fund which may be necessary to meet the anticipated needs of the Commission. The Commission is authorized to provide for the payment of such investment certificates and the rights of the holders thereof, as hereinafter provided. Said investment certificates may be issued in one or more series; may be sold in such manner and at par; may bear such date or dates; may mature at such time or times, not to exceed fifty (50) years from their date; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration or conversion privileges; may be executed in such manner; may be payable in such medium of payments, at such place or places; may be subject to such term of redemption, with or without premium; and may bear such rate or rates of interest as may be provided by resolution or resolutions to be adopted by the Commission. Such investment certificates shall have all of the qualities and incidents of negotiable paper, and shall not be subject to taxation by the State of Oklahoma, or by any county, municipality or political subdivision therein. All investment certificates maturing after ten (10) years from their dates shall be subject to call and redemption, in inverse order of maturity and investment certificate numbers, at par and accrued interest, the detailed provisions for such call and redemption to be fixed by the Commission in the resolution or resolutions authorizing the issuance of said investment certificates.
The investment certificates issued hereunder shall not be an indebtedness of the State of Oklahoma or of the Commission herein, but shall be special obligations payable solely from the revenues to be derived from the sale of storage, and the Commission is authorized and directed to pledge all or any part of such revenues to the payment of principal and interest on the investment certificates and to create a reserve for such purposes.
Added by Laws 1972, c. 253, § 23.