reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-867. Officers and employees to have no interest in contracts - Fine.

No director, officer, agent, or employee of the district shall be directly or indirectly interested in any contract for the purchase of any property or construction of any work by or for the district, and if any such person shall be or become so interested in any such contract, he shall be guilty of a felony and, on conviction thereof shall be subject to a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00) or to confinement in the county jail for not less than one (1) year nor more than ten (10) years, or both.
Added by Laws 1935, p. 354, § 7. Amended by Laws 1997, c. 133, § 594, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 430, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 594 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-868. Board authorized to fix and collect rates and charges - State's power to fix charges not to impair contracts.

The board shall establish and collect rates and other charges for the sale or use of water, water connections, power, electric energy or other services sold, furnished, or supplied by the district which fees and charges shall be reasonable and nondiscriminatory and sufficient to produce revenue adequate:
(a) To pay all expenses necessary to the operation and maintenance of the properties and facilities of the district;
(b) To pay the interest on and principal of all debt issued under Section 861 et seq. of this title when and as the same shall become due and payable;
(c) To pay all sinking fund and/or reserve fund payments agreed to be made in respect of any such debt, and payable out of such revenues, when and as the same shall become due and payable;
(d) To fulfill the terms of any agreements made with the holders of such bonds and/or with any person in their behalf; and
(e) To pay any other amounts that the district is required to pay by law or contract.
Out of the revenues which may be received in excess of those required for the purposes specified in subparagraphs (a), (b), (c), (d) and (e) above, the board shall establish a reasonable depreciation and emergency fund, and retire (by purchase and cancellation or redemption) bonds issued under Section 861 et seq. of this title, or apply the same to any corporate purpose. It is the intention of the Grand River Dam Authority Act that the rates and charges of the district shall not be in excess of what may be necessary to fulfill the obligations imposed upon it by the Grand River Dam Authority Act.
Nothing herein shall be construed as depriving the State of Oklahoma of its power to regulate and control fees and/or charges to be collected for the use of water, water connections, power, electric energy, or other services, provided, that the State of Oklahoma does hereby pledge to and agree with the purchasers and successive holders of the bonds issued hereunder that the state will not limit or alter the power hereby vested in the district to establish and collect such fees and charges as will produce revenues sufficient to pay the items specified in subparagraphs (a), (b), (c), (d) and (e) of this section, or in any way to impair the rights or remedies of the holders of the bonds, or of any person in their behalf, until the bonds, together with the interest thereon, with interest on unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and all other obligations of the district in connection with such bonds are fully met and discharged.
Added by Laws 1935, p. 354, § 8. Amended by Laws 2019, c. 507, § 9, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-869. Sources for payment of obligations of district.

A. Any and every indebtedness, liability or obligation of the district, for the payment of money, however entered into or incurred, and whether arising from contract, implied contract or otherwise, shall be payable solely (1) out of the revenues received by the district in respect of its properties, or other accounts held for the payment and security thereof, subject to any prior lien thereon conferred by any resolution or resolutions theretofore adopted as in Section 861 et seq. of this title provided, authorizing the issuance of bonds or (2), if the Board shall so determine out of the proceeds of sale or issuance by the district of bonds or bond anticipation notes payable solely from such revenues or such other amounts, or such credit or liquidity support as may be obtained by the district for such purposes, repayable solely from such revenues or other amounts.
B. Notwithstanding the provisions of this section, the district is hereby authorized to accept state appropriations to pay any lease-purchase obligations for property purchased from the sale of bonds as provided by law in Section 301 et seq. of Title 73 of the Oklahoma Statutes.
Added by Laws 1935, p. 354, § 9. Amended by Laws 1981, c. 204, § 14, emerg. eff. May 26, 1981; Laws 2001, c. 71, § 1, emerg. eff. April 10, 2001; Laws 2019, c. 507, § 10, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-870.1. Bond anticipation notes.

Whenever the board shall have adopted a resolution authorizing the issuance of any series of bonds thereunder but prior to the time the bonds can be delivered the board finds it necessary to borrow money for the purpose for which the bonds were authorized, the board may, by appropriate resolutions and subject to all other provisions of Sections 861 through 889 of this title, authorize the borrowing of money in anticipation of the issuance of the bonds, and the issuance of notes of the board to evidence such borrowing. The amount so borrowed shall not exceed the principal amount of the bonds and shall not bear interest at a rate exceeding the allowable interest rate of the bonds. Such notes shall be signed in the manner prescribed by the board and shall be made payable at such times as the board may prescribe not later than five (5) years from their respective dates and may be renewed from time to time by the issuance of new notes hereunder. The proceeds of any loan made under this section shall be devoted exclusively to the purposes for which the bonds shall have been authorized and the notes and the interest thereon shall be paid with the proceeds of the bonds or any legally available funds simultaneously with the delivery of the bonds. If for any reason the bonds shall not be issued, the holder or holders of the notes shall be entitled to all rights which would have been enjoyed by the holders of the bonds had they been issued, and the notes shall be paid from the revenues provided for the payment of the bonds and shall be entitled to the benefit of all covenants, agreements and rights appearing in the resolution authorizing the bonds for the benefit of the bonds.
Added by Laws 1977, c. 24, § 2, emerg. eff. April 25, 1977. Amended by Laws 2019, c. 507, § 12, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-872. District to establish rules and regulations concerning labor and materials - Authority to request aid of United States engineers.

The district may, but without intending by this provision to limit any powers of the district as granted to it by this act, enter into and carry out such contract, or establish or comply with such rules and regulations concerning labor and materials and other related matters in connection with any project or projects as the District may deem desirable or as may be requested by the United States of America, or any corporation or agency created, designated or established thereby, which may assist in the financing of any such project or projects. The district shall have the authority to request engineering aid of the Corps of Engineers of the United States Army, the Federal Power Commission, or any other federal agency, in the designing and construction of any project authorized under the terms of this act and to use such aid, if and when offered, and to pay any reasonable cost therefor.
Laws 1935, p. 357, § 12.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-873. District authorized to purchase, fund or refund bonds, etc. - Interest rate swaps and other financial instruments.

A. The Grand River Dam Authority is hereby authorized to fund and refund any and all lawful obligations and any and all revenue bonds issued, or contracted to be sold, by it by the issuance of new revenue bonds, or from the proceeds of sale of new revenue bonds, or by the exchange of new revenue bonds and to renegotiate any agreement of indenture whereunder said obligations or revenue bonds authorized to be funded and refunded hereby may be outstanding, or contracted, but any new revenue bonds issued, exchanged or sold to fund or refund the outstanding obligations and revenue bonds and all agreements and indentures providing for the payment and securing thereof shall conform to the provisions of the Grand River Dam Authority Act, as amended; provided, that no outstanding obligations or revenue bonds shall be funded or refunded or exchanged on the basis of a price in excess of principal, accrued interest, redemption premium, or charges in excess of those provided by the obligations or revenue bonds or the indenture or agreement whereunder issued or incurred, plus the necessary and reasonable costs of funding, refunding or exchange thereof; provided, further that said Authority shall have the power to purchase any revenue bonds issued, or contracted to be issued, by it at a price not exceeding the redemption price applicable at the time of purchase thereof, or, if no redemption price is fixed, then at principal plus accrued interest, from any funds available and provided for the payment of the revenue bonds.
B. The Authority is further authorized to enter into interest rate swaps and other derivative products, and other financial instruments intended to hedge interest rate risk or manage interest rate costs, including any option to enter into or terminate any of them, that the Authority deems to be necessary or desirable in connection with any bonds issued prior to, at the same time as, or after entering into such arrangement, and containing such terms and provisions, and may be with such parties, as determined by the Authority. Provided, any action taken by the Authority pursuant to this subsection must first be approved by the Office of the State Bond Advisor and the Council of Bond Oversight pursuant to the provisions of the Oklahoma Bond Oversight and Reform Act.
Added by Laws 1935, p. 357, § 13. Amended by Laws 1945, p. 409, § 1; Laws 1949, p. 640, § 5; Laws 2007, c. 192, § 2; Laws 2019, c. 507, § 13, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-874.2. Licenses for real property encroachment.

The Grand River Dam Authority is hereby authorized in its discretion to issue licenses to encroach upon real property owned by the Authority to adjacent property owners for structures built upon the real property prior to June 1, 2005. The Authority shall receive from the licensee for any license issued pursuant to this section the fair market value of the unimproved land and any administrative costs, including appraisals or surveys, required by the Authority.
Added by Laws 2005, c. 234, § 6, emerg. eff. May 26, 2005.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-876. Bonds exempted from taxation except inheritance taxes - Bonds and securities.

All bonds and the interest thereon issued pursuant to the provisions of this act shall be exempt from taxation, except inheritance taxes, by the State of Oklahoma or by any municipal corporation, county or other political subdivision or taxing district of the state.
Bonds issued under the provisions of this act are hereby made securities in which all public officers and public bodies, agencies and instrumentalities of the state and its political subdivisions, all banks, trust companies, trust and loan associations, investment companies, and others carrying on a banking business, and all insurance companies and insurance associations, and others carrying on an insurance business, may legally and properly invest funds including capital in their control or belonging to them. Such bonds are also approved as collateral security for the deposit of any public funds and for the investment of trust funds.
Laws 1935, p. 358, § 16; Laws 1981, c. 204, § 19, emerg. eff. May 26, 1981.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-877. Act to constitute only authority for bond issues - Other acts inapplicable.

This act without reference to other statutes of the State of Oklahoma shall constitute full authority for the authorization and issuance of bonds, hereunder, and no other act or law with regard to the authorization or issuance of obligations or the deposit of the proceeds thereof, or in any way impeding or restricting the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
Laws 1935, p. 358, § 17.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-887. Waters of Grand River and reservoirs thereon as nonnavigable and waters of State of Oklahoma.

That the waters of Grand River in Oklahoma and the Pensacola and Markham Ferry Reservoirs, located thereon, be and are hereby determined and declared to be non-navigable and waters of the State of Oklahoma.
Laws 1963, p. 759, H.J.R.No.548, § 1.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-888. Distribution of copies of resolution.

That a copy of this resolution be transmitted to the President of the United States, the Secretary of the United States Senate and the Clerk of the House of Representatives of the United States, and to each member of Congress, from the State of Oklahoma and to the Commandant of the United States Coast Guard, Washington, D.C.
Laws 1963, p. 759, H.J.R.No.548, § 2.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-889. Permits for maintaining docks, wharves, vessels, etc. - Limitation - Rules.

The Grand River Dam Authority shall issue no permit for any dock, wharf, landing, boathouse or for any houseboat, vessel or other floating structure of a stationary or semistationary nature and no permit heretofore issued shall be valid unless said dock, wharf, landing, boathouse or such stationary or semistationary houseboat, vessel or other floating structure of any nature shall be securely attached to the shorelands adjacent to the water's edge by means of suitable cables or metal stiff-arms as approved by the Authority. Said cables or stiff-arms and any walkway extending to the shorelands shall conform to the rules promulgated by the Authority.
Laws 1971, p. 1040, H.J.R. No. 1029, § 1, emerg.eff. June 17, 1971; Laws 2005, c. 234, § 7, emerg. eff. May 26, 2005.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-890. Control of segment of Grand River downstream from Fort Gibson Dam.

The Grand River Dam Authority shall have no control over that portion of the Grand River downstream from Fort Gibson Dam to the point of confluence of the waters of the Grand River with those of the Arkansas River.
Added by Laws 1975, c. 108, § 1, emerg. eff. May 6, 1975.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-895. Certain municipal annexations prohibited.

Municipalities are prohibited from annexing property which is covered by any body of water subject to the control of the Grand River Dam Authority or from annexing any property located within one thousand (1,000) feet of the high water mark of such body of water, without prior approval of the Grand River Dam Authority Board of Directors. Provided, however, municipalities may annex property by crossing a body of water if the property has been improved with a bridge or similar permanent structure.
Added by Laws 1997, c. 240, § 5, emerg. eff. May 23, 1997. Amended by Laws 2003, c. 459, § 7.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.2. Fees for use of flotation devices upon scenic rivers.

A. Effective January 1, 2017, the Grand River Dam Authority is authorized to set a daily, multiday or annual fee for the use of a commercially or privately owned flotation device to float upon designated scenic rivers. Landowners located immediately adjacent to the designated scenic river shall not be required to pay any fee for private use as authorized by this section or otherwise by law.
B. The Grand River Dam Authority is authorized to promulgate rules establishing an online payment system or any other means by which the public may conveniently purchase permits for the operation of a flotation device upon designated scenic river areas as authorized by this section.
C. In the interest of public safety, the Grand River Dam Authority is authorized to promulgate rules protecting the natural resources of the scenic rivers, regulating public use areas, establishing use permits for scenic rivers, establishing licensing requirements for commercial float operators and setting fees for the issuance of the licenses. The Authority shall be the sole grantor of licenses issued pursuant to the rules.
D. With regard to all rights and authorities transferred to the Grand River Dam Authority pursuant to this section, Section 896.1 of this title and Chapter 10- and 15- rules of the Oklahoma Administrative Code 630: Scenic Rivers Commission relating to licensing, use permits and protection of natural resources, are hereby transferred to the Grand River Dam Authority to the extent the rules are consistent with state law and rules of the Authority for the purpose of implementing and enforcing the provisions of the Scenic Rivers Act.
Added by Laws 2016, c. 297, § 5, eff. July 1, 2016. Amended by Laws 2017, c. 41, § 2, eff. Jul. 1, 2017.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.3. Powers and duties for purposes of the Scenic Rivers Act

For purposes of the Scenic Rivers Act, the Grand River Dam Authority shall have additional powers and duties to:
1. Prepare, adopt and publish management plans and other documents to guide public and private activities and programs;
2. Consider and comment on public and private practices and proposed actions that may affect a scenic river;
3. Recommend standards for local government agencies whose political boundaries include all or part of a scenic river;
4. Own and control public access points for scenic rivers, and purchase easements and fee title to land along the scenic rivers for public purposes which are to be held by the Authority as an agency of the State of Oklahoma; and
5. Identify public and private nuisances that adversely affect a scenic river and take lawful action to abate nuisances.
Added by Laws 2016, c. 297, § 6, emerg. eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.4. Short title

Sections 7 through 19 of this act shall be known and may be cited as the "Scenic Rivers Act".
Added by Laws 1970, c. 68, § 1, emerg. eff. March 17, 1970. Amended by Laws 2003, c. 305, § 1, emerg. eff. May 28, 2003; Laws 2016, c. 297, § 7, eff. July 1, 2016. Renumbered from § 1451 of this title by Laws 2016, c. 297, § 24, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.5. Preservation of certain free-flowing streams and rivers - Designation of scenic river areas

The Oklahoma Legislature finds that certain free-flowing streams and rivers of Oklahoma possess such unique natural scenic beauty, water, fish, wildlife and outdoor recreational values of present and future benefit to the people of the state that it is the policy of the Legislature to preserve these areas for the benefit of the people of Oklahoma. For this purpose the following are hereby designated as scenic rivers:
1. The Flint Creek in Delaware County;
2. The Illinois River in Adair, Delaware and Cherokee Counties above its confluence with the Barren Fork Creek;
3. The Barren Fork Creek in Adair and Cherokee Counties from the present alignment of U.S. Highway 59 West to its confluence with the Illinois River;
4. The Upper Mountain Fork River above the 600-foot elevation level of Broken Bow Reservoir in McCurtain and LeFlore Counties;
5. Big Lee Creek in Sequoyah County, above the 420-foot MSL elevation; and
6. Little Lee Creek in Adair and Sequoyah Counties.
Added by Laws 1970, c. 68, § 2, emerg. eff. March 17, 1970. Amended by Laws 1974, c. 56, § 1, emerg. eff. April 13, 1974; Laws 1977, c. 6, § 1, emerg. eff. Feb. 25, 1977; Laws 1986, c. 33, § 1, emerg. eff. March 21, 1986; Laws 1988, c. 203, § 9, emerg. eff. June 10, 1988; Laws 1991, c. 7, § 2, eff. July 1, 1991; Laws 1997, c. 241, § 5, eff. July 1, 1997; Laws 2003, c. 305, § 2, emerg. eff. May 28, 2003; Laws 2016, c. 297, § 8, eff. July 1, 2016. Renumbered from § 1452 of this title by Laws 2016, c. 297, § 25, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.6. Legislative intent - Construction, operation or maintenance of dams or related projects.

A. The term "scenic river" as used in the Scenic Rivers Act is defined as a stream or river designated pursuant to Section 896.5 of this title and the public use and access areas located within or adjacent to the stream or river.
B. It is the intent of the Legislature that a stream or river designated as a scenic river shall be preserved in its free-flowing condition and shall not be impounded by any large dam or structure except as specifically authorized by the Legislature.
C. No agency or official of state government shall authorize or concur in plans of local, state or federal agencies for the construction, operation, or maintenance of any dam or related project in or adjacent to any scenic river without legislative consent, except as needed by the municipalities located in the counties or the immediate vicinity of the scenic river for their own municipal or domestic water supply if such uses and structures will not significantly interfere with the preservation of the stream as a scenic free-flowing stream.
D. It is recognized by the Legislature that an effective program for preserving the scenic beauty of the free-flowing streams and rivers designated as a scenic river area necessarily involves the cooperation and support of the people in the operating areas of a designated scenic river, as well as the people using the scenic river, and the agencies of state government administering these areas.
E. The primary purpose of the Scenic Rivers Act is to encourage the preservation of the areas designated as a scenic river area in their natural scenic state.
Added by Laws 1970, c. 68, § 3, emerg. eff. March 17, 1970. Amended by Laws 1997, c. 241, § 6, eff. July 1, 1997; Laws 2016, c. 297, § 9, eff. July 1, 2016. Renumbered from § 1453 of this title by Laws 2016, c. 297, § 26, eff. July 1, 2016; Laws 2017, c. 41, § 1, eff. Jul. 1, 2017.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.7. Acquisition, development and maintenance of public access, easements and parks - Eminent domain prohibited

In order to assist in the public use and enjoyment of the scenic rivers, the Grand River Dam Authority, the Oklahoma Tourism and Recreation Department and the Department of Wildlife Conservation may acquire, develop and maintain public access points, easements or park areas in or near scenic rivers. Such acquisitions shall be by private treaty only, and the use of the power of eminent domain for these purposes is specifically prohibited.
Added by Laws 1970, c. 68, § 4, emerg. eff. March 17, 1970. Amended by Laws 1993, c. 145, § 336, eff. July 1, 1993; Laws 1997, c. 241, § 7, eff. July 1, 1997; Laws 2016, c. 297, § 10, eff. July 1, 2016. Renumbered from § 1454 of this title by Laws 2016, c. 297, § 27, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.8. Prohibited containers - Littering - Penalties

A. The use of glass, Styrofoam or any plastic foam containers for any purpose shall be prohibited on any scenic river or on the Lower Mountain Fork River, south of the Broken Bow Lake Reregulation Dam to U.S. Highway 70. Any person found in violation of this section shall be subject to the provisions of Section 1761.1 of Title 21 of the Oklahoma Statutes.
B. Any person who deliberately places, throws, drops, dumps, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance on or near a scenic river shall be subject to the provisions of Section 1761.1 of Title 21 of the Oklahoma Statutes.
Added by Laws 1970, c. 68, § 5, emerg. eff. March 17, 1970. Amended by Laws 1988, c. 115, § 6, eff. Nov. 1, 1988; Laws 1991, c. 182, § 66, eff. Sept. 1, 1991; Laws 1997, c. 241, § 8, eff. July 1, 1997; Laws 2009, c. 6, § 1, emerg. eff. April 3, 2009; Laws 2016, c. 297, § 11, eff. July 1, 2016. Renumbered from § 1455 of this title by Laws 2016, c. 297, § 28, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.9. Property rights of private landowners

The property rights of private landowners adjacent to a scenic river are the same as in any other area of the state. The unauthorized use of private property is trespassing and is subject to the penalties provided elsewhere in the statutes for such an offense.
Added by Laws 1970, c. 68, § 6, emerg. eff. March 17, 1970. Amended by Laws 1997, c. 241, § 9, eff. July 1, 1997; Laws 2016, c. 297, § 12, eff. July 1, 2016. Renumbered from § 1456 of this title by Laws 2016, c. 297, § 29, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.11. Scenic rivers - Statement of purpose

The Legislature finds that the protection and development of the scenic rivers in the state and adjacent and contiguous lands and quality of outstanding resource waters included within each scenic river should be provided for by properly planned and executed rules promulgated by the Grand River Dam Authority. The rules promulgated by the Authority with respect to scenic rivers may address public services, land use, occupancy, structures, lot and plot sizes, density of population and other activities as required for the proper protection of the aesthetic, scenic, historic, archeologic and scientific features of the scenic rivers, or deemed necessary for the protection of the ecosystem and the environment from pollution, despoliation and destruction or waste of natural resources and all other factors adversely affecting the public health, safety and the general welfare so long as the rules comply with the exempt provisions of the Scenic Rivers Act pertaining to farming, ranching, forestry, silviculture and other agricultural uses.
Added by Laws 1977, c. 29, § 1, emerg. eff. May 3, 1977. Amended by Laws 1997, c. 241, § 12, eff. July 1, 1997; Laws 2016, c. 297, § 14, eff. July 1, 2016. Renumbered from § 1460 of this title by Laws 2016, c. 297, § 31, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.12. Construction of act

A. Nothing in the Scenic Rivers Act shall be construed to unduly restrict or adversely affect the use of property within any scenic rivers basin for farming, ranching, forestry, silviculture and other agricultural uses so long as they are not inconsistent with the purposes of the Scenic Rivers Act.
B. Present farming, ranching, forestry, silviculture and other agricultural uses and practices, including existing building and replacement structures, are hereby exempt from the provisions of the Scenic Rivers Act.
C. The Scenic Rivers Act shall not be construed in any way to affect existing rights between a landowner and utility or pipeline companies.
Added by Laws 1977, c. 29, § 5, emerg. eff. May 3, 1977. Amended by Laws 1997, c. 241, § 19, eff. July 1, 1997; Laws 2003, c. 305, § 3, emerg. eff. May 28, 2003; Laws 2016, c. 297, § 15, eff. July 1, 2016. Renumbered from § 1464 of this title by Laws 2016, c. 297, § 32, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.13. Powers of cities, incorporated towns and counties

A. All cities and incorporated towns and counties that contain all or part of a scenic river within the jurisdictional boundaries of the city, town or county are hereby invested with full power to plan, zone and enact all ordinances and regulations that are necessary and proper to carry out the purposes of the Scenic Rivers Act.
B. The cities, incorporated towns and counties shall follow their respective general procedures in the conduct of legislative functions.
C. In exercising planning and zoning functions, said cities, incorporated towns and counties shall utilize the organization and procedures available to cities and incorporated towns under the general planning and zoning laws of the state. Provided that, when a county exercises the powers provided by the Scenic Rivers Act, the board of county commissioners of that county shall perform the obligations and exercise the powers in the same manner as a local legislative body or mayor of a city, incorporated town or municipality.
Added by Laws 1977, c. 29, § 6, emerg. eff. May 3, 1977. Amended by Laws 1997, c. 241, § 20, eff. July 1, 1997; Laws 2016, c. 297, § 16, eff. July 1, 2016. Renumbered from § 1465 of this title by Laws 2016, c. 297, § 33, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.14. Authority to provide funds for the Scenic Rivers Act

Each county, city, incorporated town or other governmental entity which contains all or part of a scenic river within its jurisdictional boundaries is hereby authorized to grant or otherwise provide funds for the operation and administration of the Scenic Rivers Act.
Added by Laws 1977, c. 29, § 7, emerg. eff. May 3, 1977. Amended by Laws 1997, c. 241, § 21, eff. July 1, 1997; Laws 2016, c. 297, § 17, eff. July 1, 2016. Renumbered by § 1466 of this title by Laws 2016, c. 297, § 34, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-896.15. Violations

A. Any person who willfully violates any rule or order issued pursuant to the Scenic Rivers Act, except such rules or orders as relate solely to procedural matters, upon conviction thereof, shall be guilty of a misdemeanor.
B. In addition to other administrative actions, the Grand River Dam Authority may issue a Notice of Violation to any licensed commercial flotation device operation that is alleged to have violated any rule of the Grand River Dam Authority. The Notice of Violation shall advise the licensed operation of the applicable rule and the facts of the violation and shall set a reasonable period of time for the licensed operation to comply with the rule. After the time to comply has expired, if the licensed operation is found to still be in violation of the same rule, the Authority may issue a proposed order assessing an administrative penalty in an amount of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00). The licensed operation shall have twenty (20) days from receipt of the order to request an administrative hearing. If a hearing is not requested, the proposed order shall become final and the administrative penalty shall become due and payable.
Added by Laws 1977, c. 29, § 8, emerg. eff. May 3, 1977. Amended by Laws 1997, c. 241, § 22, eff. July 1, 1997; Laws 2016, c. 297, § 18, eff. July 1, 2016. Renumbered from § 1467 of this title by Laws 2016, c. 297, § 35, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.1. Definitions.

As used in Section 1020.1 et seq. of this title:
1. "Groundwater" means fresh water and marginal water under the surface of the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any definite stream;
2. "Domestic use" means the use of water by a natural individual or by a family or household for household purposes, for farm and domestic animals up to the normal grazing capacity of the land and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards and lawns, and for such other purposes, specified by Board rules, for which de minimis amounts are used;
3. "Major groundwater basin" shall mean a distinct underground body of water overlain by contiguous land and having substantially the same geological and hydrological characteristics and from which groundwater wells yield at least fifty (50) gallons per minute on the average basinwide if from a bedrock aquifer and at least one hundred fifty (150) gallons per minute on the average basinwide if from an alluvium or alluvium and terrace aquifer, or as otherwise designated by the Board;
4. "Subbasin" means a subdivision of a major or minor groundwater basin overlain by contiguous land and having substantially the same geological and hydrological characteristics and yield capabilities;
5. "Board" means the Oklahoma Water Resources Board;
6. "Person" means any individual, firm, partnership, association, corporation, business trust, federal agency, state agency, the state or any political subdivision thereof, municipalities, and any other legal entities;
7. "Fresh water" means water which has less than five thousand (5,000) parts per million total dissolved solids. For the purpose of Section 1020.1 et seq. of this title all other water is salt water;
8. "Commercial drilling", "commercial plugging" and "commercial installation" mean drilling or plugging and installation as a business, trade or occupation for compensation;
9. "Minor groundwater basin" means a distinct underground body of water overlain by contiguous land and having substantially the same geological and hydrological characteristics and which is not a major groundwater basin; and
10. "Marginal water" means water which has at least five thousand (5,000) and less than ten thousand (10,000) parts per million total dissolved solids.
Added by Laws 1972, c. 248, § 1, eff. July 1, 1973. Amended by Laws 1990, c. 325, § 1, emerg. eff. May 30, 1990; Laws 1993, c. 164, § 8, emerg. eff. May 10, 1993; Laws 1995, c. 112, § 5, eff. Nov. 1, 1995; Laws 2018, c. 261, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.2A. Taking and use of water from aquifers - Permits

A. The storage and recovery of water from an aquifer, pursuant to a site-specific aquifer storage and recovery plan approved by the Oklahoma Water Resources Board, shall be considered a beneficial use and not waste. Except as provided in this section and Section 1020.15 of Title 82 of the Oklahoma Statutes, the provisions of this act shall not apply to the taking and use of water stored in an aquifer pursuant to such a plan.
B. The Oklahoma Water Resources Board shall promulgate and implement rules for the taking and use of water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan, including the issuance of permits for the taking and use of such water and for the approval of such site-specific aquifer storage and recovery plans. Rules related to the approval of site-specific aquifer storage and recovery plans shall mandate, in addition to requirements necessary to demonstrate that the requested amount of stored water is available for recovery, the spacing of wells necessary to ensure that the storage and recovery of water permitted under this section shall not interfere with any domestic or permitted groundwater use in the basin.
C. A permit to take and use water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan shall only be granted if substantive evidence accompanying the application demonstrates:
1. The Oklahoma Water Resources Board has approved the site-specific aquifer storage and recovery plan;
2. The applicant has legal access to the water stored in the aquifer pursuant to the plan;
3. The applicant or its successor in interest stored or caused to be stored said water pursuant to and in compliance with any required authorization issued by the Oklahoma Department of Environmental Quality that is intended to protect water quality; and
4. The stored water is available for use in the applied for amount during the period covered by, and in the manner described in, the proposed permit.
D. Any permitted use of water stored in an aquifer 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 Statutes.
E. Any permit issued under this section shall specify the location of the permitted well or wells and other terms and conditions as specified by the Board including, but not limited to, the rate of withdrawal, the level of perforating and the level of sealing the well.
Added by Laws 2016, c. 145, § 1.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.3. Domestic use - Spacing of wells and waste.

Any landowner has a right to take ground water from land owned by him for domestic use without a permit. Wells for domestic use shall not be subject to well spacing orders, but are subject to sanctions against waste.
Added by Laws 1972, c. 248, § 3, eff. July 1, 1973.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.4. Hydrologic surveys and investigations.

A. Prior to making orders establishing the tentative maximum annual yield for major groundwater basins or subbasins therein, the Oklahoma Water Resources Board shall make hydrologic surveys and investigations.
B. Prior to making orders establishing the tentative maximum annual yield for minor groundwater basins or subbasins therein, the Board shall prepare reports using information from hydrologic surveys and investigations of groundwater basins or subbasins having substantially the same geological and hydrological characteristics and data from wells in such basin or subbasins and other relevant information.
C. The Board is authorized to cooperate with state, federal and tribal agencies engaged in similar surveys and investigations and may accept and use the findings of such agencies. At least every twenty (20) years after issuance of the final order determining the maximum annual yield, the Board shall review and update if necessary the hydrologic surveys.
Added by Laws 1972, c. 248, § 4, eff. July 1, 1973. Amended by Laws 1993, c. 164, § 9, emerg. eff. May 10, 1993; Laws 2018, c. 203, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.5. Determination of maximum annual yield.

A. After completing the hydrologic survey, the Board shall make a tentative determination of the maximum annual yield of groundwater to be produced from each ground water basin or subbasin therein. Such determination must be based upon the following:
1. The total land area overlying the basin or subbasin;
2. The amount of water in storage in the basin or subbasin;
3. The rate of recharge to the basin or subbasin and total discharge from the basin or subbasin;
4. Transmissibility of the basin or subbasin; and
5. The possibility of pollution of the basin or subbasin from natural sources.
B. The maximum annual yield of each major ground water basin or subbasin shall be based upon a minimum basin or subbasin life of twenty (20) years from the effective date of the order establishing the final determination of the maximum annual yield.
C. For minor groundwater basins or subbasins therein, the tentative determination of the maximum annual yield shall be based upon present and reasonably foreseeable future use of groundwater from such basin or subbasin, recharge and total discharge, the geographical region in which the basin or subbasin is located and other relevant factors.
Laws 1972, c. 248, § 5, eff. July 1, 1973; Laws 1993, c. 164, § 10, emerg. eff. May 10, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.6. Hearings on annual yield.

A. Once the Board has set a tentative maximum annual yield for the groundwater basin or subbasin, the Board shall call and hold hearings at centrally located places within the area of the major groundwater basin or subbasin or in the county for minor groundwater basins or subbasins. Prior to such hearings being held, the Board shall make copies of such hydrologic survey available for inspection and examination by all interested persons and, at such hearings, shall present evidence of the geological findings and determinations upon which the tentative maximum annual yield has been based. Any interested party shall have the right to present evidence in support or opposition thereto. The hearings shall be conducted pursuant to Article II of the Administrative Procedures Act.
B. Notice of such hearings shall be published in a newspaper of general circulation in each county having lands that overlie the basin or subbasin. The notice shall be published at least once per week for two (2) consecutive weeks and the last publication shall be at least thirty (30) days prior to the date of the hearing. Notice and hearing on the tentative determination of the maximum annual yield for minor groundwater basins or subbasins may be consolidated.
C. After such hearings are completed, the Board shall then proceed to make its final determination as to the maximum annual yield of groundwater which shall be allocated by regular permit to each acre of land overlying such basin or subbasin by issuing a final order containing findings of fact and conclusions of law, which order shall be subject to judicial review pursuant to Article II of the Administrative Procedures Act. As prescribed in a final order setting forth the maximum annual yield, or any amendment thereto, the Board may prescribe delayed or gradual implementation of equal proportionate share allocations if current total allocated amount of groundwater from the aquifer is twenty-five percent (25%) or less of the maximum annual yield. Such delayed or gradual implementation of equal proportionate share allocations may be authorized only if such implementation would not cause interference or violation of limits applicable to use of waters from a sensitive sole source aquifer, or allow the use of groundwater in excess of twenty-five percent (25%) of the maximum annual yield. Such delayed or gradual implementation of equal proportionate share allocations shall not affect any regular permit and shall be effectuated by issuance of appropriate temporary permits, in accord with parameters specified by the Board in accord with this act.
D. The Board may, in subsequent basin or subbasin hearings, and after additional hydrologic surveys, increase the amount of water allocated but shall not decrease the amount of water allocated by regular permit issued prior to the completion of the additional hydrologic surveys.
Added by Laws 1972, c. 248, § 6, eff. July 1, 1973. Amended by Laws 1988, c. 203, § 7, emerg. eff. June 10, 1988; Laws 1993, c. 164, § 11, emerg. eff. May 10, 1993; Laws 2018, c. 203, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.7. Application for permit to take and use groundwater.

Any person intending to use groundwater shall make application to the Board for an appropriate permit as provided in Section 1020.11 of this title before commencing any drilling for such purposes and before taking water from any completed well heretofore drilled. Such application to take and use groundwater shall be on a form provided by the Board and pursuant to the rules and regulations established by the Board. The application heretofore filed with the Board shall be used in granting permits for existing wells and the Board shall publish the notice of the hearing thereon.
Laws 1972, c. 248, § 7, eff. July 1, 1973; Laws 1993, c. 164, § 12, emerg. eff. May 10, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.8. Decree - Contents - Copies to be filed.

A. Except as otherwise provided by Section 1020.10 of this title for limited quantity groundwater permits, upon the filing of an application which complies with the provisions of Chapter 11 of this title, and the rules promulgated by the Oklahoma Water Resources Board pursuant thereto, the Board shall instruct the applicant to provide notice thereof, at the applicant's expense, and as required by the Board's rules. Such notice shall give all the essential facts as to the proposed taking, among them being the places of taking and of use, amount of water, the purpose for which it is to be used, name and address of applicant, the hearing date, time and place if a hearing is scheduled by the Board before instructions to provide notice are given, and a thirty-day protest period as well as the manner in which a protest to the application may be made. At the time the Board provides notice of application to the applicant, the Board shall publish on its website the applications and instructions for public notice, including the draft public notice prepared by the Board. The website publishing is in addition to, and not in lieu of, the requirement for applicants to publish notice in the newspaper. The time to protest shall run from the date of the first newspaper publication.
B. No hearing shall be had upon the application until proper notice shall have been given. Any interested party shall have the right to protest the application and present evidence and testimony in support of such protest. If the Board does not schedule a hearing on the application before instructing the applicant to provide notice, a hearing on the application shall be scheduled by the Board upon receipt of a protest which meets the requirements of the Board's rules and the Board shall notify the applicant and protestant of such hearing.
Added by Laws 1972, c. 248, § 8, eff. July 1, 1973. Amended by Laws 1993, c. 164, § 13, emerg. eff. May 10, 1993; Laws 1995, c. 112, § 6, eff. Nov. 1, 1995; Laws 1996, c. 329, § 3, emerg. eff. June 12, 1996; Laws 2019, c. 411, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1020.9A. Sensitive sole source groundwater basins or subbasins - Moratorium on issuance of certain temporary permits.

A. The Legislature finds that a moratorium is necessary on the issuance of certain temporary permits on certain sensitive sole source groundwater basins or subbasins to protect the health, safety and welfare of the people of Oklahoma.
B. 1. A moratorium is hereby established on the issuance of any temporary permit that would lead to any municipal or public water supply use of groundwater from a sensitive sole source groundwater basin or subbasin outside of any county that overlays in whole or in part said basin or subbasin. “Sensitive sole source groundwater basin” means a major groundwater basin or subbasin all or a portion of which has been designated as a “Sole Source Aquifer” by the United States Environmental Protection Agency pursuant to the Safe Drinking Water Act as of the effective date of this act, including any portion of any contiguous aquifer located within five (5) miles of the known areal extent of the surface out-crop of the sensitive sole source groundwater basin.
2. 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 or subbasin will not reduce the natural flow of water from springs or streams emanating from said basin or subbasin.
3. The provisions of this act shall be applicable to groundwater permit applications for which no final adjudication has been made by the Oklahoma Water Resources Board before the effective date of this act.
4. Any revalidation of a temporary permit, in effect upon the effective date of this act, that allows for any municipal or public water supply use of groundwater from a sensitive sole source groundwater basin outside of any county that overlays in whole or in part said basin shall be considered a new permit application and subject to the provisions of this act.
Added by Laws 2003, c. 365, § 1.