reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.24. Purchase of certificates by State Treasurer.

A. The State Treasurer of the State of Oklahoma is hereby authorized and required to purchase from the Water Conservation Storage Commission at private sale not to exceed at any one time One Million Five Hundred Thousand Dollars ($1,500,000.00) in said investment certificates, or interim investment certificates, as an investment of the public monies in his possession. It shall be the responsibility of the State Treasurer to invest only that portion of such public monies as it deems to be more than sufficient to meet current expenditures payable from public monies. The State Treasurer is authorized and required to buy, and the Commission is authorized and required to sell to the State Treasurer at private sale, as provided in this section, so many of the investment certificates authorized by this act as may be safely purchased for investment of public monies by the State Treasurer without handicapping the State of Oklahoma in promptly meeting its obligations. In event of such sale or sales, the Commission shall determine and fix the rate of interest and investment certificates so sold shall bear such rate of interest.
B. In the event any or all of the investment certificates are sold to the State Treasurer under the provisions of subsection A of this section and thereafter the uninvested cash on hand and in solvent banks should fall short of demand orders on the State Treasury, it shall be the duty of the State Treasurer to sell such part or all of the investment certificates as are necessary to be converted into cash to meet such demands. The State Treasurer may sell such part or all of the said investment certificates as the State Treasurer is so authorized to sell, at private sale, to the Teachers' Retirement Fund or any other state fund, department or agency which has available monies to purchase the same, and all such state funds, departments and agencies are hereby authorized and empowered to so purchase such investment certificates.
Added by Laws 1972, c. 253, § 24. Amended by Laws 1989, c. 343, § 40, operative July 1, 1989; Laws 2013, c. 254, § 36.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.25. Examination of proceedings by Attorney General - Incontestability.

Within ten (10) days after the sale or sales of said investment certificates, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization, issuance and sale of such investment certificates and shall, if he finds such investment certificate proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows:
I have examined all proceedings had in connection with the issuance of the Water Conservation Storage Investment Certificates in the aggregate principal amount of $___________, dated ________, authorized and sold pursuant to ____________, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said investment certificates will be valid obligations of the Water Conservation Storage Commission. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said investment certificates shall be incontestable for all purposes.
_____________________ _________________________________
Date
Attorney General of the State
of Oklahoma
Upon the filing of such certificate, investment certificates issued pursuant to proceedings so examined by the Attorney General shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein. A facsimile of such Attorney General's certificate shall appear on each investment certificate so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any investment certificates issued under this act.
Added by Laws 1972, c. 253, § 25.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.26. Execution of certificates and contracts - Audits.

A. The Chairman and secretary, acting in behalf of the Commission, shall execute all investment certificates issued by the Commission and all contracts awarded by the Commission after approval of the form thereof by the Commission and the Attorney General.
B. All invoices, bills and claims of whatever nature shall be subject to audit under provisions of the preaudit law and other laws relating to the disbursement of public funds.
Added by Laws 1972, c. 253, § 26.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.28. Contracts with Secretary of Agriculture for repayment of water storage costs.

The Water Conservation Storage Commission of the State of Oklahoma is hereby authorized to contract with the Secretary of Agriculture, pursuant to the provisions of the Federal Watershed Protection and Flood Prevention Act as amended (16 U.S.C. Sections 1001 - 1009), for the repayment of the cost for the storage of water for anticipated future demands or needs included in any reservoir structure, provided that the Commission determines that such reservoir structure will be needed by the State of Oklahoma, or any political subdivision thereof, or any municipality or other public body to meet their future anticipated demands or needs for water.
Added by Laws 1972, c. 253, § 28.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.29. Federal Clean Water Act Program - Official state agency.

The Oklahoma Water Resources Board is hereby designated as the state agency to administer, receive, and manage all programs and funds associated with Section 314 or other applicable sections of the Federal Clean Water Act or other subsequent state and federal clean lakes programs having the purposes of assessing, monitoring, studying and restoring Oklahoma lakes, provided such funds from Federal Clean Water Act sources are administered and disbursed by the Office of the Secretary of Environment. In conducting the clean lakes program, the Board shall employ a cooperative agreement with the Conservation Commission with regard to lake watersheds. The Conservation Commission may cooperate with the Oklahoma Water Resources Board in providing land use inventory/assessment and stream monitoring portion of the clean lakes program. The Water Resources Board may enter into cooperative agreements with other federal, state and local agencies as necessary. Any Phase II Clean Lakes projects which require watershed implementation of nonpoint source pollution control practices shall be carried out by the Conservation Commission.
Added by Laws 1993, c. 145, § 320, eff. July 1, 1993. Amended by Laws 1997, c. 217, § 6, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.30. See the following versions:

OS 82-1085.30v1 (HB 3824, Laws 2022, c. 113, § 4).
OS 82-1085.30v2 (SB 1325, Laws 2022, c. 185, § 6; renumbered as § 2-6-103.2 of Title 27A by HB 1982, Laws 2023, c. 164, § 4, eff. Nov. 1, 2023).
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.31. Public policy.

It is hereby declared to be the policy of the state to encourage and promote theoptimum 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 and for the development of sewage treatment facilities. 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 and sewage of this state for the use and benefit of the public and for the conservation and distribution of water for beneficial purposes in or from reservoirs or other storage facilities constructed, or hereafter constructed, modified or enlarged, within Oklahoma by the United States of America or 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 of origin.
5. Sewage treatment and control in Oklahoma creates certain health problems in certain communities due to lack of adequate treatment facilities.
Laws 1979, c. 247, § 1; Laws 1980, c. 158, § 1, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.32. Definitions.

As used in Sections 1085.33 through 1085.39 of this title:
1. "Project" means:
a.
any engineering undertaking or work to conserve and develop surface or subsurface water resources or to control or develop sewage treatment facilities of the state for all useful and lawful purposes by the acquisition, improvement, extension or construction of dams, reservoirs and other water storage projects, including underground storage projects, filtration and water treatment plants,
b.
any system necessary to distribute water from storage to points of distribution, or to filtration and treatment plants,
c.
facilities for the distribution of water from storage or filtration and treatment plants to wholesale or retail purchasers, and
d.
any system necessary to improve or develop sewage treatment, collection or distribution capabilities.
2. "Investment certificate" means any note or bond, including any renewal note or refunding bond, authorized and issued by the Board for the purposes set forth in Sections 1085.31 through 1085.39 of this title.
3. "Eligible entity" means any city, town, county or the State of Oklahoma, and any rural water or sewer district, irrigation district, public trust, master conservancy district or other political subdivision or any combination thereof.
Amended by Laws 1982, c. 306, § 4, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.35. Investment certificates - Purchase - Sale.

The State Treasurer is hereby authorized, at his discretion, to purchase from the Board at private sale not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) in investment certificates or interim investment certificates for each project, provided that the rate of interest agreed upon by the Board and the State Treasurer shall not be less than seven percent (7%). Provided, the State Treasurer is hereby authorized, at his discretion, to sell any investment certificates so purchased with any of said sales not to be less than par, plus interest as accrued.
Laws 1979, c. 247, § 5; Laws 1980, c. 158, § 4, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.36. Loans to political subdivisions and other eligible entities - Rate of interest - Security - Payment.

Whenever any municipality, public trust, rural water or sewer district or any other eligible entity proposes to acquire or construct a project and/or refinance any indebtedness originally incurred to acquire or construct a project, the Board is hereby authorized to advance to the municipality, public trust, rural water district or other eligible entity or combination thereof sufficient funds for such purposes. Such loans by the Board shall be made pursuant to notes, bonds, revenue bonds or other appropriate form of evidence of indebtedness to the Board by the municipality, public trust, rural water district or other eligible entity. The interest rate and loan term shall be determined by the Board, provided, however, that the interest rate for loans made to rural water or sewer districts, created and existing under the provisions of Section 1324.1 et seq. of this title, for the purposes of acquiring or constructing a project and/or refinancing any indebtedness originally incurred to acquire or construct a project, shall not exceed fourteen percent (14%) per annum. As security, the Board may take a mortgage on the entire project, and a pledge of the revenues derived from the operation thereof or such other revenues as may be pledged by the applicant for such purposes. The Board, in its discretion, may defer the principal or an installment on such loans but the total cumulating time such payment may be deferred shall not exceed five (5) years. After a loan or other financial assistance is obtained under Sections 1085.31 through 1085.65 of this title, and during the term of such loan or other financial assistance, no person, other than the eligible entity obtaining the financial assistance, shall be authorized to provide services of the type relied on for security of the loan or other financial assistance to customers of the portion of the system that is identified in the loan documents as collateral for the loan and either (1) in existence at the time of the loan or other financial assistance or (2) financed by the loan or other financial assistance.
Amended by Laws 1982, c. 306, § 6, emerg. eff. May 28, 1982; Laws 1986, c. 272, § 7, operative July 1, 1986; Laws 1987, c. 208, § 116, operative July 1, 1987; Laws 1987, c. 236, § 104, emerg. eff. July 20, 1987; Laws 1989, c. 379, § 2, operative July 1, 1989.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.37. Certification of investment certificate proceedings and sale.

Within ten (10) days of receipt of the transcript of proceedings on said investment certificates, the Attorney General of Oklahoma shall examine and approve or disapprove all of the proceedings of the Board and all resolutions passed and actions taken by it in connection with the authorization, issuance and sale of such investment certificates and shall, if he finds such investment certificate proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the office of the Secretary of State of Oklahoma, which said certificate shall read substantially as follows:
I have examined all proceedings had in connection with the issuance of the Water Resources Investment Certificates in the aggregate principal amount of $___________, dated ________, authorized and sold pursuant to ____________, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said investment certificates will be valid obligations of the Water Resources Board. Unless suit thereon shall be brought in the Supreme Court of Oklahoma within thirty (30) days from the date of this certificate, said investment certificates shall be incontestable for all purposes.
_____________________ ________________________________
Date
Attorney General of Oklahoma
Upon the filing of such certificate, investment certificates issued pursuant to proceedings so examined by the Attorney General shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period. A facsimile of such Attorney General's certificate shall appear on each investment certificate so issued. Failure of the Attorney General to approve or otherwise act upon such proceedings as required herein shall, for all purposes, be deemed an approval of such proceedings and a waiver of the requirement for his certification. In the absence of an express certification, the thirty-day period for the filing of suit in the Supreme Court of Oklahoma shall commence upon the eleventh day following receipt of the transcript of proceedings in the office of the Attorney General. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any investment certificates issued under the provisions of Section 1085.33 of this title.
Amended by Laws 1982, c. 306, § 7, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.40. Statewide Water Development Revolving Fund - Creation - Status - Uses and purposes - Investment.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the "Statewide Water Development Revolving Fund". The revolving fund shall be a continuing fund, not subject to fiscal year limitations.
B. All monies placed in the Statewide Water Development Revolving Fund, exclusive of such amounts of interest derived from investment deposits necessary to maintain the grant account at its maximum amount as provided in subsection C of this section, may be used by the Board for any and all of the following uses and purposes:
1. For the planning and, upon legislative authorization, acquisition of land, construction, operation and maintenance of multipurpose reservoirs and desalination facilities within the State of Oklahoma;
2. To provide for and pay the share, contribution or portion of the cost the state shall pay for any legislative-approved, federally funded water project in the state including, but not limited to, projects for bank stabilization, flood control, weather modification, hydroelectric power, water supply, irrigation, recreation and other beneficial uses; and
3. To fulfill state contractual obligations upon legislative authorization and pursuant to approved repayment agreements with the federal government and incidental to federally funded water supply storage projects.
The Board shall submit annually to the Legislature a list of those projects under consideration for funding under the provisions of this section.
C. The principal amount of all monies placed in the Statewide Water Development Revolving Fund and in the Water Resources Fund Grant Account as provided for in Section 1085.39 of this title shall be invested by the State Treasurer in the manner prescribed by Sections 89.1 et seq. of Title 62 of the Oklahoma Statutes. Interest income derived from the investment of monies placed in the Statewide Water Development Revolving Fund shall be credited to and placed in the grant account established by Section 1085.39 of Title 82 of the Oklahoma Statutes, provided, the total of all monies held in the grant account shall not exceed Five Million Dollars ($5,000,000.00). Whenever the aggregate total of all monies placed in the grant account equals Five Million Dollars ($5,000,000.00), then the principal amount in the grant account shall be kept and maintained at that amount and all additional interest income not required to maintain the balance of the grant account at Five Million Dollars ($5,000,000.00) shall be retained in the Statewide Water Development Revolving Fund. The additional interest income not needed to maintain the grant account as herein provided may be utilized by the Board for the purposes and uses enumerated in subsection B of this section.
Added by Laws 1982, c. 306, § 9, emerg. eff. May 28, 1982. Amended by Laws 1985, c. 346, § 4, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.41. Investment certificates - Security and collateral.

In addition to the purposes outlined in Section 9 of this act, all monies placed in the Statewide Water Development Revolving Fund may be used by the Board for security and collateral for investment certificates issued by the Board pursuant to Section 1085.33 of Title 82 of the Oklahoma Statutes. Furthermore, the Board is hereby directed to manage and administer the Statewide Water Development Revolving Fund so as to maintain a revolving fund balance adequate to sufficiently back any and all outstanding investment certificates.
Added by Laws 1982, c. 306, § 10, emerg. eff. May 28, 1982. Added by Laws 1982, c. 306, § 10, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.43. Application of subsection 1085.33 to 1085.42.

In no event shall the provisions of Sections 1085.33 through 1085.39 of Title 82 of the Oklahoma Statutes and Sections 9, 10 and 11 of this act supercede or interfere with the statutory responsibilities or jurisdiction of any other state agency, board or commission.
Added by Laws 1982, c. 306, § 12, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.44. Monies appropriated to Statewide Water Development Revolving Fund - Use as security and collateral.

In addition to the purposes outlined in Section 1085.40 of Title 82 of the Oklahoma Statutes, all monies appropriated by the Legislature to the Statewide Water Development Revolving Fund may be used by the Board for security and collateral for investment certificates issued by the Board pursuant to Section 1085.33 of Title 82 of the Oklahoma Statutes. Furthermore, the Board is hereby directed to manage and administer the Statewide Water Development Revolving Fund so as to maintain a revolving fund balance adequate to sufficiently back any and all outstanding investment certificates. Any state liability arising from the implementation of this section shall be limited to those monies in the Statewide Water Development Revolving Fund which have been reserved as backing for the outstanding investment certificates.
Added by Laws 1984, c. 277, § 1, emerg. eff. May 30, 1984.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.45. Compliance with Central Purchasing act.

In the administration of the program of financial assistance authorized under the provisions of Section 1085.32 et seq. of Title 82 of the Oklahoma Statutes, the Board shall comply with all applicable provisions of the Oklahoma Central Purchasing Act, including but not limited to those provisions requiring competitive bidding on Board purchases and acquisitions.
Added by Laws 1984, c. 277, § 2, emerg. eff. May 30, 1984.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.47. Investment certificates - Issuance - Consideration of needs of certain entities.

In the issuance of investment certificates, it shall be the duty and responsibility of the Board to consider the relative needs of all eligible entities in the state and to ensure that sufficient monies are made available from each issuance to satisfy such proportionate share of the overall needs as are attributable to small cities, towns and rural water districts.
Added by Laws 1984, c. 277, § 4, emerg. eff. May 30, 1984.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.48. Contingent effectiveness of Section 1085.44.

Section 1 of this act shall become effective contingent upon the approval by the people of a constitutional amendment authorizing the use of state monies for furnishing financial assistance to municipalities, political subdivisions and such other public entities of the state as may be designated by law as being eligible for assistance for water resource and sewage treatment purposes.
Added by Laws 1984, c. 277, § 5, emerg. eff. May 30, 1984.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.49. Investment certificates - Acquisition by brokers or dealers.

Except as provided in the rules and regulations of the Municipal Securities Rulemaking Board no broker, dealer, or investment certificates dealer that has a financial advisory relationship with respect to a new issue of investment certificates shall acquire as principal either alone or as a participant in a syndicate or other similar account formed for the purpose of purchasing, directly or indirectly, from the issuer all or any portion of such issue, or arrange for such acquisition or participation by a person controlling, controlled by, or under common control with such broker, dealer, or investment certificates dealer.
Added by Laws 1986, c. 272, § 9, operative July 1, 1986.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.51. Legislative intent.

In addition to the financial assistance program established under Sections 1085.31 through 1085.49 of this title pursuant to Section 39 of Article X of the Oklahoma Constitution, it is the intention of the Legislature to establish a Clean Water State Revolving Fund Program to implement Title VI of the federal Water Quality Act of 1987.
Added by Laws 1988, c. 202, § 1, operative July 1, 1988. Amended by Laws 2002, c. 322, § 1, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.52. Definitions.

For the purposes of the Clean Water State Revolving Fund Program:
1. "Water quality project" means:
a.
any engineering undertaking or work to control or develop sewage treatment facilities of the state for all useful and lawful purposes,
b.
any system necessary to improve or develop sewage treatment, collection or distribution capabilities,
c.
urban storm water activities that are administered under the Oklahoma Brownfields Voluntary Redevelopment Act for eligible entities that have obtained a draft or final permit pursuant to the National Pollution Discharge Elimination Act or the Oklahoma Pollution Discharge Elimination Act, or
d.
capital works, capital improvements, capital equipment, environmental cleanups, land acquisition, or implementation of management practices for the purpose of protecting or improving surface or underground water quality through watershed management or reduction of nonpoint source pollution as authorized by the federal Water Quality Act of 1987 and Section 1085.65 of this title,
e.
any implementation of estuary conservation and management programs as authorized by the federal Water Quality Act of 1987,
f.
any other water quality project as may be authorized by the federal Water Quality Act of 1987;
2. "Investment certificate" means any note or bond, including any renewal note or refunding bond, authorized and issued by the Board pursuant to the provisions of this act;
3. "Eligible entity" means any city, town, county or the State of Oklahoma, and any rural sewer district, public trust, master conservancy district, any other political subdivision or any combination thereof;
4. "Board" means the Oklahoma Water Resources Board;
5. "Clean Water State Revolving Fund Loan Account" means the Clean Water State Revolving Fund Loan Account created pursuant to Section 1085.53 of this title;
6. "Clean Water State Revolving Fund Loan Administrative Fund" means the Clean Water State Revolving Fund Loan Administrative Fund created pursuant to Section 1085.64 of this title;
7. "Conservation Commission" means the Oklahoma Conservation Commission;
8. "Department" means the Department of Environmental Quality; and
9. "Federal Water Quality Act of 1987" means the federal Water Quality Act of 1987 as exists on July 1, 1988, as may be amended, and any successor statute.
Added by Laws 1988, c. 202, § 2, operative July 1, 1988. Amended by Laws 1993, c. 145, § 325, eff. July 1, 1993; Laws 1999, c. 381, § 2, emerg. eff. June 8, 1999; Laws 2002, c. 322, § 2, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.53. Creation of account - Composition - Purpose - Investment.

A. Within the Water Resources Fund created pursuant to Section 1085.33 of this title, there is hereby created the "Clean Water State Revolving Fund Loan Account". The account shall be set apart as a permanent and perpetual account not subject to fiscal year limitations and shall consist of:
1. All monies received pursuant and subject to the restrictions of the federal Water Quality Act of 1987 which are eligible for use in state revolving loan funds established to meet the requirements of that act;
2. Monies appropriated to the account;
3. Payments of principal and interest and penalty payments on loans made directly from federal grant monies and state-appropriated monies in the account;
4. Payments of principal and interest and penalty payments on loans made from the proceeds of the sale of investment certificates in the account or as may be provided in applicable bond resolutions or indentures as appropriate;
5. All income from the investment of monies held in the account consistent with applicable bond resolutions or indentures as allowed by the federal Water Quality Act of 1987;
6. Proceeds from the sale of investment certificates issued to provide water quality project loans pursuant to the provisions of the Clean Water State Revolving Fund Program except as otherwise provided by the applicable bond resolutions or indentures as appropriate; and
7. Any other sums designated for deposit to the account from any source, public or private.
B. The Clean Water State Revolving Fund Loan Account shall remain available in perpetuity for providing financial assistance in accordance with the federal Water Quality Act of 1987.
C. The monies in the Clean Water State Revolving Fund Loan Account shall be used for the purpose of making loans to eligible entities pursuant to the provisions of the Clean Water State Revolving Fund Program or for such other purposes authorized by the federal Water Quality Act of 1987.
D. The monies placed in the Clean Water State Revolving Fund Loan Account shall be invested by the State Treasurer in an adequately collateralized manner and as prescribed by Section 89.2 of Title 62 of the Oklahoma Statutes or pursuant to investment contracts or agreements with entities maintaining a rating in the top two categories by a nationally recognized municipal bond rating agency, in the manner consistent with the provisions of the federal Water Quality Act of 1987. Monies invested by the State Treasurer shall be available to meet program needs for funding as established by the Board.
E. Notwithstanding the provisions of Section 1085.39 of this title, the Board shall not use funds in the Clean Water State Revolving Fund Loan Account established in the Water Resources Fund to make grants.
Added by Laws 1988, c. 202, § 3, operative July 1, 1988. Amended by Laws 2002, c. 322, § 3, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.55. Powers and duties of Board - Cost-effective analyses.

A. In addition to other powers and duties provided by law, the Oklahoma Water Resources Board shall have the power and duty to:
1. Prepare and maintain the priority list for all water quality projects. In developing the priority list, the Board shall rely on input from the Department of Environmental Quality and the Conservation Commission;
2. Review and assess the planning and preliminary financial documents for and cost effectiveness of water quality projects on the priority list;
3. Determine water quality project feasibility and the entities' eligibility to receive funding from the Clean Water State Revolving Fund Loan Account;
4. Perform the environmental review and make the appropriate environmental determinations in accordance with the environmental review process approved by the Environmental Protection Agency;
5. Provide oversight and technical assistance during the planning, design, and construction phase of the water quality project for which the entity is applying for such loan; and
6. Be the instrumentality to make application to the Environmental Protection Agency for the capitalization grant which is to be placed in the Clean Water State Revolving Fund Loan Account.
B. In determining the cost effectiveness of any water quality project, the Board shall require the preparation of a cost effective analysis of feasible alternatives capable of meeting state and federal water quality and public health requirements. The alternative selected shall be the most economical means of meeting applicable state and federal effluent and water quality or public health requirements over the useful life of the water quality project while recognizing environmental and other nonmonetary considerations determined to be relevant by the Board.
Added by Laws 1988, c. 202, § 5, operative July 1, 1988. Amended by Laws 1993, c. 145, § 327, eff. July 1, 1993; Laws 2002, c. 322, § 5, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.56. Rules - Minimum requirements.

The Oklahoma Water Resources Board shall promulgate such rules as may be necessary for determining the eligibility and priority of entities for water quality projects in order to receive loans made pursuant to the federal Water Quality Act of 1987 and from the Clean Water State Revolving Fund Loan Account. At a minimum, such rules shall:
1. Ensure the fair and equitable prioritization of entities eligible for loans made pursuant to the provisions of this act;
2. Be in conformance with applicable provisions of Oklahoma's Water Quality Standards, the Oklahoma Environmental Quality Code, and the federal Water Quality Act of 1987;
3. Require that to be approved, an applicant needs or will need the water quality project loan to comply with rules promulgated by the Environmental Quality Board pursuant to the Oklahoma Environmental Quality Code, or the Conservation Commission, whichever has jurisdiction; and
4. Require the water quality project to:
a.
be designed to halt or prevent the pollution of the waters of this state and comply with Oklahoma's Water Quality Standards,
b.
meet the Board's established environmental review criteria as provided for by the federal Water Quality Act of 1987,
c.
comply with minimum standards of the Federal Water Pollution Control Act, Chapter 26, Title 33, United States Code, or any similar or successor statute, and
d.
meet any other consideration deemed necessary by the Board.
Added by Laws 1988, c. 202, § 6, operative July 1, 1988. Amended by Laws 1993, c. 145, § 328, eff. July 1, 1993; Laws 2002, c. 322, § 6, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.57. Management of funds - Investment certificates.

A. In addition to other powers and duties provided by law, the Oklahoma Water Resources Board shall have the power and duty to:
1. Manage, maintain, expend and otherwise administer monies in the Water Resources Fund and any accounts or subaccounts therein, except as otherwise provided by paragraph 2 of this subsection, pursuant to the provisions of Sections 1085.31 through 1085.39 of this title;
2. Manage, maintain, expend and otherwise administer monies in the Clean Water State Revolving Fund Loan Account pursuant to the statutory authority of the Oklahoma Water Resources Board and shall manage the account so as to make available the amounts necessary to fund loans to eligible entities entitled to receive funding;
3. Establish separate accounts and subaccounts within the Water Resources Fund and provide that such accounts be segregated and used for specified purposes or held as security for designated obligations;
4. Issue investment certificates to provide necessary funds for the Clean Water State Revolving Fund Loan Account pursuant to the provisions of subsection B of this section;
5. Enter into binding loan agreements with the eligible entities; and
6. Transfer, when necessary, monies from the Clean Water State Revolving Fund Loan Account to the Statewide Water Development Revolving Fund to be used for security or collateral for investment certificates issued for the Clean Water State Revolving Fund Loan Account. The monies so transferred and the interest income from such monies shall be restricted for use to those programs authorized by the federal Water Quality Act of 1987. The Board shall establish such accounts and subaccounts within the Statewide Water Development Revolving Fund necessary to implement the provisions of this paragraph.
B. The Board may issue investment certificates to provide necessary funds for the Clean Water State Revolving Fund Loan Account; provided that said issuance shall be governed by the provisions of Sections 1085.33 and 1085.37 of this title. The Board shall not issue such investment certificates unless:
1. The Board has determined that the issuance of the investment certificates is an economical way to provide loan funds to meet the demand for funding and is beneficial for the long term stability of the fund. Prior to issuance of any such bonds, the Board shall fully consider all comments submitted by the public concerning issuance of the bonds; and
2. The issuance of such certificates has been reviewed and approved pursuant to the Oklahoma Bond Oversight and Reform Act.
Added by Laws 1988, c. 202, § 7, operative July 1, 1988. Amended by Laws 1993, c. 145, § 329, eff. July 1, 1993; Laws 2002, c. 322, § 7, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.59. Investment certificates - Review and approval of issuance.

An investment certificate shall not be issued under Sections 1085.31 through 1085.39 of this title or pursuant to the provisions of the Clean Water State Revolving Fund Program unless the issuance has been reviewed and approved pursuant to the Oklahoma Bond Oversight and Reform Act.
Added by Laws 1988, c. 202, § 9, operative July 1, 1988. Amended by Laws 2002, c. 322, § 9, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.60. Annual audit.

The Office of the State Auditor and Inspector shall perform an annual audit of any expenditures from the Clean Water State Revolving Fund Loan Account.
Added by Laws 1988, c. 202, § 10, operative July 1, 1988. Amended by Laws 2001, c. 120, § 1, emerg. eff. April 23, 2001; Laws 2002, c. 322, § 10, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.61. Default - Collection actions by Attorney General.

In the event of a default in payment of the principal or interest on loans made from the Clean Water State Revolving Fund Loan Account pursuant to this act, the Attorney General is empowered and it shall be the duty of the Attorney General to take action to collect amounts due to the account. The Attorney General shall institute appropriate proceedings by mandamus or other legal remedies to compel the defaulting party and its officers, agents, and employees to cure the default by performing duties that they are legally obligated to perform. Those proceedings shall be brought and venue shall be in the district court of Oklahoma County.
Added by Laws 1988, c. 202, § 11, operative July 1, 1988. Amended by Laws 2002, c. 322, § 11, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.62. Establishment of criteria for determination of interest rates on loans - Annual report.

In order to comply with the requirements of federal and state laws, the Board shall complete the following:
1. Establish criteria for determining the interest rates on loans to be made from the Clean Water State Revolving Fund Loan Account. Such criteria may incorporate applicable United States Environmental Protection Agency and Rural Development Administration guidelines for financial assistance.
a.
In determining interest rates on loans made from the fund, in addition to other information, due consideration shall be given to:
(1)
providing for the maintenance of the account in perpetuity,
(2)
statewide needs for the assistance available pursuant to the provisions of this act,
(3)
five-year demand projections of the Board for assistance available pursuant to the provisions of this act,
(4)
prevailing market interest rates, and
(5)
debt service requirements of investment certificates issued by the Board to provide funds for the Clean Water State Revolving Fund Loan Account.
b.
In developing criteria for the determination of interest rates available to individual entities, in addition to other information, due consideration shall be given to:
(1)
financial resources of the entity,
(2)
the ability of the entity to repay the loan,
(3)
those entities that discharge into those streams and rivers designated as scenic river areas pursuant to the provisions of Section 1452 of this title or outstanding resource waters under Oklahoma's Water Quality Standards, and
(4)
prevailing market interest rates; and
2. Submission of an annual report by the Board to the Governor and to the Speaker of the House of Representatives and the President Pro Tempore of the Senate within one hundred twenty (120) days of the end of each fiscal year concerning the Clean Water State Revolving Fund Loan Account and implementation of the provisions of Sections 1085.51 through 1085.65 of this title. The report shall contain information to show the actual use and the recipients of loans made from the Clean Water State Revolving Fund Loan Account. In addition, the report shall contain five-year demand projections on anticipated loan funds required and ten-year and twenty-year projections as to possible funding needs for water quality projects which may be eligible for financial assistance under Sections 1085.51 through 1085.65 of this title.
Added by Laws 1988, c. 202, § 12, operative July 1, 1988. Amended by Laws 1993, c. 145, § 331, eff. July 1, 1993; Laws 2002, c. 322, § 12, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.63. Intended use plan - Annual report.

A. The Board shall prepare an annual intended use plan and shall submit such plan to the United States Environmental Protection Agency. The plan shall contain all information required by Section 606(c) of the federal Water Quality Act of 1987 and may contain such other information as the Board may determine. An opportunity for public review of and comment on the plan before submittal shall be provided.
B. The Board shall prepare an annual report and shall submit such report to the United States Environmental Protection Agency. The annual report shall contain all information required by Section 606(d) of the federal Water Quality Act of 1987 and may contain such other information as required by the Capitalization Grant Agreement.
Added by Laws 1988, c. 202, § 13, operative July 1, 1988. Amended by Laws 1993, c. 145, § 332, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.65. Loan applications for nonpoint source management programs.

A. The Oklahoma Conservation Commission shall promulgate rules to receive, and review applications for water quality projects submitted to the Clean Water State Revolving Fund Program for implementation of nonpoint source management programs as allowed by the federal Water Quality Act of 1987 for those activities subject to its jurisdiction as specified in the Oklahoma Environmental Quality Act.
B. The rules shall require that to be eligible for financial assistance, the proposed project:
1. Meets or will meet a critical local or state need, as defined in the State Nonpoint Source Assessment and Management Report;
2. Is needed or will be needed to comply with the State Nonpoint Source Assessment and Management Report;
3. Is designed to prevent, reduce or halt the pollution of the waters of this state and comply with Oklahoma's Water Quality Standards;
4. Is cost-effective; and
5. Shall be awarded upon a cost-share basis.
C. The Commission shall consult with and obtain comments of the Executive Director of the Department of Environmental Quality prior to making a recommendation on all applications and programs which may involve nonpoint sources subject to the jurisdiction of the Department of Environmental Quality. The Department of Environmental Quality's comments shall be addressed in the recommendation or attached thereto.
D. Upon determination that the proposed project meets the minimum criteria, the Commission shall forward the application, plans and specifications and other documents to the Oklahoma Water Resources Board, with a recommendation that a loan be made for the project.
Added by Laws 1988, c. 202, § 15, operative July 1, 1988. Amended by Laws 1993, c. 145, § 334, eff. July 1, 1993; Laws 2002, c. 322, § 14, emerg. eff. May 30, 2002.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.71. Purpose.

In addition to the financial assistance programs established under Sections 1085.31 through 1085.49 and Sections 1085.51 through 1085.65 of this title pursuant to Section 39 of Article X of the Oklahoma Constitution, it is the intention of the Legislature to establish a Drinking Water Treatment Revolving Loan Account to implement the federal Safe Drinking Water Act.
Added by Laws 1994, c. 191, § 1, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1085.72. Definitions.

For the purposes of this act:
1. "Drinking water treatment project" means:
a.
any engineering undertaking or work to control or develop drinking water treatment facilities of eligible entities for all useful and lawful purposes,
b.
any system necessary to improve or develop drinking water supply, treatment or distribution capabilities, or
c.
any implementation of water source protection programs as authorized by the federal Safe Drinking Water Act and this act;
2. "Investment certificate" means any note or bond, including any renewal note or refunding bond, authorized and issued by the Board pursuant to the provisions of this act;
3. "Eligible entity" means any city, town, county or the State of Oklahoma, and any rural water district, public trust, master conservancy district, any other political subdivision or any combination thereof;
4. "Board" means the Oklahoma Water Resources Board;
5. "Department" means the Department of Environmental Quality; and
6. "Safe Drinking Water Act" means the federal Safe Drinking Water Act as exists on the effective date of this act, as may be amended, or any successor statute.
Added by Laws 1994, c. 191, § 2, eff. July 1, 1994.