2015 Oklahoma Statutes
Title 82. Waters and Water Rights
§82-277.5. Electors - Persons eligible to serve - First meeting - Adoption of bylaws - Other business.

82 OK Stat § 82-277.5 (2015) What's This?

A. 1. Any elector in the division of the district in which he resides may serve as a director in that division.

2. If an elector does not own irrigable land in the division of the district in which he resides, or resides outside the district, such elector may serve as a director in the division in which the majority of his land is located.

B. At the time and place established by the Oklahoma Water Resources Board for the first meeting of the electors of the district, the electors shall adopt bylaws. In addition to any other provisions normally and properly included in bylaws, the bylaws shall, at a minimum, include provisions regarding the following:

1. Establishing the district's name and principal place of business;

2. Requiring an annual meeting of electors and providing that a notice of such annual meeting be given, by mail, to each elector not less than fifteen (15) days prior to the annual meeting;

3. Requiring special meetings of electors and providing that a notice of such special meeting be given, by mail, to each elector not less than fifteen (15) days prior to the special meeting;

4. Requiring that the electors pursuant to the provisions of this section shall:

a.establish qualifications and a process to elect a board of directors. The board of directors shall be composed of not less than five members nor more than nine. The board of directors shall be elected from divisions approximately equal in land area and number of electors. A director shall be twenty-one (21) years of age or older and an elector in the district, and

b.set the director's terms of office. The terms of office of the initial board shall be until the date of the first, second, or third annual meeting of the electors. Successors shall be elected for terms of three (3) years. For any vacancy on the board due to resignation, death, or any cause resulting in an unexpired term, the board shall appoint a person to complete such unexpired term;

5. Requiring that any director who ceases to qualify as an elector or a director during his term of office shall immediately cease to be a director and his office shall be vacant;

6. Requiring that a director may be removed from his office by:

a.a majority vote of the electors in the electing division at any time, and for any reason at an election called upon a petition signed by at least sixty percent (60%) of the electors of the division, or

b.the district judge having jurisdiction of the district for dishonesty, incompetency or failure to perform the duties imposed upon him pursuant to the Oklahoma Irrigation District Act;

7. Requiring that each elector be entitled to one vote on any election, motion, resolution or proposal properly brought for vote before the electors;

8. Providing that each elector may vote in person, by proxy or by absentee ballot by procedures established and supervised by the directors; and

9. Providing for setting and modification of assessments.

C. Following the adoption of bylaws, the electors shall conduct such other business as may be necessary for the proper organization of the district including but not limited to:

1. Electing a board of directors pursuant to the district's bylaws; and

2. Adopting an official seal.

D. 1. Following the first meeting of electors, the board shall submit the initial bylaws to the Oklahoma Water Resources Board for their approval or disapproval. The Oklahoma Water Resources Board shall either approve or disapprove the bylaws within sixty (60) days after receiving written notification and a copy of the bylaws from the board. The failure of the Oklahoma Water Resources Board to disapprove the bylaws within sixty (60) days shall constitute approval.

2. Upon any subsequent modification or amendment of the bylaws by the electors, the modified or amended bylaws shall be submitted to the Oklahoma Water Resources Board for their approval or disapproval in the same manner and subject to the same conditions as the initial bylaws. Any modification or amendment of existing bylaws shall not become effective until the Oklahoma Water Resources Board has approved such modifications or amendments in whole, in part or as otherwise authorized by the Oklahoma Water Resources Board.

Laws 1973, c. 179, § 5, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 6, emerg. eff. April 13, 1992.

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