US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 82.

WATERS AND WATER RIGHTS

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§82-1B.  Moratorium on sale or exportation of surface water and/or groundwater.

A.  In order to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within Oklahoma, the Legislature hereby establishes a moratorium on the sale or exportation of surface water and/or groundwater outside this state pursuant to the provisions of this section.  Unless otherwise repealed or revoked by the Oklahoma Legislature, the moratorium shall be in effect for a five-year period beginning on the effective date of this act or until such time as the State of Oklahoma conducts and completes a comprehensive scientific hydrological study of the water resources of this state.

B.  Subject to the moratorium set by subsection A of this section, no state agency, authority, board, commission, committee, department, trust or other instrumentality of this state or political subdivision thereof, nor elected or appointed officer, member of any governing body or other person designated to act for an agency or on behalf of the state, or a political subdivision thereof shall contract for the sale or exportation of surface water or groundwater outside the state, or sell or export surface water or groundwater outside the state without the consent of the Oklahoma Legislature specifically authorizing such sale or export of water.

C.  Nothing in this section shall be construed as affecting or intending to affect:

1.  Any contract for the sale or exportation of surface water or groundwater outside the state executed prior to the effective date of this act which has received legislative approval or was executed pursuant to law, provided such sale or exportation of surface water or groundwater does not exceed eight million (8,000,000) gallons of water per month; or

2.  Water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.

Added by Laws 2002, c. 485, § 1, emerg. eff. June 6, 2002.  Amended by Laws 2004, c. 392, § 1, eff. Nov. 1, 2004.

§82-1C.  Joint Committee on Water Planning.

A.  There is hereby created the Joint Committee on Water Planning.

B.  The purpose of the Committee shall be to study, investigate, examine and analyze issues relating to a comprehensive statewide water study and plan, and to consider and make recommendations to the Legislature regarding:

1.  Principles in developing a public policy for protection, management, conservation, development and utilization of water resources of this state;

2.  The existing conditions concerning waters of the state and its uses for all purposes within the State of Oklahoma;

3.  The infrastructure needs of Oklahoma's communities;

4.  The long-term sustainability of Oklahoma's water supply;

5.  The methods for developing, managing, protecting and conserving water resources of the state but which allow for economic growth and development;

6.  Review beneficial uses of water which reflect the public interest of the entire state while protecting the property rights of Oklahoma citizens.  When reviewing beneficial uses of water, due consideration shall be given to alternatives which allow maximum sustainable growth in Oklahoma while protecting all designated beneficial uses of water, promoting conservation and prudent use, prioritizing public health and welfare considerations, protecting the rights of citizens and the water rights of Oklahoma citizens, in particular the water rights of the citizens in the basins of origin, protecting natural ecosystems, and encouraging methods for voluntary redistribution of excess or surplus water to Oklahoma regions and citizens with inadequate supplies;

7.  The state and federal statutory and case law which may impact the development, management, conservation and use of Oklahoma water;

8.  Regional or statewide systems for the orderly development, management, conservation and use of water resources of the entire state.  For this purpose, the Committee shall recommend either the creation of regional plans or a statewide plan;

9.  Various water management strategies including:  improved conservation, reuse and management of existing water supplies, acquisition of available existing water supplies, development of new water supplies, and preparation for and response to drought conditions in order that sufficient water at the highest quality possible will be available at a reasonable cost to Oklahoma residents to ensure public health, safety and welfare, further economic development and to protect the agricultural, recreational and natural resources;

10.  Cooperative arrangements with other states;

11.  The definition of "excess and surplus water of this state" including water quality and water quantity.  In determining the definition of excess and surplus water of the state, the Committee shall be guided by the principles and policies regarding the waters of this state enumerated in the Oklahoma Statutes including, but not limited to, Section 1084.1 of Title 82 of the Oklahoma Statutes;

12.  The process for determining "excess and surplus" water;

13.  The out-of-basin and out-of-state water sales and/or transfers;

14.  Potential local, state, and federal funding sources for development of a comprehensive statewide water study and plan;

15.  The advice of representatives of the United States Army Corps of Engineers, the Bureau of Reclamation, the Natural Resources Conservation Service, United States Geological Survey, United States Fish and Wildlife Service, and other appropriate federal agencies, as well as representatives of state agencies involved in tourism, environmental quality, parks, fish and wildlife, recreation, conservation, public health, agriculture, public utilities and industrial development;

16.  The review of water usage in this state;  

17.  Uniform data regarding the collection, analysis, interpretation and use of information on water quality and water quantity data; and

18.  Such other areas concerning state water resources as deemed necessary by the Committee.

C.  The Committee shall be composed of nineteen (19) legislative members as follows:  seven members of the Oklahoma House of Representatives shall be appointed by the Speaker of the House of Representatives, seven members of the Oklahoma Senate shall be appointed by the President Pro Tempore of the Senate, and five legislative members appointed by the Governor.

D.  Members shall be appointed after the 1st day of the 1st Session of the 49th Oklahoma Legislature and no later than the last day of February 2003.  The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate a legislative member to serve as cochair of the Committee.  The cochairs of the Committee shall convene a meeting of the Committee within thirty (30) days of the effective date of the appointments.  The membership of the Committee shall determine a meeting schedule by majority approval of the Committee.  A majority of the members present at a meeting shall constitute a quorum.  All meetings of the Committee shall be open to the public and shall be held in accordance with the Oklahoma Open Meeting Act.

E.  The Committee shall be staffed by the staff of the Oklahoma House of Representatives and the Oklahoma State Senate and by any other state agency staff as deemed necessary by the Committee.

F.  The work of the Committee shall be finalized no later than January 15, 2005, and any written recommendations of the Committee shall be made available to the public and delivered to each member of the Oklahoma Legislature by February 1, 2005.

G.  The cochairs of the Committee may appoint subcommittees as deemed necessary from the members of the Committee for the purpose of carrying out its duties pursuant to the provisions of this section.

H.  Legislative members of the Committee shall receive reimbursement from the house in which they serve pursuant to Section 456 of Title 74 of the Oklahoma Statutes.

Added by Laws 2002, c. 485, § 4, emerg. eff. June 6, 2002.

§82-1D.  Oklahoma River - Designation of portion of North Canadian River.

A seven-mile section of the North Canadian River, between Meridian Avenue and Eastern Avenue in Oklahoma City, shall be designated as the Oklahoma River for economic development purposes.  The Oklahoma Centennial Commission shall cause suitable markers to be placed along the seven-mile section of the river identifying the river as the "Oklahoma River".

Added by Laws 2004, c. 112, § 1, emerg. eff. April 15, 2004.

§82-105.1.  Definitions.

As used in Sections 105.2 through 105.32 of this title:

1.  "Definite stream" means a watercourse in a definite, natural channel, with defined beds and banks, originating from a definite source or sources of supply.  The stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply in the area;

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.  "Regular permit" means a permit granted by the Oklahoma Water Resources Board authorizing the holder to appropriate water on a year-round basis in an amount and from a source approved by the Board;

4.  "Seasonal permit" means a permit granted by the Board authorizing the holder of such permit to divert available water for specified time periods during the calendar year;

5.  "Temporary permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board which does not exceed a time period of three (3) months, which does not vest in the holder any permanent right and which may be canceled by the Board in accordance with its terms;

6.  "Term permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board for a term of years which does not vest the holder with any permanent right and which expires upon expiration of the term of the permit; and

7.  "Provisional temporary permit" means a nonrenewable permit which may be summarily granted upon administrative approval by the Board and which authorizes an appropriation of water in an amount and from a source approved by the Board.  A provisional temporary permit shall not authorize an appropriation for a period of time exceeding ninety (90) days, shall not vest in the holder any permanent water right and shall be subject to cancellation by the Board at any time within its term in accordance with its provisions.

Added by Laws 1972, c. 256, § 1.  Amended by Laws 1981, c. 35, § 1, emerg. eff. April 8, 1981; Laws 1995, c. 112, § 1, eff. Nov. 1, 1995.

§82-105.1A.  Purpose of law - Legislative intent.

It is the intent of the Oklahoma Legislature that the purpose of Section 105.1 through Section 105.32 of this title is to provide for stability and certainty in water rights by replacing the incompatible dual systems of riparian and appropriative water rights which governed the use of water from definite streams in Oklahoma prior to June 10, 1963, with an appropriation system of regulation requiring the beneficial use of water and providing that priority in time shall give the better right.  These sections are intended to provide that riparian landowners may use water for domestic uses and store water in definite streams and that appropriations shall not interfere with such domestic uses, to recognize through administrative adjudications all uses, riparian and appropriative, existing prior to June 10, 1963, and to extinguish future claims to use water, except for domestic use, based only on ownership of riparian lands.

Added by Laws 1993, c. 310, § 1, emerg. eff. June 7, 1993.

§82105.2.  Right to use water  Domestic use  Priorities.

A.  Beneficial use shall be the basis, the measure and the limit of the right to the use of water; provided, that water taken for domestic use shall not be subject to the provisions of this act, except as provided in Section 105.5 of this title.  Any person has the right to take water for domestic use from a stream to which he is riparian or to take stream water for domestic use from wells on his premises.  Water for domestic use may be stored in an amount not to exceed two (2) years' supply.  The provisions of this act shall not apply to farm ponds or gully plugs which are not located on definite streams and which have been constructed under the supervision and specifications of the Soil and Water Conservation Districts.

B.  Priority in time shall give the better right.  From and after the date of June 10, 1963, the following priorities for the use of water and no other shall exist:

1.  Prestatehood uses.  Priorities to the quantity of water put to beneficial use prior to November 15, 1907, to the extent to which the priority has not been lost in whole or in part pursuant to Section 105.16 of this title when the same shall have been perfected as provided by this act and rules and regulations adopted by the Board.  Such said priorities shall date from the initiation of the beneficial use.

2.  Spavinaw, Grand, North Canadian, Blue and North Boggy adjudications.  Priorities decreed to exist in adjudications brought in pursuance of this act where such adjudications have been initiated prior to the date of June 10, 1963, to the extent to which these priorities have not been lost in whole or in part pursuant to Section 105.16 of this title.  Such said priorities shall be dated as of the date assigned to them in the respective adjudication decrees.

3.  Spavinaw, Grand, North Canadian, Blue and North Boggy Rivers  Applications prior to June 10, 1963.  Priorities based upon applications for appropriations where the same shall have been perfected heretofore under the law heretofore applicable to the extent to which the priority has not been lost in whole or in part pursuant to Section 105.16 of this title.  Such said priorities shall be dated as of the date of the application therefor.

4.  All other applications.  Priorities based upon applications for appropriations to the extent the priority has not been lost in whole or in part pursuant to Section 105.16 of this title where the same shall be perfected after June 10, 1963, as provided by this act and rules and regulations adopted by the Board pursuant thereto. Such said priorities shall date from the date of application for the priority.  Any permit to appropriate water issued by the Board from and after June 10, 1963, is hereby presumed to be valid and in full force and effect to the extent not lost in whole or in part due to nonuse, forfeiture or abandonment, pursuant to this title.

5.  Federal withdrawals.  Priorities based on the withdrawal of water by the United States pursuant to Section 105.29 of this title to the extent to which the priority has not been lost in whole or in part through nonutilization as provided by the said section or pursuant to Section 105.16 of this title.  Such said priorities shall vest in the users of said water as of the date of notification given pursuant to Section 105.29 of this title.

6.  Poststatehood  Nonapplicant uses.  Priorities based upon present beneficial use prior to June 10, 1963, and initiated on or subsequent to November 15, 1907, to the extent to which the priority has not been lost in whole or in part pursuant to Section 105.16 of this title where the same has been perfected as provided by this act and rules and regulations adopted by the Board pursuant thereto. Such said priorities as to each quantity of water shall date from the initiation of the beneficial use of that quantity of water. Provided, however, that no priority based solely upon this paragraph shall take priority over priorities which bear a priority date earlier than the effective date of June 10, 1963, and which arise by virtue of compliance with the provisions of the first five paragraphs of this subsection.

7.  Soil Conservation Service sediment pools.  Priorities based upon beneficial use of that portion of the water designated by the Soil Conservation Service engineers as necessary for the sediment pool where landowners have granted easements without compensation for upstream flood control impoundments under the sponsorship of Soil and Water Conservation Districts prior to June 10, 1963, to the extent to which the priority has not been lost in whole or in part pursuant to Section 105.16 of this title when the same shall have been perfected as provided by this act and rules and regulations adopted by the Board.  Such said priorities shall date from the date of the grant of the easement.  Subsequent to June 10, 1963, those landowners who shall grant easements for such upstream flood control impoundments may acquire a priority for beneficial use of that water designated as the sediment pool by complying with paragraph 4 of subsection B of this section.

C.  When any person might claim a priority under more than one of the numbered paragraphs of subsection B of this section, he may elect which paragraphs shall control his priority date.  Nothing in this provision shall be construed to prohibit his electing different priorities under one or more of the paragraphs of subsection B of this section for different quantities of water.

D.  From and after June 10, 1963, the only riparian rights to the use of water in a definite stream, except water taken for domestic use, are those which have been adjudicated and recognized as vested through the proceedings under 82 O.S. Supp. 1963, Sections 5 and 6, orders of the Oklahoma Water Resources Board entered thereunder which became final, and those decreed to exist in the Spavinaw, Grand, North Canadian, and Blue and North Boggy adjudications, all to the extent such rights have not been lost, in whole or in part, due to nonuse, forfeiture or abandonment, pursuant to this title.

Amended by Laws 1988, c. 203, § 2, emerg. eff. June 10, 1988.  

§82105.3.  Right of eminent domain.

Any person, corporation or association may exercise the right of eminent domain to acquire rightofway for the storage or conveyance of water for beneficial use, including the right to enlarge existing structures, and use the same in common with the former owner.  Such rightofway shall in all cases be so located as to do the least damage to private or public property, consistent with proper and economical engineering construction.  Such rights may be acquired in the manner provided by law for the taking of private property for public use.

Laws 1972, c. 256, § 3.  

§82105.4.  Diversion of water.

Water turned into any natural or artificial watercourse by any party entitled to the use of such water may be reclaimed below and diverted therefrom by such party, subject to existing rights, due allowance for losses being made by the Board.

Laws 1972, c. 256, § 4.  

§82105.5.  Impairment of water rights  Suits in district court.

Any person having a right to the use of water from a stream as defined by this act or Section 60 in Title 60 of the Oklahoma Statutes whose right is impaired by the act or acts of another, or others, may bring suit in the district court of any county in which any of the acts complained of occurred.  Provided, however, that nothing herein contained shall be construed to empower district courts to recognize rights to use the water of a stream unless such rights have heretofore been established pursuant to this act or are claimed under Section 60 in Title 60 of the Oklahoma Statutes. Provided, however, that the Attorney General shall intervene on behalf of the state in any suit for the adjudication of rights to the use of water if notified by the Board that the public interests would be best served by such action.

Laws 1972, c. 256, § 5.  

§82105.6.  Adjudication of rights  Suit.

When the Board determines the best interests of the claimants to the use of water from a stream system will be served by a determination of all rights to the use of water of such system, the Board may institute a suit on behalf of the state for the determination of all rights to the use of such water and shall diligently prosecute the same to a final adjudication.  The cost of such suit, including the costs on behalf of the state, shall be charged against each of the parties thereto in proportion to the amount of water rights allotted.  Provided that after the effective date of June 10, 1963, neither the bringing of such suit nor an adjudication in such a suit shall be a condition precedent to the granting of permits and licenses as authorized by this act.  Laws 1972, c. 256, Section 6.

Laws 1972, c. 256, § 6.  

§82105.7.  Parties to suit  Intervention  Orders.

In any suit for the determination of rights to the use of the waters of any stream, brought pursuant to Section 6, any person who is using or who has used water from the stream or who claims the right or who might claim the right to use water from the stream may be made a party to the suit.  Any person who is using or who has used or who claims the right to use water from the stream may intervene.  No person not a party to the suit shall be bound by the decree therein, but the rights determined between the parties thereto and their privities shall be bound in all subsequent litigation.  When any such suit has been filed, the court may by its order, duly entered, direct the Board to furnish data necessary for the determination of the rights involved.

Laws 1972, c. 256, § 7.  

§82105.8.  Decree  Contents  Copies to be filed.

Upon the adjudication of the rights of the use of the waters of a stream system, two or more certified copies of the decree shall be prepared by the clerk of the court, at the cost of the parties, and one copy shall be filed in the office of the Board and the other in the office of the registrar of deeds of each county in which such stream system is situated.  Such decree shall in every case declare, as to the water right adjudged to each party, the priority, amount, purpose, place of use and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant together with such other conditions as may be necessary to define the right and its priority.

Laws 1972, c. 256, § 8.  

§82105.9.  Application for water rights.

Any person, firm, corporation, state or federal governmental agency, or subdivision thereof, intending to acquire the right to the beneficial use of any water shall, before commencing any construction for such purposes or before taking the same from any constructed works, make an application to the Board, together with the filing fee authorized by law, for a permit to appropriate in the form required by rules and regulations established by the Board. Such rules and regulations shall, in addition to providing the form and manner of preparing and presenting the application, require that such application state all the data necessary for the proper description and limitation of the right applied for, as to the amount of water requested, together with such information as may be necessary to show the method and practicability of the construction and the ability of the applicant to complete the same.  Laws 1972, c.  256, Section 9.

Laws 1972, c. 256, § 9.  

§82-105.10.  Rules governing applications.

A.  1.  The date of receipt of an application for use of stream water in the office of the Oklahoma Water Resources Board shall be endorsed and shall be noted in the records of the Board.

2.  If the application is defective as to form or unsatisfactory as to feasibility or safety of the plan, or as to the showing of the ability of the applicant to carry the construction to completion, the Board shall advise the applicant of the correction, amendments or changes required.  The applicant shall have not more than sixty (60) days from the date the Board so advises to refile such application.  If refiled, corrected as required, within the specified time limit, the application shall, upon being accepted by the Board, take priority as of date of its original filing, subject to compliance with the further provisions of the law and the rules promulgated thereto.  Any corrected application filed after the time allowed shall be treated in all respects as an original application received on the date of its refiling.

3.  The plans of construction may be amended, with the approval of the Board, at any time, provided that no change shall authorize an extension of time for construction or placing the water to beneficial use beyond that authorized in the permit, except as provided in Section 105.15 of this title.  A change in the proposed point of diversion of water from a stream shall be subject to the approval of the Board and shall not be allowed to the detriment of the rights of others having valid claims to the use of water from the stream.

B.  1.  For applications that have been pending for more than three (3) years prior to the effective date of this section, the Board shall provide written notice to the applicant at the applicant's last-known address that the application shall be deemed withdrawn and the priority date based on the original filing date shall be lost unless the applicant provides notice of the application as instructed by the Board.  The Board shall provide an opportunity for a hearing if requested in order for the applicant to show cause why:

a. notice should not be published, and

b. the application should not be deemed withdrawn and the priority date lost.

2.  Cause may be shown by substantial competent evidence that:

a. the applicant has been diligently pursuing plans for the project for which the water is proposed to be used,

b. construction of the project is still practical, and

c. the applicant is still able to complete the project.

3.  If the Board receives no response to the notice, the application shall be deemed withdrawn and priority date lost.

C.  1.  After the effective date of this section, applications may remain pending for more than three (3) years and retain the priority date based on the original filing date if the applicant files a request to extend pending status of the application before the end of the first three-year period and each successive three-year period thereafter and as required by rules promulgated by the Board.

2.  If a request to extend pending status is not filed in time and as required by Board rules, the application will be deemed withdrawn.

Added by Laws 1972, c. 256, § 10.  Amended by Laws 1993, c. 164, § 1, emerg. eff. May 10, 1993; Laws 2000, c. 318, § 1, emerg. eff. June 5, 2000.

§82-105.11.  Notice of application - Protest - Hearing.

A.  Except as otherwise provided by Section 2 of this act for limited quantity stream water permits, upon the acceptance of an application which complies with the provisions of Chapter 1 of this title, and the rules promulgated by the Oklahoma Water Resources Board pursuant thereto, the Board shall instruct the applicant to publish, within the time required by the Board, a notice thereof, at the applicant's expense, in a form prescribed by the Board in a newspaper of general circulation in the county of the point of diversion, and in a newspaper of general circulation published within the adjacent downstream county and any other counties designated by the Board once a week for two (2) consecutive weeks.  Such notice shall give all the essential facts as to the proposed appropriation, among them, the places of appropriation 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 publish notice are given, and the manner in which a protest to the application may be made.  In case of failure to give such notice in accordance with the rules and regulations applicable thereto within the time required, or if such notice is defective, the priority of application shall be lost; however, if proper notice shall be given within thirty (30) days after the Board has given him notice of his failure to give effective and proper notice, the application shall thereafter carry the original date of filing, and shall supersede any subsequent application to the same source of water supply.  Any interested party shall have the right to protest said application and present evidence and testimony in support of such protest.

B.  If the Board does not schedule a hearing on the application before instructing the applicant to publish notice, a hearing shall be scheduled by the Board upon receipt of a protest which meets the requirements of the Board's rules, the Board shall notify the applicant and protestant of such hearing.

Added by Laws 1972, c. 256, § 11.  Amended by Laws 1993, c. 164, § 2, emerg. eff. May 10, 1993; Laws 1995, c. 112, § 2, eff. Nov. 1, 1995; Laws 1996, c. 329, § 1, emerg. eff. June 12, 1996.

§82105.12.  Approval of application  Appeal by protestants.

A.  Before the Board takes final action on the application, the Board shall determine from the evidence presented whether:

1.  There is unappropriated water available in the amount applied for;

2.  The applicant has a present or future need for the water and the use to which applicant intends to put the water is a beneficial use.  In making this determination, the Board shall consider the availability of all stream water sources and such other relevant matters as the Board deems appropriate, and may consider the availability of groundwater as an alternative source;

3.  The proposed use does not interfere with domestic or existing appropriative uses; and

4.  If the application is for the transportation of water for use outside the stream system wherein the water originates, the proposed use must not interfere with existing or proposed beneficial uses within the stream system and the needs of the water users therein.  In making this determination, the Board shall utilize the review conducted pursuant to subsection B of this section.

If so determined, and subject to subsection B of this section, the Board shall approve the application by issuing a permit to appropriate water.  The permit shall state the time within which the water shall be applied to beneficial use.  In the absence of appeal as provided by the Administrative Procedures Act, the decision of the Board shall be final.

B.  In the granting of water rights for the transportation of water for use outside the stream system wherein water originates, pending applications to use water within such stream system shall first be considered in order to assure that applicants within such stream system shall have all of the water required to adequately supply their beneficial uses.

The Board shall review the needs within such area of origin every five (5) years to determine whether the water supply is adequate for municipal, industrial, domestic, and other beneficial uses.

C.  The review conducted pursuant to subsection B of this section shall not be used to reduce the quantity of water authorized to be used pursuant to permits issued prior to such review.  Such permits, however, remain subject to loss, in whole or in part, due to nonuse, forfeiture or abandonment, pursuant to this title.

Laws 1972, c. 256, § 12; Laws 1988, c. 203, § 3, emerg. eff. June 10, 1988; Laws 1993, c. 164, § 3, emerg. eff. May 10, 1993.

§82-105.13.  Seasonal, temporary, term and provisional permits - Limited quantity stream water permits.

A.  The Oklahoma Water Resources Board is authorized to issue, in addition to regular permits, seasonal, temporary, term or provisional temporary permits at any time the Board finds such issuance will not impair or interfere with domestic uses or existing rights of prior appropriators and may do so even where it finds no unappropriated water is available for a regular permit.  All seasonal, temporary, term and provisional temporary permits shall contain a provision making them subject to all rights of prior appropriators.  If any such permit is for water impounded in any works for storage, diversion or carriage of water, the applicant must comply with the provisions of Section 105.21 of this title.

B.  Except as otherwise provided by this section, application, notice and administrative hearing as provided in Sections 105.9 through 105.12 of this title shall be required for all permits.  A provisional temporary permit may be immediately and summarily granted upon administrative approval by the Board.  Provisional temporary permits shall:

1.  Not be effective for a period of more than ninety (90) days;

2.  Be granted at the discretion of the Board; and

3.  Be subject to such terms, conditions and rules promulgated by the Board for such purposes.

C.  The Executive Director of the Board may administratively issue permits to use limited quantities of stream water.  Notice, procedures and the maximum quantity authorized for limited quantity stream water permits shall be in compliance with rules promulgated by the Board.  In no event shall the maximum quantity of water authorized in a limited quantity stream water permit exceed the amount of stream water that would otherwise be determined by the Board pursuant to Section 105.12 of this title.

Added by Laws 1972, c. 256, § 13.  Amended by Laws 1981, c. 35, § 2, emerg. eff. April 8, 1981; Laws 1996, c. 329, § 2, emerg. eff. June 12, 1996.

§82105.14.  Denial of permit  Approval of application for lesser amount  Appeal.

If, in the opinion of the Board, the applicant fails to establish the three requirements of Section 12, it shall reject the application.  It shall notify the applicant of the rejection and the reason for its action.  In the absence of appeal as provided by this act, the decision of the Board shall be final.

If the Board denies a permit on the basis that there is no unappropriated water available in the amount applied for but finds that the other requirements were complied with, the applicant may file an amended application and apply for a lesser amount.  Such amendment shall be in writing and sent by certified mail no later than fifteen (15) days after notice of denial of the original application shall have been mailed by the Board.  Upon receipt of the amended application, the Board shall approve the application for the lesser amount at its next regularly scheduled meeting if such amount is sufficient.  Such amendment shall not be deemed a waiver of the right to appeal from the action of the Board in denying the permit on the original application.  Time for perfecting an appeal shall begin to run upon the mailing of notice of either the denial of the permit or approval of the amended application, whichever is later.  Laws 1972, c. 256, Section 14.

Laws 1972, c. 256, § 14.  

§82105.15.  Time for commencement of works.

A.  Any permit shall expire unless the applicant begins construction of the works within two (2) years of the issuance of the permit by the Board.  The Board may, as necessary and deemed appropriate under the circumstances, extend the time for the beginning of construction beyond the time allowed in the permit for good cause shown, such as engineering difficulty or other valid reason over which the applicant has no control.

B.  If the Board does not receive a written notice of commencement of works or request to extend time within thirty (30) days after the end of the two-year period, the permit shall be deemed expired after written notice to the applicant.

C.  Provided, nothing in this section shall be construed as extending the time within which the waters authorized for use must be placed to actual beneficial use as provided in the permit and Sections 105.16 through 105.18 of this title.

Laws 1972, c. 256, § 15; Laws 1981, c. 35, § 3, emerg. eff. April 8, 1981; Laws 1993, c. 164, § 4, emerg. eff. May 10, 1993.

§82105.16.  Time for putting water to beneficial use.

A.  Unless a schedule of use is provided by the Board as authorized in this section, a regular permit shall require that the whole of the amount of the water authorized by the permit be put to beneficial use within a period of less than seven (7) years.

B.  If, upon evidence presented to the Board, and considering the present and future needs of the stream system of origin, it appears that the proposed project, improvement or structure will promote the optimal beneficial use of water in the state, and it further appears that the total amount of water to be authorized by the permit cannot be put to beneficial use within seven (7) years, then the Board shall provide in the permit the time within which the total amount to be authorized shall be put to beneficial use.  This time shall be the useful life of the proposed project, improvement or structure as found by the Board.  In order to insure orderly progress toward total beneficial utilization within the said time set by the Board, the Board shall provide in the permit a schedule of times within which certain percentages of the total amount to be authorized must be put to beneficial use.

C.  Nothing in this act shall be deemed to reestablish any right to the use of any water which has been lost by failure to use same or by forfeiture prior to July 5, 1961.

Laws 1972, c. 256, § 16; Laws 1993, c. 164, § 5, emerg. eff. May 10, 1993.

§82105.17.  Reversion of water to public.

A.  To the extent that the water authorized is not put to beneficial use as provided by the terms of the permit, that amount not so used shall be forfeited by the holder of the permit and shall become public water and available for appropriation.

B.  When the party entitled to the use of water commences using water but thereafter fails to beneficially use all or any part of the water claimed by him, for which a right of use has been vested for the purpose for which it was appropriated for a period of seven (7) continuous years, such unused water shall revert to the public and shall be regarded as unappropriated public water.

Laws 1972, c. 256, § 17; Laws 1993, c. 164, § 6, emerg. eff. May 10, 1993.

§82105.18.  Loss of right to use water  Notice  Hearing.

A.  When the Board has reasonable cause to believe that the right to use water has been lost in whole or in part, as provided in Section 105.17 of this title, the Board may proceed to cancel administratively such right by notifying the claimant of such right, or his latest successor in such rights, by written notification mailed by registered or certified mail to his last known address that there is reasonable cause for believing that he has lost his water rights under the provisions of Section 105.16 or 105.17 of this title.

B.  Such notice shall be mailed at least thirty (30) days prior to the date set for the hearing and shall give the time and place set for the hearing on such water rights; provided that if there is evidence that delivery of such notice by registered or certified mail cannot be made to the claimant, or his successor in such water rights, the Board shall give notice by publishing the same in a local newspaper qualified to publish such notice, nearest the point where said water right had attached, once each week for two (2) consecutive weeks.  Such hearing date shall be set not earlier than thirty (30) days after the last publication date of said notice.

C.  At such hearing the claimant of such water right, or his successor in such right, shall have the right to show cause why such water right should not be declared to have been lost through nonuse.  Such cause may be shown by substantial competent evidence that the failure to beneficially use the water subject to forfeiture was caused by circumstances beyond the control of the claimant and the claimant was ready and willing to use the water.

Procedures of hearings and appeals shall be governed by the Administrative Procedures Act.

D.  Provided, that the failure of the Board to determine that a right to use water has been lost in whole or in part for nonuse shall not in any way revive or continue the said right.

Laws 1972, c. 256, § 18; Laws 1979, c. 140, § 1; Laws 1993, c. 164, § 7, emerg. eff. May 10, 1993.

§82105.19.  Surrender of water rights.

The Board may accept the surrender of any water right by the holder thereof pursuant to rules and regulations adopted by the Board.

Laws 1972, c. 256, § 19.  

§82105.20.  Violations.

The unauthorized use of water, the unauthorized transfer of a water right, the continued use of works which are unsafe after receiving notice to repair, the waste of water, the unauthorized severance of a water right from the land to which it is appurtenant, the refusal to change unsafe works when directed to do so, or the injury or obstruction of waterworks shall be a misdemeanor and each day such violation continues shall be a separate violation.  In addition to filing criminal complaints and any other remedies provided herein, the Board shall have the right to bring an action in the district court of the county wherein such act or omission occurs to enjoin the same.  The Board and its authorized agents shall have a reasonable right to go upon private property in the performance of their duties hereunder and shall have the duty to file complaints of violations of the penal provisions of this section.

Laws 1972, c. 256, § 20.  

§82105.21.  Surplus water.

The owner of any works for the storage, diversion or carriage of water, which contain water in excess of his needs for irrigation or other beneficial use for which it has been appropriated, shall be required to deliver such surplus, at reasonable rates for storage or carriage, or both, as the case may be, to the parties entitled to the use of the water for beneficial purposes.  In case of the refusal of such owner to deliver any such surplus water at reasonable rates as determined by the Board, he may be compelled to do so by the district court for the county in which the surplus water is to be used.

Laws 1972, c. 256, § 21.  

§82105.22.  Severance and transfer of water right.

All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used: Provided, that if for any reason it should at any time become impracticable to beneficially or economically use water for the irrigation of any land to which the right of use of same is appurtenant, said right may be severed from said land, and simultaneously transferred, and become appurtenant to other land, without losing priority of right theretofore established, if such change can be made without detriment to existing rights, on the approval of an application of the owner to the Board.  Before the approval of such application, the applicant must give notice thereof by publication once a week for two (2) consecutive weeks in a newspaper or newspapers of general circulation in the county or counties in which each tract of land is located.  The notice shall be in the form prescribed by the Board and shall include the name of the applicant, the date, time and place and kind of use and a description of the nature of the proposed change.  The final publication of the notice shall precede the date of the hearing by at least thirty (30) days.

After proof of notice and hearing, the Board shall issue its order.  The order may deny or grant the application in whole or in part upon such conditions as are necessary to preserve the rights of the parties.  Any person aggrieved by the order may seek relief as provided for in The Administrative Procedures Act.

Laws 1972, c. 256, § 22.  

§82105.23.  Use of water for other purposes.

Any appropriator of water including but not limited to one who uses water for irrigation, may use the same for other than the purposes for which it was appropriated, or may change the place of diversion, storage or use, in the manner and under the conditions prescribed for the transfer of the right to use water for irrigation purposes in Section 105.22 of this title.

Amended by Laws 1988, c. 203, § 4, emerg. eff. June 10, 1988.  

§82105.24.  Assignment of appropiation permit  Transfer of title to land.

Any permit to appropriate water may be assigned, but no assignment shall be binding, except upon the parties thereto, unless filed for record in the office of the Board.  The evidence of the right to use water from any works constructed by the United States or its duly authorized agencies shall in like manner be filed in the office of the Board upon assignment; provided, that no permit to appropriate water for irrigation purposes shall be assigned, or the ownership thereof in any way transferred, apart from the land to which it is appurtenant, except in the manner specially provided by law; provided, further, that the transfer of title to land in any manner whatsoever shall carry with it all rights to use of water appurtenant thereto for irrigation purposes.

Laws 1972, c. 256, § 24.  

§82105.25.  Notice of completion  Inspection.

On the date set for the completion of the work, or prior thereto, upon notice from the owner that the work has been completed, the Board shall cause the work to be inspected after due notice to the owner of the permit.  Such inspection shall be thorough and complete, in order to determine the actual capacity of the works, their safety and efficiency.  If not properly and safely constructed, the Board may require the necessary changes to be made within a reasonable time and shall not issue a certificate of completion until such changes are made.  Failure to make such changes within the time required by the Board shall cause the postponement of the priority under the permit for such time as may elapse from the date for completing such changes until made to the satisfaction of the Board and applications subsequent in time shall have the benefit of such postponement of priority; provided, the Board may accept the report of inspection by a registered professional engineer.

Laws 1972, c. 256, § 25.  

§82105.26.  Certificate of completion.

When the works are found in satisfactory condition, after inspection, the Board shall issue a certificate of completion of construction, setting forth the actual capacity of the works and such limitations upon the water right as shall be warranted by the condition of the works, but in no manner extending the rights described in the permit.  Laws 1972, c. 256, Section 26.

Laws 1972, c. 256, § 26.  

§82105.27.  Unsafe works to be changed  United States works not subject to inspection.

If the Board shall, in the course of its duties, find that any works used for storage, diversion or carriage of water are unsafe and a menace to life and property, it shall at once notify the owner or his agent, specifying the changes necessary and allowing a reasonable time for putting the works in safe condition.  Upon the request of any party, accompanied by the estimated cost of inspection, the Board shall cause any alleged unsafe works to be inspected.  If they shall be found unsafe by the Board, the money deposited by such party shall be refunded and the fees for inspection shall be paid by the owner of such works; and, if not paid by him within thirty (30) days after the decision of the Board, shall be a lien against any property of such owner, to be recovered by suit instituted by the district attorney of the county at the request of the Board.  The Board may, when necessary, inspect any works for the storage, diversion or carriage of water and require any changes necessary to secure their safety; and the fees for such inspection shall be a lien on any property of the owner and shall be subject to collection as provided herein; provided, that any works constructed by the United States, or by its duly authorized agencies, shall not be subject to such inspection while under the supervision of officers of the United States.  Provided, that liens provided for in this section shall be superior in right to all mortgages or other encumbrances, except ad valorem tax liens, placed upon the land and the water appurtenant thereto or used in connection therewith.

Amended by Laws 1988, c. 203, § 5, emerg. eff. June 10, 1988.  

§82105.28.  Measurement of water.

The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard measurement of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to fortythree thousand five hundred sixty (43,560) cubic  feet.

Laws 1972, c. 256, § 28.  

§82105.29.  Appropriations of water by the United States.

A.  Whenever the proper officers of the United States, authorized by law to construct works for the utilization of waters within the state, shall notify the Board that the United States intends to utilize certain specified waters, the water so described, and unappropriated at the date of such notice, shall not be subject to further appropriation under the laws of this state, provided that upon receipt of notice as hereinabove provided the Board shall prepare and give public notice by publication in at least two newspapers qualified to publish such notices in each county or counties in which such stream system or stream systems are situated, as may be affected by such proposed withdrawal by the United States. Provided that in counties in which there is but one such newspaper, it shall be sufficient to publish the said notice in that newspaper. Such notice shall be published at least thirty (30) days prior to the date set for the hearing, setting forth the date, time and place, together with a general description of the proposed works to be constructed by the United States and location in such stream system, the volume of water requested under such withdrawal and any other pertinent information that will be helpful in apprising all interested parties as to the probable effect of such withdrawal by the United States.  Interested parties may make oral statements for the record at such hearing, or they may present written statements at the hearing or before the hearing, to the Board at its offices. After the hearing the Board shall consider all evidence submitted at the hearing and determine if the proposed withdrawal is in harmony with the best interests of the state.  Provided further, if the Board finds that the withdrawal of waters requested is not in the best interests of the state, then the Board shall:

1.  Have the authority to reduce the amount of water requested for withdrawal; and/or

2.  Attach such conditions to the proposed withdrawal as the Board deems in harmony with the best interests of the state; or

3.  Reject the request for withdrawal in its entirety. Provided further, that the Board shall notify the United States, or its proper officers, of its findings within thirty (30) days after the final decision has been reached by the Board.  Provided further, that if the Board approves the withdrawal of all or a part of the waters requested to be withdrawn by the United States or its authorized officers, such officers shall, within a period of three (3) years from the date of said notice, file plans for the proposed works in the office of the Board for its information and no adverse claim to the use of the waters approved for withdrawal required in connection with such plans initiated subsequent to the date of such notice shall be recognized under the laws of the state, except as to such amount of the water described in such notice as may be formally released in writing by an officer of the United States, thereunder duly authorized; provided, that in case of failure to file plans for the proposed work within three (3) years, as herein required, the water approved for withdrawal specified in the notice given by the United States to the Board shall become public water, subject to general appropriation; provided further that in case the proposed work as detailed in the plans to be filed as herein required is not commenced and continued with due diligence within eight (8) years from the date of filing of the plans with the Board, the water approved for withdrawal specified in the request for withdrawal shall become public water subject to general appropriation; provided, that when actions relating to project authorization for initiation of construction are delayed pending actions of the Congress, or water right adjudications by the state, national emergencies or other valid and good reasons, the Board may extend the period beyond eight (8) years within which work may be commenced or resumed as provided herein by making a finding of fact and filing a report in the office of the Board that it is the opinion of the Board that releasing the waters involved to general appropriation may be detrimental to the best interests of the state and the area involved.  Such finding shall state specifically the additional time to be granted within which proposed work on the project or projects, covered by plans, shall be commenced or resumed.

B.  Any waters withdrawn prior to May 23, 1967, by the United States under statutes of this state in the stream systems of the state shall be only those waters necessary for the plans filed for the project's economic justification and water supply.  Any remaining portion of the waters of such stream system which are not required for the project as planned by the United States and for which plans are duly filed with the Board, as hereinabove provided, shall be subject to general appropriation as provided by state law; provided further, that any withdrawal notice by the United States and the filing of project plans by the United States prior to October 2, 1959, shall be considered as effective and continued in full force to the maximum time allowed above from October 2, 1959. Provided, that as to said water withdrawn by the United States prior to May 23, 1967, the Board may extend such time for the causes and in the manner as provided in this act for the extension of time for the building of works utilizing waters withdrawn after May 23, 1967.

Laws 1972, c. 256, § 29.  

§82105.30.  Extension of period of withdrawal under national emergency.

In case of national emergency, such as war, during periods when materials for the construction of projects as herein contemplated by the United States may not be available, such periods of emergency shall not be chargeable to the maximum period provided for the construction of projects initiated under this act.

Laws 1972, c. 256, § 30.  

§82105.31.  Records of Oklahoma Water Resources Board open to public.

The records of the office of the Board shall be public records, shall remain on file in its office and shall be open to the inspection of the public at all times during business hours. Such records shall show in full all lists of vested water rights in the several stream systems of the state, permits issued, completion of works reports, together with all actions thereon or decisions of the Board affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the office of the Board shall be evidence equally with the originals thereof and when introduced as evidence shall have the same validity as the originals.

Laws 1972, c. 256, § 31.  

§82105.32.  Effect of act on forfeited water rights and priority dates.

The codifying and renumbering of the several sections of Chapter 1 in Title 82 of the Oklahoma Statutes shall not alter their effectiveness by the adoption of this act; nor shall this act with its several amendments to existing law be deemed to reestablish any water rights that have heretofore been lost or forfeited under laws heretofore in effect prior to the effective date of this act; nor shall the adoption of this act change in any manner priority dates for the right to use water under the laws in effect prior to the adoption of this act.

Laws 1972, c. 256, § 32.  

§82-110.1.  Short title.

This act shall be known and may be cited as the "Oklahoma Dam Safety Act".

Added by Laws 1992, c. 185, § 1, eff. July 1, 1992.

§82-110.2.  Legislative intent.

It is recognized by the Oklahoma State Legislature that properly constructed, operated and maintained dams used to impound water and create reservoirs for the purposes of public and private water supply, irrigation, industrial use, recreation, fish and wildlife, water quality control, flood prevention and control, sediment control, and other beneficial uses constitute vital parts of the State of Oklahoma's water resources, and that reasonable regulation of such construction, operation and maintenance is beneficial and necessary for the public health and welfare and to protect lives and property.  It is the intent of the Legislature that the provisions of this act shall reaffirm and clarify such regulation and the dam safety program of the Oklahoma Water Resources Board already established and shall further provide sufficient basis for communities in the National Flood Insurance Program to obtain favorable consideration of rate decreases for their citizens offered through the Community Rating System administered by the Federal Emergency Management Agency.

Added by Laws 1992, c. 185, § 2, eff. July 1, 1992.

§82-110.3.  Definitions.

As used in this act:

1.  "Board" means the Oklahoma Water Resources Board;

2.  "Dam" means any artificial barrier, together with appurtenant works, which does or may impound or divert water;

3.  "Gully plug" means any grade stabilization structure that has less than five (5) acre-feet of water storage available below the principal spillway elevation and less than fifty (50) acre-feet of storage volume below the emergency spillway elevation;

4.  "Owner" means any person who, jointly or severally, owns, controls, maintains, manages, or proposes to construct a dam or reservoir, and includes but is not limited to those persons shown by records of the county registrar of deeds in the county where the dam or reservoir lies to have some interest, by fee, easement, mortgage or otherwise, in the land on which the dam and lake lie, and may also include but is not limited to those persons who may derive a direct pecuniary benefit from the existence of the lake; and

5.  "Person" means any individual, firm, partnership, association, corporation, any trust formed for the benefit of an individual, business or any public entity, federal agency, the State of Oklahoma and any political subdivision thereof, municipalities, and any other legal entity.

Added by Laws 1992, c. 185, § 3, eff. July 1, 1992.

§82-110.4.  Dams subject to regulation under this act.

A.  Dams, together with appurtenant works, which meet the following alternative criterion are subject to the provisions of this act and rules promulgated by the Oklahoma Water Resources Board pursuant to this act:

1.  Dams which are or will be twenty-five feet (25') or more in height measured from the natural stream channel to the top of the dam; or

2.  Dams which have or will have an impounding capacity of fifty (50) acre-feet or more;

provided, that any barrier to the flow of water which does or may impound water and which is or will be six feet (6') or less in height, regardless of storage capacity, or which has or will have a storage capacity of fifteen (15) acre-feet or less, regardless of height, shall not be subject to regulation under this act unless it is determined to have a high hazard potential classification as established by the Board.

B.  No barrier to the flow of water determined by the Board to be designated primarily for roadfill shall be subject to regulation under this act.

C.  Gully plugs are not subject to regulation under this act.

D.  Dams constructed by any agency of the United States Government shall not be subject to regulation under this act during or after construction while such dams remain under the supervision of any officer or agency of the United States.

Added by Laws 1992, c. 185, § 4, eff. July 1, 1992.

§82-110.5.  Oklahoma Water Resources Board - Powers and duties.

The Oklahoma Water Resources Board, in addition to other powers and duties as provided by law, shall have the following powers and duties:

1.  To promulgate rules necessary to carry out the provisions of this act, including but not limited to rules relating to hazard and size classifications, minimum standards for design, operation and maintenance of dams, and fee schedules for inspections and other services provided to carry out the dam safety program authorized by this act;

2.  To review and grant or deny applications to approve plans and specifications for construction of new dams and modifications of existing dams, based on the applicable minimum standards adopted provided that an owner who proposes to construct a new dam classified as having a low hazard potential that will be used primarily for agriculture purposes, and will be designed or constructed with the assistance of a local conservation district or federal agriculture related agency, shall be required only to notify the Board of such construction;

3.  To supervise and oversee construction of new dams and modifications of existing dams;

4.  To inspect existing dams and dams under construction in accordance with the following requirements:

a. dams classified as having a high hazard potential shall be inspected at least once annually,

b. dams classified as having a significant hazard potential shall be inspected at least once every three (3) years, and

c. dams classified as having a low hazard potential shall be inspected at least once every five (5) years;

provided, that the Board shall accept an inspection report of a registered professional engineer having practical experience in the analysis, design and construction of dams and employed or retained by the owner for dams classified as high or significant hazard potential, or by an engineer employed by any United States governmental agency acting in an official capacity, and provided further, for dams classified as low hazard potential, the Board may exempt such inspections as set forth in its rules and may accept an inspection report of a person trained in inspecting dams and who is employed or retained by the owner.  Fees for such inspections conducted by the Board and for reviewing inspection reports prepared by others shall be as set forth in rules promulgated by the Board;

5.  To require maintenance, repairs and modifications of existing dams as necessary, including compliance schedules, so that minimum standards can be met;

6.  To have reasonable access to public and private property for the purpose of inspecting and investigating conditions related to dams and to require that records of owners of dams be inspected and copied;

7.  To cooperate with agencies of federal, state and local governments and private persons, including but not limited to the Oklahoma Conservation Commission and local conservation districts, in carrying out its duties under this act;

8.  To disseminate information about the dam safety program; and

9.  To exercise all incidental powers which are necessary and proper to carry out the purposes of this act.

Added by Laws 1992, c. 185, § 5, eff. July 1, 1992.

§82-110.6.  Effect of act on liability of dam owners.

Nothing in this act shall relieve an owner of a dam from any liability related to the construction and maintenance of such dam.

Added by Laws 1992, c. 185, § 6, eff. July 1, 1992.

§82-110.7.  Supervision of dam safety program.

The dam safety program authorized by this act shall be supervised within the Oklahoma Water Resources Board by an engineer registered with the State Board of Registration for Professional Engineers and Land Surveyors or successor agency and who shall have practical training or experience concerning the analysis, design, and construction of dams and reservoirs.

Added by Laws 1992, c. 185, § 7, eff. July 1, 1992.

§82-110.8.  Notice of completion of construction - Certification.

A.  Certificates of completion of works from the Oklahoma Water Resources Board shall be required before any water may be impounded by a new dam or before water may be impounded at an elevation higher than that previously authorized by the Board at an existing dam which has been modified.  Said certificate shall contain the date of approval of plans and specifications for the dam, date construction was completed on said dam, and any other conditions as may be required by the Board.

B.  The owner must give notice of completion of construction of the new dam or of modifications to an existing dam to the Board, and the Board shall inspect such dam before issuing a certificate of completion.

C.  The Board may modify, revoke or amend any said certificate as necessary to assure the safety of the dam.

D.  Fees for the inspections and for the issuance of certificates required by this section shall be set forth in rules promulgated by the Board.

Added by Laws 1992, c. 185, § 8, eff. July 1, 1992.

§82-110.9.  Records - Disclosure to Board - Notice of flood events.

A.  Owners of dams are responsible for keeping accurate records pertaining to the design, construction, operation and maintenance of their dams and to make the same available upon request of the Oklahoma Water Resources Board.

B.  Owners of dams must give timely notice to the Board of flood events or other circumstances that may affect the integrity or safety of the dam.  Said notice must be given as required by rules of the Board.

Added by Laws 1992, c. 185, § 9, eff. July 1, 1992.

§82-110.10.  Failure, neglect or refusal to comply with act - Orders - Penalties - Judicial relief.

A.  When an owner fails, neglects or refuses to comply with this act, rules promulgated pursuant to this act, or orders of the Oklahoma Water Resources Board, and there is no imminent peril to the public health or welfare shown, the Board may, after notice and opportunity for hearing, issue an order requiring such owner to take whatever action the Board deems necessary to place the dam in a safe condition, meet the requirements of this act, rules of the Board, or the previous orders of the Board.  Such action may include but is not limited to lowering the level of or removing all water in the reservoir, providing an adequate warning to the public downstream, repair or modification of the existing dam after having the appropriate application for approval of plans and specifications granted, cease all construction work on a dam, and implementation of an appropriate operation and maintenance plan.

B.  When an owner fails, neglects or refuses to comply with this act, rules promulgated pursuant to this act, or orders of the Board, and there is an imminent peril to the public health or welfare shown, the Executive Director of the Board, or Assistant Director in the absence of the Executive Director, may, without notice or opportunity for hearing, issue an emergency order requiring such owner to take actions the Board deems necessary to place the dam in a safe condition.  Said emergency order shall indicate the finding of imminent peril and shall specify the actions that are to be taken immediately.  The order shall also specify a time and place for hearing to be held after such actions are taken.

C.  The Board may impose administrative penalties against owners of dams who fail, refuse or neglect to comply with the provisions of this act, rules of the Board promulgated pursuant to this act, or orders of the Board.  Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties.  The notice and opportunity for hearing required by this paragraph may be combined with the notice and hearing required in paragraph A of this section.  Said penalties shall not exceed Five Hundred Dollars ($500.00) per day for each violation.  Each day a violation continues shall constitute a separate violation.

D.  The Board may seek judicial relief to enforce provisions of this act, rules promulgated pursuant to this act, and orders of the Board by instituting action in the district court where the dam or a major portion thereof is located.

E.  If records and information available to the Board show that there may be more than one owner of the dam subject to administrative or judicial relief authorized by this section, the Board is not required to give all such owners notice of proceedings involving the dam, and such owners who do not receive notice or enter their appearance in the proceedings shall not be deemed indispensable parties, provided however, the Board shall use its best efforts to provide notice to all known owners, considering the number and type of interest of such owners, amount of control exercised over the operation and maintenance of the dam by such owners, the need to expeditiously proceed to hearing, and possible harm by not providing such notice.

Added by Laws 1992, c. 185, § 10, eff. July 1, 1992.

§82-110.11.  Appeals of orders.

Appeals of orders issued by the Oklahoma Water Resources Board pursuant to this act, except emergency orders issued under subsection B of Section 10 of this act, shall be taken pursuant to Article II of the Administrative Procedures Act, Sections 205 et seq. and 301 et seq. of Title 75 of the Oklahoma Statutes.

Added by Laws 1992, c. 185, § 11, eff. July 1, 1992.

§82-110.12.  Effect of act on other laws and rules.

The provisions of this act shall be supplementary to other provisions of law.  Rules of the Oklahoma Water Resources Board relating to dams which were promulgated prior to the effective date of this act shall remain effective until amended.

Added by Laws 1992, c. 185, § 12, eff. July 1, 1992.

§82-110.20.  Cache Creek Water Supply and Flood Impact Task Force.

A.  There is hereby created the Cache Creek Water Supply and Flood Impact Task Force.  The objective of the task force shall be to study and review the hydrological characteristics of streams in the Cache Creek basin and determine the impact of the operation of Lake Lawtonka and Lake Ellsworth in order to consider alternatives for maximizing the water supply and recreation capacity of such lakes for the long-range needs of the region in addition to minimizing the impact of flooding in the agricultural areas near Cache Creek in Comanche and Cotton counties.

B.  The task force shall be a permanent task force until such time it is abolished by the joint agreement of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

C.  Membership of the task force shall be as follows:

1.  One representative from the City of Lawton to be selected by the Lawton City Council;

2.  One representative each from the Comanche County Conservation District and the Cotton County Conservation District to be selected by their respective Board of Directors;

3.  The Executive Director of the Oklahoma Water Resources Board, or a designee;

4.  Members of the Oklahoma State Senate and the Oklahoma House of Representatives who represent districts affected by the water supply, recreational use and flooding impact of Cache Creek, Lake Ellsworth and Lake Lawtonka; and

5.  Other members as deemed necessary by the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

D.  Legislative members of the task force shall receive reimbursement for necessary travel expenses pursuant to Section 456 of Title 74 of the Oklahoma Statutes.  Non-legislative members shall receive reimbursement for necessary travel expenses pursuant to the State Travel Reimbursement Act.

E.  The first meeting of the task force shall be made by a joint call of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Members of the task force shall select a chair and vice-chair at the first meeting.  Subsequent meetings may be held at the call of the chair, or as deemed necessary by the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

F.  The task force shall declare findings and submit written recommendations to the Oklahoma Legislature as they deem necessary.

Added by Laws 2000, c. 381, § 1, emerg. eff. June 7, 2000.

§82-277.  Short title.

Sections 1 through 25 of this act shall be known and may be cited as the "Oklahoma Irrigation District Act".

Added by Laws 1992, c. 69, § 1, emerg. eff. April 13, 1992.

§82277.1.  Definitions.

As used in the Oklahoma Irrigation District Act:

1.  "District" means an irrigation district, organized under the laws of this state, including but not limited to those which have a contract with this state or the United States Government, or agencies thereof, under the reclamation laws for the construction, maintenance and operation of an irrigation system;

2.  "Board" means the board of directors of an irrigation district;

3.  "Director" means a director of an irrigation district;

4.  "Assessments" means any annual or special fee imposed by an irrigation district for the payment of organization, maintenance, operating and current expenses, water charges, cost of construction or improvements, emergency repairs and any other lawful expenditure authorized by the directors or the electors;

5.  "Elector" means any person who is of legal voting age and is the owner in fee or the owner of a life estate in at least ten (10) acres or an undivided interest equaling ten (10) acres of irrigable land within said district or proposed district, or any trustee for a beneficiary or guardian of any ward who owns either in fee or a life estate in at least ten (10) acres of irrigable land; or an executor, administrator or trustee of any estate owning at least ten (10) acres of irrigable land in said district or proposed district.  The owner of any remainder of any land subject to a life estate shall not be an elector;

6.  "Irrigable land" means that land which is principally used for the cultivation of crops or the raising and feeding of livestock where value or use can be enhanced by watering through irrigation channels or systems;

7.  "Reclassification" means the process of including or excluding land within the boundaries of an irrigation district; and

8.  "Transfer" means the process of substituting land which is assessed for other land within or immediately adjacent to the boundaries of an irrigation district.

Laws 1973, c. 179, § 1, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 2, emerg. eff. April 13, 1992.

§82277.2.  Proposal by titleholders to organize irrigation district.

If a minimum of ten or a majority of the holders of title to irrigable lands from a common source or combined sources and by the same system or combined systems of works, desire to provide for the irrigation of such irrigable lands, the holders may propose the organization of an irrigation district by petition pursuant to the Oklahoma Irrigation District Act.

Laws 1973, c. 179, § 2, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 3, emerg. eff. April 13, 1992.

§82277.3.  Petition  Contents.

The petition shall be signed by the petitioners, filed with the Oklahoma Water Resources Board, and shall contain the following information:

1.  A specific description of the lands within the proposed district;

2.  The names and addresses of all of the electors within the proposed district as reflected by the records of the county clerk of the county wherein the land is located;

3.  The proposed plan of operation and such additional data and information required by rules and regulations of the Oklahoma Water Resources Board;

4.  An attached map showing the boundaries of the proposed district; and

5.  A request that the district be organized.

Laws 1973, c. 179, § 3, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 4, emerg. eff. April 13, 1992.

§82277.4.  Hearing  Notice  Order.

After receipt of the petition, the Oklahoma Water Resources Board shall:

1.  Set the petition for hearing before a hearing officer in a place of general convenience at the nearest county seat.  The Oklahoma Water Resources Board shall instruct the petitioners to publish, at their expense, notice of said hearing by legal publication for two (2) consecutive weeks in a newspaper of general circulation, published in each county containing lands within the boundaries of the proposed district.  Such hearing date shall be set not earlier than thirty (30) days after the last publication date of said notice.  In addition, owners of land included in the proposed district, as reflected by the records of the county clerk of the county wherein the land is located, shall be notified by the petitioners of the hearing by registered or certified mail.  Such notice shall be mailed at least thirty (30) days prior to the date set for the hearing.  The notice shall contain:

a. a brief statement describing the purpose of such hearing,

b. a description of the territory to be included within said district, and

c. the date and the time and place of the hearing at which all persons residing or owning property within the proposed district may appear and be heard concerning the petition;

2.  Permit filing of statements supporting or opposing the same;

3.  Approve or deny the petition and plan as the Oklahoma Water Resources Board deems advisable;

4.  Include or exclude lands within the district, upon application of the owners thereof, provided the Oklahoma Water Resources Board finds that it is in the best interest of the district and the owners of such land;

5.  If the organization of the district is approved, issue an order describing the boundaries of the district.  The order shall be filed of record within thirty (30) days after the date of issuance by the Oklahoma Water Resources Board in the office of the county clerk of each county or counties wherein lands included within the district are located; and

6.  Call a meeting, and instruct the petitioners to give notice by mail of such meeting, of the district electors for the purpose of adopting bylaws and electing directors.

Laws 1973, c. 179, § 4, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 5, emerg. eff. April 13, 1992.

§82277.5.  Electors - Persons eligible to serve - First meeting - Adoption of bylaws - Other business.

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.

§82277.6.  Board of directors - Oath of office - Surety bond - Powers and duties - Effect on other laws.

A.  Each director of the board shall take and subscribe to the official oath of office and execute a surety bond to the district conditioned upon the faithful discharge of his duties.

B.  The board shall:

1.  Elect a president or chairman and vice-president or vice-chairman from its members and elect or appoint a secretary-treasurer.  The secretary-treasurer of the board shall be bonded;

2.  Conduct its business in open meeting, pursuant to the Oklahoma Open Meeting Act;

3.  Maintain its records pursuant to the Oklahoma Open Records Act, except those records which are considered private or confidential under applicable laws of the United States;

4.  Have standing to appear before any court of this state.  Such standing shall extend to all matters germane to the powers and duties of the district including but not limited to questions of the validity of the establishment and operation of the district, contracts and collection of delinquent assessments;

5.  On a date specified by the board, each year, prepare a budget, estimating the amount of money required for the ensuing year to meet all obligations of the district and determine the assessments necessary to pay those obligations.  Assessments may be modified or adopted by the Board when determined necessary;

6.  Determine collection procedures for all assessments imposed by the district.  Assessments may be set by the board for all expenses of the district including the establishment and maintenance of a reserve fund, provided, however, that any assessments for construction or improvements and the principal indebtedness and interest which may be incurred relating thereto shall be approved by vote of the electors.  The amount approved by the electors for construction or improvements may include additional amounts necessary for the establishment of a reasonable reserve and the payment of costs of issuance and underwriters' discount.  The maximum amount of principal indebtedness and interest shall not be less than one hundred ten percent (110%) of the estimated cost of such construction or improvement, in order to provide for contingencies.  All plans of construction and improvements shall be submitted to the Oklahoma Water Resources Board;

7.  Let contracts for public improvements or public construction projects of the district.  Such improvements or construction projects shall be on sealed bids to the lowest and best responsible bidder and shall be conditioned upon the filing of a performance bond equal to one hundred percent (100%) of the contract price for the faithful performance of the contract except as otherwise provided by the Public Competitive Bidding Act;

8.  Cause an independent auditor to prepare and furnish an annual certified audit of the financial condition of the district for the preceding year to the board.  A copy of such audit shall be submitted to the Oklahoma Water Resources Board, and made available to the electors and creditors of the district; and

9.  In the best interests of the entire district, establish a written comprehensive and reasonable plan of operation for the release, distribution, and use of water among the owners of lands within the district.  Prior to the adoption of any final plan of operation or amendments thereto, the board shall provide for a meeting on the proposed or modified plan of operation.  Notice of the intended action shall be mailed to the electors.  Copies of the plan or amendments thereto shall be made available, at no charge, to the electors.  The board shall fully consider all written and oral submissions respecting the plan or amendments thereto.  A final plan of operation or amendments thereto shall be submitted to the electors for approval at the annual meeting or at a special meeting of the electors called for such approval.  Upon approval of such plan or amendments thereto, the plan or plan as amended shall constitute the official plan of operation for the district.  Copies of the official plan of operation for the district shall be made available to the public.

C.  The board shall have the power and authority to:

1.  Manage and conduct the business affairs of the district;

2.  Make and execute all necessary contracts;

3.  Organize as a municipal corporation;

4.  Employ such agents, officers and employees, including but not limited to a manager, as may be required and prescribe their duties and compensation;

5.  Institute, maintain and defend any and all actions, suits and proceedings, in person or by counsel, in the name of the district;

6.  Appear before the Oklahoma Water Resources Board to protest any application not in conformity with the district's plan of operation or not in the best interests of the district;

7.  Perform any lawful act necessary to provide sufficient water to each elector in the district;

8.  Provide for the proper drainage of all lands affected by the operations of the district;

9.  Procure water either inside or outside of this state;

10.  Develop comprehensive plans for efficient use of streams and groundwater and the control and prevention of waste.  Such plans shall be filed with the Oklahoma Water Resources Board for informational purposes only;

11.  Reclassify or authorize transfer of existing lands of the district as provided in the Oklahoma Irrigation District Act;

12.  For the purposes of the district:

a. acquire by purchase, lease or grant, rights-of-way and improvement locations, and release such acquired interests, provided that the acquisition or release of the property or facilities of public service corporations shall be accomplished as provided for by Section 1722 of Title 69 of the Oklahoma Statutes,

b. enter upon lands for the making of surveys, provided consent for such entry is first obtained,

c. condemn lands in accordance with the procedure provided for condemnation of land by railroad corporations.  The power of eminent domain shall not be exercised to acquire water rights unless the land is acquired in fee.  Oil, gas and minerals shall not be subject to the power of eminent domain, except to the extent necessary to prevent activities adversely affecting the purposes of the district,

d. purchase and acquire leases of water rights,

e. make application for appropriations of water,

f. construct, use, maintain, repair and improve canals, wells, reservoirs and water supply and distribution facilities and appurtenances of all kinds, and

g. enter into contracts and obligations with this state and the United States under the provisions of the Federal Reclamation Act and all other state and federal acts for the acquisition of water supply and distribution facilities;

13.  Accept the appointment of the district as fiscal agent of the United States or this state, or accept authorization of the district by the United States or this state to make collection of money for and on behalf of the United States or this state in connection with any federal or state project, and assume the duties and liabilities incident to such action, and do any and all things required by rules and regulations now or hereafter established by any agency or department of the federal or state government in regard thereto;

14.  Accept gifts of money, property and services;

15.  Sell and dispose of the property of the district if provision is made for the payment of indebtedness thereon and consent is obtained from all lienholders:

a. all property except easements shall be sold by sealed bid to the highest bidder but the board has the right to reject all such bids,

b. if real property has been acquired by the district through the exercise of the power of eminent domain or the imminent threat thereof and the district has determined that such property shall be sold, the immediate former owner, or his heirs at law or devisees, as the case may be, shall have the first option to repurchase the property at the price at which the property was purchased from the owner,

c. if any property acquired by the district through the exercise of the power of eminent domain or the imminent threat thereof is not needed for immediate use, the former owner, or his heirs at law or devisees, as the case may be, shall have first option to lease the property until such time as the property is actually needed for district purposes;

16.  Make surveys;

17.  Carry out research projects;

18.  Upon vote of the electors, construct dams and drainage systems;

19.  Upon vote of the electors, install pumps and equipment to recharge underground basins and subbasins;

20.  Upon vote of the electors, purchase real property;

21.  Upon vote of the electors, borrow money and issue special assessment bonds or notes, in such principal amounts as do not exceed the maximum amount voted by the electors.  All such bonds or notes may bear interest at such fixed or variable rate or rates, in any combination, as may be determined by the directors of the district.  Provided, the average coupon rate thereon shall in no event exceed fourteen percent (14%) per annum;

22.  Appoint committees of electors to undertake studies and report to the board upon any issue germane to the operations and management of the district; and

23.  Generally perform all such acts as shall be necessary to conduct the affairs of the district.

D.  The provisions of this section shall not be construed to affect or supercede any laws of this state relating to the authority or the jurisdiction of any agency of this state or political subdivision of this state to implement their respective duties pursuant to law, but shall be held and construed as auxiliary and supplementary thereto.

Laws 1973, c. 179, § 6, emerg. eff. May 16, 1973; Laws 1989, c. 196, § 4, emerg. eff. May 8, 1989; Laws 1992, c. 69, § 7, emerg. eff. April 13, 1992.

§82277.7.  Assessments  Collection - Delinquent assessments - Certificate.

A.  Each year, the board shall determine the assessments for the ensuing year.

B.  1.  Except as otherwise provided by this subsection, the county treasurer shall be responsible for the collection of any assessments and delinquent assessments made pursuant to the provisions of the Oklahoma Irrigation District Act.  Such assessments shall be collected as other special assessments according to law. The special assessment book maintained pursuant to subsection E of this section shall be the county treasurer's warrant and authority to demand and receive the assessments and delinquent assessments plus interest due and owing.  Such assessments shall become due, payable and delinquent at the same time ad valorem taxes are due, payable and delinquent.

2.  The Board may collect any assessments and delinquent assessments upon written notice to the county treasurer of such collection procedure and as provided for in the official plan of operation for the district.  Such assessments shall be due, payable and delinquent on a specific date set by the board annually.

C.  Any assessments remaining unpaid after they become delinquent shall bear a penalty of one and one-half percent (1 1/2%) per month, or any part of a month, from the date of delinquency until paid.

D.  1.  Assessments collected by the county treasurer shall be certified not later than the first of October of each year to the county treasurer of the county in which the property is situated.

2.  Assessments to be collected by the board which become delinquent shall be certified to the county treasurer of the county in which the property is situated.

E.  1.  The certificate shall be substantially in the following form and shall set forth a table or schedule showing in properly ruled columns:

  a. the names of the owners of the property, which may be as they appear in the petition to establish the district until evidence is furnished the district of a change in ownership,

  b. the description of the property opposite the names of the owners,

  c. the total amount of all assessments on the property,

  d. the total amount of all delinquent assessments on the property,

  e. a blank column in which the county treasurer shall record, as applicable, the delinquent assessments collected by the district or the assessments and delinquent assessments collected by the county treasurer,

  f. a blank column in which the county treasurer shall record the date of payment of the amount due and owing to the district, and

  g. a blank column in which the county treasurer shall report the name of the person who paid the amount due and owing to the district.

2.  The certificate and report shall be prepared in triplicate in a book named "Assessment Book of Irrigation District No.___, or District Name ________, ________ County, Oklahoma".  This district number or name shall also be printed at the top of each page.

3.  Two copies of the certificate shall be forwarded to the county treasurer of the county wherein the land is located.  The county treasurer shall receive the certificate as a special assessment book, and shall certify it as other special assessment records.

4.  It shall be unlawful for any county treasurer to accept payment of the ad valorem taxes levied against any property described therein until the owner has been notified that there is a special assessment noted in the special assessment book.

Laws 1973, c. 179, § 7, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 8, emerg. eff. April 13, 1992.

§82277.8.  Collection of assessments and delinquent assessments - Reports.

A.  If the county treasurer of each county in which lands of the district are located collects any assessments and delinquent assessments, the county treasurer shall make monthly reports of the sums collected.  On the first day of each month, the county treasurer shall issue a warrant payable to the district for all sums collected.  The county treasurer shall make a report to the district, immediately after October 31 of each year, of the total sums collected and of the assessments not collected for the preceding year.

B.  If the board collects assessments and delinquent assessments, the board shall make monthly reports of the sums collected.  The board shall make a report to the district, at the annual meeting of the electors, of the total sums collected and of the assessments not collected for the preceding year.

Laws 1973, c. 179, § 8, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 9, emerg. eff. April 13, 1992.

§82277.9.  Liens  Collection of delinquent assessments - Invalid assessments - Deeds.

A.  1.  All assessments and all costs and expenses of collecting them shall constitute a lien on the lands against which the assessments have been levied.  Such lien shall attach the date the assessment certificate is filed in the office of the county treasurer and shall continue until paid.  Such lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other liens.

2.  Delinquent assessments to be collected by the county treasurer pursuant to Section 277.7 of this title shall be collected in the same manner and at the same time as delinquent ad valorem taxes are collected.  Any tax sale shall include all charges, and such lien may be evidenced by any ad valorem tax sale certificate including said charge substantially in the form required by law.

3.  For delinquent assessments to be collected by the board pursuant to Section 277.7 of this title, any actions by the board to enforce a lien established pursuant to this section shall be maintained in the same manner as actions to enforce a mortgage or deed of trust.

B.  If any assessment is declared invalid, the board shall immediately amend all proceedings, remedy all defects or irregularities and make and provide for the collection of new assessments.

C.  Unless expressly declared to the contrary, no warranty deed or deed made pursuant to a judicial sale shall warrant against any portion of any assessment or assessments levied pursuant to this section except installments due before the date of such deed.

Laws 1973, c. 179, § 9, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 10, emerg. eff. April 13, 1992.

§82277.10.  Money judgments against district.

Money judgments against the district shall be satisfied in the manner provided in Sections 365.1 through 365.6 of Title 62 of the Oklahoma Statutes, for paying judgments against county or other municipal subdivisions of this state.  The district is authorized to levy special assessments to carry out the provisions of this section.

Laws 1973, c. 179, § 10, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 11, emerg. eff. April 13, 1992.

§82277.11.  Construction and assessment elections.

A.  When the board calls an election and submits to the electors the question whether or not a construction plan and an assessment shall be levied to raise money to be used for any of the purposes provided in the Oklahoma Irrigation District Act, the election shall be called upon notice and shall be held and the result thereof determined and declared in all respects in conformity with the bylaws of the district.

B.  The notice shall specify:

1.  the proposed construction plan;

2.  the total amount of money proposed to be raised;

3.  the purpose for which it is intended to be used;

4.  the maximum annual assessments proposed to be levied; and

5.  the number of years the assessment shall continue.

C.  The ballots shall contain the words "Construction and Assessment  Yes" and "Construction and Assessment  No." If a majority of the votes are "Construction and Assessment  Yes," the Board shall, at the time of the annual levy thereunder, levy an assessment sufficient to raise the amount payable.

Laws 1973, c. 179, § 11, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 12, emerg. eff. April 13, 1992.

§82277.12.  Water delivery prohibited in delinquent cases.

No water shall be delivered to any land on which there are delinquent assessments owed to the district.  Before any water user who has been delinquent is entitled to the delivery of water, such water user shall procure from the secretarytreasurer a certificate that all assessments have been paid.

Laws 1973, c. 179, § 12, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 13, emerg. eff. April 13, 1992.

§82-277.13.  Repealed by Laws 1992, c. 69, § 27, emerg. eff. April 13, 1992.

§82277.14.  Irregularity or error in land description not jurisdictional.

Any irregularity or error in a description of land shall not be deemed jurisdictional if the land can otherwise be identified.

Laws 1973, c. 179, § 14, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 14, emerg. eff. April 13, 1992.

§82277.15.  Payment of claims against district.

No claims for goods or services shall be paid by the district until the claims have been allowed by the board.  The claims shall be paid only upon warrants signed by the manager and countersigned by the secretary-treasurer.  The warrants shall state the date authorized by the board and for what purpose.  No warrant shall be issued or obligation incurred unless the district has sufficient funds on hand to pay such warrant when it is presented for payment.  The district shall keep records of each warrant as issued and as presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, and the date of payment.  All warrants shall be drawn payable to the claimant or bearer.

Laws 1973, c. 179, § 15, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 15, emerg. eff. April 13, 1992.

§82277.16.  Consolidation.

Two or more districts desiring to consolidate into one district may file a petition with the Oklahoma Water Resources Board and shall attach the following:

1.  A certified resolution authorizing the same approved by the board of directors of all the districts;

2.  A certified resolution authorizing the same approved by the electors of the districts in a meeting called in each district for that purpose;

3.  Approval by the bondholders of the districts; and

4.  Any additional data and information required by rules and regulations of the Oklahoma Water Resources Board.

After receipt thereof, the Oklahoma Water Resources Board may approve or disapprove the petition as it deems advisable.  If the petition is approved, an amended order shall be issued and filed of record in the office of the county clerk of each county or counties wherein lands included within the consolidated district are located within thirty (30) days after date of issuance.

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

§82277.17.  Tax exemptions.

A.  All property, owned or purchased by a district, both real and personal and reasonably necessary to accomplish the purposes of the district, shall be exempt from taxation by this state, or by any municipal corporation, county or other political subdivision or taxing district of this state.  All property, products and benefits sold, leased or furnished by a district shall be exempt from sales tax.

B.  All bonds, notes and warrants and the interest thereon issued pursuant to the provisions of the Oklahoma Irrigation District Act shall be exempt from taxation by this state or by any municipal corporation, county or other political subdivision or taxing district of this state.

C.  1.  All districts organized under the provisions of the Oklahoma Irrigation District Act shall be exempt from the payment of sales and use taxes on purchases and use of tangible personal property in this state.

2.  Districts shall be exempt from payment of the vehicle excise tax levied on the transfer for first registration of vehicles purchased and used in this state.

Laws 1973, c. 179, § 17, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 17, emerg. eff. April 13, 1992.

§82277.18.  Dissolution.

A.  Upon petition by twentyfive percent (25%) of the electors of a district, the board shall call a special election to determine whether the district should be dissolved and a settlement of its financial obligations made.

B.  The election shall be conducted as provided by the bylaws of the district.  I