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Oklahoma Legislature· HB 4459Second Reading referred to Energy

An act relating to waters and water rights, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4459               By: Newton

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6                               AS INTRODUCED

7   An Act relating to waters and water rights; amending

    82 O.S. 2021, Section 1020.19, which relates to the

8   metering of wells; authorizing certain groundwater

    measurement program; authorizing certified persons or

9   entities to make certain application; listing

    requirements for applicants; allowing permit holders

10  to exceed certain allocation; prohibiting certain

    excessive use of water; providing penalty for

11  violations; and providing an effective date.

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13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  82 O.S. 2021, Section 1020.19, is

16 amended to read as follows:

17  Section 1020.19. A. Upon request of a majority of the

18 landowners residing within a basin or subbasin, the Oklahoma Water

19 Resource Board is authorized to require that water wells be metered

20 and that such meters as the Board shall approve be utilized by the

21 applicant and placed under seal, subject to reading by the agents of

22 the Board at any time. The Board may also require that the

23 applicant report the reading of such meters at reasonable intervals.

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    Req. No. 14592                                             Page 1
1   B. 1. Any groundwater irrigation district created pursuant to

2 Section 1021.1 et seq. of this title or a conservation district

3 participating in a conservation cost-share program pursuant to

4 Section 3-3-101 et seq. of Title 27A of the Oklahoma Statutes may

5 develop a groundwater measurement program that provides properly

6 maintained metering devices to allow members to utilize such devices

7 to calibrate wells and irrigation systems to ensure system

8 efficiency.

9   2. Upon certification from the groundwater irrigation district

10 or conservation district that any person or entity has participated

11 in the program, the person or entity may apply to the Oklahoma Water

12 Resources Board to participate in a five-year flexible groundwater

13 allocation. An applicant for a five-year flex allocation shall be

14 required to:

15  a. submit a certification from a groundwater irrigation

16               district or conservation district that each well

17               identified on the permit has been the subject of the

18               district's metering program of the prior year's usage

19               from a Board-approved water measurement system,

20  b. submit the same such measurement certification at the

21               end of the five-year flex period, and

22  c. pay the annual groundwater permit fee.

23  C. A five-year flex allocation shall allow the permit holder to

24 exceed the determined annual allocation in any year of the five-year

    Req. No. 14592                                                 Page 2
1 allocation; provided, that the applicant shall adhere to the

2 cumulative annually determined allocation of the basin or subbasin

3 over the five-year period. The permit holder shall not exceed the

4 permitted annual allocation by over two hundred percent (200%) in

5 any of the five (5) years.

6   D. Any permit holder that exceeds the two hundred percent

7 (200%) limitation in any one (1) year or exceeds the five-year

8 allocation shall be subject to the penalty provisions of Section

9 1020.22 of this title for the taking and use of groundwater without

10 a permit.

11  SECTION 2. This act shall become effective November 1, 2026.

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13  60-2-14592      JBH       12/30/25

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    Req. No. 14592                                                Page 3
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