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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1314 By: Jech
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7 AS INTRODUCED
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8 An Act relating to groundwater use; amending 82 O.S.
8 2021, Section 1020.16, which relates to commercial
9 drilling or plugging license; increasing cap of
9 certain fund; increasing amount of allowable
10 expenditures from certain fund; increasing amount by
10 which certain funds must be transferred; updating
11 statutory language; updating statutory reference; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 82 O.S. 2021, Section 1020.16, is
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16 amended to read as follows:
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17 Section 1020.16. A. All persons engaged in the commercial
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18 drilling or commercial plugging of groundwater wells, monitoring
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19 wells, observation wells, wells utilized for heat exchange purposes,
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20 including, but not limited to, heat pump wells and geothermal wells,
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21 and in the commercial drilling or plugging of geotechnical borings
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22 and all persons engaged in the commercial installation of water well
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23 pumps in this state shall make application for and become licensed
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24 with the Oklahoma Water Resources Board. Persons required to be
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Req. No. 3060 Page 1
1 licensed pursuant to this section shall pay an annual fee as
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2 required by the Board. The fees shall be deposited and expended as
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3 provided in subsection D of this section.
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4 B. The Board may prepare examinations and establish other
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5 requirements for applicants to obtain, maintain, and renew licenses
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6 and operator certifications. The examinations shall test the
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7 knowledge and skills of:
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8 1. Water well drillers in the construction, alteration, and
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9 repair of wells and boreholes, including proper sealing and
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10 abandonment of wells and boreholes, and the rules promulgated by the
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11 Board regarding water well and borehole drilling and plugging; and
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12 2. Pump installers in the planning, installation, operation,
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13 and repair of pumping equipment and water wells including sealing
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14 and abandonment, pumping efficiency, and the rules promulgated by
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15 the Board regarding pump installation.
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16 C. The Board may inspect any water well, monitoring well,
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17 boring, water well pump, or abandoned well and borehole. Upon
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18 consent of the owner of the land on which the well or borehole is
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19 located or as allowed by district court order, authorized
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20 representatives of the Board may enter upon and shall be given
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21 access to the premises for the purpose of inspection. If the Board
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22 finds noncompliance with applicable laws or rules or that a health
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23 hazard exists, the Board may disapprove use of the well and shall
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24 provide notice to the owner of the land on which the well is located
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Req. No. 3060 Page 2
1 and to the well driller, if known, of the disapproval. If a well
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2 has been disapproved, it shall not be used until brought into
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3 compliance and any health hazard is eliminated. Any person
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4 aggrieved by the disapproval of a well may request a hearing before
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5 the Board.
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6 D. 1. There is hereby created within the Oklahoma Water
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7 Resources Board the Well Drillers and Pump Installers Remedial
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8 Action Indemnity Fund. The Indemnity Fund shall be administered by
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9 the Board.
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10 2. The Indemnity Fund shall be excluded from budget and
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11 expenditure limitations. Except as otherwise provided by subsection
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12 E of this section, the monies deposited in the Indemnity Fund shall
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13 at no time become part of the general budget of the Oklahoma Water
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14 Resources Board or any other state agency. Except as otherwise
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15 provided by subsection E of this section, no monies from the
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16 Indemnity Fund shall be transferred for any purpose to any other
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17 state agency or any account of the Board or be used for the purpose
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18 of contracting with any other state agency or reimbursing any other
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19 state agency for any expenses. Monies in the Indemnity Fund shall
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20 only be expended for remedial actions necessary, without notice and
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21 hearing, to protect groundwater from pollution or potential
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22 pollution from wells, or boreholes under the jurisdiction of the
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23 Board that do not meet minimum standards for construction or that
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1 have been abandoned or as may be recommended by the Well Drillers
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2 and Pump Installers Advisory Council.
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3 3. The fees collected pursuant to subsection A of this section
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4 shall be first credited to the Well Drillers and Pump Installers
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5 Remedial Action Indemnity Fund. The Indemnity Fund shall be
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6 maintained at Fifty Thousand Dollars ($50,000.00) One Hundred
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7 Thousand Dollars ($100,000.00).
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8 4. Expenditures from the Indemnity Fund required pursuant to
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9 the provisions of this section shall be made pursuant to the
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10 provisions of The the Oklahoma Central Purchasing Act upon terms and
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11 conditions established by the Office of Management and Enterprise
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12 Services and shall not exceed Ten Thousand Dollars ($10,000.00)
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13 Twenty-five Thousand Dollars ($25,000.00) for each well, borehole,
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14 or pump for which action is taken.
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15 5. Except in situations where the Board has assessed and
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16 declared a health or safety emergency and a claim by the owner of
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17 the well or borehole for costs of remedial action is not paid by
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18 private insurance or other relief, the Board shall seek
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19 reimbursement as recommended by the Well Drillers and Pump
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20 Installers Advisory Council for any remedial action taken or
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21 required by the Board. Any monies received as reimbursement shall
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22 be deposited in the Well Drillers and Pump Installers Remedial
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23 Action Indemnity Fund except as otherwise provided in subsection C E
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24 of this section.
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1 E. When the Well Drillers and Pump Installers Remedial Action
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2 Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00) One
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3 Hundred Thousand Dollars ($100,000.00), the fees, monies received as
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4 reimbursement, and administrative penalties recovered under
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5 paragraph 1 of subsection G of this section shall be deposited in a
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6 separate account in the Water Resources Board Revolving Fund a
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7 revolving fund designated as the Well Drillers and Pump Installers
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8 Regulation Account, which shall be a continuing account not subject
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9 to fiscal year limitations. Monies in said such account shall be
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10 used by the Board for inspections, licensing, enforcement and
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11 education, reimbursing per diem and travel costs for members of the
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12 Well Drillers and Pump Installers Advisory Council pursuant to the
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13 State Travel Reimbursement Act, and as otherwise determined to be
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14 necessary to implement the provisions of this section.
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15 F. Before any person or firm licensed pursuant to this section
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16 shall commence the commercial drilling or plugging of any well or
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17 borehole or commence commercial installation of any pump, the person
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18 or firm shall file with the Board all data or information as the
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19 Board may by rule require to assure the protection of the
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20 groundwater in the well or borehole. After completion, the driller
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21 shall file a completion report showing all such data together with a
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22 log of the well and pumping test data if applicable.
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23 G. 1. The Board may, after notice and hearing, impose on any
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24 person administrative penalties of up to Five Thousand Dollars
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1 ($5,000.00) and may revoke, suspend, or deny renewal of any license
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2 or operator certification for each violation of the rules of the
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3 Board regarding license or certification requirements, the
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4 requirement to obtain a license or certification, or minimum
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5 construction or installation standards. The administrative
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6 penalties shall be deposited in the Well Drillers and Pump
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7 Installers Remedial Action Indemnity Fund except as otherwise
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8 provided in subsection E of this section.
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9 2. In addition to imposing administrative penalties, the Board
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10 may issue orders prohibiting actions by holders of valid licenses
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11 and operator certifications and by persons who are required to
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12 become licensed under the provisions of this section that constitute
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13 violations of rules promulgated pursuant to this section and
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14 requiring actions to remedy violations or other noncompliance with
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15 minimum standards rules for the construction of wells and borings,
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16 the plugging of wells and borings, and the commercial installation
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17 of water well pumps.
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18 H. If a respondent fails, refuses, or neglects to comply with
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19 an order of the Board to pay an administrative penalty or to take
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20 certain action, the Board may present the matter to the Attorney
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21 General who is empowered to take action to collect the
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22 administrative penalty or to compel compliance with the order of the
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23 Board. One-half (1/2) of all penalties collected by the Attorney
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24 General shall be deposited in the Well Drillers and Pump Installers
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1 Regulation Account established pursuant to subsection E of this
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2 section and one-half (1/2) shall be deposited in the Attorney
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3 General's Revolving Fund created in Section 20 of Title 74 of the
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4 Oklahoma Statutes.
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5 I. The Board is authorized to create a Well Drillers and Pump
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6 Installers Advisory Council. The Board shall establish rules
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7 stating the qualifications for membership and organization of the
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8 Council. Meetings of the Council shall be held at the call of the
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9 Executive Director of the Board. The Council shall have the
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10 following duties:
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11 1. To recommend rules to the Board, provided such written
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12 recommendations have been concurred upon by a majority of the
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13 membership of the Council; and
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14 2. To review and recommend approval or denial of use of monies
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15 in the Well Drillers and Pump Installers Remedial Action Indemnity
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16 Fund for:
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17 a. remedial actions to protect groundwater from pollution
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18 or potential pollution from wells, or boreholes under
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19 the jurisdiction of the Board which do not meet
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20 minimum standards for construction or that have been
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21 abandoned, and
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22 b. inspections, licensing, the pursuit of enforcement
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23 action with the proper authorities and education by
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24 the Board.
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1 SECTION 2. This act shall become effective November 1, 2026.
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3 60-2-3060 CN 12/29/2025 12:51:12 PM
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Req. No. 3060 Page 8Every fact on this page links to its source, starting with the official bill record.