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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 914 By: Howard
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6 AS INTRODUCED
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7 An Act relating to water and water rights; creating
7 the Oklahoma Regional Water District Act; providing
8 short title; directing the Oklahoma Water Resources
8 Board to designate certain districts by certain date;
9 specifying terms for designation; directing initial
9 development and coordination of certain districts;
10 requiring development of regional water plans;
10 specifying contents of plans; directing rule
11 promulgation; requiring notice and hearing subject to
11 certain requirements; providing for conflict
12 resolution under certain circumstances; directing
12 report submission; requiring Board to seek financial
13 assistance from certain entities; providing for
13 contractual agreements between Board and political
14 subdivisions; amending 82 O.S. 2021, Section 1086.2,
14 which relates to the Oklahoma Comprehensive Water
15 Plan; conforming language; amending Section 1,
15 Chapter 268, O.S.L. 2023 (82 O.S. Supp. 2024, Section
16 1086.7), which relates to the Oklahoma Flood and
16 Drought Management Task Force; conforming language;
17 amending 82 O.S. 2021, Section 1623, which relates to
17 the state flood plan; conforming language; updating
18 statutory language; providing for noncodification;
18 providing for codification; and providing an
19 effective date.
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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23 SECTION 1. NEW LAW A new section of law not to be
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24 codified in the Oklahoma Statutes reads as follows:
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Req. No. 604 Page 1
1 This act shall be known and may be cited as the "Oklahoma
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2 Regional Water District Act".
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3 SECTION 2. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 1086.8 of Title 82, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. The Oklahoma Water Resources Board shall designate
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7 geographic areas to be known as regional water districts and to be
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8 responsible for developing regional water plans, no later than July
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9 1, 2026. In creating boundaries for such districts, the Board shall
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10 take into consideration factors such as river basin and aquifer
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11 delineations, water utility development patterns, socioeconomic
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12 characteristics, existing regional water planning areas, political
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13 subdivision boundaries, public comment, and any other factors deemed
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14 relevant by the Board. The Board shall review and update the
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15 district boundaries as necessary, but not less than every five (5)
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16 years.
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17 B. No later than sixty (60) days after the designation of the
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18 regional water districts under subsection A of this section, the
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19 Board shall designate representatives within each district to serve
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20 as the initial coordinating body for regional water planning. The
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21 initial coordinating body shall then designate additional
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22 representatives to provide regional water planning assistance for
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23 the regional water plan, ensuring adequate representation from the
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24 interests comprising that region including, but not limited to, the
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1 public, counties, municipalities, industries, agricultural
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2 interests, environmental interests, small businesses, electric
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3 generating utilities, river authorities, rural water districts, and
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4 water utilities.
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5 C. 1. Each regional water district shall prepare a regional
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6 water plan that provides for the orderly development, management,
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7 and conservation of water resources and preparation for and response
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8 to drought conditions in order that sufficient water will be
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9 available at a reasonable cost to ensure public health, safety, and
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10 welfare, further economic development, and protect the agricultural
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11 and natural resources of the region.
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12 2. The Board shall provide guidelines for the consideration of
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13 existing regional planning efforts by a regional water district.
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14 The Board shall provide guidance for the format in which information
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15 shall be presented in any plans submitted by the district to the
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16 Board.
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17 D. Each regional water district shall submit to the Oklahoma
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18 Water Resources Board a regional water plan that:
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19 1. Is consistent with the guidance principles of the Oklahoma
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20 Comprehensive Water Plan;
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21 2. Provides information based on local and regional water
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22 needs;
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23 3. Has specific provisions for water management strategies to
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24 be used during:
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1 a. a drought of record,
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2 b. a period when flows are at seventy-five percent (75%)
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3 of normal water flow, and
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4 c. when flows are at fifty percent (50%) of normal water
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5 flow; and
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6 4. Includes consideration of:
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7 a. any existing water or drought planning efforts
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8 addressing all or a port of the regional water
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9 district,
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10 b. groundwater irrigation districts,
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11 c. all potentially feasible water management strategies
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12 including, but not limited to, improved conservation
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13 and management of existing water supplies, acquisition
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14 of available existing water supplies, and development
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15 of new water supplies,
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16 d. protection of existing water rights within the
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17 regional water district and modes and procedures for
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18 the equitable adjustment of water rights affected by
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19 the plan,
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20 e. opportunities for and the benefits of developing
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21 regional water supply facilities or providing regional
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22 management of water supply facilities, and
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23 f. voluntary transfer of water within the regional water
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24 district using sources including, but not limited to,
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1 regional water banks, sales, leases, options,
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2 subordination agreements, and financing agreements.
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3 E. 1. No later than July 1, 2026, the Board shall promulgate
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4 rules to:
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5 a. provide for the procedures for adoption of regional
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6 water plans by regional water districts and for
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7 approval of such plans by the Board, and
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8 b. govern procedures to be followed in carrying out the
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9 responsibilities of this section.
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10 2. The Board shall provide technical and financial assistance
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11 to the regional water district for the development of plans provided
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12 for in this act.
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13 3. The Board, if requested, may facilitate resolution of
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14 conflicts or disputes between regional water districts.
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15 SECTION 3. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 1086.9 of Title 82, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. After a regional water plan is developed by a regional water
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19 district pursuant to the provisions of the Oklahoma Regional Water
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20 District Act, the group shall, following publication of notice
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21 pursuant to the Oklahoma Open Meeting Act, hold not less than one
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22 public hearing at some central location within the district.
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23 B. After the regional water plan is initially prepared, the
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24 regional water district shall submit a copy of the plan to the
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1 Oklahoma Water Resources Board. The Board shall submit comments on
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2 the regional water plan as to whether the plan meets the
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3 requirements of Section 1 of this act.
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4 C. 1. If no interregional conflicts exist, the regional water
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5 district shall:
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6 a. consider all comments from the public and the Board,
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7 b. prepare, revise, and adopt the final plan, and
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8 c. submit the adopted plan to the Board for approval and
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9 inclusion in the next decennial update of the Oklahoma
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10 Comprehensive Water Plan.
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11 2. If an interregional conflict exists, the Board shall
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12 facilitate coordination between the involved regional water
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13 districts to resolve the conflict. If conflict remains, the Board
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14 shall act as a mediator between the regional water districts. Upon
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15 resolution of the conflict, the involved regional water districts
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16 shall:
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17 a. prepare revisions to their respective plans, and
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18 b. following publication of notice pursuant to the
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19 Oklahoma Open Meeting Act, hold not less than one
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20 public hearing at some central location within the
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21 respective regional planning areas.
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22 3. Following the resolution of conflicts under paragraph 2 of
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23 this subsection, the regional water districts shall:
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24 a. consider all comments from the public and the Board,
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1 b. prepare, revise, and adopt their respective final
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2 plans, and
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3 c. submit the adopted plan to the Board for approval and
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4 inclusion in the next decennial update of the Oklahoma
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5 Comprehensive Water Plan.
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6 D. The Board may only approve a regional water plan after it
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7 has determined that all interregional conflicts involving that
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8 regional water district have been resolved.
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9 E. A regional water district shall submit their adopted
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10 regional water plan to the Board not later than one (1) year prior
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11 to the upcoming decennial update of the Oklahoma Comprehensive Water
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12 Plan pursuant to Section 1086.2 of Title 82 of the Oklahoma
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13 Statutes. Subsequent regional water plans shall be submitted every
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14 nine (9) years thereafter and shall follow the public participation
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15 requirements prescribed in this section.
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16 F. The Oklahoma Water Resources Board shall take all necessary
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17 action to qualify for federal assistance in financing the
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18 development and improvement of regional water districts.
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19 G. 1. The Board may enter into contracts with political
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20 subdivisions to fund all or part of the cost of developing or
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21 revising a regional water plan as provided for in this act.
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22 2. A political subdivision may submit, either individually or
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23 jointly with other political subdivisions, a written application to
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1 the Board for the purpose of funding regional water planning
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2 research for a regional water district.
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3 3. The application to the Board shall include, but not be
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4 limited to:
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5 a. the name of the political subdivision or subdivisions,
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6 b. the amount requested from the Board for regional water
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7 planning efforts, and
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8 c. any other relevant information required or
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9 specifically requested by the Board.
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10 H. After notice and hearing pursuant to the Oklahoma Open
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11 Meeting Act, the Board may award a political subdivision all or part
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12 of the requested funds that the Board considers necessary for the
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13 political subdivision to facility regional water planning with the
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14 regional water district.
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15 SECTION 4. AMENDATORY 82 O.S. 2021, Section 1086.2, is
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16 amended to read as follows:
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17 Section 1086.2. For the purpose of effectuating the provisions
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18 of this act and the policy established in Section 1086.1 of this
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19 title, the Oklahoma Water Resources Board is hereby authorized,
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20 empowered and directed:
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21 1. To prepare a comprehensive state water plan and decennial
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22 updates thereof for submission to the Legislature and, in connection
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23 therewith, to conduct surveys and cooperate with other state and
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24 federal agencies. Such comprehensive state water plan and the parts
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1 and portions thereof shall be submitted in final and completed form
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2 not later than September 1, 1975, and, in addition to the foregoing
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3 requirements, shall include a definition of "excess and surplus
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4 water of this state" and a recommended procedure for determining
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5 "excess and surplus water of this state," which definition and
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6 procedure are to be developed to insure that the area of origin will
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7 never be made water deficient. Subsequent updates to the Oklahoma
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8 Comprehensive Water Plan on and after November 1, 2025, shall
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9 account for and include updates from the regional water districts
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10 formed pursuant to the Oklahoma Regional Water District Act.
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11 The Water Resources Board shall permit representatives of the
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12 United States Army Corps of Engineers, the Bureau of Reclamation,
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13 the Soil Conservation Service and other appropriate federal
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14 agencies, as well as representatives of state agencies involved in
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15 tourism, parks, fish and wildlife, recreation, soil conservation,
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16 public health, agriculture, public utilities and industrial
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17 development to participate to the extent of their authority and
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18 capacity in the development of the comprehensive state water plan.
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19 The Water Resources Board shall prepare such plan and updates in
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20 printed form. Upon completion thereof, the plan shall be submitted
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21 to the Oklahoma Legislature not later than September 1, 1975. The
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22 Board is not authorized to implement the plan or any part or update
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23 thereof except by express authorization and consent of the
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24 Legislature. The first decennial update shall be prepared and
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1 submitted to the Legislature no later than September 1, 1995.
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2 Thereafter, updates shall be prepared and likewise submitted no
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3 later than September 1 of the fifth year following the taking of the
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4 Federal Decennial Census.
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5 Work on the first update shall begin with the passage and
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6 approval of this act. After completion of the first update, work on
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7 subsequent updates shall remain continuous and ongoing throughout
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8 the ten-year periods between submission of the updates.;
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9 2. To adopt such rules and regulations as may be necessary to
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10 effectuate the purposes of this act.;
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11 3. To make and enter into all contracts and agreements
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12 necessary or incidental to the performance of its duties and the
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13 execution of its powers under this act.;
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14 4. To receive and accept from the State of Oklahoma or the
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15 United States of America or any agency or instrumentality thereof
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16 grants of funds and to receive and accept aid or contributions from
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17 any source of either money, property, labor or other things of value
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18 to be held, used and applied only for the purposes for which such
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19 grants and contributions may be made.;
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20 5. To expend income and funds of the Board in the exercise of
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21 any or all of the powers granted to the Board under the provisions
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22 of this act.; and
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23 6. To cooperate with all state institutions, agencies,
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24 departments, boards and officers in all matters relating to its
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1 duties; and all state institutions, agencies, departments, boards
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2 and officers are hereby authorized and directed to cooperate with
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3 the Board.
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4 SECTION 5. AMENDATORY Section 1, Chapter 268, O.S.L.
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5 2023 (82 O.S. Supp. 2024, Section 1086.7), is amended to read as
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6 follows:
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7 Section 1086.7. A. The Oklahoma Flood and Drought Management
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8 Task Force is hereby established and shall be comprised of two
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9 groups, the management group and the advisory group.
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10 B. 1. The management group shall be comprised of designees
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11 from the following state agencies:
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12 a. the Oklahoma Water Resources Board, which shall serve
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13 as the lead agency,
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14 b. the Oklahoma Department of Emergency Management and
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15 Homeland Security,
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16 c. the Oklahoma Department of Agriculture, Food, and
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17 Forestry,
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18 d. the State Department of Health,
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19 e. the Department of Environmental Quality,
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20 f. the Oklahoma Conservation Commission,
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21 g. the Department of Wildlife Conservation,
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22 h. the Oklahoma Climatological Survey, and
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23 i. the Oklahoma Military Department.
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1 2. The advisory group shall be comprised of designees of the
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2 following state associations and entities:
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3 a. Association of County Commissioners of Oklahoma,
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4 b. Oklahoma Rural Water Association, and
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5 c. Oklahoma Municipal League.
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6 The advisory group shall also include the resources of all
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7 remaining state agencies and departments available to provide advice
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8 and assistance to the Oklahoma Flood and Drought Management Task
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9 Force, including the Oklahoma State Regents for Higher Education.
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10 C. The Oklahoma Water Resources Board shall formally coordinate
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11 with the following federal agencies:
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12 1. Federal Emergency Management Agency (FEMA);
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13 2. U.S. Army Corps of Engineers;
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14 3. U.S. Forest Service;
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15 4. The United States Geological Survey;
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16 5. Bureau of Reclamation;
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17 6. Farm Service Agency;
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18 7. National Weather Service;
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19 8. U.S. Fish and Wildlife Service;
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20 9. U.S. Small Business Administration;
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21 10. Bureau of Indian Affairs;
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22 11. U.S. Department of Housing and Urban Development;
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23 12. United States Environmental Protection Agency; and
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1 13. Any other federal agency available to provide advice and
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2 assistance.
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3 D. The Oklahoma Flood and Drought Management Task Force shall
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4 have the following duties:
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5 1. Developing and recommending state drought and flood
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6 response, recovery, and mitigation initiatives for conditions
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7 determined to be detrimental to the state economy and public health;
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8 2. Identifying drought and flood management areas in the state;
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9 3. Providing coordination and communication among federal,
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10 state, and local entities, including regional water districts, as
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11 deemed appropriate for drought and flood assistance programs,
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12 education, and information; and
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13 4. Performing such other drought- and flood-related assessments
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14 and response functions as deemed necessary.
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15 E. Beginning in 2025, and every ten (10) years thereafter, in
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16 conjunction with the update of the Oklahoma Comprehensive Water Plan
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17 and State Flood Plan, the Oklahoma Water Resources Board shall
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18 coordinate with the Oklahoma Flood and Drought Management Task Force
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19 to update the Oklahoma Drought Management Plan.
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20 F. The Oklahoma Water Resources Board shall prepare an annual
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21 update of drought and flood conditions within the state and planning
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22 and mitigation activities being conducted by the Task Force and
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23 shall submit such report to the Speaker of the Oklahoma House of
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1 Representatives and President Pro Tempore of the Oklahoma State
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2 Senate.
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3 SECTION 6. AMENDATORY 82 O.S. 2021, Section 1623, is
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4 amended to read as follows:
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5 Section 1623. A. Contingent on available funding, the Oklahoma
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6 Water Resources Board shall prepare and adopt a comprehensive state
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7 flood plan. The plan shall:
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8 1. Provide for orderly preparation for and response to flood
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9 conditions to protect against the loss of life and property;
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10 2. Be a guide to state and local flood control policy; and
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11 3. Include contributions from and account for development of
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12 regional water districts; and
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13 4. Contribute to water development when possible.
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14 B. The state flood plan shall include:
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15 1. An evaluation of the condition and adequacy of flood control
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16 infrastructure on a watershed basis;
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17 2. A statewide list of ongoing and proposed flood control and
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18 mitigation projects and strategies necessary to protect against the
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19 loss of life and property from flooding and a discussion of how
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20 those projects and strategies might further water development where
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21 applicable;
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22 3. An analysis of completed, ongoing and proposed flood control
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23 projects included in previous state flood plans including which
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24 projects received funding;
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1 4. An analysis of development in special flood hazard areas, as
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2 defined by the Federal Emergency Management Agency; and
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3 5. Legislative recommendations the Board considers necessary to
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4 facilitate flood control planning and project construction.
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5 C. On adoption of a state flood plan, the Oklahoma Water
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6 Resources Board shall deliver the plan to the Governor, President
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7 Pro Tempore of the Senate and Speaker of the House of
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8 Representatives.
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9 SECTION 7. This act shall become effective November 1, 2025.
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Req. No. 604 Page 15Every fact on this page links to its source, starting with the official bill record.