Oklahoma Code § 82-1085.2

Title 82. Waters And Water Rights: Authority of Oklahoma Water Resources Board
Open in Lexace · Ask the AI about this section
In addition to any and all other authority conferred upon it by
law, the Oklahoma Water Resources Board shall also have authority:
1.  Generally to do all such things as in its judgment may be
necessary, proper or expedient in the accomplishment of its duties;
2.  To make such contracts and execute such instruments as in
the judgment of the Board are necessary or convenient to the
exercise of any of the powers conferred upon it by law.  Provided,
however, no contract shall be made conveying the title or use of any
waters of the State of Oklahoma to any person, firm, corporation or
other state or subdivision of government, for sale or use in any
other state, unless such contract be specifically authorized by an
act of the Oklahoma Legislature and thereafter as approved by it;
3.  To negotiate contracts and other agreements with the federal
government to arrange for the development of water resources and for
the storage and distribution of water for beneficial purposes;
provided, however, that the Board shall act in such capacity only as
an intermediary in assisting others, and under no circumstances
shall the Board have any power or authority to build, construct or
finance any waterways, dams or other such projects for itself,
except as may be otherwise specifically provided by the laws of this
state;
4.  To develop statewide and local plans to assure the best and
most effective use and control of water to meet both the current and
long-range needs of the people of Oklahoma; to cooperate in such
planning with any public or private agency, entity or person
interested in water, and is directed to prepare such plans for
consideration and approval by the Legislature; and to aid, at all
times, counties, incorporated cities and towns and special purpose
districts in the state in promoting and developing flood control and
water conservation in the state;
5.  To employ and fix the compensation of such officers, agents,
attorneys, technical personnel and employees of the Board as it
shall deem necessary to the proper performance of its duties;
6.  To adopt and use an official seal;
7.  To promulgate such rules and make orders as it may deem
necessary or convenient to the exercise of any of the powers or the
performance of any of the duties conferred or imposed upon it by
this or any other law;
8.  To institute and maintain, or to intervene in, any actions
or proceedings in or before any court, board, commission or officer
of this or any other state or of the United States to stop or
prevent any use, misuse, appropriation or taking of any of the
waters of this state which is in whole or in part in violation of

any law, or of any rules, orders, judgments or decrees of any court,
board, commission or officer of this or any state or of the United
States; and to institute and maintain or intervene in any other
action or proceeding where the Board deems it necessary to the
proper execution and discharge of any of the powers or duties
conferred or imposed upon it by law;
9.  To determine, charge and receive fees to be collected in
advance for the filing and examination of applications for permits
to:
a. construct water use works,
b. appropriate groundwater,
c. appropriate stream water,
d. establish vested rights,
e. inspect water use works,
f. file other papers,
g. make copies of documents,
h. make prints of maps and drawings,
i. certify copies of documents, maps and drawings,
j. file transfers of water rights,
k. gauge wells and ditches, changes in point of diversion
and changes in place of use of water,
l. test wells, and
m. hold hearings, make records and provide transcripts of
hearings.
Such fees shall not be collected from any state agency or state
institution;
10.  To negotiate contracts or water compacts with the federal
government or any department or bureau thereof, or with any other
state for the purpose of obtaining assistance and cooperation in the
accomplishment of the purpose of flood control and water
conservation and use in the state.  To that end, the Board may match
funds with the federal government and with other states upon such
terms as shall be agreed upon and approved by the Governor of the
state, with the limitation that contracts or water compacts with
other states for the division and apportionment of the cost and use
of the water controlled by interstate projects shall be submitted to
and approved by the Legislature of the state and the Governor of the
state, and Congress and the President of the United States
conformable to the State and Federal Constitutions;
11.  To accept gifts and grants of money and property or any
interest therein;
12.  To provide funding from federal and state monies for water
and wastewater project purposes to eligible entities for preliminary
engineering reports and planning and feasibility studies;
13.  To sell or dispose of real or personal property held by the
Board when no longer needed in such manner as provided by law;

14.  To make appropriations of water to all special purpose
districts;
15.  To execute and deliver, without actual consideration
therefor, a written release of any easement or easement deed
heretofore given to the Conservation Commission of the State of
Oklahoma, the Planning and Resources Board or the Oklahoma Water
Resources Board on lands situated in this state, whenever it shall
appear to said Oklahoma Water Resources Board that the need for such
easement or easement deed no longer exists; provided, the owner of
the lands affected shall file a written application for such release
with the Oklahoma Water Resources Board;
16.  To review disputes involving service areas or territories,
rates for raw or treated water, and abrogation clauses in contracts
among municipalities and rural water districts or not-for-profit
rural water corporations; to recommend mediation and refer parties
in appropriate disputes to mediators and provide technical
information to such mediators; and to recommend other means of
resolving disputes; provided, that no party to such dispute may
initiate action in any district court regarding the dispute until
written notice of the dispute has been filed with the Board;
provided further that the provisions of this paragraph shall not be
construed to diminish any right of access to the court granted to a
party by law;
17.  To provide workshop training sessions for board members of
rural water districts and not-for-profit rural water corporations
throughout the year on a regional basis for the purpose of study and
instruction in the areas of financing, law and the ethics, duties
and responsibilities of such board members.  Such training shall be
provided by the Board in conjunction with the Oklahoma Rural Water
Association as required by law.  To the extent possible, the Board
shall attempt to schedule training workshops in three-hour segments
to be held in any public facility at a time convenient to the
attendees;
18.  To establish an agency special account through the Office
of Management and Enterprise Services and the State Treasurer's
Office as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees related to
conferences, meetings and training sessions; and
19.  To accredit persons having requisite knowledge in
floodplain management and in minimization and prevention of flood
hazards and losses.
Added by Laws 1972, c. 253, § 2.  Amended by Laws 1980, c. 159, §
39, emerg. eff. April 2, 1980; Laws 1982, c. 306, § 2, emerg. eff.
May 28, 1982; Laws 1993, c. 145, § 319, eff. July 1, 1993; Laws
1994, c. 162, § 1; Laws 1996, c. 329, § 5, emerg. eff. June 12,
1996; Laws 2001, c. 160, § 1, emerg. eff. May 1, 2001; Laws 2004, c.
95, § 1, eff. Jan. 1, 2005; Laws 2012, c. 304, § 1064; Laws 2022, c.

113, § 3, eff. Nov. 1, 2022; Laws 2023, c. 164, § 3, eff. Nov. 1,
2023.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.