Title 82, Title 82 — Waters and Water Rights

In addition to the financial assistance programs established under Sections 1085.31 through 1085.49, 1085.51 through 1085.65, and 1085.71 through 1085.84A of this title pursuant to Section 39 of Article X of the Oklahoma Constitution, it is the intention of the Legislature to est…

As used in the Hazard Mitigation Financial Assistance Program: 1. "Hazard mitigation projects" means those projects designed to correct, alleviate or eliminate a condition or situation which poses a repetitive threat to life, property, or public safety from the effects of a disas…

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the "Hazard Mitigation Financial Assistance Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monie…

A. In addition to other powers and duties provided by law, the Oklahoma Water Resources Board shall have the power and duty to: 1. After receipt from the Oklahoma Department of Emergency Management and Homeland Security, process applications for grant funds or loans from the Haza…

financial assistance – Subagreements with owners of private property. A. Loans and grants under the Hazard Mitigation Financial Assistance Program may be used in conjunction with other financial assistance available from the Oklahoma Water Resources Board. B. If a hazard mitigati…

investment certificates. Monies appropriated to the Statewide Water Development Revolving Fund for the purpose of flood hazard mitigation, in addition to such purpose, may be used by the Oklahoma Water Resources Board for security and collateral for investment certificates issued…

State water plan. A. All of the people have a primary interest in the orderly and coordinated control, protection, management, conservation, development and utilization of the water resources of the state. The people residing within areas where waters originate benefit from the o…

For the purpose of effectuating the provisions of this act and the policy established in Section 1086.1 of this title, the Oklahoma Water Resources Board is hereby authorized, empowered and directed: 1. To prepare a comprehensive state water plan and decennial updates thereof for…

prohibited. A. It shall be unlawful for any member, officer or employee of the Water Resources Board to transact with the Board, either directly or indirectly, any business for profit of such member, officer or employee; and any person, firm or corporation knowingly participating…

All meetings of the Water Resources Board shall be open public meetings and all records shall be public records, except when considering personnel. Added by Laws 1974, c. 25, § 4, emerg. eff. April 10, 1974.

Sections 1086.1 through 1086.6 of this title shall not be construed or applied to deprive or impair the existing rights of citizens, municipalities or other water-user entities with respect to stream water appropriations now or hereafter granted by the Water Resources Board, or a…

The dams, water and land under the jurisdiction and ownership of the Grand River Dam Authority are hereby specifically exempt from the provision of this act. Added by Laws 1974, c. 25, § 6, emerg. eff. April 10, 1974.

A. The Oklahoma Flood and Drought Management Task Force is hereby established and shall be comprised of two groups, the management group and the advisory group. B. 1. The management group shall be comprised of designees from the following state agencies: a. the Oklahoma Water Res…

This act may be cited as the "Oklahoma Weather Modification Act." Laws 1972, c. 228, § 1, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1401 by Laws 1982, c. 67, § 5.

The Board shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this act only: 1. If the applicant is licensed pursuant to this act; 2. If a sufficient notice of intention is publish…

A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the Board and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his activitie…

The notice of intention shall set forth at least all of the following: 1. The name and address of the licensee; 2. The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted; 3. The area in which and the approximate time d…

A. The applicant shall cause the notice of intention, or that portion thereof including the items specified in Section 12 of this act, to be published at least once a week for two (2) consecutive weeks in a newspaper having a general circulation and published within any county in…

Proof of financial responsibility shall be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modification and control activities in connec…

The fee to be paid by each applicant for a permit shall not exceed Twenty-five Dollars ($25.00). Laws 1972, c. 228, § 15, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1415 by Laws 1982, c. 67, § 5.

A. Each licensee shall keep and maintain a record of all operations conducted by him pursuant to his license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name …

When a permit is issued under the Oklahoma Weather Modification Act for weather modification research by the United States Government or its agent, any other operation for which a permit is issued and which is located in full or in part within the area of the permitted research o…

Modification of permits. A. Under the provisions of the Administrative Procedures Act, the Board may suspend, revoke or refuse to renew any license or permit issued by it if the applicant no longer qualifies for such license or permit under the provisions of this act or if the ap…

Nothing in this act shall be construed to impose or accept any liability or responsibility on the part of the state or any state officials or employees for any weather modification and control activities of any private person or group, or to affect in any way any contractual, tor…

As used in this act, unless the context requires otherwise: 1. "Board" means the Oklahoma Water Resources Board; 2. "Operation" means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempt…

Any person violating any of the provisions of this act or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation punishable as a separate offense for each day during which it occurs, and upon conviction shall be imprison…

In the performance of the functions authorized herein, the Board may, in addition to any other acts authorized by law: 1. Establish advisory committees to advise with and make recommendations to the Board concerning legislation, policies, administration, research and other matter…

activities. The Board shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretica…

In the case of hearings held pursuant to this act, the Board shall conduct such hearings in accordance with the provisions of the Administrative Procedures Act. Laws 1972, c. 228, § 5, emerg. eff. April 7, 1972. Renumbered from Title 2, § 1405 by Laws 1982, c. 67, § 5.

Weather Modification Revolving Fund. A. The Board may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations or be…

Except as provided in Section 8 of this Act, no person, corporation or institution shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the Board authorizing such activities. Laws 1972, c. 228, § 7, e…

The Board, to the extent it deems practical, shall provide by regulation for exempting from the license and permit requirements of this act: 1. Research and development and experiments by state and federal agencies and institutions of higher learning; 2. Laboratory research and e…

A. Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate, to the satisfaction of the Board, competence in the field of meteorology and financial responsibility reasonably n…

This act shall be known and may be cited as the "Water for 2060 Act". Added by Laws 2012, c. 274, § 1, eff. Nov. 1, 2012.

The Legislature hereby declares that, in order to protect Oklahoma citizens from increased water supply shortages and groundwater depletions by the year 2060 in most of the eighty-two watershed planning basins in the state as described in the 2012 Update of the Oklahoma Comprehen…

programs - Goals and objectives - Purpose - Awards. A. There is hereby created the "Oklahoma Water Conservation Grant Program". B. The Oklahoma Water Resources Board shall solicit proposals for and make grants for the establishment of pilot programs which will implement water con…

A. There is hereby created an advisory council to be known as the "Water for 2060 Advisory Council". B. The Advisory Council shall consist of fifteen (15) members as follows: 1. The Executive Director of the Oklahoma Water Resources Board; 2. Four members appointed by the Governo…

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.

- 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 …

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 Ti…

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. J…

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 con…

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-fe…

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 heig…

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 clas…

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.

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 ex…

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 m…

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…

As used in Sections 2 to 14, inclusive, of this act: (a) "Port authority" means a port authority created pursuant to authority of Section 2 of this act. (b) "Submerged lands" means the lands presently underlying the navigable streams of the State of Oklahoma and the lands underly…