Title 82 — Title 82 — Waters and Water Rights

Any trustee, as provided herein, first shall take the oath of office required of an elected public officer and shall be under a good and sufficient fidelity bond, to be approved by the Attorney General, in a surety company authorized to transact surety business in the State of Ok…

After the effective date of this act, meetings of an organized port authority shall be open to the public to the same extent as is required by law of other public boards and commissions. All records of said authority shall be public records and shall be kept in a place, the locat…

No trustee or beneficiary shall be charged with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property, except for willful or grossly negligent breach of trust; provided, however, …

A. There is hereby created in the State Treasury a revolving fund for the Department of Transportation to be designated the “Oklahoma Ports Infrastructure Revolving Fund (OPIRF)”. The fund shall be a continuing fund, not subject to fiscal year limitations, for the purpose of pool…

Navigation System (MKARNS) – Creation - Duties. A. There is hereby created the Tri-State Commission on the McClellan-Kerr Arkansas River Navigation System (MKARNS). It is anticipated that the State of Arkansas and the State of Kansas will enact legislation in order to complete th…

In this act unless the context otherwise requires: 1. "District" means a regional water district organized pursuant to the provisions of this act. A district is a body corporate and an instrumentality of each of the public agencies which establish it by interlocal agreement; 2. "…

Public regional water districts may be organized under this act for the purpose of engaging in the following activities: 1. Acquiring water rights or acquiring and developing water facilities or any interest therein, from any and all available sources, and storing water in reserv…

A. Two or more counties, by interlocal agreement made pursuant to the provisions of the Interlocal Cooperation Act and in accordance with the provisions of Sections 1266 through 1288 of this title, may establish a regional water district to carry out activities and projects autho…

Each district shall have power to: 1. Sue and be sued, complain and defend, in its corporate name; 2. Adopt a seal which may be altered at pleasure, and to use it, or a facsimile thereof, as required by law; 3. Acquire water rights, construct, erect, purchase, lease as lessee and…

Any person aggrieved by the service furnished or rates charged by said water district shall have the right to petition said grievance from the decision or action of said water district, to the district court wherein said water district was formed, and upon said petition being fil…

Districts formed hereunder shall be exempt from all excise taxes of whatsoever kind or nature, and further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the district, whether real, personal or mixed. Any and all…

A. Districts formed pursuant to this act shall be operated without profit, but the rates, revenues, fees, rents or other charges for water or sewage services or facilities, supplies, equipment or other services furnished by the water district shall be sufficient at all times: 1. …

Additional territory may be annexed to and embraced by a district established and operating under this act by the addition of new public agencies as members of the interlocal agreement, and appropriate amendment and, without further review by any agency or office, filing as requi…

Within sixty (60) days after the close of each calendar year any water district organized and in operation under this act shall make a written report to the Oklahoma Water Resources Board at its office and shall include the following: 1. The total volume of water contracted for f…

A regional water district may be dissolved by the district court for the county in which fifty percent (50%) or more of the real property of the district is located upon application for that purpose filed by a majority of the members of the board of directors of such district. Th…

If a district is inactive, the judge of the district court for the county in which fifty percent (50%) or more of the real property of the district is located may designate a board of directors who shall act with the same authority in dissolving the district as if they had been a…

The district shall hold title to its property in its corporate name for the uses and purposes of the district. The formation of a district shall not transfer water rights to the district. Any district which contracts with the State of Oklahoma or the United States may convey dist…

Except for contracts of employment, directors and employees shall not have a financial interest, directly or indirectly, in any contract entered into by the district. Directors and employees shall not receive any bonus, gratuity or bribe. They shall not spend funds of the distric…

provide certain services - Purchase of certain facilities. A. Once a district has been organized under this act, any one or more public agencies not joining in the original organization agreement may subsequently join the district by becoming a signatory to the interlocal agreeme…

or products. A. In order to accomplish the purposes of this act, any public agency, subject to any applicable restrictions of Article X, Sections 17, 26 and 27 of the Constitution of the State of Oklahoma, may enter into and carry out contracts and agreements for the purchase fro…

A. The district may from time to time issue its obligations in such principal amounts as the district shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers and to pay for any costs or expenses of the district incident to and necess…

A. Any county of this state, the territorial limits of which are totally within the boundaries of a regional water district organized under the provisions of this act, and which is qualified to levy a county sales tax pursuant to the provisions of Sections 1370, 1371 and 1372 of …

A. The board shall cause to be prepared by an independent certified accountant an annual certified audit of the funds, assets, books and records of the district. The audit shall be completed and filed after the close of each fiscal year of the district. A copy of the audit shall …

A. The following statutory provisions shall be applicable to the operations and governance of a district organized under this act: 1. The Oklahoma Open Meeting Act; 2. Section 24 of Title 51 of the Oklahoma Statutes pertaining to public records; and 3. The Public Competitive Bidd…

A district organized under this act shall be exempt in any and all respects from the jurisdiction or control of the Oklahoma Corporation Commission. Added by Laws 1985, c. 353, § 15, emerg. eff. July 30, 1985.

This act may be cited as the "Rural Water, Sewer, Gas and Solid Waste Management Districts Act." Added by Laws 1972, c. 254, § 1. Amended by Laws 1975, c. 170, § 1, emerg. eff. May 21, 1975.

A. Every district incorporated hereunder shall have perpetual existence, subject to dissolution as provided by the Rural Water, Sewer, Gas and Solid Waste Management Districts Act, and shall have power to: 1. Sue and be sued, complain and defend, in its corporate name; 2. Adopt a…

A. Rural water, sewer, gas and solid waste management districts formed pursuant to this act shall be operated without profit, but the rates, fees, rents or other charges for water, gas and other facilities, supplies, equipment or services furnished by the district shall be suffic…

Plans, specifications, proposed operating budget, schedules of unit fees and benefit units, rules and regulations, estimates of cost for any proposed improvement authorized by this act shall be filed with the secretary of the district. The total benefits of any such improvement s…

Lands outside the boundaries of any district which can economically be served by the facilities of the district may be annexed to such district. Any two or more owners of such lands shall file a petition for annexation with the county clerk addressed to the board of county commis…

Notice shall be given, as provided in Section 5, of the filing of a petition for annexation fixing the time and place of hearing. Added by Laws 1972, c. 254, § 14.

At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain whether proper notice has been given and whether the statements contained in the petition are true. If true, and if a majority of the members of the Boar…

workshops - Nepotism. A. Except as otherwise provided by law: 1. The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorpor…

The board of directors shall annually elect a chairman, vice- chairman, secretary and treasurer for a term of one (1) year and until a successor is elected and has qualified. Added by Laws 1972, c. 254, § 17.

District audits, reviews or compilations. A. It shall be the duty of the chairman of the board of directors to keep in repair such works as are constructed by the district and to operate such works, all as directed by said board. The chairman and all persons who may perform any s…

assets. A. The provisions of this section shall apply to dissolution of districts prior to acquisition of assets. B. Whenever a petition signed by three-fourths (3/4) of the landowners in any district organized under provisions of this act or a petition signed by all of the direc…

As used in this act unless the context clearly requires otherwise: 1. "District" means a public nonprofit water district, a nonprofit sewer district, a public nonprofit natural gas distribution district or a nonprofit solid waste management district or a district for the operatio…

and property. Whenever a district owning facilities and property desires to dispose of such facilities and property and become dissolved, the board of directors may adopt a resolution setting forth the proposed plan and, upon such plan being approved by three-fourths (3/4) of the…

In the event that landowners within a district desire to withdraw from such district, fifty-one percent (51%) of the affected landowners or the board of directors by resolution may petition the county commissioners to release those lands from the district. The petition shall desc…

Districts formed hereunder shall be exempt from all excise taxes of whatsoever kind or nature, and further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of said district, whether real, personal or mixed; such exemp…

Commission. Rural water, sewer, gas and solid waste management districts, and corporations shall be exempt in any and all respects from the jurisdiction and control of the Corporation Commission of this state; provided, however, rural gas distribution systems shall be subject to …

The creation of all districts and all acts and proceedings taken in the creation thereof and all acts and things done by said districts, pursuant to the provisions of this act are hereby validated; and from and after the effective date of this act all such previously created dist…

Two or more districts organized under this act may be consolidated into a single district by complying with the procedures prescribed in this section. The proposal for consolidation shall be prepared in written form and shall set forth in detail the reasons for consolidation and …

Any district created for one of the authorized purposes of this act may enlarge its purposes and powers by following the procedure set forth herein: The board of directors of the district shall adopt a resolution to enlarge the purposes and powers of the district and the resoluti…

Public nonprofit rural water districts, public nonprofit rural sewer districts, public nonprofit natural gas distribution districts and public nonprofit rural solid waste management districts may be organized under this act for the purpose of developing and providing an adequate …

As used in Sections 1 through 6 of this act: 1. "Corporation" means a not-for-profit corporation organized: a. pursuant to the provisons of the Oklahoma General Corporation Act for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other…

Pursuant to the provisions of this act, any corporation which was formed prior to December 1, 1988, may organize and constitute a district subject to the provisions of the Rural Water, Sewer, Gas and Solid Waste Management Districts Act. Added by Laws 1989, c. 103, § 2, emerg. ef…

for establishment of district - Hearing - Orders. A. Prior to the organization of a district, the corporation shall have prepared a proposal in written form. The proposal shall include but not be limited to: 1. the reasons for organizing and constituting a district; 2. the advant…

property, obligations and benefits. A. Upon the affirmative order of the board of county commissioners to organize the district, the corporation shall be deemed dissolved. The board of directors of the corporation shall file notice of such dissolution with the Secretary of State.…

Upon the affirmative order of the board of county commissioners to organize a district, the district shall be deemed to constitute a rural water district and shall comply with the provisions of the Rural Water, Sewer, Gas and Solid Waste Management Districts Act. Added by Laws 19…