Title 82, Title 82 — Waters and Water Rights

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…

In the event a corporation provides service within the boundaries of an incorporated city or town on the date of organization as a rural water district, the district may continue to serve in that area as permitted by law. Added by Laws 1989, c. 103, § 6, emerg. eff. April 25, 198…

Any two or more owners of lands may file with the county clerk a petition addressed to the board of county commissioners praying for the incorporation of a district under the provisions of this act. The petition shall give a legal description of the lands owned by the petitioners…

As used in this act: 1. "Acquiring party" means a person and all affiliates thereof by whom or on whose behalf an acquisition of control referred to in Section 6 of this act is to be effected; 2. "Affiliate" means a person who directly, or indirectly through one or more intermedi…

merger if action leads to control of district unless approved by Board. No person shall make an offer for, or enter into any agreement to exchange, seek to acquire, or acquire, the assets of a district or corporation if, after the consummation of such action, such person would di…

- Type of acquiring party - Amendment of statement. A. The statement to be filed with the Oklahoma Water Resources Board as required by Section 6 of this act shall be made under oath or affirmation and shall contain the following information: 1. The name and address of each acqui…

disapproval - Public hearing. A. The Oklahoma Water Resources Board shall approve any acquisition of control referred to in Section 6 of this act unless, after a public hearing thereon, it finds that one or more of the following conditions will exist if such acquisition of contro…

Security. Notice, in a form to be specified by the Oklahoma Water Resources Board, of the public hearing to be held pursuant to Section 8 of this act shall be mailed, or shall be given in such other manner as may be determined by the Board, by the district or corporation to its c…

Approval procedures - Inapplicability of certain provisions. If the acquiring party is a domestic water public utility, and the district or corporation, control of which is sought to be acquired in a transaction described in Section 6 of this act which would require the filing of…

The courts of this state are hereby vested with jurisdiction over every person not resident, domiciled or authorized to do business in this state who files or is required to file a statement with the Oklahoma Water Resources Board as required by Section 6 of this act, and over al…

- Payment. The Oklahoma Water Resources Board shall have power to perform any and all acts, and to prescribe, issue, make, amend and rescind such orders and rules as it may find necessary or appropriate to carry out the provisions of this act. The expense of conducting an analysi…

Whenever it shall appear to the Oklahoma Water Resources Board, the Attorney General or a district or corporation which reasonably believes itself to be the object of an offer or attempt to obtain control as described in Section 6 of this act, that any person is engaged or about …

hearing - Notice of hearing. Whenever a petition as provided in the preceding section is filed with the county clerk, he shall thereupon give notice to the county commissioners of the filing and pendency of said petition, whereupon, if the petition proposes the creation of a wate…

A. Any person who willfully and knowingly does or causes to be done any act, matter or thing prohibited or declared to be unlawful by this act, or who willfully and knowingly omits or fails to do any act, matter or thing required by this act to be done, or willfully and knowingly…

Declaration of incorporation. At the time and place set for the hearing and consideration of the petition, it shall be the duty of the board of county commissioners to determine: 1. Whether proper notice of the hearing has been given as required by Section 1324.5 of this title; 2…

Immediately following the incorporation of the district by the board of county commissioners, there shall be a special meeting of the owners of land within any such district to select from their number a board of directors and to adopt bylaws for governing and administering the a…

When a water purchase contract has been executed, the board of directors shall either file a copy of the water purchase contract with the Oklahoma Water Resources Board or file an application for appropriation of water with the board. Added by Laws 1972, c. 254, § 8.

– Records – Power to charge water fee. A. The board shall be the governing body of the district and shall meet annually on a date prescribed by the bylaws and at such other times as may be determined by the board or upon call by the chair or any two members of the board. Vacancie…

The following Interstate Compact is hereby approved and ratified. ARKANSAS RIVER BASIN COMPACT KANSAS-OKLAHOMA, 1970 The State of Kansas and the State of Oklahoma, acting through their duly-authorized Compact representatives, Robert L. Smith and Warden L. Noe, for the State of Ka…

The following Interstate Compact is hereby approved and ratified subject to the conditions stated in Section 2 of this act. ARKANSAS RIVER BASIN COMPACT ARKANSAS-OKLAHOMA, 1970 The State of Arkansas and the State of Oklahoma, acting through their duly authorized Compact represent…

This ratification is subject to the State of Oklahoma and the State of Arkansas, acting through their duly authorized compact representatives, amending said "Arkansas River Basin Compact" in the particulars as set forth hereinafter, and further, the ratification of said amendment…

The following Interstate Compact is hereby approved and ratified. RED RIVER COMPACT ARKANSAS-LOUISIANA-OKLAHOMA-TEXAS, 1978 PREAMBLE The States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant to the acts of their respective Governors or Legislatures, or both, being moved by…

services - Expenses - Absence or vacancy in position of Executive Director. Pursuant to Article IX of the Red River Compact there shall be two Commissioners from Oklahoma to serve on the Red River Compact Commission. One Commissioner shall be the Executive Director of the Oklahom…

A. As used in this section and in Sections 1501-205.2 and 1501- 205.3 of this title: 1. "Geographic information" means any data or databases in which location or spatial distribution is an essential element including, but not limited to, land, air, water, and mineral resources, t…