An Act
ENROLLED HOUSE
BILL NO. 1093 By: Kerbs of the House
and
Murdock of the Senate
An Act relating to waters and water rights; amending
82 O.S. 2011, Section 1085.30, as amended by Section
2, Chapter 137, O.S.L. 2018 (82 O.S. Supp. 2020,
Section 1085.30), which relates to classification of
water uses; requiring the Oklahoma Water Resources
Board to propose certain rules; and providing an
effective date.
SUBJECT: Waters and water rights
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2011, Section 1085.30, as
amended by Section 2, Chapter 137, O.S.L. 2018 (82 O.S. Supp. 2020,
Section 1085.30), is amended to read as follows:
Section 1085.30 A. 1. In order to effectuate a comprehensive
program to assist in the prevention, control and abatement of
pollution of the waters of this state, and in order to establish
state standards which comply with the Federal Water Pollution
Control Act as amended, the Oklahoma Water Resources Board is
authorized to promulgate rules to be known as "Oklahoma Water
Quality Standards" which establish classifications of uses of waters
of the state, criteria to maintain and protect such classifications,
and other standards or policies pertaining to the quality of such
waters.
2. The Oklahoma Water Quality Standards shall, at a minimum, be
designed to maintain and protect the quality of the waters of the
state.
ENR. H. B. NO. 1093 Page 2
3. Wherever the Board finds it is practical and in the public
interest to do so, the rules may be ame nded to upgrade and improve
progressively the quality of waters of the state.
4. a. The Board may also amend Oklahoma Water Quality
Standards to downgrade a designated use of any waters
of this state which is not an existing use, may
establish subcategori es of a use or may provide for
less stringent criteria or other provisions thereof
only in those limited circumstances permissible under
the Federal Water Pollution Control Act as amended or
federal rules which implement the act.
b. The Board may amend th e Oklahoma Water Quality
Standards to downgrade a designated use, establish
subcategories of a use or may provide for less
stringent criteria or other provisions thereof only to
the extent as will maintain or improve the existing
uses and the water quality of the water affected;
provided, however, the Board shall not modify the
Oklahoma Water Quality Standards applicable to scenic
river areas as such areas are described by Section
1452 896.5 of this title, to downgrade a designated
use, establish a subcateg ory of a use or provide for
less stringent criteria or other provisions thereof.
5. The Board shall propose any necessary rules to allow for the
development of nutrient trading programs by state environmental
agencies no later than November 1, 2026.
B. 1. Prior to adopting such standards or any amendment
thereof, the Board shall conduct public hearings thereon. Notice of
such hearing shall be published in accordance with the
Administrative Procedures Act and shall be mailed at least twenty
(20) days before such public hearing to the chief executive of each
municipality and county in the area affected and shall be mailed to
all affected holders of permits obtained pursuant to the Oklahoma
Environmental Code, and such other persons that have requested
notice of hearings on such standard modifications.
2. If adoption or amendment of a classification to a lower or
downgraded classification is proposed because treatment controls
required of the current or a higher or upgraded classification would
result in substantial and widespread social and economic impact, the
Board shall, in addition to any hearing required by subsection B of
ENR. H. B. NO. 1093 Page 3
this section, conduct a public meeting within a central location
within the area to be affected. The Board shall cause notice o f
such additional public meeting to be published for at least two (2)
consecutive weeks in a newspaper of general circulation published in
the county or counties in the area affected.
C. 1. The Oklahoma Water Quality Standards, their accompanying
use support assessment protocols, anti -degradation policy and
implementation, and policies generally affecting Oklahoma Water
Quality Standards application and implementation including , but not
limited to, mixing zones, low flows and variances or any
modification or change thereof shall be promulgated by the Board in
compliance with the Administrative Procedures Act and shall be
enforced by all state agencies within the scope of their
jurisdiction. All use support assessment protocols promulgated by
the Board shall be consistent with state and federal law and
guidance specifically related to beneficial use support
determinations as set forth in Section 305(b) of the Federal Water
Pollution Control Act, where applicable.
2. In promulgating Oklahoma Water Quality Standards or making
any modification or change thereof, the Board shall announce a
reasonable time for persons discharging waste into the waters of the
state to comply with such new or modified standards unless such
discharges create an actual or potentia l hazard to public health.
3. Any discharge in accord with such standards of the Board and
in compliance with rules, requirements and wasteload allocations
established by the Department of Environmental Quality and with
rules promulgated by other state e nvironmental agencies shall not be
deemed to be pollution.
4. Notwithstanding the implementation jurisdiction provided to
the Board in paragraph 1 of subsection C of this section, the
Department of Environmental Quality shall have jurisdiction to
develop and utilize policies and requirements, as provided in
paragraph 22 of subsection B of Section 1 -3-101 of Title 27A of the
Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2021.
ENR. H. B. NO. 1093 Page 4
Passed the House of Representatives the 28th day of April, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 13th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ___________ _________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________ ________________