An Act
ENROLLED SENATE
BILL NO. 1006 By: David of the Senate
and
Sims of the House
An Act relating to waters and water rights; amending
Section 1, Chapter 366, O.S.L. 2019 (82 O.S. Supp.
2020, Section 1142), which relates to the McClellan -
Kerr Arkansas River Navigation Syste m; adding duty to
the Tri-State Commission on the McClellan -Kerr
Arkansas River Navigation System ; and providing an
effective date.
SUBJECT: Water rights
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 366, O.S.L.
2019 (82 O.S. Supp. 2020, Section 1142), is amended to read as
follows:
Section 1142. 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 the
formation of the Commission.
B. The Oklahoma membership of the Tri -State Commission shall be
as follows:
1. One member appointed by the Governor who shall be a member
of the Water Advisory Board of the Department of Transportation;
ENR. S. B. NO. 1006 Page 2
2. Three members of the House of Representatives whose
legislative districts encompass some part of the territory in which
the MKARNS is located to be formally selected by the Speaker of the
House of Representatives; provided, whenever possible, no more than
two members shall be appointed from the same political party;
3. Three members of the Senate whose legislative districts
encompass some part of the territory in which the MKARNS is located
to be formally selected by the President Pro Tempore of the Senate;
provided, whenever possible, no more than two members shall be
appointed from the same political party;
4. One member from ea ch of the three Native American tribes
that has ownership interest in the Arkansas riverbed;
5. One member appointed by the Speaker of the House of
Representatives who shall represent a statewide business
organization;
6. One member appointed by the Pres ident Pro Tempore of the
Senate who shall represent a statewide agricultural organization;
and
7. One member appointed by the Governor who shall represent a
public port along the MKARNS.
C. The Tri-State Commission shall have the following duties:
1. To identify the resources available at the federal and state
levels for the proper maintenance of the physical assets which allow
the MKARNS to fulfill its duties and responsibilities;
2. To identify methods for the repair, replacement or
maintenance of the infrastructure assets which are essential to the
operation of the MKARNS;
3. To prioritize the funding, whether from the federal
government, state government, tribal governments, private resources
or other financial resources, in order to adequately main tain the
MKARNS;
ENR. S. B. NO. 1006 Page 3
4. To take such actions as may be necessary to promote the
MKARNS and its continued role in the economies of the states of
Oklahoma, Arkansas and Kansas;
5. To take such actions as are conducive to the continued use
and enhanced use of t he MKARNS by for-profit business enterprises in
order to reduce transportation costs, improve profit margins,
increase efficiency and related economic benefits;
6. To take such actions as are conducive to the continued vital
role of the MKARNS with respec t to flood control in th e three
affected states;
7. To take such actions as are conducive to the promotion of
the MKARNS for purposes of tourism and cultural preservation; and
8. To take such other actions as may be necessary which in the
judgment of the Tri-State Commission would be beneficial for the
three affected states and for the MKARNS ; and
9. To coordinate with any relevant federal or state agency or
any other entity to identify ways to improve the navigability of the
MKARNS.
SECTION 2. This act shall become effective November 1, 2021.
ENR. S. B. NO. 1006 Page 4
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2021.
Presiding Officer of the House
of Representatives
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 Oklahom a 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: _______________________________ __