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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1022 By: David of the Senate
and
Boles of the House
COMMITTEE SUBSTITUTE
An Act relating to waters and water rights; amending
82 O.S. 2011, Section 1085.12, which relates to the
powers and duties of the Executive Director of the
Oklahoma Water Resources Board; providing gender -
neutral language; modifying reference to Board;
authorizing Executive Director to issue certain
permits; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2011, Section 1085.12, is
amended to read as follows:
Section 1085.12 A. The Oklahoma Water Resources Boa rd shall
appoint an Executive Director, who shall have had at least six (6)
years practical and administrative experience in water resource
management, and fix his or her duties and compensation. The
Oklahoma Water Resources Board is specifically authoriz ed to
delegate to such Executive Director such of its powers and duties as
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it may deem proper, including powers and duties involving the
exercise of official discretion. The authority hereby granted to
the Oklahoma Water Resources Board to delegate powers and duties to
the Executive Director shall extend to any powers and duties given
or transferred to the Oklahoma Water Resources Board under this act
title, or under any other law conferring powers or imposing duties
upon the Oklahoma Water Resources Board, and shall also extend to
any powers conferred or duties imposed upon the Oklahoma Water
Resources Board by any future law, unless such future laws shall any
law expressly negate negates the authority to make such delegation.
Any other part of this act title, or any other law granting
authority to the Oklahoma Water Resources Board to delegate any
powers or duties, shall not be deemed to be a limitation upon the
authority conferred by this section. The Executive Director shall
exercise any such delegated powers and perform such delegated
duties, in accordance with any rules, regulations or orders made by
the Oklahoma Water Resources Board which are applicable thereto.
Provided, however, the Oklahoma Water Resources Board shall not
delegate to such direct or any power of determining policy, the
execution of any contract or the final adjudication of any claims,
applications or controversies, all of which powers and duties shall
be exercised solely by the Oklahoma Water Resources Board.
B. In addition to the powers and duties specified in subsection
A of this section, the Executive Director shall have the power and
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duty to issue temporary permits and regular permits excluding all
permits from sensitive sole source aquifers that meet all the
requirements of Titles 27A and 82 of the Oklahoma Statutes and other
considerations required by law and that have not been the subject of
a protest from an interested party.
SECTION 2. This act shall become effective November 1, 2021.
58-1-8034 JBH 03/31/21