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ENGROSSED SENATE
BILL NO. 1022 By: David of the Senate
and
Boles of the House
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 Re sources Board 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 Resou rces Board is specifically authorized to
delegate to such Executive Director such of its powers and duties as
it may deem proper, i ncluding powers and duties involving the
exercise of official d iscretion. 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
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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 t o
any powers conferred or dut ies 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 delega tion.
Any other part of this act title, or any other law gr anting
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 th is section. The Executive Directo r shall
exercise any such delegated powers and perform such delegated
duties, in accordance with any rules, regulations or orders m ade by
the Oklahoma Water Resources Board which are applicable thereto.
Provided, however, the Oklahoma Water Resources Board shall not
delegate to such director any power of determini ng policy, the
execution of any contract or the final adjudication of a ny claims,
applications or controversies, all of which powers and duties shall
be exercised solely by the Oklahoma Water Resou rces Board.
B. In addition to the powers and duties specified in subsection
A of this section, the Executive Director shall have the power and
duty to issue temporary permits and regular permits excluding all
permits from sensitive sole source aquifers meeting the requirement
of Sections 105.12 and 1020.9 of this title and that have not been
the subject of a protest from an interested party.
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SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 8th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives