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3 | + | ENGR. H. A. to ENGR. S. B. NO. 1022 Page 1 1 | |
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5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 1022 By: David of the Senate | |
28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 1022 By: David of the Senate | |
8 | 31 | ||
9 | 32 | and | |
10 | 33 | ||
11 | 34 | Boles of the House | |
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17 | 40 | An Act relating to waters and water rights; amending | |
18 | 41 | 82 O.S. 2011, Section 1085.12, which relates to the | |
19 | 42 | powers and duties of the Execu tive Director of the | |
20 | 43 | Oklahoma Water Resources Board; providing gender - | |
21 | 44 | neutral language; modifying reference to Board; | |
22 | 45 | authorizing Executive Director to issue certain | |
23 | 46 | permits; and providing an effective date. | |
24 | 47 | ||
25 | 48 | ||
26 | 49 | ||
50 | + | AMENDMENT NO. 1. Delete the title, enacting clause and entire bill | |
51 | + | and replace with: | |
27 | 52 | ||
28 | 53 | ||
29 | - | SUBJECT: Oklahoma Water Resources Board | |
54 | + | "An Act relating to waters and water rights; amending | |
55 | + | 82 O.S. 2011, Section 1085.12, which relates to the | |
56 | + | powers and duties of the Executive Director of the | |
57 | + | Oklahoma Water Resources Board; providing gender - | |
58 | + | neutral language; modifying reference to Board; | |
59 | + | authorizing Executive Director to issue certain | |
60 | + | permits; and providing an effective date. | |
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31 | 66 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
32 | - | ||
33 | 67 | SECTION 1. AMENDATORY 82 O.S. 2011, Sect ion 1085.12, is | |
34 | 68 | amended to read as follows: | |
69 | + | Section 1085.12 A. The Oklahoma Water Resources Board shall | |
70 | + | appoint an Executive Director, who shall have had at least six (6) | |
35 | 71 | ||
72 | + | ENGR. H. A. to ENGR. S. B. NO. 1022 Page 2 1 | |
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97 | + | years practical and administrative experience in water resource | |
98 | + | management, and fix his or her duties and compensation. The | |
99 | + | Oklahoma Water Resources Board is specifically authorized to | |
100 | + | delegate to such Executive Director such of its powers and duties as | |
101 | + | it may deem proper, including powers and duties involving the | |
102 | + | exercise of official d iscretion. The authority hereby granted to | |
103 | + | the Oklahoma Water Resources Board to delegate powers and duties to | |
104 | + | the Executive Director shall extend to any powers and duties given | |
105 | + | or transferred to the Oklahoma Water Resources Board under this act | |
106 | + | title, or under any other law conferring powers or imposing duties | |
107 | + | upon the Oklahoma Water Resources Board, and shall also extend to | |
108 | + | any powers conferred or duties imposed upon the Oklahoma Water | |
109 | + | Resources Board by any future law, unless such future laws shall any | |
110 | + | law expressly negate negates the authority to make such delegation. | |
111 | + | Any other part of this act title, or any other law granting | |
112 | + | authority to the Oklahoma Water Resources Board to delegate any | |
113 | + | powers or duties, shall not be deemed to be a limitation upon t he | |
114 | + | authority conferred by this section. The Executive Director shall | |
115 | + | exercise any such delegated powers and perform such delegated | |
116 | + | duties, in accordance with any rules, regulations or orders made by | |
117 | + | the Oklahoma Water Resources Board which are applicable thereto. | |
118 | + | Provided, however, the Oklahoma Water Resources Board shall not | |
119 | + | delegate to such director any power of determining policy, the | |
120 | + | execution of any contract or the final adjudication of any claims, | |
121 | + | ||
122 | + | ENGR. H. A. to ENGR. S. B. NO. 1022 Page 3 1 | |
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147 | + | applications or controversies, all of which powers a nd duties shall | |
148 | + | be exercised solely by the Oklahoma Water Resources Board. | |
149 | + | B. In addition to the powers and duties specified in subsection | |
150 | + | A of this section, the Executive Director shall have the power and | |
151 | + | duty to issue temporary permits and regular permi ts excluding all | |
152 | + | permits from sensitive sole source aquifers that meet all the | |
153 | + | requirements of Titles 27A and 82 of the Oklahoma Statutes and other | |
154 | + | considerations required by law and that have not been the subject of | |
155 | + | a protest from an interested party. | |
156 | + | SECTION 2. This act shall become effective November 1, 2021. " | |
157 | + | Passed the House of Representatives the 14th day of April, 2021. | |
158 | + | ||
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163 | + | Presiding Officer of the House of | |
164 | + | Representatives | |
165 | + | ||
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167 | + | Passed the Senate the ____ day of __________, 2021. | |
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173 | + | Presiding Officer of the Senate | |
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176 | + | ENGR. S. B. NO. 1022 Page 1 1 | |
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201 | + | ENGROSSED SENATE | |
202 | + | BILL NO. 1022 By: David of the Senate | |
203 | + | ||
204 | + | and | |
205 | + | ||
206 | + | Boles of the House | |
207 | + | ||
208 | + | ||
209 | + | ||
210 | + | ||
211 | + | An Act relating to waters and water rights; amending | |
212 | + | 82 O.S. 2011, Section 1085.12, which relates to the | |
213 | + | powers and duties of the E xecutive Director of the | |
214 | + | Oklahoma Water Resources Board; providing gender - | |
215 | + | neutral language; modifying reference to Board; | |
216 | + | authorizing Executive Director to issue certain | |
217 | + | permits; and providing an effective date. | |
218 | + | ||
219 | + | ||
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223 | + | BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: | |
224 | + | SECTION 3. AMENDATORY 82 O.S. 2011, Section 1085.12, is | |
225 | + | amended to read as follows: | |
36 | 226 | Section 1085.12. A. The Oklahoma Water Resources Board shall | |
37 | 227 | appoint an Executive Director, who shall have had at least six (6) | |
38 | 228 | years practical and administrative experience in water resource | |
39 | 229 | management, and fix his or her duties and compensation. The | |
40 | 230 | Oklahoma Water Resources Board is specifically authorized to | |
41 | 231 | delegate to such Executive Director such of its powers and duties as | |
42 | 232 | it may deem proper, including powers and duties involving the | |
43 | 233 | exercise of official discretion. The authority hereby granted to | |
44 | 234 | the Oklahoma Water Resources Board to delegate powers and duties to | |
45 | 235 | the Executive Director shall extend to any powers and duties g iven | |
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237 | + | ENGR. S. B. NO. 1022 Page 2 1 | |
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46 | 262 | or transferred to the Oklahoma Water Resources Board under this act | |
47 | 263 | title, or under any other law conferring powers or imposing duties | |
48 | - | ||
49 | - | ENR. S. B. NO. 1022 Page 2 | |
50 | 264 | upon the Oklahoma Water Resources Board, and shall also extend to | |
51 | 265 | any powers conferred or duties imposed upon the Oklahoma Water | |
52 | 266 | Resources Board by any future law, unless such future laws shall any | |
53 | 267 | law expressly negate negates the authority to make such delegation. | |
54 | 268 | Any other part of this act title, or any other law granting | |
55 | 269 | authority to the Oklahoma Water Resources Board to delegate any | |
56 | 270 | powers or duties, shall not be deemed to be a limitation upon the | |
57 | 271 | authority conferred by this section. The Executive Director shall | |
58 | 272 | exercise any such delegated powers and perform such delegated | |
59 | 273 | duties, in accordance with any rules, regu lations or orders made by | |
60 | 274 | the Oklahoma Water Resources Board which are applicable thereto. | |
61 | 275 | Provided, however, the Oklahoma Water Resources Board shall not | |
62 | 276 | delegate to such director any power of determining policy, the | |
63 | 277 | execution of any contract or the fina l adjudication of any claims, | |
64 | 278 | applications or controversies, all of which powers and duties shall | |
65 | 279 | be exercised solely by the Oklahoma Water Resources Board. | |
66 | - | ||
67 | 280 | B. In addition to the powers and duties specified in subsection | |
68 | 281 | A of this section, the Executive D irector shall have the power and | |
69 | 282 | duty to issue temporary permits and regular permits excluding all | |
70 | - | permits from sensitive sole source aquifers that meet all the | |
71 | - | requirements of Titles 27A and 82 of the Oklahoma Statutes and other | |
72 | - | considerations required by law and that have not been the subject of | |
73 | - | a protest from an interested party. | |
283 | + | permits from sensitive sole source aquifers meeting the requirement | |
284 | + | of Sections 105.12 and 1020.9 of this title and that have not been | |
285 | + | the subject of a prote st from an interested party. | |
74 | 286 | ||
75 | - | SECTION 2. This act shall become effective November 1, 2021. | |
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78 | - | ENR. S. B. NO. 1022 Page 3 | |
79 | - | Passed the Senate the 5th day of May, 2021. | |
312 | + | SECTION 4. This act shall become effective November 1, 2021. | |
313 | + | Passed the Senate the 8th day of March, 2021. | |
80 | 314 | ||
81 | 315 | ||
82 | 316 | ||
83 | 317 | Presiding Officer of the Senate | |
84 | 318 | ||
85 | 319 | ||
86 | - | Passed the House of Representatives the 14th day of April, 2021. | |
320 | + | Passed the House of Representatives the ____ day of __________, | |
321 | + | 2021. | |
87 | 322 | ||
88 | 323 | ||
89 | 324 | ||
90 | 325 | Presiding Officer of the House | |
91 | 326 | of Representatives | |
92 | 327 | ||
93 | - | OFFICE OF THE GOVERNOR | |
94 | - | Received by the Office of the Governor this _______ _____________ | |
95 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
96 | - | By: _______________________________ __ | |
97 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
98 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
99 | 328 | ||
100 | - | _________________________________ | |
101 | - | Governor of the State of Oklahoma | |
102 | - | ||
103 | - | ||
104 | - | OFFICE OF THE SECRETARY OF STATE | |
105 | - | Received by the Office of the Secretary of State this _______ ___ | |
106 | - | day of __________________, 20 _______, at _______ o 'clock _______ M. | |
107 | - | By: _______________________________ __ |