Req. No. 124 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 109 By: Bullard
AS INTRODUCED
An Act relating to water and water rights ; defining
terms; specifying applicability o f act; requiring the
Oklahoma Water Resou rces Board to create committees
to conduct instream flow studies; establishing
membership of committees; requiring Board to
promulgate rules; authorizing committee to petition
Board to conduct instream flow study in certain
circumstances; requiring Board t o authorize study in
certain timeframe; specifying purpose of study;
establishing duties and responsibilities of
committee; requiring committee to submit result of
study to certain entities; prohibiting implementati on
of recommendations of committee until p assage of
concurrent resolution; requiring Board to promulgate
rules related to recommendations in certain
circumstance; requiring Board to promulgate
procedures to develo p instream flow program;
requiring Board to include instream flow in Oklahoma
Comprehensive Water Plan updates; requiring Board to
designate mechanisms for implementing instream flow
in certain areas; requiring Board to coordinate with
certain state entities; authorizing Board to make and
enter into certain contracts and agreements;
authorizing Board to receive and spend certain funds;
authorizing Board to contract with certain agencies
for certain purpose; construing provision; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
Req. No. 124 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.97 of Title 82, unless
there is created a duplication in numbering, reads as fo llows:
For the purposes of this act:
1. "Instream flow" means the water flows required to maintain
the functions and resilience of freshwa ter stream systems and the
needs of communities that depend on the healthy ecosys tems;
2. "Instream flow program " means an ongoing program in which a
treasured stream is monitored for compliance with instream flow
determinations and biological assessments are conducted to maintain
instream flows;
3. "Stakeholder" means any state or l ocal government entity,
tribal government, business entity, higher education institutio n,
any individual or entity with an existing water permit affected by
the instream flow study or any individual or entity who has
successfully petitioned the Oklahoma Wa ter Resources Board to become
a stakeholder pursuant to the process prescribed in this act;
4. "Stakeholder committee " means a body of stakeholders, as
designated by the Oklahoma Water Resources Board , tasked with
determining what metrics should be i ncluded and what goals should be
achieved by instream flows, reviewing data obtained from th e
instream flow program and suggesting impr ovements to the instream
flow determination methodology and the instream flow pr ogram for
each treasured stream in their area ; and
Req. No. 124 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. "Treasured stream" means a watercourse in a definite,
natural channel with defined beds and banks originating from a
definite source or sources of supply .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.98 of Title 82, unless
there is created a duplica tion in numbering, reads as follows:
A. The provisions of this act shall only apply to the following
basins and rivers, to the extent they are located east of Interstate
35:
1. The Blue River;
2. The Kiamichi Basin and River;
3. The Little River Basin;
4. The Mountain Fork Basin;
5. The Muddy Boggy Basin;
6. Spring Creek;
7. Snake Creek;
8. Pennington Creek; and
9. Any area designated as a scenic river pursuant to Sec tion
896.5 of Title 82 of the Oklah oma Statutes.
B. For the purpose of enabling the protection, conservation,
recreational use and economic development of water resources and to
protect the rights of the citizens of this state to use water for
riparian and domestic use as established in Sec tion 105.2 of Title
82 of the Oklahoma Statut es, the Oklahoma Water Resources Board
Req. No. 124 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall create standing, regional stakeholder committee s for the
purpose of conducting instream flow studies on the basins and river s
specified in subsection A of this section .
C. Each stakeholder committee shall be comprised of nine (9)
members including at least one member from each of the following :
a. the Department of Wildlife Conservation ,
b. the United States Geological Survey ,
c. the University of Oklahoma, Oklahoma St ate University,
or the University of Tulsa ,
d. the Grand River Dam Authority Sce nic Rivers
Operations,
e. a tribal nation located in th e relevant region, and
f. stakeholders, as defined in this act, from the
relevant region who have been selected by or
successfully petitioned the Board to become a membe r
of the committee.
The Board shall establish and promulgate rules for petitioning
to become a stakeholder member in a stakeholder committee , which
shall include but not be limited to an application process a nd an
appeals process.
D. 1. Once the Board has designated a stakeholder committee
and upon availability of funding , the committee is hereby empowered
to petition the Board to initiate an instream flow study on the
basin and/or river the commit tee represents. The Board shall
Req. No. 124 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
initiate a petitioned study wit hin two (2) years of receiving
funding.
2. The purpose of the study shall includ e identifying what
methodology and metrics are to be measured and which biolo gical
assessments are to be made during each instream flow study and
providing recommendations for the completion of in stream flow
determinations in the basin and/or river represented by the
committee, monitoring the progress of each instream flow program in
the represented basin and/or river and recommending changes to
instream flow determinations , as necessary.
E. Duties and responsibilities of a stakeholder committee shall
include:
1. Presenting an instream flow study work plan for approval to
the Board prior to the commencement of any study including the
methodology to be used and metrics to be me asured by the study;
2. Presenting annual updates to the Board on the status of any
instream flow study in the represented basin and/or river;
3. Analyzing data from any completed instream flow study and
developing recommendations for the Board on develo ping an instream
flow program; and
4. Submitting the final version of any completed instream flow
study including the recommendations of the committee to the
Governor, the President Pr o Tempore of the Senate, the Speaker of
Req. No. 124 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the House of Representatives and the Board within six (6) months of
the completion of the stu dy.
F. The recommendations of t he stakeholder committee are to be
approved or disapproved by the Legislature by the proper passage of
a concurrent resolution prior to implementation of any of t he
recommendations developed by the stakeholder committee . If the
Legislature disapproves by concurrent resolution the recommendations
of the stakeholder committee or the concurrent resolution fail s to
pass both houses of the Legislature, the stakeholder committee may
amend and resubmit its recommendations to the entities specified in
paragraph 4 of subsection E of this section. There shall be no
limit on the number of times the committee may resub mit its
recommendations.
G. If the Legislature approves b y concurrent resolution the
recommendations of the stakeholder committee , the Board is hereby
directed to promulgate rules pursuant to the recommendations of the
committee within one year of adoptio n of the concurrent resolution.
H. The Board is also auth orized and directed:
1. To promulgate procedures for the development of an instream
flow program as recommended in the final report of the Oklahoma
Comprehensive Water Plan Instream Flow workgro up that meets the
needs of treasured streams in the relevant stream system;
Req. No. 124 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. To include instream flow determination and the status of any
ongoing instream flow in any updates to the Oklahoma Comprehensive
Water Plan;
3. To designate voluntary, incenti ve based or conditional
mechanisms for implementing instream f low on a petitioned stream
including allowing those that hold permits to use str eam water to
voluntarily reallocate their permits in full or in part to instream
flows of the stream to which t he permit applies;
4. To cooperate with all relevant state agenc ies. All state
institutions, agencies, departments and boards and officers ar e
hereby authorized and directed to cooperate with the Board;
5. To make and enter into all contracts and agreeme nts
necessary or incidental to the performance of its duties and the
execution of its powers under this act;
6. To receive and accept from this state or the United States
of America or any agency or instrumentali ty thereof, grants of funds
and to receive and accept aid or contributions from any source of
either money, property, labor or other things of value to be held,
used and applied only for the purpos es for which such grants and
contributions may be made; and
7. To expend income and funds of the Boar d in the exercise of
any or all the powers granted to the Board under the provisions of
this act.
Req. No. 124 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I. The Oklahoma Water Resources Board may contract with a state
or federal research agency for review of proposed instream flow
study work plans and final in stream flow studies.
J. Nothing in this act shall be construed to waive, amend,
negate, reduce, define, affect or detract from the provisions of the
State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation ,
City of Oklahoma City Water Settlement Au gust 2016 and any conformed
Settlement Agreement, the Amended St orage Contract Transfer
Agreement among City of Oklahoma City, Oklahoma City Water Utiliti es
Trust and Oklahoma Water Resources Board, Oklahoma Water Resources
Board Regular Permit No. 2007 -17 or the Settlement Act (Water
Infrastructure Improvements f or the Nation Act, Pub. Law 114-322,
Section 3608, 130 Stat. 1628, 1796 -1814).
K. Nothing in this section shall be construed as affecting or
intending to affect existing water permits, private wat er rights or
the transferability of such, or prior riparian righ ts.
SECTION 3. This act shall become effective November 1, 2021.
58-1-124 APW 12/8/2020 9:40:41 AM