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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1210 By: Bullard
AS INTRODUCED
An Act relating to water and water rights; a mending
82 O.S. 2021, Section 105.11, which relates to notice
requirements of certain stream permit applications;
modifying language; requiring certain stream permit
applications give additional notice to adjacent land
owners within a certain distance; specifying certain
notice requirements; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2021, Section 105.11, is
amended to read as follows:
Section 105.11. A. Except as otherwise provided b y Section
105.13 of this title for limited quantit y stream water permits, upon
the acceptance of an application which complies with the provisions
of Chapter 1 of this title, and the rules promulgated by the
Oklahoma Water Resources Board pursuant thereto, the Board shall
instruct the applicant to publish , a notice of the application
within the time required by the Board , a notice thereof,. The
notice shall be at the applicant's expense, and in a form prescribed
by the Board in a newspaper of general circu lation in the county of
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the point of diversion, an d in a newspaper of general circulation
published within the adjacent downstream county and any other
counties designated by the Board once a week for two (2) consecutiv e
weeks. The applicant shall provide notice of the application, via
certified mail, to the owner or owners of each tract of land
adjacent to the stream identified in the permit application for a
distance of two (2) miles upstream and to all owners downstream from
the proposed diversion point or points. Notice via certified mail
shall also be transmitted to every stream water permit holder and to
any person or entity with a pending stream water permit application
received by the Board prior to the notifying applicant's application
for a distance of two (2) miles upstream and to every applicant
downstream from the proposed diversion point or points.
B. Such notice shall give all the essential facts as to the
proposed appropriation, among them being the place s of appropriation
and of use, amount of water, the purpose for which it is to be used ,
name and address of applicant, the hearing date, ti me and place if a
hearing is scheduled by the Board before instructions to publish
notice are given, and a thirty-day protest period, as well as the
manner in which a protest to the application may be ma de. At the
time the Board provides the notice of appl ication to the applicant,
the Board shall publish on its website the applications and
instructions for public notice , including the draft public notice
prepared by the Board. The website publishing is in addition to,
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and not in lieu of, the requirement fo r applicants to publish notice
in the newspaper. The time to protest shall run from the date of
the first newspaper publication.
B. C. In case of failure to give such notice in accordance with
the rules and regulations applicable thereto within the time
required, or if such notice is defective, the priority of
application shall be lost; however, if proper notice is gi ven within
thirty (30) days after th e Board has notified the applicant of his
or her failure to give effective and proper notice, the applicati on
shall thereafter carry the original date of filing, and shall
supersede any subsequent application to the same source of water
supply. Any interested party shall have the right to protest said
the application and present evidence and testimony in support o f
such protest.
C. D. If the Board does not schedule a hearing on the
application before instructing the app licant to publish notice, a
hearing shall be scheduled by the Board upon receipt of a protest
which meets the requirements of the Board 's rules, the Board shall
notify the applicant and protestant of such hearing.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2826 RJ 1/7/2022 8:35:37 AM