Req. No. 2259 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
2nd Session of the 58th Legislature (2022)
SENATE BILL 1585 By: Bullard
AS INTRODUCED
An Act relating to water and water rights ; defining
term; creating a heritage river designation;
providing for the Oklah oma Water Resources Board to
provide certain designation; establishing protections
for heritage rivers against certain uses; prohibiting
water sale and transfer from a heritage river;
providing the Oklahoma Water Resour ces Board
authority over the provisions and protections of a
heritage river; maintaining certain existing
practices along heritage rivers; protecting certain
property rights for landow ners adjacent to a heritage
river; providing for codification; and providi ng an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 897 of Title 82, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section, “heritage river” means any river or
stream that has maintained a free-flowing and undammed status for
all of Oklahoma’s statehood.
B. A heritage river, having been free-flowing and undammed
since Oklahoma’s statehood, possesses natural elements such as
Req. No. 2259 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
water, fish, wildlife, and outdoor recreational values of present
and future benefit to the people of the state. For this purpose,
the Glover River in McCurtain County shall b e designated a heritage
river.
C. On or after the effective date o f this act, any river
designated as a heritage river pursuant to this act shall not be
impounded by any large dam or structure for industrial purposes and
no entity shall sell or transfer water from any heritage river.
D. The Oklahoma Water Resources Board shall have authority over
the provisions of this act and shall promulgate rules. The Oklahoma
Water Resources Board shall:
1. Prepare, adopt, and publish management plans and other
documents to guide public and private activities and programs;
2. Consider and comment on public and private practices and
proposed actions that may affect a heritage river;
3. Recommend standards for local govern ment agencies whose
political boundaries include al l or part of a heritage river;
4. Own and control public acce ss points for a heritage river,
and purchase easements an d fee title to land along a heritage river
for public purposes which are to be held by the Board as an agency
of this state; and
5. Identify public and private nuisances that adversely affect
a heritage river and take lawful action to abate nuisances.
Req. No. 2259 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
E. 1. Nothing in this act shall be construed to unduly
restrict or adversely affect the u se of property within any heritage
river basin for farming, ranching, forestry, silviculture , and other
agricultural uses if such uses are not inconsistent with the
purposes of this act. Present farming, ranching, forestry,
silviculture, and other agricultural uses and practices shall be
exempt from the provisions of this act.
2. The provisions of this act shall not be construed to affect
existing rights between a landown er and a utility or pipeline
company.
3. The property rights of private landowners adja cent to a
heritage river shall be the same as in any other area of the state.
The unauthorized use of priva te property shall be deemed trespassing
and subject to the penalties provided for such an offense.
4. Nothing in this act shall be construed to restrict public
recreational uses of a heritage river.
SECTION 2. This act shall become effect ive November 1, 2022.
58-2-2259 RJ 1/20/2022 1:13:24 PM