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SENATE FLOOR VERSION
March 3, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1585 By: Bullard and Burns of the
Senate
and
Dempsey and Humphrey of the
House
An Act relating to water and w ater rights; creating
the Charlette Hearne Heritage River Act; defining
term; creating a heritage river designation;
providing for the Oklahoma Water Resources Board to
provide certain designation; establishing protections
for heritage rivers against certa in uses; prohibiting
water sale and transfer fro m a heritage river;
providing the Oklahoma Water Resources Board
authority over the provisions and protections of a
heritage river; maintaining certain existing
practices along heritage rivers; protecting cer tain
property rights for landowners adjacent to a heritage
river; providing for codification; and providing 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 Sect ion 897 of Title 82, unless there is
created a duplication in numb ering, reads as follows:
This act shall be known and may be cited as the “Charlette
Hearne Heritage River Act ”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 89 8 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
water, fish, wildlife, and ou tdoor recreational values of present
and future benefit to the people of the state. For this purpose,
the Glover River in McCurtain County shall be designated a heritage
river.
C. On or after the effective date of this act, any river
designated as a heri tage river pursuant to this act shall not be
impounded by any 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 promu lgate 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 pra ctices and
proposed actions that may affect a heritage river;
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3. Recommend standa rds for local government agencies whose
political boundaries include all or part of a heritage river;
4. Own and control public access points for a heritage river,
and purchase easements and fee title to land along a heritage river
for public purposes whi ch 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 abat e nuisances.
E. 1. Nothing in this act shall be construed to unduly
restrict or adversely affect the use of property within any heritage
river basin for farming, ranching, forestry, silviculture, and other
agricultural uses if such uses are not inconsist ent 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 landowner and a utility or pipeline
company.
3. The property rights o f private landowners adjacent to a
heritage river shall be the same as in any other area of the state.
The unauthorized use of private 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.
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SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
March 3, 2022 - DO PASS AS AMENDED