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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1585 By: Bullard, Burns, and
Stephens of the Senate
and
Dempsey and Humphrey of the
House
An Act relating to water and water rights; defining
term; creating a heritage river designation;
providing for the Oklahoma 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.
AUTHORS: Add the following House Coauthor s: West (Josh),
Moore, Burns, Lawson, Sims, Johns, Bashore,
Wallace, Sterling, McDugle, Cornwell, Sneed, and
Culver
AMENDMENT NO. 1. Strike the title, enacting clause and entire bill
and insert:
"An Act relating to waters and water rights; enacting
the Mitchell McDaniel Historic Act for the Glover
River; prohibiting the Oklahoma Water Resources
Board from approving or permitting the construction
of dams on Glover River; providing for codification;
providing for noncodification ; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Mitchell
McDaniel Historic Act for the Glover River".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 110.13 of Title 82, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Water Resources Board shall neither approve any
application nor permit the construction of a dam on Glover River in
McCurtain County.
SECTION 3. This act shall become effective November 1, 2022."
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1585 By: Bullard, Burns, and
Stephens of the Senate
and
Dempsey and Humphrey of the
House
An Act relating to water and water rights; defining
term; creating a heritage river designation;
providing for the Oklahoma 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 4. 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
water, fish, wildlife, and outdoor recreational values of present
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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 effe ctive date of 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.
1. The Oklahoma Water Resources Board shall:
a. prepare, adopt, and publish management plans and other
documents to guide public and private activities and
programs,
b. consider and comment on public and priva te practices
and proposed actions that may affect a heritage river,
and
c. recommend standards for local govern ment agencies
whose political boundaries include al l or part of a
heritage river; and
2. The Oklahoma Water Resources Board may:
a. own and control public access points for a heritage
river, and purchase easements an d fee title to land
along a heritage river for public purposes which are
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to be held by the Board as an agency of this state,
and
b. identify public and private nuisances that adversely
affect a heritage river and take lawful action to
abate nuisances.
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 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.
SECTION 5. This act shall become effective November 1, 2022.
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Passed the Senate the 15th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives