Req. No. 2482 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 1588 By: Bullard AS INTRODUCED An Act relating to water and water rights; creating the Oklahoma Water Economic Impact Study Act; defining terms; creating the Oklahoma Water Econo mic Impact Study Fund; stating purpose of fund; making fund continuing and nonfiscal; stating sources of revenue; establishing procedures of expenditur es of monies accruing to the credit of the fund; authorizing the Oklahoma Water Resources Board to conduct instream flow studies upon certain agreement; requiring studies to include certain information and recommendations; requiring certain cooperation in conduction of studies; requiring submission of completed study to certain entities; requiring promulgation of rules by Oklahoma Water Resources Board; requiring certain legislative appropriation; 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 Section 1702 of Title 82, unless there is created a duplication in numbering, rea ds as follows: A. This act shall be known and may be cited as the “Oklahoma Water Economic Impact Study Act ”. B. As used in this section : Req. No. 2482 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 1. “Instream flow” means the water flow required to maintain the functions and resilience of freshwater stream syst ems and the needs of communities that depend on th e healthy ecosystems ; and 2. “Instream flow study” means a study to develop the instream flow determinations and biological assessments needed to maintain instream flows and support a sound ecological envi ronment. C. There is hereby created in the State Treasury a revolving fund for the Oklahoma Water Resources Board to be designated the “Oklahoma Water Economic Impact Study Fund ” for the purpose of conducting instream flow studies . The revolving fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Water Resources Board from the appropriations, apportionments, donations, federal grants, and fee revenues designated for the p urposes of implementing the provisions of this act. All monies accruing to the credit of the fund may be budgeted and expended by the Secretary of Energy and Environment, in agreement w ith the Executive Director of the Oklahoma Water Resources Board, the Executive Director of the Department of Wildlife Conservation, the Secretary of Agriculture , and the Secretary of Commerce . Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Di rector of the Office of Management and Enterprise Services for approval and payment. Req. No. 2482 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 D. Upon agreement of the Secretary of Energy and Environment, the Executive Director of the Oklahoma Water Resources Board, the Executive Director of the Department of Wildlife Conservation, the Secretary of Agriculture , and the Secretary of Commerce , the Board may conduct an instream flow study on any body of water agreed upon by the entities to enable the protection, conservation, recreation al use, and economic developme nt of water resources and to protect the rights of the citizens of this state to use water for riparian and domestic use, as authorized pursuant to Section 105.2 of Title 82 of the Oklahoma Statutes. Such study shall include the identification of the methodology and metric to be measured by the instream flow study and any biological assessments that are to be made during the study, and shall include recommendations for the completion of instream flow determinati ons in the body of water that is the subject of the study. E. The Oklahoma Water Resource s Board shall work in cooperation with the Department of Commerce to conduct an instream flow study required pursuant to this section. A final copy of the completed instream flow study shall be submitted to the Governor, the President Pro Tempore of the Senate , the Speaker of the House of Representatives, the Secretary of Energy and Environment, and the Department of Wildlife Conservation. The Oklahoma Water Resources Board shall promulgate rules to implement t he provisions of this act. Req. No. 2482 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 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1703 of Title 82, unless there is created a duplication in numbering, rea ds as follows: There is hereby appropriat ed to the Oklahoma Water Resources Board any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 20 23, the sum of Three Million Dollars ($3,0 00,000.00) to transfer to the Oklahoma Water Economic Impact Study Fund created pursuant to Section 1 of this act. SECTION 3. This act shall become effective Nove mber 1, 2022. 58-2-2482 RJ 1/20/2022 1:38:39 PM