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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 453 By: Rader
AS INTRODUCED
An Act relating to waters and water rights; am ending
82 O.S. 2011, Section 105.11, as a mended by Section
1, Chapter 411, O.S.L. 2019 (82 O .S. Supp. 2020,
Section 105.11), which relates to notice requirements
of certain applications; updating language; requiring
certain permit applications give additional notice to
certain persons; specifying certain notice
requirements; updating statutory la nguage; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2011, Section 105.11, as
amended by Section 1, Chapter 411, O.S.L. 2019 (82 O.S. Supp. 2020,
Section 105.11), is amended t o read as follows:
Section 105.11. A. Except as otherwise provided by Sectio n
105.13 of this title for limited quantity stream water permits, upon
the acceptance of an appli cation which complies with the provisions
of Chapter 1 of this title, and the rules promulgated by the
Oklahoma Water Resources Board pursuant thereto, the Boa rd shall
instruct the applicant to publish , a notice of the application
within the time required by the Board, a notice thereof,. The
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notice shall be at the applicant’s expense, and in a form prescribed
by the Board in a newspaper of general circulation in the county of
the point of diversion, and in a newsp aper of general circulation
published within the adjacent downstream county and any other
counties designated by the Board once a week for two (2) c onsecutive
weeks. The applicant shall also 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 one (1) mile upstream and one (1) mile downstream from
the proposed diversion point or points 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 one (1) mile upstream and
one (1) mile 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 places of appropriation
and of use, amount of water, the pur pose for which it is to be used,
name and address of applicant, the hearing date, time and place if a
hearing is scheduled by the Board before i nstructions to publish
notice are given, and a thirty-day protest period, as well as the
manner in which a protes t to the application may be made. At the
time the Board provides the notice of application to the applicant,
the Board shall publish on its we bsite the applications and
instructions for public notice, including the draft public notice
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prepared by the Board . The website publishing is in addition to,
and not in lieu of, the requirement for applic ants 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 given within
thirty (30) days after the Board has notified the ap plicant of his
or her failure to give effective and proper notice, the applicati on
shall thereafter carry the original date of filing, a nd shall
supersede any subsequent application to th e same source of water
supply. Any interested party shall have the r ight to protest said
the application and present evidence and testimony in support o f
such protest.
C. D. If the Board does not schedul e a hearing on the
application before instructing t he applicant to publish notice, a
hearing shall be scheduled by the Board u pon 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, 2021.
58-1-1182 APW 1/19/2021 10:16:29 AM