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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1940 By: McCall
AS INTRODUCED
An Act relating to waters and water rights; amending
82 O.S. 2021, Section 1020.11, which relates to types
of permits and fees; requiring Board to make certain
rule adjustments on permitting fees; allowing certain
fees to be the same; disallowing cer tain fees to
change based on water volume permitted for; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2021, Section 1020.11, is
amended to read as follows:
Section 1020.11 A. Regular Permit. A regular permit is an
authorization to put groundwat er to beneficial use for other than
domestic purposes. The regular permit shall be granted only after
completion of the hydrologic survey and determination of the maximum
annual yield for the appropriate basin or subbasin. It can be
revoked or canceled o nly as provided in Sections 1020.12 and 10 20.15
of this title.
B. Temporary Permit.
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1. A temporary permit is an authorization for the same p urposes
as a regular permit but granted by the Oklahoma Water Resources
Board prior to completion of the hydrologi c survey and the
determination of the maxi mum annual yield of the basin or subbasin.
2. Except as otherwise provided by this subsection, unle ss
requested by a majority of the surface owners of the land or by the
applicant, the water allocated by a tempora ry permit shall not be
less than two (2) acre-feet annually for each acre of land owned or
leased by the applicant in the basin or subbasin. If the applicant
presents clear and convincing evidence that allocations in excess of
two (2) acre-feet annually for each acre of land overlying the basin
or subbasin will not exhaust the water thereunder in less than
twenty (20) years, then the Board may issue temporary permits in
such basin or subbasin in such amounts in excess of said limitation
as will assure a minimum twenty-year life for such basin or
subbasin.
3. A temporary permit must be revalidated annually during its
term. The permit shall laps e at expiration of its term or upon the
issuance of a regular permit, whichever shall occur first. It is
subject to revocation or cancellation as provided in Sections
1020.12 and 1020.15 of this title. For temporary permit
revalidation purposes, water us e report forms shall be mailed by the
Board to each temporary permit holder. Timely return of the
completed, signed, and dated water use report form to the Board
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shall automatically revalidate a temporary groundwater permit if the
revalidation is not prot ested and if the water use report form does
not show or reflect any permit -water use violations.
4. If the revalidation of a permit is protested, the Board
shall immediately set a date for hearing and notify the applicant
and each protestant of the time a nd place of the hearing. At the
hearing, any interested person may appear and present evidence and
argument in support of or in opposition to the protest a nd
revalidation. At the hearing on the revalidation protest, matters
previously presented or consid ered and adjudicated shall not be
subject to reconsideration or readjudication. The protest issues
which may be entertained shall be limited to matters not previously
determined, including but not limited to: a material or substantial
change in conditions since issuance of the permit; evidence of the
applicant's noncompliance with any of the terms, provisions, or
conditions of the permit; or subsequent viol ations of the Oklahoma
Groundwater Law, or Board rules and regulations.
5. Subject to compliance wit h all other and applicable
provisions of this chapter and rules and regulations of the Board,
all temporary permits "revalidated" by the Board prior to the
effective date of this act are hereby validated.
C. Special Permit. A special permit is an authori zation by the
Board in lieu of or in addition to a regular or temporary permit.
The special permit is granted to put groundwater to a beneficial use
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which shall require quantities of water in excess of that allocated
under a regular or temporary permit. The water so authorized may be
used only for the purpose designated in the permit. The permit
shall be granted for a period not to exceed six (6) months a nd may
be renewed three (3) times. Successive special permits shall not be
granted for the same purp ose. It is subject to revocation or
cancellation upon failure to use the water for the purpose granted
or as provided in Sections 1020.12 and 1020.15 of t his title.
D. Except as provided in Section 1020.21 of this title, no
permits shall be issued to an applicant who is not the surface owner
of the land on which the well is to be located, or does not hold a
valid lease from such owner permitting withdrawal of water from such
basin or subbasin.
E. The Board shall modify its rules to establish a flat fee for
both regular and temporary permits. The fee may be the same for
both regular and temporary permits. The permit fees shall not
increase or decrease in proportion to the volume of water permitted
or for any other reason.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/14/2023 - DO PASS.