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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2609 By: Humphrey
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38	38	AS INTRODUCED
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40	40	An Act relating to water; defining terms; directing
41	41	Oklahoma Water Resources Board to determine instream
42	42	flows for certain rivers; dire cting permits be based
43	43	on flow determinations; directing instream flow
44	44	adjustments from gathered data; requiring data
45	45	collected be provided in updates to certain water
46	46	plan; allowing for voluntary water permit
47	47	reallocation; authorizing cooperation with cer tain
48	48	agencies and entities concerning instream flow;
49	49	authorizing promulgation of rules; authorizing
50	50	ability to contract; authorizing for reception of
51	51	available grants and aid; authorizing the expenditure
52	52	of funds and exercise of powers of the Board;
53	53	directing Board to gather cer tain stream-related
54	54	data; providing for the formation of Treasured Stream
55	55	Committees; stating purpose of committees; providing
56	56	for formation of subcommittees; providing duties and
57	57	responsibilities of committees and subcommittees;
58	58	providing for codification ; and providing an
59	59	effective date.
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66	66	BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
67	67	SECTION 1. NEW LAW A new section of law to be codified
68	68	in the Oklahoma Statutes as Section 1085.97 of Titl e 82, unless
69	69	there is created a duplication in numbering, reads as follows:
70	70	For the purposes of Section 2 of this act:
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97	97	1. "Treasured stream" means a stream that is:
98	98	a. habitat for a species listed as threatened or
99	99	endangered by the federal or state govern ment,
100	100	b. designated as an Oklahoma Scenic River, or
101	101	c. designated as such b y the Oklahoma Water Resources
102	102	Board;
103	103	2. "Instream flow" means an in-basin reserve amount of water
104	104	whose quality and flow regime protects and conserves fish and
105	105	wildlife propagation and recreation;
106	106	3. "Instream flow program" means an ongoing program in which a
107	107	treasured stream is monitored for compliance with instream flow
108	108	determinations and biological assessments are conducted to determine
109	109	if adjustments to instream flows are nee ded; and
110	110	4. "Treasured stream committee" means a body of stakeholders
111	111	tasked, for each treasured stream in their area, with determining
112	112	what metrics should be included and what goals should be achieved by
113	113	instream flows, reviewing data obta ined from the instream flow
114	114	program and suggesting improvements to the instream flow
115	115	determination methodology and the instream flow program.
116	116	SECTION 2. NEW LAW A new section of law to be codified
117	117	in the Oklahoma Statutes as Section 1085.98 of Tit le 82, unless
118	118	there is created a duplication in numbering, reads as follows:
119	119	A. For the purpose of effectuati ng the protection, conservation
120	120	and economic development of water resources that benefit all
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147	147	Oklahomans as established in Section 1086.1 of Title 82 of the
148	148	Oklahoma Statutes, and to protect the rights of individuals to use
149	149	water for domestic use as established in Section 105.2 of Title 82
150	150	of the Oklahoma Statutes , the Oklahoma Water Resources Board is
151	151	hereby authorized, empowered and directed:
152	152	1. To determine instream flows for each treasured stream in
153	153	conjunction with the metrics and methods listed in subs ection B of
154	154	this section and decided upon by the treasured stream c ommittees as
155	155	described in subsection C of this section;
156	156	2. To reduce the amount of water available for permitting from
157	157	each treasured stream by an amount equal to its respect ive instream
158	158	flow determination. W ater previously reserved for in -basin use
159	159	shall not be used to satisfy a reduction in the amount of water
160	160	available for permitting due to instream flow determinations. I n
161	161	the case that the Board dete rmines that there is not enough
162	162	unallocated water available in the treasured stream to allocate to
163	163	instream flows, the Board shall cease the allocation of water for
164	164	non-instream flow purposes in the treasur ed stream until after an
165	165	allocation that satisfies the instream flow determination is met;
166	166	3. To adjust instream flows for each treasured stream as
167	167	additional data is gathered by the instream flow programs and
168	168	evaluated by the treasured stream committees;
169	169	4. To include instream flow determinations, the status of
170	170	instream flow programs and the recommendations of the t reasured
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197	197	stream committees in updates to the Oklahoma Comprehensive Water
198	198	Plan;
199	199	5. To allow those that hold regula r, seasonal permits or oth er
200	200	water rights for stream water use in treasured streams to
201	201	voluntarily reallocate their permits, in full or in part, to
202	202	instream flows of the treasured stream to which the permit or right
203	203	applies;
204	204	6. To cooperate with all state and federal institutions,
205	205	agencies, departments, boards and officers and existing water permit
206	206	holders to satisfy instream flow determinations, including periodic
207	207	releases of stored water; and all state institutions, agencies,
208	208	departments, boards and offi cers are hereby authorized and directed
209	209	to cooperate with the Board;
210	210	7. To adopt such rules as may be necessary to effectuate the
211	211	purposes of this act;
212	212	8. To make and enter into all contracts and agreements
213	213	necessary or incidental to the performance of i ts duties and the
214	214	execution of its powers under this act;
215	215	9. To receive and accept from the State of Oklahoma or the
216	216	United States of America or any agency or instrumentality thereof
217	217	grants of funds and to receive and accept aid or contributions from
218	218	any source of either money, pr operty, labor or other things of value
219	219	to be held, used and applied only for the purposes for which such
220	220	grants and contributions may be made; and
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247	247	10. To expend income and funds of the Board in the exercise of
248	248	any or all of the powers granted to the Board under the provisions
249	249	of this act.
250	250	B. For the purpose of effectuating the protection, conservation
251	251	and economic development of water resources of treasured streams as
252	252	established by this act , the Oklahoma Water Resources Board sh all
253	253	conduct instream flow studies that:
254	254	1. Identify and record information related to, but not limited
255	255	to, the daily regimes of temperature, flow rate and water quality
256	256	needed to protect and conserve the treasured stream 's fish and
257	257	wildlife propagation an d recreation at a spatial resolution of less
258	258	than 5km;
259	259	2. Incorporate all flow data obtained after construction of
260	260	reservoirs and/or diversion structures that have affected the
261	261	treasured stream's natural flow regime, and consider the potential
262	262	effects of flow rate, temperature and water quality of water
263	263	released from reservoirs o n downstream fish and wildlife propagation
264	264	and recreation;
265	265	3. Incorporate how weather and climate scenarios may affect
266	266	future instream flows , fish and wildlife propagation and recreation;
267	267	4. Account for gains and losses of water in streams that are
268	268	connected to groundwater;
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295	295	5. Identify when recreational activities occur on the stream,
296	296	their economic impact and the quantity, quality and timing of stream
297	297	flows needed to sustain suc h activities; and
298	298	6. Quantify the potential future demands for domestic use of
299	299	stream water.
300	300	C. Two treasured stream c ommittees shall be formed, one for
301	301	Northeastern Oklahoma and another for Southeastern Oklahoma. Each
302	302	committee shall be comprised of one member from the Oklahoma Water
303	303	Resources Board, the Oklahoma Department of Wildlife Conservation,
304	304	Oklahoma Forestry Services, the University of Oklahoma, Oklahoma
305	305	State University, the University of Tulsa, the Oklahoma Scenic
306	306	Rivers Commission, a local tribal nation, and three st akeholders
307	307	that reside in a treasured stream basin . Additional membership may
308	308	be made available to federal natural resource agencies that wish to
309	309	participate.
310	310	1. The purpose of the c ommittees is to provide guidance for the
311	311	completion of instream flow det erminations, identify what metrics
312	312	are to be measured and which biological assessments are to be made
313	313	by each instream flow program and monitor their prog ress and
314	314	recommend changes to instream flow determinations as necessary. The
315	315	committees shall meet at least annually and may meet more often as
316	316	necessary and agreed upon by the c ommittees.
317	317	2. Subcommittees:
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344	344	a. each treasured stream c ommittee shall have a three -
345	345	member subcommittee comprised of the Executive
346	346	Directors of the Oklah oma Water Resources Board, the
347	347	Oklahoma Department o f Wildlife Conservation, and a
348	348	committee member from the University of Oklahoma or
349	349	Oklahoma State University, or their designees,
350	350	b. the representative from the Board sha ll serve as
351	351	chairperson of the s ubcommittee from November 1, 2023,
352	352	to November 1, 2024, and
353	353	c. thereafter, the chair shall be rotated a nnually, as
354	354	agreed upon by the c ommittee.
355	355	3. Duties and responsibilities of the committee s and
356	356	subcommittees:
357	357	a. the subcommittees shall approve a program matic work
358	358	plan by December 31, 2023, which shall include the
359	359	following:
360	360	(1) a list of the priority streams f or instream flow
361	361	determinations,
362	362	(2) identification of metrics, in addition to those
363	363	listed in subsection B of this section , to be
364	364	included in the determination of instream flow
365	365	for each treasured stream ,
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392	392	(3) identification of additional data that needs to
393	393	be collected to determine instream flows fo r each
394	394	treasured stream, if any,
395	395	(4) assignment of responsibilities for obtaining any
396	396	additional data needed to determine instrea m
397	397	flows,
398	398	(5) the time frames in which additional data will be
399	399	obtained,
400	400	(6) the general methods used to obtain additional
401	401	data,
402	402	(7) the metrics to be monitored by each instream flow
403	403	program after instream flows are determined, and
404	404	(8) the general methods a nd frequency of instream
405	405	flow program data collection,
406	406	b. the subcommittees shall ensure that resources of the
407	407	agencies are utilized effectively and efficiently to
408	408	accomplish additional data collection. To assist the
409	409	subcommittees, each involved agency shall also
410	410	designate lead staff to equally share ove rsight of the
411	411	data collection, to maximize in house capabilities of
412	412	personnel and equipment and to minimize costs to the
413	413	state. The committees shall also consider inviting
414	414	cities, river authorities, water d istricts, other
415	415	political subdivisions of the state, universities and
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442	442	federal water agencies to cooperate with and
443	443	participate in the conduct of these studies whenever
444	444	practicable,
445	445	c. the subcommittees shall establish an interagen cy
446	446	science team composed of staff scientists and
447	447	engineers assigned to work on the data collection by
448	448	the agencies and their cooperators. The team shall
449	449	assist the committees by drafting study plans and
450	450	scope of work, by supervising and facilitating
451	451	contracts and by conducting and reporting on the
452	452	priority studies identified in the work plan,
453	453	d. for all contracts by any agency for work to be
454	454	performed in furtherance of the work plan, the team
455	455	shall draft the plans and scope of work and provide
456	456	recommendations for contract facilitat ion prior to the
457	457	agency's presentation of the co ntract to its board,
458	458	commission or other agency official possessing the
459	459	authority to approve such contracts,
460	460	e. the subcommittees shall ensure that a productive data
461	461	and information exchange is accomplished a mong the
462	462	agencies. Also, the parties hereto shall each agree
463	463	to promptly furnish, free of charge, any and all
464	464	correspondence, memorandums, study reports, contracts,
465	465	data and any other information relating to instream
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492	492	flow studies that may hereafter be req uested by any of
493	493	the parties hereto and which are not privileged and
494	494	confidential under law,
495	495	f. the subcommittees shall attempt to reach unanimous
496	496	agreement on all decisions made in exercising its
497	497	duties and responsibilities under this agreement. In
498	498	the event of the failure of the s ubcommittees to reach
499	499	a unanimous agreement on a decision, a simple majority
500	500	of the assembled members may approve the decision as
501	501	to not frustrate or deter the intent, direction or
502	502	purpose of this agree ment or the duties and
503	503	responsibilities of the s ubcommittees as defined
504	504	hereunder,
505	505	g. the subcommittees shall attempt to resolve technical
506	506	disputes by seeking consensus from the interagency
507	507	science team. The subcommittees may direct team
508	508	members to meet specifically for the purpos e of
509	509	resolving professional differences in order t o reach a
510	510	compromised solution and to report that solution back
511	511	to the subcommittees,
512	512	h. to assist the agencies in performing a scientifically
513	513	sound program, the committees shall appoint an
514	514	independent scientific advisory group to review and
515	515	comment on study methods and plans prepared by the
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542	542	team. The number and composition of the s cientific
543	543	advisory group shall be made at the discretion of the
544	544	committee and may vary from time to t ime,
545	545	i. the subcommittees may also resolve interagency
546	546	disputes by seeking t he advice of their governing
547	547	bodies, and
548	548	j. nothing in this section shall preclude any of the
549	549	involved agencies from executing interagency
550	550	contracts, operating agreements, establis hing other
551	551	committees, or otherwise utilizing available resources
552	552	to achieve specific statutorily assigned
553	553	responsibilities regarding instream flow
554	554	determinations.
555	555	D. Nothing in this section shall be construed as affecting or
556	556	intending to affect existing water permits, rights or the
557	557	transferability of such.
558	558	SECTION 3. This act shall become effective November 1, 20 23.
559	559
560	560	59-1-5942 JBH 12/19/22
561	561

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2609 Compare Versions