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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2609 By: Humphrey
AS INTRODUCED
An Act relating to water; defining terms; directing
Oklahoma Water Resources Board to determine instream
flows for certain rivers; dire cting permits be based
on flow determinations; directing instream flow
adjustments from gathered data; requiring data
collected be provided in updates to certain water
plan; allowing for voluntary water permit
reallocation; authorizing cooperation with cer tain
agencies and entities concerning instream flow;
authorizing promulgation of rules; authorizing
ability to contract; authorizing for reception of
available grants and aid; authorizing the expenditure
of funds and exercise of powers of the Board;
directing Board to gather cer tain stream-related
data; providing for the formation of Treasured Stream
Committees; stating purpose of committees; providing
for formation of subcommittees; providing duties and
responsibilities of committees and subcommittees;
providing for codification ; and providing an
effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.97 of Titl e 82, unless
there is created a duplication in numbering, reads as follows:
For the purposes of Section 2 of this act:
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1. "Treasured stream" means a stream that is:
a. habitat for a species listed as threatened or
endangered by the federal or state govern ment,
b. designated as an Oklahoma Scenic River, or
c. designated as such b y the Oklahoma Water Resources
Board;
2. "Instream flow" means an in-basin reserve amount of water
whose quality and flow regime protects and conserves fish and
wildlife propagation and recreation;
3. "Instream flow program" means an ongoing program in which a
treasured stream is monitored for compliance with instream flow
determinations and biological assessments are conducted to determine
if adjustments to instream flows are nee ded; and
4. "Treasured stream committee" means a body of stakeholders
tasked, for each treasured stream in their area, with determining
what metrics should be included and what goals should be achieved by
instream flows, reviewing data obta ined from the instream flow
program and suggesting improvements to the instream flow
determination methodology and the instream flow program.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.98 of Tit le 82, unless
there is created a duplication in numbering, reads as follows:
A. For the purpose of effectuati ng the protection, conservation
and economic development of water resources that benefit all
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Oklahomans as established in Section 1086.1 of Title 82 of the
Oklahoma Statutes, and to protect the rights of individuals to use
water for domestic use as established in Section 105.2 of Title 82
of the Oklahoma Statutes , the Oklahoma Water Resources Board is
hereby authorized, empowered and directed:
1. To determine instream flows for each treasured stream in
conjunction with the metrics and methods listed in subs ection B of
this section and decided upon by the treasured stream c ommittees as
described in subsection C of this section;
2. To reduce the amount of water available for permitting from
each treasured stream by an amount equal to its respect ive instream
flow determination. W ater previously reserved for in -basin use
shall not be used to satisfy a reduction in the amount of water
available for permitting due to instream flow determinations. I n
the case that the Board dete rmines that there is not enough
unallocated water available in the treasured stream to allocate to
instream flows, the Board shall cease the allocation of water for
non-instream flow purposes in the treasur ed stream until after an
allocation that satisfies the instream flow determination is met;
3. To adjust instream flows for each treasured stream as
additional data is gathered by the instream flow programs and
evaluated by the treasured stream committees;
4. To include instream flow determinations, the status of
instream flow programs and the recommendations of the t reasured
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stream committees in updates to the Oklahoma Comprehensive Water
Plan;
5. To allow those that hold regula r, seasonal permits or oth er
water rights for stream water use in treasured streams to
voluntarily reallocate their permits, in full or in part, to
instream flows of the treasured stream to which the permit or right
applies;
6. To cooperate with all state and federal institutions,
agencies, departments, boards and officers and existing water permit
holders to satisfy instream flow determinations, including periodic
releases of stored water; and all state institutions, agencies,
departments, boards and offi cers are hereby authorized and directed
to cooperate with the Board;
7. To adopt such rules as may be necessary to effectuate the
purposes of this act;
8. To make and enter into all contracts and agreements
necessary or incidental to the performance of i ts duties and the
execution of its powers under this act;
9. To receive and accept from the State of Oklahoma or the
United States of America or any agency or instrumentality thereof
grants of funds and to receive and accept aid or contributions from
any source of either money, pr operty, labor or other things of value
to be held, used and applied only for the purposes for which such
grants and contributions may be made; and
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10. To expend income and funds of the Board in the exercise of
any or all of the powers granted to the Board under the provisions
of this act.
B. For the purpose of effectuating the protection, conservation
and economic development of water resources of treasured streams as
established by this act , the Oklahoma Water Resources Board sh all
conduct instream flow studies that:
1. Identify and record information related to, but not limited
to, the daily regimes of temperature, flow rate and water quality
needed to protect and conserve the treasured stream 's fish and
wildlife propagation an d recreation at a spatial resolution of less
than 5km;
2. Incorporate all flow data obtained after construction of
reservoirs and/or diversion structures that have affected the
treasured stream's natural flow regime, and consider the potential
effects of flow rate, temperature and water quality of water
released from reservoirs o n downstream fish and wildlife propagation
and recreation;
3. Incorporate how weather and climate scenarios may affect
future instream flows , fish and wildlife propagation and recreation;
4. Account for gains and losses of water in streams that are
connected to groundwater;
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5. Identify when recreational activities occur on the stream,
their economic impact and the quantity, quality and timing of stream
flows needed to sustain suc h activities; and
6. Quantify the potential future demands for domestic use of
stream water.
C. Two treasured stream c ommittees shall be formed, one for
Northeastern Oklahoma and another for Southeastern Oklahoma. Each
committee shall be comprised of one member from the Oklahoma Water
Resources Board, the Oklahoma Department of Wildlife Conservation,
Oklahoma Forestry Services, the University of Oklahoma, Oklahoma
State University, the University of Tulsa, the Oklahoma Scenic
Rivers Commission, a local tribal nation, and three st akeholders
that reside in a treasured stream basin . Additional membership may
be made available to federal natural resource agencies that wish to
participate.
1. The purpose of the c ommittees is to provide guidance for the
completion of instream flow det erminations, identify what metrics
are to be measured and which biological assessments are to be made
by each instream flow program and monitor their prog ress and
recommend changes to instream flow determinations as necessary. The
committees shall meet at least annually and may meet more often as
necessary and agreed upon by the c ommittees.
2. Subcommittees:
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a. each treasured stream c ommittee shall have a three -
member subcommittee comprised of the Executive
Directors of the Oklah oma Water Resources Board, the
Oklahoma Department o f Wildlife Conservation, and a
committee member from the University of Oklahoma or
Oklahoma State University, or their designees,
b. the representative from the Board sha ll serve as
chairperson of the s ubcommittee from November 1, 2023,
to November 1, 2024, and
c. thereafter, the chair shall be rotated a nnually, as
agreed upon by the c ommittee.
3. Duties and responsibilities of the committee s and
subcommittees:
a. the subcommittees shall approve a program matic work
plan by December 31, 2023, which shall include the
following:
(1) a list of the priority streams f or instream flow
determinations,
(2) identification of metrics, in addition to those
listed in subsection B of this section , to be
included in the determination of instream flow
for each treasured stream ,
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(3) identification of additional data that needs to
be collected to determine instream flows fo r each
treasured stream, if any,
(4) assignment of responsibilities for obtaining any
additional data needed to determine instrea m
flows,
(5) the time frames in which additional data will be
obtained,
(6) the general methods used to obtain additional
data,
(7) the metrics to be monitored by each instream flow
program after instream flows are determined, and
(8) the general methods a nd frequency of instream
flow program data collection,
b. the subcommittees shall ensure that resources of the
agencies are utilized effectively and efficiently to
accomplish additional data collection. To assist the
subcommittees, each involved agency shall also
designate lead staff to equally share ove rsight of the
data collection, to maximize in house capabilities of
personnel and equipment and to minimize costs to the
state. The committees shall also consider inviting
cities, river authorities, water d istricts, other
political subdivisions of the state, universities and
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federal water agencies to cooperate with and
participate in the conduct of these studies whenever
practicable,
c. the subcommittees shall establish an interagen cy
science team composed of staff scientists and
engineers assigned to work on the data collection by
the agencies and their cooperators. The team shall
assist the committees by drafting study plans and
scope of work, by supervising and facilitating
contracts and by conducting and reporting on the
priority studies identified in the work plan,
d. for all contracts by any agency for work to be
performed in furtherance of the work plan, the team
shall draft the plans and scope of work and provide
recommendations for contract facilitat ion prior to the
agency's presentation of the co ntract to its board,
commission or other agency official possessing the
authority to approve such contracts,
e. the subcommittees shall ensure that a productive data
and information exchange is accomplished a mong the
agencies. Also, the parties hereto shall each agree
to promptly furnish, free of charge, any and all
correspondence, memorandums, study reports, contracts,
data and any other information relating to instream
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flow studies that may hereafter be req uested by any of
the parties hereto and which are not privileged and
confidential under law,
f. the subcommittees shall attempt to reach unanimous
agreement on all decisions made in exercising its
duties and responsibilities under this agreement. In
the event of the failure of the s ubcommittees to reach
a unanimous agreement on a decision, a simple majority
of the assembled members may approve the decision as
to not frustrate or deter the intent, direction or
purpose of this agree ment or the duties and
responsibilities of the s ubcommittees as defined
hereunder,
g. the subcommittees shall attempt to resolve technical
disputes by seeking consensus from the interagency
science team. The subcommittees may direct team
members to meet specifically for the purpos e of
resolving professional differences in order t o reach a
compromised solution and to report that solution back
to the subcommittees,
h. to assist the agencies in performing a scientifically
sound program, the committees shall appoint an
independent scientific advisory group to review and
comment on study methods and plans prepared by the
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team. The number and composition of the s cientific
advisory group shall be made at the discretion of the
committee and may vary from time to t ime,
i. the subcommittees may also resolve interagency
disputes by seeking t he advice of their governing
bodies, and
j. nothing in this section shall preclude any of the
involved agencies from executing interagency
contracts, operating agreements, establis hing other
committees, or otherwise utilizing available resources
to achieve specific statutorily assigned
responsibilities regarding instream flow
determinations.
D. Nothing in this section shall be construed as affecting or
intending to affect existing water permits, rights or the
transferability of such.
SECTION 3. This act shall become effective November 1, 20 23.
59-1-5942 JBH 12/19/22