An Act
ENROLLED HOUSE
BILL NO. 2239 By: Dobrinski, Archer, Alonso-
Sandoval, Talley, Moore,
Bashore, Roberts,
Patzkowsky, and Sims of the
House
and
Jech, Stephens, Murdock,
Pederson, and Bullard of
the Senate
An Act relating to water preservation; cre ating the
Terry Peach North Canadian Watershed Restoration Act;
defining terms; creating certain pilot program;
authorizing Oklahoma Conservation Commission to
utilize certain funds; stating purpose of pilot
program; listing certain Commission duties;
authorizing the promulgation of rules and procedures;
creating the North Canadian Watershed Restoration
Revolving Fund; providing for content of fund;
providing for deposits and expenditures; repealing 2
O.S. 2021, Section 16-73, which relates to Tamarix
ssp; providing for codification; and declaring an
emergency.
SUBJECT: Water preservation
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 S ection 3-8-101 of Title 27A, unless
there is created a dup lication in numbering, reads as fol lows:
This act shall be known and may be cited as the "Terry Peach
North Canadian Watershed Restoration Act".
ENR. H. B. NO. 2239 Page 2
SECTION 2. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Sect ion 3-8-102 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in the Terry Peach North Canadian Watershed
Restoration Act:
1. "Commission" means the Oklahoma Conservation Commission;
2. "Harmful woody species " means a tree or shrub species that
is rapidly encroachi ng into adjoining lands and is likely to cause
harm to the environment or economy. Harmful woody species incl ude,
but are not limited to, Juniperus virginiana (Eastern Redcedar),
Juniperus scopulorum (Rocky Mountain juniper), Juniperus monosperma
(oneseed juniper) and Tamarix ramosissima (salt cedar) ; and
3. "North Canadian Watershed " means the area of land in
Oklahoma that drains or sheds water into the North Canadian River.
B. There is hereby created a pilot program to remove or
eradicate harmful woody species in the North Canadian Watershed to
be administered by the Oklahoma Conservation Commission. To
accomplish the goals listed in this section, the Commission is
authorized to use the funds available in the North Canadian
Watershed Restoration Revolving Fund established in Section 3 of
this act. The purpose of the program is to manage and eradicate,
where possible, harmful woody species that damage grazing lands,
create significant wildfire risk, reduce wildlife habitat and reduce
water flow into the North Canadian River.
C. In administering the pilot program, the Commission shall:
1. Cooperate with landowners, state agencies, and other
political subdivisions for removal of harmful woody species;
2. Measure the density of harmful woody species and estimate
water used by those species;
3. Create a study using a parallel waters hed with no control of
harmful woody species;
4. Utilize available funds to cost-share with landowners for
expenses incurred in the eradication of harmful woody species by
prescribed burn, biological controls, mechanical removal, or
herbicide applications; ENR. H. B. NO. 2239 Page 3
5. Develop grant programs with conservation districts, rural
fire departments, and prescribe burn associat ions for resources
needed for prescribed burns, mechanical removal, biological control,
or herbicide applications on harmful woody species;
6. Bring attention to the problems posed by harmful woody
species to create awareness, demonstrate value to all stakeholders ,
and encourage landowners to participate in the program; and
7. Have at least two active project areas in the program, one
above the Canton Lake dam and one below.
D. The Commission is authorized to promulgate any rules and
procedures to effectuate the pr ovisions of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-8-103 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Conservation Commission to be desig nated the "North
Canadian Watershed Restoration Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal yea r limitations, and shall
consist of all monies received by the Conservation Commission from
appropriations, federal grants or funds, municipal contributions,
private contributions, and any other sources, including interest
earned from the income in the fund , that are designated for deposit
to such fund or designated for duties associated with harmful woody
species removal from the North Canadian Watershed. All monies
accruing to the credit of s aid fund are hereby appropriated and may
be budgeted and expended by the Conservation Commission to per form
the duties imposed on the Commission by law. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for app roval and
payment.
SECTION 4. REPEALER 2 O.S. 2021, Section 16-73 is hereby
repealed.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval. ENR. H. B. NO. 2239 Page 4
Passed the House of Representatives the 26th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of May, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________