Req. No. 8943 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3195 By: Newton
AS INTRODUCED
An Act relating to waters and water rights; providing
declaration of policy; providing for creation and
designation of critical groundwater management areas
and criteria for such designation; providing for
hearings on designation of crit ical groundwater
management areas and boundaries; providing notice
requirement; providing hearing procedures; providing
for review and modification of boundaries of
subsequent active critical groundwater management
areas; providing groundwater rights and uses in
active critical groundwater management areas;
providing for management plans in critical
groundwater management a reas; authorizing the
creation of local advisory council for critical
groundwater management areas; providing duties and
powers of the advisory council; pr oviding for
codification; and providing an effective date .
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 Section 1022.1 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. The Legislature finds that the people of Oklahoma are
dependent in whole or in par t upon groundwater basins for their
water supply and that in certain basins and sub-basins withdrawal of
Req. No. 8943 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
groundwater is greatly in excess of a sustainable annual yield and
that this is threatening to destroy the economy of certain ar eas of
this state and is threatening to do substantial injury to the
general economy and welfare of this state and its citizens. The
Legislature further finds that it is in the best interest of the
general economy and welfare of this state and its citizen s that the
Legislature utilize its police power to prescribe which uses of
groundwater are most beneficial and economically effective.
B. It is therefore declared to be the public policy of this
state that in the interest of protecting and stabilizing the general
economy and welfare of this state and its citizens , it is necessary
to conserve, protect, and allocate the use of certain groundwater
resources of the state and to provide a framework for the
comprehensive management and regulation of the withdraw al,
transportation, use, co nservation, and conveyance of rights to use
the identified groundwaters in this state.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1022.2 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Water Resources Board may designate an area as
a critical groundwater management area if the Board determines,
after notice and hearing, that any of the following exists:
Req. No. 8943 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Active critical groundwater management practices are
necessary to preserve the existing supply of groundwat er for future
needs;
2. Land subsidence or fissuring is endangering property or
potential groundwater storage capacity ; or
3. Use of groundwater is resulting in actual or threatened
water quality degradation.
B. An active critical groundwater management area designated
pursuant to this section may include more than one groundwater basin
but shall not be smaller than a groundwater basin or include only a
portion of a groundwater basin.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1022.3 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. If the Oklahoma Water Resources Board proposes to designate
a groundwater basin as a critical groundwater management area
pursuant to Section 2 of this act , the Board shall hold a public
hearing to consider:
1. Whether to issue an order declaring the area an active
critical groundwater management area; and
2. The boundaries and any sub-basins of the proposed active
critical groundwater management area.
B. The Board shall give reasonable notice of the hearing which
shall include publication once each week for two (2) consecutive
Req. No. 8943 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
weeks in a newspaper of general circulation in each county in which
the proposed critical groundwater management area is located and
certified mail notice to those persons holding a groundwater use
permit for the basin. Any notice shall contain the time and place
of the hearing, the legal description and a map clearly identifying
and describing all lands to be included in the proposed active
critical groundwater management area and any sub -basins, and any
other information the Board deems n ecessary.
C. The hearing shall be held at a location within th e proposed
critical groundwater management area. At the hearing, the Bo ard
shall present factual data in support of the proposed action. Any
person may appear at the hearing, either in person o r by
representative, and submit oral or documentary evidence for or
against the proposed action. In making its determination, the Boar d
shall give full consideration to public com ment and to
recommendations made by local political subdivisions.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1022.4 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Water Resources Board shall review the criti cal
groundwater management area or any of it s sub-basins as conditions
require and when factual data justify, but no less than ten (10)
years after the initial designation and each ten (10) years
thereafter.
Req. No. 8943 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The Executive Director of the Oklahoma Water Resources Board
shall review the boundaries of a critical groundwater management
area or any of the sub-basins by request of the loc al advisory
council in the critical groundwater management area.
C. Before modifying the boundaries of a subsequent active
critical groundwater management area or any of its sub -basins, the
Executive Director shall give notice of and hold a hearing on the
proposed modifications pursuant to the procedures p rescribed by
Section 3 of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1022.5 of Title 82 of the
Oklahoma Statutes, unless there is created a duplication in
numbering, reads as follows:
A. In an active critical groundwater management area, a person
may:
1. Withdraw and use groundwater only in accordance w ith the
provisions of Title 82 of the Oklahoma Statutes and any associated
rules promulgated by the Oklahom a Water Resources Board ; and
2. Store water in a storage facility in accordance with
applicable provisions of the Oklahom a Statutes.
B. Nothing in Title 82 of the Oklahoma Statutes shall be
construed to affect the definition of surface water in Section 60 of
Title 60 of the Oklahoma Statutes and the definition of water ,
subject to appropria tion.
Req. No. 8943 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1022.6 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Water Resources Board shall develop a
management plan for each critical groundwater management area and
shall adopt the plans only aft er public hearings held pursuant to
Section 3 of this act . The plans shall include a continuing
mandatory conservation program for all persons withdr awing,
distributing, or receiving groundwater that is designed to achieve
reductions in withdrawals of groundwater.
B. The management plan may require additional well spacing and
the temporary reduction of the amount of water available under a
regular permit to take and use groundwater.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1022.7 of Title 82, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Water Resources Board is authorized to create a
local advisory council for each established critical groundwater
management area. The Board shall establish rules stating the
qualifications for membership and organization of the councils.
Each council shall have the duty to review the progress of the
approved management plans and recommend updates to the manag ement
plans to the Board, provided such wr itten recommendations have been
concurred upon by a majority of the membership of the council.
Req. No. 8943 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 8. This act shall become effective November 1, 2024.
59-2-8943 JL 01/05/24