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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 914 By: Howard
AS INTRODUCED
An Act relating to water and water rights; creating
the Oklahoma Regional Water District Act; providing
short title; directing the Oklaho ma Water Resources
Board to designate certain districts by certain date;
specifying terms for designation; directing initial
development and coordination of certain districts;
requiring development of regional water plans;
specifying contents of plans; dir ecting rule
promulgation; requiring notice and hearing subject to
certain requirements; providing for conflict
resolution under certain circumstances; directing
report submission; requiring Board to seek financial
assistance from certain entities; providin g for
contractual agreements between Board and political
subdivisions; amending 82 O.S. 2021, Section 1086.2,
which relates to the Oklahoma Comprehensive Water
Plan; conforming language; amending Section 1,
Chapter 268, O.S.L. 2023 (82 O.S. Supp. 2024, Sec tion
1086.7), which relates to the Oklahoma Flood and
Drought Management Task Force; conforming language;
amending 82 O.S. 2021, Section 1623, which relates to
the state flood plan; conforming language; updating
statutory language; providing for noncodific ation;
providing 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 not to be
codified in the Oklahoma Statutes reads as foll ows:
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This act shall be known and may be cited as the “Oklahoma
Regional Water District Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1086.8 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Water Resources Board shall designate
geographic areas to be known as regional water districts and to be
responsible for developing regional water plans, no later than July
1, 2026. In creating boundaries for such districts, the Board shall
take into consideration factors s uch as river basin and aquifer
delineations, water utility development patterns, socioeconomic
characteristics, existing regional water planning areas, political
subdivision boundaries, public comment, and any other factors deemed
relevant by the Board. The Board shall review and update the
district boundaries as necessary, but not less than every five (5)
years.
B. No later than sixty (60) days after the designation of the
regional water districts under subsection A of this section, the
Board shall designate representatives within each district to serve
as the initial coordinating body for regional water planning. The
initial coordinating body shall then designate additional
representatives to provide regional water planning assistance for
the regional water plan , ensuring adequate representation from the
interests comprising that region including , but not limited to, the
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public, counties, municipalities, industries, agricultura l
interests, environmental interests, small businesses, electric
generating utilities, river authorities, rural water districts, and
water utilities.
C. 1. Each regional water district shall prepare a regional
water plan that provides for the orderly dev elopment, management,
and conservation of water resources and preparation for and response
to drought conditions in order that sufficient water will be
available at a reasonable cost to ensure public health, s afety, and
welfare, further economic developmen t, and protect the agricultural
and natural resources of the region.
2. The Board shall provide guidelines for the consideration of
existing regional planning efforts by a regional water district.
The Board shall provide guidance for the format in which information
shall be presented in any plans submitted by the district to the
Board.
D. Each regional water district shall submit to the Oklahoma
Water Resources Board a regional water plan that:
1. Is consistent with the guidance principles of the Oklaho ma
Comprehensive Water Plan ;
2. Provides information based on local and regio nal water
needs;
3. Has specific provisions for water management strategies to
be used during:
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a. a drought of record,
b. a period when flows are at seventy -five percent (75%)
of normal water flow, and
c. when flows are at fifty percent (50%) of normal water
flow; and
4. Includes consideration of:
a. any existing water or drought planning efforts
addressing all or a port of the regional water
district,
b. groundwater irrigation districts,
c. all potentially feasible water management strategies
including, but not limited to, improved conservation
and management of existing water supplies, acquisition
of available existing water supplies, and development
of new water supplies,
d. protection of existing water rights within the
regional water district and modes and procedures for
the equitable adjustment of water rights affected by
the plan,
e. opportunities for and the benefits of developing
regional water supply facilities or provid ing regional
management of water supply facilities , and
f. voluntary transfer of water within the regional water
district using sources including, but not limited to ,
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regional water banks, sales, leases, options,
subordination agreements, and financing agr eements.
E. 1. No later than July 1, 2026, the Board shall promulgate
rules to:
a. provide for the procedures for adoption of regional
water plans by regional water districts and for
approval of such plans by the Board , and
b. govern procedures to be fol lowed in carrying out the
responsibilities of this section.
2. The Board shall provide technical a nd financial assistance
to the regional water district for the development of plans provided
for in this act.
3. The Board, if requested, may facilitate res olution of
conflicts or disputes between regional water districts.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1086.9 of Title 82, unless there
is created a duplication in numbering, re ads as follows:
A. After a regional water plan is developed by a regional water
district pursuant to the provisions of the Oklahoma Regional Water
District Act, the group shall, following publication of notice
pursuant to the Oklahoma Open Meeting Act, ho ld not less than one
public hearing at some central location within the district.
B. After the regional water plan is initially prepared, the
regional water district shall submit a copy of the plan to the
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Oklahoma Water Resources Board. The Board shall submit comments on
the regional water plan as to whether the plan meets the
requirements of Section 1 of this act.
C. 1. If no interregional conflicts exist, the regional water
district shall:
a. consider all comments from the public and the Board,
b. prepare, revise, and adopt the final plan, and
c. submit the adopted plan to the Board for approval and
inclusion in the next decennial update of the Oklahoma
Comprehensive Water Plan .
2. If an interregional conflict exists, the Board shall
facilitate coordination between the involved regional water
districts to resolve the conflict. If conflict remains, the Board
shall act as a mediator between the regional water districts. Upon
resolution of the conflict, the involved regional water districts
shall:
a. prepare revisions to their respective plans, and
b. following publication of notice pursuant to the
Oklahoma Open Meeting Act, hold not less than one
public hearing at some central location within the
respective regional planning areas .
3. Following the resolution of conflicts under paragraph 2 of
this subsection, the regional water districts shall:
a. consider all comments from the public and the Board,
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b. prepare, revise, and adopt the ir respective final
plans, and
c. submit the adopted plan to the Board f or approval and
inclusion in the next decennial update of the Oklahoma
Comprehensive Water Plan .
D. The Board may only approve a regional water plan after it
has determined that all interregional conflicts involving that
regional water district have been resolved.
E. A regional water district shall submit their adopted
regional water plan to the Board not later than one (1) year prior
to the upcoming decennial update of the Oklahoma Comprehensive Water
Plan pursuant to Section 1086.2 of Title 82 of the Ok lahoma
Statutes. Subsequent regional water plans shall be submitted every
nine (9) years thereafter and shall follow the public participation
requirements prescribed in this section.
F. The Oklahoma Water Resources Board shall take all necessary
action to qualify for federal assistance in financing the
development and improvement of regional water districts.
G. 1. The Board may enter into contracts with political
subdivisions to fund all or part of the cost of developing or
revising a regional water pla n as provided for in this act.
2. A political subdivision may submit, either individually or
jointly with other political subdivisions, a written application to
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the Board for the purpose of funding regional water planning
research for a regional water dis trict.
3. The application to the Board shall include, but not be
limited to:
a. the name of the political subdivision or subdivisions,
b. the amount requested from the Board for regional water
planning efforts, and
c. any other relevant information requir ed or
specifically requested by the Board .
H. After notice and hearing pursuant to the Oklahoma Open
Meeting Act, the Board may award a political subdivision all or part
of the requested funds that the Board considers necessary for the
political subdivision to facility regional water planning with the
regional water district.
SECTION 4. AMENDATORY 82 O.S. 2021, Section 1086.2, is
amended to read as follows:
Section 1086.2. For the purpose of effectuating the provisions
of this act and the policy established in Section 1086.1 of this
title, the Oklahoma Water Resources Board is hereby authorized,
empowered and directed:
1. To prepare a comprehensive state water plan and decennial
updates thereof for submission to the Legislature a nd, in connection
therewith, to conduct surveys and cooperate with other state and
federal agencies. Such comprehensive state water plan and the parts
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and portions thereof shall be submitted in final and completed form
not later than September 1, 1975, an d, in addition to the foregoing
requirements, shall include a definition of “excess and surplus
water of this state” and a recommended procedure for determining
“excess and surplus water of this state, ” which definition and
procedure are to be developed to insure that the area of origin will
never be made water deficient. Subsequent updates to the Oklahoma
Comprehensive Water Plan on and after November 1, 2025 , shall
account for and include updates from the regional water districts
formed pursuant to the Oklahoma Regional Water District Act .
The Water Resources Board shall permit representatives of the
United States Army Corps of Engineers, the Bureau of Reclamation,
the Soil Conservation Service and other appropriate federal
agencies, as well as representa tives of state agencies involved in
tourism, parks, fish and wildlife, recreat ion, soil conservation,
public health, agriculture, public utilities and industrial
development to participate to the extent of their authority and
capacity in the development of the comprehensive state water plan.
The Water Resources Board shall prepare such plan and updates in
printed form. Upon completion thereof, the plan shall be submitted
to the Oklahoma Legislature not later than September 1, 1975. The
Board is not authorized to implement the plan or any part or update
thereof except by express au thorization and consent of the
Legislature. The first decennial update shall be prepared and
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submitted to the Legislature no later than September 1, 1995.
Thereafter, updates s hall be prepared and likewise submitted no
later than September 1 of the fifth year following the taking of the
Federal Decennial Census.
Work on the first update shall begin with the passage and
approval of this act. After completion of the first update, work on
subsequent updates shall remain continuous and ongoing throughout
the ten-year periods between submission of the updates .;
2. To adopt such rules and regulations as may be necessary to
effectuate the purposes of this act .;
3. To make and enter i nto all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this act .;
4. 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, property, 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 .;
5. 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.; and
6. To cooperate with all state institutions, agencies,
departments, boards and officers in all matters relating to its
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duties; and all state institutions, agencies, departments, boards
and officers are hereby authorized and directed to cooperate with
the Board.
SECTION 5. AMENDATORY Section 1, Chapter 268, O.S.L.
2023 (82 O.S. Supp. 2024, S ection 1086.7), is amended to read as
follows:
Section 1086.7. A. The Oklahoma Flood and Drought Management
Task Force is hereby established and shall be comprised of two
groups, the management group and the advisory group.
B. 1. The management group s hall be comprised of designees
from the following state agencies:
a. the Oklahoma Water Resources Board, which shall serve
as the lead agency,
b. the Oklahoma Department of Emergency Management and
Homeland Security,
c. the Oklahoma Department of Agricultu re, Food, and
Forestry,
d. the State Department of Health,
e. the Department of Environmental Quality,
f. the Oklahoma Conservation Commission,
g. the Department of Wildlife Conservation,
h. the Oklahoma Climatological Survey, and
i. the Oklahoma Military Department.
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2. The advisory group shall be comprised of designees of the
following state associations and entities:
a. Association of County Commissioners of Oklahoma,
b. Oklahoma Rural Water Association, and
c. Oklahoma Municipal League.
The advisory group shall also include the resources of all
remaining state agencies and departments available to provide advice
and assistance to the Oklahoma Flood and Drought Management Task
Force, including the Oklahoma State Regents for Higher Education.
C. The Oklahoma Water Resources Board shall formally coordinate
with the following federal agencies:
1. Federal Emergency Management Agency (FEMA);
2. U.S. Army Corps of Engineers;
3. U.S. Forest Service;
4. The United States Geological Survey;
5. Bureau of Reclamation;
6. Farm Service Agency;
7. National Weather Service;
8. U.S. Fish and Wildlife Service;
9. U.S. Small Business Administration;
10. Bureau of Indian Affairs;
11. U.S. Department of Housing and Urban Development;
12. United States Environmenta l Protection Agency; and
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13. Any other federal agency available to provide ad vice and
assistance.
D. The Oklahoma Flood and Drought Management Task Force shall
have the following duties:
1. Developing and recommending state drought and flood
response, recovery, and mitigation initiatives for conditions
determined to be detrimental to the state economy and public health;
2. Identifying drought and flood management areas in the state;
3. Providing coordination and communication among federal,
state, and local entities, including regional water districts, as
deemed appropriate for drought and flood assistance programs,
education, and information; and
4. Performing such other drought - and flood-related assessments
and response functions as deemed necessary .
E. Beginning in 2025, and every ten (10) years thereafter, in
conjunction with the update of the Oklahoma Comprehensive Water Plan
and State Flood Plan, the Oklahoma Water Resources Board shall
coordinate with the Oklahoma Flood and Drought Management T ask Force
to update the Oklahoma Drought Management Plan.
F. The Oklahoma Wat er Resources Board shall prepare an annual
update of drought and flood conditions within the state and planning
and mitigation activities being conducted by the Task Force and
shall submit such report to the Speaker of the Oklahoma House of
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Representatives and President Pro Tempore of the Oklahoma State
Senate.
SECTION 6. AMENDATORY 82 O.S. 2021, Section 1623, is
amended to read as follows:
Section 1623. A. Contingent on available funding, the Oklahoma
Water Resources Board shall prepare and adopt a comprehensive state
flood plan. The plan shall:
1. Provide for orderly preparation for and response to flood
conditions to protect against the loss of life and property;
2. Be a guide to state and local flood control policy; and
3. Include contributions from and account for development of
regional water districts; and
4. Contribute to water development when possible.
B. The state flood plan shall include :
1. An evaluation of the condition and adequacy of flood control
infrastructure on a watershed basis;
2. A statewide list of ongoing and proposed flood control and
mitigation projects and strategies necessary to protect against the
loss of life and prop erty from flooding and a discussion of how
those projects and strategies might further water development where
applicable;
3. An analysis of completed, ongoing and proposed flood control
projects included in previous state flood plans including which
projects received funding;
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4. An analysis of development in special flood hazard areas, as
defined by the Federal Emergency Management Agency; and
5. Legislative recommendations the Board considers necessary to
facilitate flood control planning and project c onstruction.
C. On adoption of a state flood plan, the Oklahoma Water
Resources Board shall deliver the plan to the Governor, President
Pro Tempore of the Senate and Speaker of the House of
Representatives.
SECTION 7. This act shall becom e effective November 1, 2025.
60-1-604 RD 1/16/2025 11:13:11 AM