SB 259 — Water and water rights; establishing procedures for permitting, monitoring, and reporting of groundwater use. Effective date.

Such steps shall include, but ENGR.

259 Page 43 shallconjunction notwith besuch limitedother toagencies, pursuingboards, voluntary compliance, obtaining the issuance of a cease and desist order by the Executive Director of the Oklahoma Water Resources Board, imposing progressive fines and penalties related to the severity and frequency of waste, requiring more frequent reporting of usage, instituting action in a court of competent jurisdiction to enjoin the waste, pursuing a suspension of any suspending the permit or other administrative remedies by the Board,district, andwith filingwhich a complaint in the districtBoard courtmay ofcontract. the county wherein such violation has occurred, and it shall be the duty of the district attorney of said such county to prosecute such complaint.

Except as otherwise provided by paragraph 7 of subsection A of this section, any employee of the Board having evidence that an act of waste is being committed in his or her presence, or after investigation of a complaint filed by another individual, shall take steps to assure that the waste ceases upon review of reporting, audits of usage, an investigation of a complaint filed by any person, or the Board's own independent determination, the Board shall take action to cease commission of such waste and impose fines and penalties on such user as provided in Section 1020.22 of this title.

Such steps shall include, but shall not be limited to pursuing voluntary compliance, obtaining the issuance of a cease and desist order by the Executive Director of the Oklahoma Water Resources Board, imposing progressive fines and penalties related to the severity and frequency of waste, requiring more frequent reporting of usage, instituting action in a court of competent jurisdiction to enjoin the waste, pursuing a suspension of any suspending the permit or other administrative remedies by the Board, and filing a complaint in the district court of the county wherein such violation has occurred, and it shall be the duty of the district attorney of said such county to prosecute such complaint.

AMENDATORY 82 O.S.

2021, Section 1020.19, is amended to read as follows:

Section 1020.19.

Upon request of a majority of the landowners residing within a basin or subbasin, the Board is authorized to require that water wells be metered and that such meters as the Board shall approve be utilized by the applicant and placed under seal, subject to reading by the agents of the Board at any time.

ENGR.

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259 Page 5 A.

The Oklahoma Water Resources Board may also shall require that the applicant report the reading of such meters at reasonable intervals all water wells requiring a permit to take and use groundwater from the Oklahoma Water Resources Board be equipped at any central point of distribution with water well flow meters or an alternative measuring system as defined by the Board.

The water well flow meter or alternative measuring system shall have contemporary, verifiable records, as defined by the Board.

The meter or alternative measuring system shall remain on the point of distribution and in proper operating condition at all times when groundwater is being produced.

Data from the meter or alternative measuring system shall be reported to the Board annually.

Data from the meter or alternative measuring system shall be utilized for the annual groundwater use report.

The meter and measurement requirements of this section shall be implemented pursuant to the provisions of Section 4 of this act.

B.

Beginning January 1, 2027, a five-year allocation of the maximum annual yield of the basin or subbasin may be approved for a regular permit.

An applicant for a five-year allocation shall be required to submit annual usage as determined by a water well flow meter or highly accurate alternative measuring device approved by the Board and pay the annual permit fee.

If approved by the Board, the applicant may exceed the maximum annual yield in any year of the five-year allocation by an amount as set by the Board, not to exceed ENGR.

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259 Page 6 one hundred fifty percent (150%) of the amount of any single-year maximum of the permit;

provided, the applicant shall adhere to the cumulative permit maximum over the five-year period.

C.

Except as otherwise provided in this act, the Oklahoma Water Resources Board shall promulgate any rules necessary to implement the provisions of this section.

SECTION 4.

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1020.19A of Title 82, unless there is created a duplication in numbering, reads as follows:

A.

The Oklahoma Water Resources Board shall promulgate rules to establish a phase-in schedule and plan for the meter and measurement requirements established in Section 1020.19 of Title 82 of the Oklahoma Statutes to ensure that the requirements are implemented statewide not later than eight (8) years following the effective date of this act.

B.

The Board is authorized to promulgate rules and procedures regarding the spacing of wells within groundwater basins.

The determinations made on the spacing of wells within a basin shall be specific to that basin.

SECTION 5.

ENGR.The Oklahoma Water Resources Board shall promulgate rules and implement policies for the purposes of directing its agents, employees, and systems to:

1.

Accept, audit, and review reporting on a timely basis from permitted groundwater users;

ENR.

259 Page 74 The2. Oklahoma Water Resources Board shall promulgate rules and implement policies for the purposes of directing its agents, employees, and systems to:

1.

Accept, audit, and review reporting on a timely basis from permitted groundwater users;

2.

SECTION 6.4.

AMENDATORY 82 O.S.

2021, Section 1085.2, as last amended by Section 3, Chapter 164, O.S.L.

2023 (82 O.S.

Supp.

2025, Section 1085.2), is amended to read as follows:

Section 1085.2.

In addition to any and all other authority conferred upon it by law, the Oklahoma Water Resources Board shall also have authority:

1.

Generally to do all such things as in its judgment may be necessary, proper, or expedient in the accomplishment of its duties;

2.

To make such contracts and execute such instruments as in the judgment of the Board are necessary or convenient to the exercise of any of the powers conferred upon it by law.

Provided, ENGR.

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259 Page 8 however, no contract shall be made conveying the title or use of any waters of the State of Oklahoma this state to any person, firm, corporation, or other state or subdivision of government, for sale or use in any other state, unless such contract be is specifically authorized by an act of the Oklahoma Legislature and thereafter as approved by it;

3.

To negotiate contracts and other agreements with the federal government to arrange for the development of water resources and for the storage and distribution of water for beneficial purposes;

provided, however, that the Board shall act in such capacity only as an intermediary in assisting others, and under no circumstances shall the Board have any power or authority to build, construct, or finance any waterways, dams, or other such projects for itself, except as may be otherwise specifically provided by the laws of this state;

4.

To develop statewide and local plans to assure the best and most effective use and control of water to meet both the current and long-range needs of the people of Oklahoma this state;

to cooperate in such planning with any public or private agency, entity, or person interested in water, and is directed to prepare such plans for consideration and approval by the Legislature;

and to aid, at all times, counties, incorporated cities and towns, and special purpose districts in the state in promoting and developing flood control and water conservation in the state;

ENGR.

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259 Page 9 5.

To employ and fix the compensation of such officers, agents, attorneys, technical personnel, and employees of the Board as it shall deem necessary to the proper performance of its duties;

6.

To adopt and use an official seal;

7.

To promulgate such rules and make orders as it may deem necessary or convenient to the exercise of any of the powers or the performance of any of the duties conferred or imposed upon it by this or any other law;

8.

To institute and maintain, or to intervene in, any actions or proceedings in or before any court, board, commission, or officer of this or any other state or of the United States to stop or prevent any use, misuse, appropriation, or taking of any of the waters of this state which is in whole or in part in violation of any law, or of any rules, orders, judgments, or decrees of any court, board, commission, or officer of this or any state or of the United States;

and to institute and maintain or intervene in any other action or proceeding where the Board deems it necessary to the proper execution and discharge of any of the powers or duties conferred or imposed upon it by law;

9.

To determine, charge, and receive fees to be collected in advance for the filing and examination of applications for permits to:

a.

construct water use works, b.

appropriate groundwater, ENGR.

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259 Page 10 c.

appropriate stream water, d.

establish vested rights, e.

inspect water use works, f.

file other papers, g.

make copies of documents, h.

make prints of maps and drawings, i.

certify copies of documents, maps, and drawings, j.

file transfers of water rights, k.

gauge wells and ditches, changes in point of diversion, and changes in place of use of water, l.

test wells, and m.

hold hearings, make records, and provide transcripts of hearings.

Such fees shall not be collected from any state agency or state institution;

10.

To negotiate contracts or water compacts with the federal government or any department or bureau thereof, or with any other state for the purpose of obtaining assistance and cooperation in the accomplishment of the purpose of flood control and water conservation and use in the state.

To that end, the Board may match funds with the federal government and with other states upon such terms as shall be agreed upon and approved by the Governor of the state, with the limitation that contracts or water compacts with other states for the division and apportionment of the cost and use ENGR.

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259 Page 11 of the water controlled by interstate projects shall be submitted to and approved by the Legislature of the state and the Governor of the state, and Congress and the President of the United States conformable to the State Oklahoma Constitution and Federal Constitutions the United States Constitution;

11.

To accept gifts and grants of money and property or any interest therein;

12.

To provide funding from federal and state monies for water and wastewater project purposes to eligible entities for preliminary engineering reports and planning and feasibility studies;

13.

To sell or dispose of real or personal property held by the Board when no longer needed in such manner as provided by law;

14.

To make appropriations of water to all special purpose districts;

15.

To execute and deliver, without actual consideration therefor, a written release of any easement or easement deed heretofore given to the Oklahoma Conservation Commission of the State of Oklahoma, the Planning and Resources Board or the Oklahoma Water Resources Board on lands situated in this state, whenever it shall appear to said the Oklahoma Water Resources Board that the need for such easement or easement deed no longer exists;

provided, the owner of the lands affected shall file a written application for such release with the Oklahoma Water Resources Board;

ENGR.

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259 Page 12 16.

To review disputes involving service areas or territories, rates for raw or treated water, and abrogation clauses in contracts among municipalities and rural water districts or not-for-profit rural water corporations;

to recommend mediation and refer parties in appropriate disputes to mediators and provide technical information to such mediators;

and to recommend other means of resolving disputes;

provided, that no party to such dispute may initiate action in any district court regarding the dispute until written notice of the dispute has been filed with the Board;

provided further, that the provisions of this paragraph shall not be construed to diminish any right of access to the court granted to a party by law;

17.

To provide workshop training sessions for board members of rural water districts and not-for-profit rural water corporations throughout the year on a regional basis for the purpose of study and instruction in the areas of financing, law, and the ethics, duties, and responsibilities of such board members.

Such training shall be provided by the Board in conjunction with the Oklahoma Rural Water Association as required by law.

To the extent possible, the Board shall attempt to schedule training workshops in three-hour segments to be held in any public facility at a time convenient to the attendees;

18.

To establish an agency special account through the Office of Management and Enterprise Services and the State Treasurer’s ENGR.

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259 Page 13 Office of the State Treasurer as necessary for the collection and distribution of funds, including funds of sponsors and registration fees related to conferences, meetings, and training sessions;

and 19.

To accredit persons having requisite knowledge in floodplain management and in minimization and prevention of flood hazards and losses;

and 20.

To impose fines and penalties for overuse of water allotments by any permitted well user or any unpermitted well user who is not a domestic user pursuant to this title.

Such fines and penalties shall be progressive in nature related to severity and frequency of overuse or unpermitted use and shall result in suspension of a permit upon findings of willful disregard of requirements by the user or multiple infractions by any permitted user over the entirety of the user’s permits.

SECTION 7.

ENGR.ENR.

259 Page 145 Passed the Senate the 25th14th day of March,May, 2026.

3 Presiding Officer of the Senate 5 Passed the House of Representatives the ____6th day of __________,May, 2026.

8 Presiding Officer of the House of Representatives ENGR.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:

_________________________________ ENR.

259 Page 156