STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1936	By:	Kouplen

AS INTRODUCED

An Act relating to waters and water rights; amending Section 1, Chapter 485, O.S.L. 2002, as amended by Section 1, Chapter 392, O.S.L. 2004 (82 O.S. Supp. 2010, Section 1B), which relates to surface water and groundwater; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 485, O.S.L. 2002, as amended by Section 1, Chapter 392, O.S.L. 2004 (82 O.S. Supp. 2010, Section 1B), is amended to read as follows:
Section 1B.  A.  In order to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within Oklahoma the state, the Legislature hereby establishes a moratorium on the sale or exportation of surface water and/or groundwater outside this state pursuant to the provisions of this section.  Unless otherwise repealed or revoked by the Oklahoma Legislature, the moratorium shall be in effect for a five-year period beginning on the effective date of this act or until such time as the State of Oklahoma conducts and completes a comprehensive scientific hydrological study of the water resources of this state.
B.  Subject to the moratorium set by subsection A of this section, no state agency, authority, board, commission, committee, department, trust or other instrumentality of this state or political subdivision thereof, nor elected or appointed officer, member of any governing body or other person designated to act for an agency or on behalf of the state, or a political subdivision thereof shall contract for the sale or exportation of surface water or groundwater outside the state, or sell or export surface water or groundwater outside the state without the consent of the Oklahoma Legislature specifically authorizing such sale or export of water.
C.  Nothing in this section shall be construed as affecting or intending to affect:
1.  Any contract for the sale or exportation of surface water or groundwater outside the state executed prior to the effective date of this act which has received legislative approval or was executed pursuant to law, provided such sale or exportation of surface water or groundwater does not exceed eight million (8,000,000) gallons of water per month; or
2.  Water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5286	KB	01/16/11