STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2552	By:	Proctor

AS INTRODUCED

An Act relating to waters and water rights; stating purpose of certain provisions; prohibiting certain contracts for or the sale or exportation of water outside of the state without certain approval; requiring a legislative referendum; providing for the ordering and filing of the legislative referendum; stipulating effective date of a contract or sale upon approval of the legislative referendum; limiting effect of provisions on certain contracts and certain water; providing for codification; and declaring an emergency.

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 1E of Title 82, unless there is created a duplication in numbering, reads as follows:
A.  The purpose of the provisions of this section shall be to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within Oklahoma.
B.  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:
1.  Consent of the Oklahoma Legislature specifically authorizing the sale or export of water; and 
2.  Approval of the people of the state through a vote on a legislative referendum on the question.
C.  Legislative approval of the sale or export of water as required in subsection B of this section shall be in the form of legislation ordering a legislative referendum.  The legislative referendum shall, pursuant to Section 3 of Article V of the Oklahoma Constitution, be ordered and shall be filed with the Secretary of State and addressed to the Governor of the state, who shall submit the same to the people for their approval or rejection at the next general or special election.  If the measure which is referred to the people pursuant to this section is approved by a majority of the votes cast, the measure shall take effect and be in force, at which point the contract for or the sale or exportation of surface water or groundwater outside the state shall become effective.
D.  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 the 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.  It being immediately necessary for the preservation of the public peace, health and 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 and approval.

53-2-8052	KB	01/09/12