STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2848	By:	McCall

AS INTRODUCED

An Act relating to waters and water rights; amending 82 O.S. 2011, Section 561, which relates to the appointment of directors of conservancy districts; clarifying statutory language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     82 O.S. 2011, Section 561, is amended to read as follows:
Section 561.  Within thirty (30) days after entering the decree incorporating said district, the judge having jurisdiction shall call an election of a temporary board of directors, and cause notice thereof to be given by publication thereof in each county in which lands of the district are situated, the last insertion to be not less than thirty (30) nor more than sixty (60) days before the date of such meeting, calling a meeting of all of the owners of land within the district at a day and hour specified, at some place in the judicial district in which the district was organized, for the purpose of electing a temporary board of three (3) directors who shall be residents within a county in which the district is located and shall be owners of land within the district; provided, that not.  Not more than one director shall be chosen from any one county affected by the district, if there are more than two counties affected by the district.  The district judge shall conduct the election and at such election each and every owner of any land within the district shall be entitled to one vote for each director, in person or by proxy in writing, duly signed and verified by affidavit.  The owners of land voting in such election, either in person or by proxy, shall constitute a quorum for the purpose of holding such election.  The directors elected shall serve until the first permanent board of directors is elected, as hereinafter provided.
Within twenty (20) days after the confirmation of appraisements of benefits for said district, the court clerk of the district court in which the petition has been filed, or to which it has been assigned, shall give notice, as heretofore provided, calling a meeting of the owners of all the lands on which appraised benefits have been confirmed situated in said district, at a day and hour specified at some public place in the judicial district in which the district was organized, for the purpose of electing a permanent board of three (3) directors who shall be residents within a county in which the district is located and shall be owners of land on which appraised benefits have been confirmed.  The president of the temporary board of directors shall, in open court and under the supervision of the district judge, conduct the election, and at such election each and every owner of any lands on which appraised benefits have been confirmed shall be entitled to one vote for each director, in person or by proxy in writing duly signed and verified by affidavit.  Said election shall be for terms of one (1), two (2) and three (3) years, and thereafter the terms of directors shall be three (3) years from the date of said election and they shall serve until their successors shall have been elected and qualified as hereinbefore provided.
Each year the court clerk of the district court shall give notice, as heretofore provided, for the yearly election of the director whose term expires.  The director with the longest term left shall, in open court and under the supervision of the district judge, conduct the election.
The Oklahoma Water Resources Board at any election or meeting may represent the State of Oklahoma and shall have the right to vote for directors or in any matter that shall come up properly before any election or meeting to the extent of the assessment against land owned by the state in such district, which vote may be cast by any person designated by said Oklahoma Water Resources Board; guardians may represent their wards, executors and administrators may represent estates of deceased persons, and private corporations may be represented by their officers or duly-authorized agents; and any city, county or municipality may be represented by its officers or agents duly authorized.
The owners of land on which appraised benefits have been confirmed, voting in the election of a permanent board of directors, either in person or by proxy, shall constitute a quorum for the purpose of holding such election or any election thereafter.  The persons receiving a majority of the votes cast in any election shall be elected, and the district judge under whose supervision the election is held shall make and enter an order setting forth the results of said election, naming the elected directors and specifying their respective terms.
Any director appointed or elected may be removed by the district judge having jurisdiction of the conservancy district, for dishonesty, incompetency or failure to perform the duties imposed upon him by this chapter, and any vacancies which may occur in any office shall be filled by appointment by the district judge having jurisdiction of the district for the unexpired term of said director, such appointee to be qualified as herein set forth.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-8613	KB	01/07/14