ENGROSSED HOUSE
BILL NO. 2924	By:	Armes of the House

			   and

		Marlatt of the Senate

( cities and towns - amending 11 O.S., Section 37-117 - lands and water - 		effective date )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2011, Section 37-117, is amended to read as follows:
Section 37-117.  A.  Any municipality owning and operating or proposing to own and operate a system of waterworks to supply the municipality, and the inhabitants thereof with water may provide for its contemplated future water and waterworks requirements, in advance of its immediate needs.  For that purpose the governing body may acquire lands and water both within and without the corporate limits of the municipality and within the State of Oklahoma.  Such municipalities are vested with the power of eminent domain for that purpose, such power to be exercised in the manner provided by law for the condemnation of lands by municipalities for waterworks purposes. 
B.  Because water is a renewable resource and the need and quantity of need for water as well as the value of water fluctuates over time, any acquisition of water rights by eminent domain shall be limited to a ten-year term.
C.  To the extent the condemnation of surface rights in relation to the acquisition of water rights are necessary, the taking of surface rights shall consist only of an easement for access, wellsites, pipelines and other appurtenances necessary for the acquisition of water.  It shall be no defense against the exercise of such power or eminent domain that the municipality is selling and furnishing water to other municipalities or to persons, firms or corporations without the corporate limits of the municipality.
D.  If at the end of a term or if the municipality determines the acquired water rights are no longer required, the municipality shall remove any appurtenances above or below the condemned property within two (2) years from the end of the term.
SECTION 2.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 13th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate