STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1605	By:	Fields

AS INTRODUCED

An Act relating to ownership of impounded water; stating impounded water shall be considered private right of landowner; stating exceptions; 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 60.1 of Title 60, unless there is created a duplication in numbering, reads as follows:
Not withstanding the provisions of Section 60 of Title 60 of the Oklahoma Statutes and Section 105.2 of Title 82 of the Oklahoma Statutes, any impounded water originating from any natural source, shall be considered the private property right of the landowner and not subject to eminent domain, provided such impoundment does not impair the water rights or property of an adjacent landowner.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 105.2A of Title 82, unless there is created a duplication in numbering, reads as follows:
Notwithstanding the provisions of Section 60 of Title 60 of the Oklahoma Statutes and Section 105.2 of Title 82 of the Oklahoma Statutes, any impounded water originating from any natural source shall be considered the private property right of the landowner and not subject to eminent domain, provided such impoundment does not impair the water rights or property of an adjacent landowner.
SECTION 3.  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.

53-2-1911	MJM	1/19/2012 11:44:21 AM