STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 227	By:	Fields

AS INTRODUCED

An Act relating to waters and water rights; amending 82 O.S. 2011, Sections 1020.9A and 1020.9B, which relate to moratoriums on the use of groundwater from certain sole source basins; clarifying statutory language; updating certain references; extending application area covered by moratorium; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     82 O.S. 2011, Section 1020.9A, is amended to read as follows:
Section 1020.9A.  A.  The Legislature finds that a moratorium is necessary on the issuance of certain temporary permits on certain sensitive sole source groundwater basins or subbasins to protect the health, safety and welfare of the people of Oklahoma.
B.  1.  A moratorium is hereby established on the issuance of any temporary permit that would lead to any municipal or public water supply use of groundwater from a sensitive sole source groundwater basin or subbasin outside of any county that overlays in whole or in part said basin or subbasin.  "Sensitive sole source groundwater basin" means a major groundwater basin or subbasin all or a portion of which has been designated as a "Sole Source Aquifer" by the United States Environmental Protection Agency pursuant to the Safe Drinking Water Act as of the effective date of this act August 29, 2003, including any portion of any contiguous aquifer located within five (5) six (6) miles of the known areal extent of the surface out-crop of the sensitive sole source groundwater basin.
2.  Said The moratorium shall be in effect until such time as the Oklahoma Water Resources Board conducts and completes a hydrological study and approves a maximum annual yield that will ensure that any permit for the removal of water from a sensitive sole source groundwater basin or subbasin will not reduce the natural flow of water from springs or streams emanating from said basin or subbasin.
3.  The provisions of this act Section 1020.9A et seq. of this title shall be applicable to groundwater permit applications for which no final adjudication has been made by the Oklahoma Water Resources Board before the effective date of this act August 29, 2003.
4.  Any revalidation of a temporary permit, in effect upon the effective date of this act on August 29, 2003, that allows for any municipal or public water supply use of groundwater from a sensitive sole source groundwater basin outside of any county that overlays in whole or in part said basin shall be considered a new permit application and subject to the provisions of this act.
SECTION 2.     AMENDATORY     82 O.S. 2011, Section 1020.9B, is amended to read as follows:
Section 1020.9B.  A.  A moratorium is hereby established, as of August 29, 2003, on any municipality or other political subdivision of this state prohibiting any such entity from entering into a contract or other agreement which would lead to municipal or public water supply use of groundwater from a sensitive sole source groundwater basin as defined in Section 1 of this act Section 1020.9A of this title.  Said The moratorium shall apply only to municipalities or political subdivisions which are located outside of any county that overlays in whole or in part said basin or subbasin.
B.  Said The moratorium shall be in effect until such time as the Oklahoma Water Resources Board conducts and completes a hydrological study and approves a maximum annual yield that will ensure that any permit for the removal of water from a sensitive sole source groundwater basin will not reduce the natural flow of water from springs or streams emanating from said basin or subbasin.
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.

54-1-140	MJM	1/10/2013 10:17:01 AM