STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 55	By:	Ellis

AS INTRODUCED

An Act relating to waters and water rights; amending Section 1, Chapter 485, O.S.L. 2002, as amended by Section 1, Chapter 392, O.S.L. 2004 (82 O.S. Supp. 2008, Section 1B), which relates to moratorium on sale or exportation of water; extending time period for certain moratorium; and amending Section 3, Chapter 485, O.S.L. 2002, as amended by Section 2, Chapter 392, O.S.L. 2004 (74 O.S. Supp. 2008, Section 1221A), which relates to moratorium on certain compact agreements; extending time period for certain moratorium; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 485, O.S.L. 2002, as amended by Section 1, Chapter 392, O.S.L. 2004 (82 O.S. Supp. 2008, Section 1B), is amended to read as follows:
Section 1B.  A.  In order to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within Oklahoma, the Legislature hereby establishes a moratorium on the sale or exportation of surface water and/or groundwater outside this state pursuant to the provisions of this section.  Unless otherwise repealed or revoked by the Oklahoma Legislature, the moratorium shall be in effect for a five-year period beginning on the effective date of this act until January 1, 2012, or until such time as the State of Oklahoma conducts and completes a comprehensive scientific hydrological study of the water resources of this state.
B.  Subject to the moratorium set by subsection A of this section, 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 consent of the Oklahoma Legislature specifically authorizing such sale or export of water.
C.  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 November 1, 2004, which has received legislative approval or was executed pursuant to law, provided such 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.     AMENDATORY     Section 3, Chapter 485, O.S.L. 2002, as amended by Section 2, Chapter 392, O.S.L. 2004 (74 O.S. Supp. 2008, Section 1221A), is amended to read as follows:
Section 1221A.  In order to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within this state, the Legislature hereby establishes a moratorium on any state or tribal compact or any intergovernmental cooperative agreement, authorized pursuant to law, which is drafted in whole or in part to apportion surface water or groundwater ownership, or authorize or otherwise implement any sale or exportation of surface water or groundwater outside this state, except as authorized by the provisions of this act.  Unless earlier repealed or revoked by the Legislature, the moratorium shall be in effect for a five-year period beginning on the effective date of this act until January 1, 2012, or until such time as the State of Oklahoma conducts and completes a comprehensive scientific hydrological study of the water resources of this state.
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.

52-1-1087	MJM	12/18/2008 1:52:10 PM