Bill Number: OK51RHB 1507 Filed: 01-19-2007
Author: Derby
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1507 By: Derby
3 AS INTRODUCED
4 An Act relating to waters and water rights; amending
5 82 O.S. 2001, Section 1020.2, which relates to
6 groundwater policy; granting the Department of Mines
7 exclusive jurisdiction over groundwater and surface
8 water in producing mines; amending 45 O.S. 2001,
9 Section 732, which relates to the duties and powers
10 of the Department of Mines; making certain duties and
11 power exclusive; expanding duties and power to
12 include regulation of surface mining in sole source
13 groundwater basins; specifying duties and powers; and
14 declaring an emergency.
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. AMENDATORY 82 O.S. 2001, Section 1020.2, is
17 amended to read as follows:
18 Section 1020.2 It is hereby declared to be the public policy
19 of this state, in the interest of the agricultural stability,
20 domestic, municipal, industrial and other beneficial uses, general
21 economy, health and welfare of the state and its citizens, to
22 utilize the groundwater resources of the state, and for that purpose
23 to provide reasonable regulations for the allocation for reasonable
24 use based on hydrologic surveys of fresh groundwater basins or
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1 subbasins to determine a restriction on the production, based upon
2 the acres overlying the groundwater basin or subbasin. The
3 provisions of this act shall not apply to the taking, using or
4 disposal of salt water associated with the exploration, production
5 or recovery of oil and gas or to the taking, using or disposal of
6 water trapped in producing mines. The Department of Mines shall
7 have exclusive jurisdiction over the taking, using, disposal,
8 disposition, and protection of both groundwater and surface water
9 encountered in producing mines.
10 SECTION 2. AMENDATORY 45 O.S. 2001, Section 732, is
11 amended to read as follows:
12 Section 732. In addition to the duties and powers conferred
13 on the Department in other provisions of this act, the Department
14 shall have exclusive jurisdiction, authority and power to:
15 [(a)] 1. Adopt and promulgate reasonable rules [and
16 regulations] respecting the administration of this act [and], in
17 conformity [therewith] with the act and the Administrative
18 Procedures Act[.];
19 [(b)] 2. Order, after hearing, the revocation of any permit
20 issued hereunder for violation of this act[.];
21 [(c)] 3. Cause to be instituted, in any court of competent
22 jurisdiction, legal proceedings for injunctive or other appropriate
23 relief to enforce this act[.];
24 [(d)] 4. Make investigations and inspections which are
25 necessary or appropriate to insure compliance with this act[.];
26 [(e)] 5. Collect and disseminate information relating to
27 reclamation of affected lands[.];
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1 [(f)] 6. Request the assistance of any federal or state
2 agency for technical advice or any other type of assistance deemed
3 necessary to carry out the purposes of this act; and
4 7. Regulate surface mining activities in sole source
5 groundwater basins or subbasins to:
6 a. ensure the proper drilling and adequate plugging of
7 exploration borings relating to surface mining activities,
8 b. protect the groundwater basin or subbasin from
9 pollution by deleterious substances,
10 c. allow the use of both groundwater and surface water
11 encountered in surface mining activities for mining, processing, and
12 related dust-suppression activities,
13 d. prohibit, except in cases of emergency, the
14 discharge of groundwater encountered in surface mining activities
15 into streams or creeks, and
16 e. impose a moratorium on the sale of groundwater
17 encountered in surface mining activities in a sole source
18 groundwater basin or subbasin outside of any county that overlays in
19 whole or in part the basin or subbasin, until such time as the
20 Oklahoma Water Resources Board completes a hydrological study and
21 approves a maximum annual yield for the basin or subbasin.
22 SECTION 3. It being immediately necessary for the
23 preservation of the public peace, health and safety, an emergency is
24 hereby declared to exist, by reason whereof this act shall take
25 effect and be in full force from and after its passage and approval.
26 51-1-5329 KB 01/07/07
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1 Req. No. 5329
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