Bill Number: OK51RSB  630                           Date: 02-20-2007

        SENATE FLOOR VERSION

        

                                  THE STATE SENATE

  1                             Tuesday, February 20, 2007
 
  2                                 Senate Bill No. 630
 
  3                                     As Amended
 
  4           SB 630
 
  5           SENATE BILL NO. 630 - By: GUMM and EASLEY of the Senate and
 
  6     LIEBMANN of the House.
 
  7           [ waters and water rights - Joint Committee on Water Planning
 
  8     -            emergency ]
 
  9     BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
 
 10           SECTION 1.     AMENDATORY     Section 4, Chapter 485, O.S.L.
 
 11     2002 (82 O.S. Supp. 2006, Section 1C), is amended to read as
 
 12     follows:
 
 13           Section 1C.  A.  There is hereby created the Joint Committee
 
 14     on Water Planning.
 
 15           B.  The purpose of the Committee shall be to study,
 
 16     investigate, examine and analyze issues relating to a comprehensive
 
 17     statewide water study and plan, and to consider and make
 
 18     recommendations to the Legislature regarding:
 
 19           1.  Principles in developing a public policy for protection,
 
 20     management, conservation, development and utilization of water
 
 21     resources of this state;
 
 22           2.  The existing conditions concerning waters of the state and
 
 23     its uses for all purposes within the State of Oklahoma;
 
 24           3.  The infrastructure needs of Oklahomas communities;
 


                                         1

1 4. The long-term sustainability of Oklahomas water supply; 2 5. The methods for developing, managing, protecting and 3 conserving water resources of the state but which allow for economic 4 growth and development; 5 6. Review beneficial uses of water which reflect the public 6 interest of the entire state while protecting the property rights of 7 Oklahoma citizens. When reviewing beneficial uses of water, due 8 consideration shall be given to alternatives which allow maximum 9 sustainable growth in Oklahoma while protecting all designated 10 beneficial uses of water, promoting conservation and prudent use, 11 prioritizing public health and welfare considerations, protecting 12 the rights of citizens and the water rights of Oklahoma citizens, in 13 particular the water rights of the citizens in the basins of origin, 14 protecting natural ecosystems, and encouraging methods for voluntary 15 redistribution of excess or surplus water to Oklahoma regions and 16 citizens with inadequate supplies; 17 7. The state and federal statutory and case law which may 18 impact the development, management, conservation and use of Oklahoma 19 water; 20 8. Regional or statewide systems for the orderly development, 21 management, conservation and use of water resources of the entire 22 state. For this purpose, the Committee shall recommend either the 23 creation of regional plans or a statewide plan; 24 9. Various water management strategies including: improved 25 conservation, reuse and management of existing water supplies, 26 acquisition of available existing water supplies, development of new 27 water supplies, and preparation for and response to drought 2

1 conditions in order that sufficient water at the highest quality 2 possible will be available at a reasonable cost to Oklahoma 3 residents to ensure public health, safety and welfare, further 4 economic development and to protect the agricultural, recreational 5 and natural resources; 6 10. Cooperative arrangements with other states; 7 11. The definition of excess and surplus water of this 8 state including water quality and water quantity. In determining 9 the definition of excess and surplus water of the state, the 10 Committee shall be guided by the principles and policies regarding 11 the waters of this state enumerated in the Oklahoma Statutes 12 including, but not limited to, Section 1084.1 of [Title 82 of the 13 Oklahoma Statutes] this title; 14 12. The process for determining excess and surplus water; 15 13. The out-of-basin and out-of-state water sales and/or 16 transfers; 17 14. Potential local, state, and federal funding sources for 18 development of a comprehensive statewide water study and plan; 19 15. The advice of representatives of the United States Army 20 Corps of Engineers, the Bureau of Reclamation, the Natural Resources 21 Conservation Service, United States Geological Survey, United States 22 Fish and Wildlife Service, and other appropriate federal agencies, 23 as well as representatives of state agencies involved in tourism, 24 environmental quality, parks, fish and wildlife, recreation, 25 conservation, public health, agriculture, public utilities and 26 industrial development; 27 16. The review of water usage in this state; 3

1 17. Uniform data regarding the collection, analysis, 2 interpretation and use of information on water quality and water 3 quantity data; and 4 18. Such other areas concerning state water resources as 5 deemed necessary by the Committee. 6 C. The Committee shall be composed of [nineteen (19) 7 legislative members as follows: seven members of the Oklahoma House 8 of Representatives shall be appointed by the Speaker of the House of 9 Representatives, seven members of the Oklahoma Senate shall be 10 appointed by the President Pro Tempore of the Senate, and five 11 legislative members appointed by the Governor] the members of the 12 Oklahoma State Senate Energy and Environment Committee and the House 13 of Representatives Energy and Technology Committee and the Governor, 14 or designee. 15 D. [Members shall be appointed after the 1st day of the 1st 16 Session of the 49th Oklahoma Legislature and no later than the last 17 day of February 2003. The Speaker of the House of Representatives 18 and the President Pro Tempore of the Senate shall each designate a 19 legislative member to serve as cochair of the Committee]. The 20 cochairs of the Committee shall be the cochairs of the Senate and 21 House Committees and they shall convene a meeting of the Committee 22 within thirty (30) days of the effective date of [the appointments 23 ]this act. The membership of the Committee shall determine a 24 meeting schedule by majority approval of the Committee. A majority 25 of the members present at a meeting shall constitute a quorum. All 26 meetings of the Committee shall be open to the public and shall be 27 held in accordance with the Oklahoma Open Meeting Act. 4

1 E. The Committee shall be staffed by the staff of the 2 Oklahoma House of Representatives and the Oklahoma State Senate and 3 by any other state agency staff as deemed necessary by the 4 Committee. 5 F. The work of the Committee shall be finalized no later than 6 January 15, [2005] 2009, and any written recommendations of the 7 Committee shall be made available to the public and delivered to 8 each member of the Oklahoma Legislature by February 1, [2005] 9 2009. 10 G. The cochairs of the Committee may appoint subcommittees as 11 deemed necessary from the members of the Committee for the purpose 12 of carrying out its duties pursuant to the provisions of this 13 section. 14 H. Legislative members of the Committee shall receive 15 reimbursement from the house in which they serve pursuant to Section 16 456 of Title 74 of the Oklahoma Statutes. 17 SECTION 2. It being immediately necessary for the 18 preservation of the public peace, health and safety, an emergency is 19 hereby declared to exist, by reason whereof this act shall take 20 effect and be in full force from and after its passage and approval. 21 COMMITTEE REPORT BY: COMMITTEE ON ENERGY & ENVIRONMENT, dated 22 2-15-07 - DO PASS, As Amended and Coauthored. 23 Req. No. \*Req. No.*\Page 6 24 SB630 SFLR1State Senate 25 (Bold face denotes Committee Amendments) 5