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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 82. WATERS AND WATER RIGHTS

  § 82-1268. Interlocal agreements.  

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  • A.  Two or more counties, by interlocal agreement made pursuant to the provisions of the Interlocal Cooperation Act and in accordance with the provisions of Sections 1266 through 1288 of this title, may establish a regional water district to carry out activities and projects authorized by this act.  The agreement under which the district is formed shall provide for the establishment of a board of directors to govern the affairs of the district.  Each public agency which is a member of the district shall have one member on said board appointed by the board of county commissioners of the county where the public agency has its principal office.  Each member appointed shall be a member of the governing body of the participating public agency.  Said agreement shall further provide for staggered terms for board members not to exceed three (3) years.

    B.  In addition to the requirements of subsection (c) of Section 1004 of Title 74 of the Oklahoma Statutes, an interlocal agreement establishing a regional water district shall also contain the following:

    1.  An accurate description of the territory which it is proposed shall be embraced within the district, and a map of such territory shall be attached to the agreement as an exhibit thereto;

    2.  A brief and concise statement describing the purpose of the district and its proposed activities or projects, in general terms;

    3.  A brief and concise statement showing the necessity for forming and operating the proposed district, describing the benefits to be received therefrom by the persons and public agencies in the territory proposed to be embraced in the district;

    4.  The proposed name for the district;

    5.  The proposed location of the principal office of the district;

    6.  Such other and additional information as may be appropriate and useful in the agreement;

    7.  A statement by the State Board with the results of its review as to the following:

    a.the availability and dependability of water rights and the quantity of water available to undertake the activities and to provide the benefits described in paragraph 3 of subsection B of this section; and

    b.the absence of conflict of the proposed district and its activities with the comprehensive water plan of the state;

    8.  A statement by the Department of Environmental Quality with the results of its review as to the quality of water, in accordance with safe drinking water standards, which is proposed to be used by the district to undertake the activities and to provide the benefits described in paragraph 3 of subsection B of this section;

    9.  The terms and conditions of eligibility for initial membership in the district, for new members seeking to join the district, and for withdrawal by a signatory public agency from the district; and

    10.  A statement providing that water rights cannot be acquired by eminent domain.

    C.  The interlocal agreement after being executed by appropriate resolution of the governing bodies of the member public agencies, and the materials required by subsection B of this section, shall be submitted to the Attorney General as required by the Interlocal Cooperation Act.  Approval of the agreement shall also constitute certification by the State of Oklahoma of the district as a regional water district.

Added by Laws 1972, c. 249, § 3.  Amended by Laws 1985, c. 353, § 3, emerg. eff. July 30, 1985; Laws 1993, c. 145, § 356, eff. July 1, 1993.