§ 82-875. Rights of public - Fees - Rules and regulations - Permits - Attorney General to enforce compliance - Acquisition for land for park or road purposes.

A.  The district shall not prevent free public use of its lands and lakes for recreation purposes and for hunting and fishing, except at such points where, in the opinion of the Directors, such use would be dangerous or would interfere with the proper conduct of its business, but may in the interest of public health and safety make reasonable regulations governing such use.

B.  All existing public rights-of-way to the areas to be flooded by the impounded waters shall remain open as a way of free public passage to and from the lakes created, and no charge shall ever be made to the public for right to engage in hunting, fishing, boating or swimming in said lakes, and no charges shall ever be made for a permit to operate or use or for the inspection of boats and equipment, except that the Authority may prescribe an annual fee for the issuance or renewal of a permit for a private anchorage, wharf, dock or boathouse.  Such fee shall be used to defray the expenses of operating and equipping the Authority's Lake Patrol.  The public shall have free use of and access to the waters of the lakes for private use, and shall have the right to anchorage, wharf, dock, boatdock, houseboat and landing privileges free of charge when used for private boating, but such anchorage, wharf, dock, boatdock, houseboat and landing privileges shall only be allowed after a permit therefor has been issued. Provided that no permit for any anchorage, wharf, dock, boatdock, houseboat and landing privileges shall be issued which would deprive the owner of land adjacent to the shoreland or lake front or abutting thereon of any anchorage, wharf, dock, boatdock, houseboat and landing privileges.  The district may designate areas closed to such use, where in its opinion such use would interfere with the health or safety of the public, or with the proper conduct of the business of the district. The district shall prescribe suitable rules for the use of firearms on its lands and lakes and suitable rules and regulations and rules of travel, in the interest of public safety, for the use of the waters of the lakes. The rules and regulations and the rules of travel of boats used on or plying the waters of the lakes shall be in keeping with the rules and regulations of the United States Bureau of Navigation for inland waters.

C.  The district shall prescribe, in the interest of public safety, suitable rules and regulations governing the keeping for hire or operations of a boat or boats, surfboards, aquaplanes, sea-skis or similar devices for pecuniary profit or gain on the waters of the lakes.  The keeping for hire or operation of a boat or boats, surfboards, aquaplanes, sea-skis or similar devices, for pecuniary profit or gain, on the waters of the lake, shall only be allowed after a permit therefor has been issued by the district. Applications for such permits are to be in writing, upon a form prescribed and furnished by the district, and containing such information as is required by the district.  For the issuance of such a permit the district shall charge a fee in an amount as specified by the district, and shall have the power to prescribe the size and type of boat or boats allowed to operate under such permit and the equipment necessary to such operation.  A permit shall be procured for the construction of wharves, docks, landings and anchorages when constructed for commercial or rental purposes.  For the issuance of such a permit the district shall charge a fee in an amount as specified by the district.  The district shall prescribe the type, style and location and equipment of wharves, docks, anchorages and landings from which such boats operate and their rules of travel.  Issuance of permits is to be deferred and withheld unless and until the applicant therefor has paid the permit fee and procured and deposited with the district a good and sufficient bond, either in cash, or by a surety company licensed to do business in this state, or public liability and property damage insurance, written by a company licensed to do business in Oklahoma, in an amount and in such form as the district shall specify, so as to assure compensation for injuries to or death of persons, and loss or damage to property for which the holder of such permit may be legally liable.  Upon it being called to the attention of the Attorney General of Oklahoma by any citizen of Oklahoma that this section has not been complied with, it shall be the duty of the Attorney General of Oklahoma to institute the proper legal proceedings to require said district, or its successor, to comply with the provisions of this section.

D.  The district may acquire, by purchase, condemnation, or otherwise, lands suitable for park purposes or roadways along the shores of said lakes.  After acquiring such lands the Grand River Dam Authority may, but shall not be required to, assign or lease the same to the State of Oklahoma for park or road purposes and if such assignment is made the same shall be under the supervision and control of the Oklahoma Tourism and Recreation Commission or the Oklahoma Wildlife Commission, which shall keep said lands so assigned open to the public without charge so that the public in general may have access to the lakes.

Laws 1935, p. 357, § 15; Laws 1941, p. 471, § 1; Laws 1970, c. 263, § 4, emerg. eff. April 23, 1970; Laws 1981, c. 204, § 18, emerg. eff. May 26, 1981.