Oklahoma § 82-1268 - Interlocal agreements

§ 82-1268. Interlocal agreements

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

Oklahoma Statutes - Title 82. Waters and Water Rights

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.