Oklahoma § 82-568 - Protection, reclamation or irrigation of lands - Petition

§ 82-568. Protection, reclamation or irrigation of lands - Petition

and notice of action.

A. In order to effect the protection, reclamation or irrigation

of the land and other property in the district, the board of

directors is authorized and empowered to:

1. Clean out, straighten, widen, alter, deepen or change the

course or terminus of any ditch, drain, sewer, river, water course,

pond, lake, creek or natural stream in or out of the district;

Oklahoma Statutes - Title 82. Waters and Water Rights

2. Fill up any abandoned or altered ditch, drain, sewer, river,

watercourse, pond, lake, creek or natural stream;

3. Concentrate, divert or divide the flow of water in or out of

the district;

4. Construct and maintain main and lateral ditches, sewers,

canals, levees, dikes, dams, retardation dams, irrigation dams,

sluices, revetments, reservoirs, holding basins, floodways, pumping

stations and siphons and any other works and improvements deemed

necessary to construct, preserve, operate or maintain the works in

or out of the district;

5. Construct or enlarge or cause to be constructed or enlarged

any and all bridges that may be needed in or out of the district;

6. Construct or elevate roadways and streets;

7. Construct any and all works and improvements across, through

or over any public highway, canal, railroad right-of-way, track,

grade, fill or cut, in or out of the district;

8. Remove or change the location of any fence, building,

railroad, canal or other improvements in or out of the district; and

9. Hold, encumber, control, acquire by donation, purchase or

condemnation, construct, own, lease, use and sell real and personal

property, and acquire, construct, own, lease, use or sell any

easement, riparian right, railroad right-of-way, canal, cemetery,

sluice, reservoir, holding basin, mill dam, water power, wharf,

holding basin or franchise in or out of the district for right-ofway, or for any necessary purpose, or acquire, own, lease, use and

sell any real estate for material to be used in constructing and

maintaining said works and improvement, replat or subdivide land,

open new roads, streets and alleys, or change the course of any

existing one.

B. All engineering, planning, design and execution, the

operations of the district, and the construction, operation, and

maintenance of infrastructure to serve the purpose for which the

district was established, or to serve any purposes as may have been

amended from time to time as provided for in this act, may be

implemented at the discretion of the board of directors under the

administration of the district manager. Except for engineering,

operations, and the construction, operation and maintenance of

infrastructure to implement its approved purposes, the board of

directors shall not exercise any of the powers specified in this

section without first filing in the court having jurisdiction a full

and complete petition stating in detail the acts intended to be

done. Upon the filing of the petition, a notice shall be published

in the county or counties in the district, as hereinbefore provided,

setting forth the nature of the relief prayed for, which notice

shall be published for not less than thirty (30) days, and shall

specify a date on which the petition will be heard by the court. In

the event a protest is filed, the court shall hear all parties

Oklahoma Statutes - Title 82. Waters and Water Rights

interested and make its decree. The court shall base its decision

on the petition, granting the relief sought in whole or in part, or

denying the relief prayed for, upon whether the proposed action of

the district lies within the scope of its authority pursuant to this

act and the agreements and decrees establishing the district and

governing its operation. The decree may be appealed to the Supreme

Court of the State of Oklahoma, as is provided in the statutes

relating to civil procedure.

Added by Laws 1923-24, c. 139, p. 170, § 16. Amended by Laws 1927,

c. 70, p. 95, § 8; Laws 2010, c. 175, § 2, emerg. eff. April 26,

2010.