Okla. Stat. tit. 82 § 1020.9C

Current through Laws 2024, c. 453.

Section 1020.9C - Moratorium on actions related to operation of mines that may affect sensitive sole source groundwater basin or subbasins

A. For the purposes of this section, a "subject mine" shall mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, that overlies a sensitive sole source groundwater basin or subbasin, exclusive of any mine that meets at least one of the following conditions:

1. As of November 1, 2019, was engaged in the permitted extraction of minerals from natural deposits; or

2. Satisfies the criteria of paragraph 1 or 2 of subsection C of Section 1020.2 of Title 82 of the Oklahoma Statutes; or

3. Is not to be permitted to operate for a period of more than five (5) years, with no extensions or renewals; or

4. The operation of which will not result in more than five (5) acre-feet per year of groundwater emanating from a sensitive sole source groundwater basin or subbasin to infiltrate its pit, as that term is defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes.

B. Due to the inadequacy of existing technical resources, analytic tools and regulatory systems for purposes of the effective implementation of statutes relating to the operation of mines that may affect sensitive sole source groundwater basins or subbasins, the Legislature hereby declares and establishes a moratorium on the following actions:

1. The Oklahoma Water Resources Board shall not issue any permit or other administrative authorization for the appropriation, diversion, withdrawal or removal of water from or for the dewatering, in part or in full, of a pit, as defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes, of a subject mine; and

2. The Board shall not issue, allocate or recognize, pursuant to subsection D of Section 1020.2 of Title 82 of the Oklahoma Statutes, Section 785:30-15-5 of the Oklahoma Administrative Code or any other provision of law, any offset to the consumptive use of water of a subject mine where such offset is based on a claimed augmentation of stream flow or groundwater.

C. The moratorium shall be in effect until such time as the Board, working in coordination with the Department of Environmental Quality, the Department of Mines, and East Central University and in cooperation with federal and tribal governmental agencies with interests in a subject mine that overlies a sensitive sole source groundwater basin or subbasin:

1. Completes the Enhanced Monitoring and Evaluation of Hydrologic Trends for the Eastern Arbuckle-Simpson Aquifer, South-Central Oklahoma and, based thereon, develops modeling and other technical tools capable of accurately measuring and projecting, as a matter both of incremental and cumulative effect, whether a proposed withdrawal of groundwater from a sensitive sole source groundwater basin or subbasin would degrade or interfere with springs and streams emanating therefrom;

2. Promulgates final rules to integrate the use of such studies and tools to administrative implementation of:

a. waste, degradation and interference analyses required by subparagraphs c and d of paragraph 1 and subparagraphs c and d of paragraph 2 of subsection A of Section 1020.9 of Title 82 of the Oklahoma Statutes,

b. uniform minimum standards and requirements for the development of, and annual reporting regarding compliance with, site-specific water management and conservation plans pursuant to Section 1020.2 of Title 82 of the Oklahoma Statutes, with particular regard to methodologies for calculating amounts claimed in consumptive use of water and any claimed augmentation of stream flow or groundwater, and

c. consultation, review and approval of such site-specific water management and conservation plans, with specific provisions for making such consultations, reviews and approvals subject to Article 2 of the Administrative Procedures Act; and

3. Promulgates final rules to provide for effective interagency consultation and coordination of activities among the Board, the Department of Mines and the Department of Environmental Quality on all administrative matters relating to the operation of mines at locations that overlie a sensitive sole source groundwater basin or subbasin.

D. The Board is hereby authorized and instructed to promulgate rules to implement the provisions of this section.

E. The Board is hereby authorized to cooperate with federal, tribal and any other agency in this state in performing its responsibilities under this section.

Okla. Stat. tit. 82, § 1020.9C

Amended by Laws 2019 , c. 503, s. 1, eff. 11/1/2019.

Added by Laws 2019 , c. 349, s. 3, eff. 11/1/2019.