Okla. Stat. tit. 27A, § 27A-2-6-111: Moratorium on permitting of discharge to water

emanating from sensitive sole source groundwater basins or

subbasins.

A. For 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, proposed for a location overlying 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, is 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

overlies a sensitive sole source groundwater basin or subbasin, the

Legislature hereby declares and establishes a moratorium on the

Department of Environmental Quality permitting of any discharge from

a subject mine to streams fed or supported by water emanating from

sensitive sole source groundwater basins or subbasins.

C. The moratorium shall remain in effect until such time as:

1. The conditions of subsection C of Section 3 of this act have

been satisfied; and

2. The Department of Environmental Quality promulgates final

rules to provide for effective interagency consultation and

coordination of activities among the Department, the Oklahoma Water

Resources Board and the Department of Mines on all administrative

matters relating to the operation of mines at locations that overlie

a sensitive sole source groundwater basin or subbasin.

D. Notwithstanding the moratorium, the Department of

Environmental Quality may issue any new permits, permit

modifications, permit amendments, permit revisions or permit

renewals necessary to maintain compliance or remedy identified

compliance issues pursuant to Title 27A of the Oklahoma Statutes to

operators of any mines lawfully engaged in mining, as defined in

paragraph 3 of Section 723 of Title 45 of the Oklahoma Statutes.

E. The Department of Environmental Quality is hereby authorized

and instructed to promulgate rules to implement the provisions of

this section.

F. The Department of Environmental Quality is hereby authorized

to cooperate with federal, tribal and any other agency in this state

in performing its responsibilities under this section.