{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-950","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-950","heading":"Moratorium on issuing permits or amending permits for","body":"locations overlying sensitive sole source groundwater basins or\n\nsubbasins.\n\nA. For purposes of this section, a \"subject mine\" shall mean a\n\nmine, as defined in paragraph 2 of Section 723 of Title 45 of the\n\nOklahoma Statutes, proposed for a location overlying a sensitive\n\nsole source groundwater basin or subbasin, exclusive of any mine\n\nthat meets at least one of the following conditions:\n\n1. As of November 1, 2019, is engaged in the permitted\n\nextraction of minerals from natural deposits; or\n\n2. Satisfies the criteria of paragraph 1 or 2 of subsection C\n\nof Section 1020.2 of Title 82 of the Oklahoma Statutes; or\n\n3. Is not to be permitted to operate for a period of more than\n\nfive (5) years, with no extensions or renewals; or\n\n4. The operation of which will not result in more than five (5)\n\nacre-feet per year of groundwater emanating from a sensitive sole\n\nsource groundwater basin or subbasin to infiltrate its pit, as that\n\nterm is defined in paragraph 12 of Section 723 of Title 45 of the\n\nOklahoma Statutes.\n\nB. Due to the inadequacy of existing technical resources,\n\nanalytic tools and regulatory systems for purposes of the effective\n\nimplementation of statutes relating to the operation of mines that\n\noverlies a sensitive sole source groundwater basin or subbasin, the\n\nLegislature hereby declares and establishes a moratorium on the\n\nDepartment of Mines issuing, in relation to any location overlying a\n\nsensitive sole source groundwater basin or subbasin or in which\n\ngroundwater emanating from any sensitive sole source groundwater\n\nbasin or subbasin may collect within a pit, as defined in paragraph\n\n12 of Section 723 of Title 45 of the Oklahoma Statutes:\n\n1. Any permit, pursuant to Section 724 of Title 45 of the\n\nOklahoma Statutes, to any subject mine;\n\n2. Any amendment or revision to any existing mining permit,\n\nthat covers additional land which shall include extensions of\n\nboundaries shown in the initial permit, pursuant to subsection J of\n\nSection 724 of Title 45 of the Oklahoma Statutes, if such amendment\n\nor revision would increase the acreage under such permit for that\n\nmine location by more than one hundred percent (100%) or four\n\nhundred (400) acres, whichever is less, as compared to the acreage\n\nunder permit for that mine location prior to the effective date of\n\nthis act; provided, however, on or after November 1, 2030, there\n\nshall be no limitation on an increase in acreage as specified in\n\nthis paragraph.\n\nC. Notwithstanding the moratorium, nothing in paragraph 2 of\n\nsubsection B of this section shall preclude the Department of Mines\n\nfrom issuing an amendment or revision to cover additional land,\n\nother changes to method or conduct of mining, reclamation operations\n\ncontemplated by the original permit or other authorization to allow\n\na change in mine ownership or to implement bonding under a permit\n\nissued prior to the effective date of this act, nor shall any permit\n\namendment or revision issued pursuant to this section be deemed to\n\nrender the permitted mine a subject mine for purposes of Title 27A,\n\n45 or 82 of the Oklahoma Statutes.\n\nD. Notwithstanding the moratorium or any other provision of\n\nlaw, the Department of Mines shall not require a permit for purposes\n\nof road or railroad construction in relation to mining activities by\n\nany mine.\n\nE. The moratorium shall remain in effect until such time as:\n\n1. The conditions of subsection C of Section 3 of this act have\n\nbeen satisfied; and\n\n2. The Department of Mines promulgates final rules to provide\n\nfor effective interagency consultation and coordination of\n\nactivities among the Department, the Oklahoma Water Resources Board\n\nand the Department of Environmental Quality on all administrative\n\nmatters relating to the operation of mines at locations that overlie\n\na sensitive sole source groundwater basin or subbasin.\n\ninal rules to provide\n\nfor effective interagency consultation and coordination of\n\nactivities among the Department, the Oklahoma Water Resources Board\n\nand the Department of Environmental Quality on all administrative\n\nmatters relating to the operation of mines at locations that overlie\n\na sensitive sole source groundwater basin or subbasin.\n\nF. The Department of Mines is hereby authorized and instructed\n\nto promulgate rules to implement the provisions of this section.\n\nG. The Department of Mines is hereby authorized to cooperate\n\nwith federal, tribal and any other agencies in this state in\n\nperforming its responsibilities under this section.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"053aa2a70099c2308695f603aa97e9e1a86289aa7e5d56baaca409a97cca04cd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-940","next":"us-ok/okla.-stat.-tit.-46-46-1"},"notice":"GroundRules: Original legal text. Not legal advice."}