{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1020.9c","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1020.9C","heading":"Moratorium on actions related to operation of mines","body":"that may affect sensitive sole source groundwater basin or\n\nsubbasins.\n\nA. For the purposes of this section, a \"subject mine\" shall\n\nmean a mine, as defined in paragraph 2 of Section 723 of Title 45 of\n\nthe Oklahoma Statutes, that overlies a sensitive sole source\n\ngroundwater basin or subbasin, exclusive of any mine that meets at\n\nleast one of the following conditions:\n\n1. As of November 1, 2019, was 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\nmay affect sensitive sole source groundwater basins or subbasins,\n\nthe Legislature hereby declares and establishes a moratorium on the\n\nfollowing actions:\n\n1. The Oklahoma Water Resources Board shall not issue any\n\npermit or other administrative authorization for the appropriation,\n\ndiversion, withdrawal or removal of water from or for the\n\ndewatering, in part or in full, of a pit, as defined in paragraph 12\n\nof Section 723 of Title 45 of the Oklahoma Statutes, of a subject\n\nmine; and\n\n2. The Board shall not issue, allocate or recognize, pursuant\n\nto subsection D of Section 1020.2 of Title 82 of the Oklahoma\n\nStatutes, Section 785:30-15-5 of the Oklahoma Administrative Code or\n\nany other provision of law, any offset to the consumptive use of\n\nwater of a subject mine where such offset is based on a claimed\n\naugmentation of stream flow or groundwater.\n\nC. The moratorium shall be in effect until such time as the\n\nBoard, working in coordination with the Department of Environmental\n\nQuality, the Department of Mines, and East Central University and in\n\ncooperation with federal and tribal governmental agencies with\n\ninterests in a subject mine that overlies a sensitive sole source\n\ngroundwater basin or subbasin:\n\n1. Completes the Enhanced Monitoring and Evaluation of\n\nHydrologic Trends for the Eastern Arbuckle-Simpson Aquifer, South-\n\nCentral Oklahoma and, based thereon, develops modeling and other\n\ntechnical tools capable of accurately measuring and projecting, as a\n\nmatter both of incremental and cumulative effect, whether a proposed\n\nwithdrawal of groundwater from a sensitive sole source groundwater\n\nbasin or subbasin would degrade or interfere with springs and\n\nstreams emanating therefrom;\n\n2. Promulgates final rules to integrate the use of such studies\n\nand tools to administrative implementation of:\n\na. waste, degradation and interference analyses required\n\nby subparagraphs c and d of paragraph 1 and\n\nsubparagraphs c and d of paragraph 2 of subsection A\n\nof Section 1020.9 of Title 82 of the Oklahoma\n\nStatutes,\n\nb. uniform minimum standards and requirements for the\n\ndevelopment of, and annual reporting regarding\n\ncompliance with, site-specific water management and\n\nconservation plans pursuant to Section 1020.2 of Title\n\n82 of the Oklahoma Statutes, with particular regard to\n\nmethodologies for calculating amounts claimed in\n\nconsumptive use of water and any claimed augmentation\n\nof stream flow or groundwater, and\n\nc. consultation, review and approval of such site-\n\nspecific water management and conservation plans, with\n\nspecific provisions for making such consultations,\n\nreviews and approvals subject to Article 2 of the\nthe Oklahoma Statutes, with particular regard to\n\nmethodologies for calculating amounts claimed in\n\nconsumptive use of water and any claimed augmentation\n\nof stream flow or groundwater, and\n\nc. consultation, review and approval of such site-\n\nspecific water management and conservation plans, with\n\nspecific provisions for making such consultations,\n\nreviews and approvals subject to Article 2 of the\n\nAdministrative Procedures Act; and\n\n3. Promulgates final rules to provide for effective interagency\n\nconsultation and coordination of activities among the Board, the\n\nDepartment of Mines and the Department of Environmental Quality on\n\nall administrative matters relating to the operation of mines at\n\nlocations that overlie a sensitive sole source groundwater basin or\n\nsubbasin.\n\nD. The Board is hereby authorized and instructed to promulgate\n\nrules to implement the provisions of this section.\n\nE. The Board is hereby authorized to cooperate with federal,\n\ntribal and any other agency in this state in performing its\n\nresponsibilities under this section.","path":["OK Code","Title 82"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os82.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d2e20a8af33a38611a3eacb27dd947c600711e602184864931b04c9bf7f9c28f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1020.9b","next":"us-ok/okla.-stat.-tit.-82-82-1021.1"},"notice":"GroundRules: Original legal text. Not legal advice."}