{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-110.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-110.10","heading":"Failure, neglect or refusal to comply with act - Orders","body":"- Penalties - Judicial relief.\n\nA. When an owner fails, neglects or refuses to comply with this\n\nact, rules promulgated pursuant to this act, or orders of the\n\nOklahoma Water Resources Board, and there is no imminent peril to\n\nthe public health or welfare shown, the Board may, after notice and\n\nopportunity for hearing, issue an order requiring such owner to take\n\nwhatever action the Board deems necessary to place the dam in a safe\n\ncondition, meet the requirements of this act, rules of the Board, or\n\nthe previous orders of the Board. Such action may include but is\n\nnot limited to lowering the level of or removing all water in the\n\nreservoir, providing an adequate warning to the public downstream,\n\nrepair or modification of the existing dam after having the\n\nappropriate application for approval of plans and specifications\n\ngranted, cease all construction work on a dam, and implementation of\n\nan appropriate operation and maintenance plan.\n\nB. When an owner fails, neglects or refuses to comply with this\n\nact, rules promulgated pursuant to this act, or orders of the Board,\n\nand there is an imminent peril to the public health or welfare\n\nshown, the Executive Director of the Board, or Assistant Director in\n\nthe absence of the Executive Director, may, without notice or\n\nopportunity for hearing, issue an emergency order requiring such\n\nowner to take actions the Board deems necessary to place the dam in\n\na safe condition. Said emergency order shall indicate the finding\n\nof imminent peril and shall specify the actions that are to be taken\n\nimmediately. The order shall also specify a time and place for\n\nhearing to be held after such actions are taken.\n\nC. The Board may impose administrative penalties against owners\n\nof dams who fail, refuse or neglect to comply with the provisions of\n\nthis act, rules of the Board promulgated pursuant to this act, or\n\norders of the Board. Such administrative penalties shall be imposed\n\nonly after notice and opportunity for hearing on the proposed\n\nimposition of such penalties. The notice and opportunity for\n\nhearing required by this paragraph may be combined with the notice\n\nand hearing required in paragraph A of this section. Said penalties\n\nshall not exceed Five Hundred Dollars ($500.00) per day for each\n\nviolation. Each day a violation continues shall constitute a\n\nseparate violation.\n\nD. The Board may seek judicial relief to enforce provisions of\n\nthis act, rules promulgated pursuant to this act, and orders of the\n\nBoard by instituting action in the district court where the dam or a\n\nmajor portion thereof is located.\n\nE. If records and information available to the Board show that\n\nthere may be more than one owner of the dam subject to\n\nadministrative or judicial relief authorized by this section, the\n\nBoard is not required to give all such owners notice of proceedings\n\ninvolving the dam, and such owners who do not receive notice or\n\nenter their appearance in the proceedings shall not be deemed\n\nindispensable parties, provided however, the Board shall use its\n\nbest efforts to provide notice to all known owners, considering the\n\nnumber and type of interest of such owners, amount of control\n\nexercised over the operation and maintenance of the dam by such\n\nowners, the need to expeditiously proceed to hearing, and possible\n\nharm by not providing such notice.","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":"fe0b6e3440ccf9af4b50ca859f28248a92d17b9b47b0dce74fa17ea0ff22bf5d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-110.1","next":"us-ok/okla.-stat.-tit.-82-82-110.11"},"notice":"GroundRules: Original legal text. Not legal advice."}