{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-277.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-277.6","heading":"Board of directors - Oath of office - Surety bond -","body":"Powers and duties - Effect of section on other laws.\n\nA. Each director of the board shall take and subscribe to the\n\nofficial oath of office and execute a surety bond to the district\n\nconditioned upon the faithful discharge of his duties.\n\nB. The board shall:\n\n1. Elect a president or chairman and vice-president or vice-\n\nchairman from its members and elect or appoint a secretary-\n\ntreasurer. The secretary-treasurer of the board shall be bonded;\n\n2. Conduct its business in open meeting, pursuant to the\n\nOklahoma Open Meeting Act;\n\n3. Maintain its records pursuant to the Oklahoma Open Records\n\nAct, except those records which are considered private or\n\nconfidential under applicable laws of the United States;\n\n4. Have standing to appear before any court of this state.\n\nSuch standing shall extend to all matters germane to the powers and\n\nduties of the district including but not limited to questions of the\n\nvalidity of the establishment and operation of the district,\n\ncontracts and collection of delinquent assessments;\n\n5. On a date specified by the board, each year, prepare a\n\nbudget, estimating the amount of money required for the ensuing year\n\nto meet all obligations of the district and determine the\n\nassessments necessary to pay those obligations. Assessments may be\n\nmodified or adopted by the Board when determined necessary;\n\n6. Determine collection procedures for all assessments imposed\n\nby the district. Assessments may be set by the board for all\n\nexpenses of the district including the establishment and maintenance\n\nof a reserve fund, provided, however, that any assessments for\n\nconstruction or improvements and the principal indebtedness and\n\ninterest which may be incurred relating thereto shall be approved by\n\nvote of the electors. The amount approved by the electors for\n\nconstruction or improvements may include additional amounts\n\nnecessary for the establishment of a reasonable reserve and the\n\npayment of costs of issuance and underwriters' discount. The\n\nmaximum amount of principal indebtedness and interest shall not be\n\nless than one hundred ten percent (110%) of the estimated cost of\n\nsuch construction or improvement, in order to provide for\n\ncontingencies. All plans of construction and improvements shall be\n\nsubmitted to the Oklahoma Water Resources Board;\n\n7. Let contracts for public improvements or public construction\n\nprojects of the district. Such improvements or construction\n\nprojects shall be on sealed bids to the lowest and best responsible\n\nbidder and shall be conditioned upon the filing of a performance\n\nbond equal to one hundred percent (100%) of the contract price for\n\nthe faithful performance of the contract except as otherwise\n\nprovided by the Public Competitive Bidding Act;\n\n8. Cause an independent auditor to prepare and furnish an\n\nannual certified audit of the financial condition of the district\n\nfor the preceding year to the board. A copy of such audit shall be\n\nsubmitted to the Oklahoma Water Resources Board, and made available\n\nto the electors and creditors of the district; and\n\n9. In the best interests of the entire district, establish a\n\nwritten comprehensive and reasonable plan of operation for the\n\nrelease, distribution, and use of water among the owners of lands\n\nwithin the district. Prior to the adoption of any final plan of\n\noperation or amendments thereto, the board shall provide for a\n\nmeeting on the proposed or modified plan of operation. Notice of\n\nthe intended action shall be mailed to the electors. Copies of the\n\nplan or amendments thereto shall be made available, at no charge, to\n\nthe electors. The board shall fully consider all written and oral\n\nsubmissions respecting the plan or amendments thereto. A final plan\n\nof operation or amendments thereto shall be submitted to the\n\nelectors for approval at the annual meeting or at a special meeting\n\nof the electors called for such approval. Upon approval of such\nplan or amendments thereto shall be made available, at no charge, to\n\nthe electors. The board shall fully consider all written and oral\n\nsubmissions respecting the plan or amendments thereto. A final plan\n\nof operation or amendments thereto shall be submitted to the\n\nelectors for approval at the annual meeting or at a special meeting\n\nof the electors called for such approval. Upon approval of such\n\nplan or amendments thereto, the plan or plan as amended shall\n\nconstitute the official plan of operation for the district. Copies\n\nof the official plan of operation for the district shall be made\n\navailable to the public.\n\nC. The board shall have the power and authority to:\n\n1. Manage and conduct the business affairs of the district;\n\n2. Make and execute all necessary contracts;\n\n3. Organize as a municipal corporation;\n\n4. Employ such agents, officers and employees, including but\n\nnot limited to a manager, as may be required and prescribe their\n\nduties and compensation;\n\n5. Institute, maintain and defend any and all actions, suits\n\nand proceedings, in person or by counsel, in the name of the\n\ndistrict;\n\n6. Appear before the Oklahoma Water Resources Board to protest\n\nany application not in conformity with the district's plan of\n\noperation or not in the best interests of the district;\n\n7. Perform any lawful act necessary to provide sufficient water\n\nto each elector in the district;\n\n8. Provide for the proper drainage of all lands affected by the\n\noperations of the district;\n\n9. Procure water either inside or outside of this state;\n\n10. Develop comprehensive plans for efficient use of streams\n\nand groundwater and the control and prevention of waste. Such plans\n\nshall be filed with the Oklahoma Water Resources Board for\n\ninformational purposes only;\n\n11. Reclassify or authorize transfer of existing lands of the\n\ndistrict as provided in the Oklahoma Irrigation District Act;\n\n12. For the purposes of the district:\n\na. acquire by purchase, lease or grant, rights-of-way and\n\nimprovement locations, and release such acquired\n\ninterests, provided that the acquisition or release of\n\nthe property or facilities of public service\n\ncorporations shall be accomplished as provided for by\n\nSection 1722 of Title 69 of the Oklahoma Statutes,\n\nb. enter upon lands for the making of surveys, provided\n\nconsent for such entry is first obtained,\n\nc. condemn lands in accordance with the procedure\n\nprovided for condemnation of land by railroad\n\ncorporations. The power of eminent domain shall not\n\nbe exercised to acquire water rights unless the land\n\nis acquired in fee. Oil, gas and minerals shall not\n\nbe subject to the power of eminent domain, except to\n\nthe extent necessary to prevent activities adversely\n\naffecting the purposes of the district,\n\nd. purchase and acquire leases of water rights,\n\ne. make application for appropriations of water,\n\nf. construct, use, maintain, repair and improve canals,\n\nwells, reservoirs and water supply and distribution\n\nfacilities and appurtenances of all kinds, and\n\ng. enter into contracts and obligations with this state\n\nand the United States under the provisions of the\n\nFederal Reclamation Act and all other state and\n\nfederal acts for the acquisition of water supply and\n\ndistribution facilities;\n\n13. Accept the appointment of the district as fiscal agent of\n\nthe United States or this state, or accept authorization of the\n\ndistrict by the United States or this state to make collection of\n\nmoney for and on behalf of the United States or this state in\n\nconnection with any federal or state project, and assume the duties\n\nand liabilities incident to such action, and do any and all things\n\nrequired by rules and regulations now or hereafter established by\n\nany agency or department of the federal or state government in\n\nregard thereto;\n\n14. Accept gifts of money, property and services;\nf\n\nmoney for and on behalf of the United States or this state in\n\nconnection with any federal or state project, and assume the duties\n\nand liabilities incident to such action, and do any and all things\n\nrequired by rules and regulations now or hereafter established by\n\nany agency or department of the federal or state government in\n\nregard thereto;\n\n14. Accept gifts of money, property and services;\n\n15. Sell and dispose of the property of the district if\n\nprovision is made for the payment of indebtedness thereon and\n\nconsent is obtained from all lienholders:\n\na. all property except easements shall be sold by sealed\n\nbid to the highest bidder but the board has the right\n\nto reject all such bids,\n\nb. if real property has been acquired by the district\n\nthrough the exercise of the power of eminent domain or\n\nthe imminent threat thereof and the district has\n\ndetermined that such property shall be sold, the\n\nimmediate former owner, or his heirs at law or\n\ndevisees, as the case may be, shall have the first\n\noption to repurchase the property at the price at\n\nwhich the property was purchased from the owner,\n\nc. if any property acquired by the district through the\n\nexercise of the power of eminent domain or the\n\nimminent threat thereof is not needed for immediate\n\nuse, the former owner, or his heirs at law or\n\ndevisees, as the case may be, shall have first option\n\nto lease the property until such time as the property\n\nis actually needed for district purposes;\n\n16. Make surveys;\n\n17. Carry out research projects;\n\n18. Construct dams and drainage systems;\n\n19. Install pumps and equipment to recharge underground basins\n\nand subbasins;\n\n20. Purchase real property;\n\n21. Upon vote of the electors, borrow money and issue special\n\nassessment bonds or notes, in such principal amounts as do not\n\nexceed the maximum amount voted by the electors. All such bonds or\n\nnotes may bear interest at such fixed or variable rate or rates, in\n\nany combination, as may be determined by the directors of the\n\ndistrict. Provided, the average coupon rate thereon shall in no\n\nevent exceed fourteen percent (14%) per annum;\n\n22. Appoint committees of electors to undertake studies and\n\nreport to the board upon any issue germane to the operations and\n\nmanagement of the district; and\n\n23. Generally perform all such acts as shall be necessary to\n\nconduct the affairs of the district.\n\nD. The provisions of this section shall not be construed to\n\naffect or supercede any laws of this state relating to the authority\n\nor the jurisdiction of any agency of this state or political\n\nsubdivision of this state to implement their respective duties\n\npursuant to law, but shall be held and construed as auxiliary and\n\nsupplementary thereto.","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":"ae86b1beef4a7afb20b688b376c6a13db9bfd29763012f915dfbf9823fb380d1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-277.5","next":"us-ok/okla.-stat.-tit.-82-82-277.7"},"notice":"GroundRules: Original legal text. Not legal advice."}
