Okla. Stat. tit. 11, § 11-37-128
This is the official text of Okla. Stat. tit. 11, § 11-37-128, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Public water trusts – Supervision by municipalities –
Official statutory text
Penalties - Exceptions.
A. Any public water trust formed pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes whose beneficiary
is the state, any county or municipality or any combination thereof,
supplying water directly to residents of a municipality, shall be
subject to general supervision by such municipality with regards to
any waterworks within the city limits of the municipality.
B. 1. The municipality shall have power to promulgate
regulations and enact ordinances affecting the services, operation,
management, rates and manner of conduct of the business of any
public water trust having waterworks within the city limits of the
municipality.
2. The municipality shall have full visitorial and
inquisitorial power to examine the records of such public water
trust and keep informed as to the general condition, rates, plants,
equipment, apparatus, conduct, operation, practices and services,
and compliance with regulations and ordinances and laws of this
state with respect to the waterworks within the city limits of the
municipality and with respect to any other management or conduct of
the public water trust which affects any of the waterworks within
the city limits of the municipality.
Oklahoma Statutes - Title 11. Cities and Towns Page 378
C. It shall be unlawful for any public water trust to operate
any waterworks within the city limits of a municipality in violation
of the regulations promulgated or ordinances enacted by the
municipality pursuant to this section.
D. 1. Any person who violates any of the provisions of any
regulation promulgated or ordinance enacted issued pursuant to this
section, upon conviction thereof, shall be guilty of a misdemeanor.
Each day upon which such violation occurs shall constitute a
separate violation.
2. In addition to any criminal penalty imposed pursuant to this
subsection, a public water trust which has been determined by the
municipality to have violated any regulation or ordinance issued
pursuant to this section may be liable for a civil penalty of not
more than Five Hundred Dollars ($500.00) for each day that such
violation continues. The amount of such penalty shall be assessed
by the municipality, after notice and hearing.
E. 1. The district attorney of the appropriate district court
of Oklahoma may bring an action in a court of competent jurisdiction
for the prosecution of such violation of any regulation or order
issued pursuant to this section.
2. The court has jurisdiction to determine such action and to
grant the necessary or appropriate relief, including, but not
limited to, mandatory or prohibitive injunctive relief, interim
equitable relief, and punitive damages.
F. The provisions of this section shall not apply to:
1. Any public trusts formed as rural water districts and
established pursuant to the Rural Water, Sewer, Gas and Solid Waste
Management District Act;
2. Any municipality in a county having a population less than
Two Hundred Fifty Thousand (250,000) persons; or
3. Waterworks or water systems owned or operated by a
municipality or by any public trust of which a municipality is the
sole beneficiary.
G. For purposes of this section, "waterworks" means facilities
used in the procurement, supply, treatment, storage, pumping or
distribution of water for human consumption or fire protection, and
includes the necessary facilities from the initial source to the
place for consumer utilization.
A. Any public water trust formed pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes whose beneficiary
is the state, any county or municipality or any combination thereof,
supplying water directly to residents of a municipality, shall be
subject to general supervision by such municipality with regards to
any waterworks within the city limits of the municipality.
B. 1. The municipality shall have power to promulgate
regulations and enact ordinances affecting the services, operation,
management, rates and manner of conduct of the business of any
public water trust having waterworks within the city limits of the
municipality.
2. The municipality shall have full visitorial and
inquisitorial power to examine the records of such public water
trust and keep informed as to the general condition, rates, plants,
equipment, apparatus, conduct, operation, practices and services,
and compliance with regulations and ordinances and laws of this
state with respect to the waterworks within the city limits of the
municipality and with respect to any other management or conduct of
the public water trust which affects any of the waterworks within
the city limits of the municipality.
Oklahoma Statutes - Title 11. Cities and Towns Page 378
C. It shall be unlawful for any public water trust to operate
any waterworks within the city limits of a municipality in violation
of the regulations promulgated or ordinances enacted by the
municipality pursuant to this section.
D. 1. Any person who violates any of the provisions of any
regulation promulgated or ordinance enacted issued pursuant to this
section, upon conviction thereof, shall be guilty of a misdemeanor.
Each day upon which such violation occurs shall constitute a
separate violation.
2. In addition to any criminal penalty imposed pursuant to this
subsection, a public water trust which has been determined by the
municipality to have violated any regulation or ordinance issued
pursuant to this section may be liable for a civil penalty of not
more than Five Hundred Dollars ($500.00) for each day that such
violation continues. The amount of such penalty shall be assessed
by the municipality, after notice and hearing.
E. 1. The district attorney of the appropriate district court
of Oklahoma may bring an action in a court of competent jurisdiction
for the prosecution of such violation of any regulation or order
issued pursuant to this section.
2. The court has jurisdiction to determine such action and to
grant the necessary or appropriate relief, including, but not
limited to, mandatory or prohibitive injunctive relief, interim
equitable relief, and punitive damages.
F. The provisions of this section shall not apply to:
1. Any public trusts formed as rural water districts and
established pursuant to the Rural Water, Sewer, Gas and Solid Waste
Management District Act;
2. Any municipality in a county having a population less than
Two Hundred Fifty Thousand (250,000) persons; or
3. Waterworks or water systems owned or operated by a
municipality or by any public trust of which a municipality is the
sole beneficiary.
G. For purposes of this section, "waterworks" means facilities
used in the procurement, supply, treatment, storage, pumping or
distribution of water for human consumption or fire protection, and
includes the necessary facilities from the initial source to the
place for consumer utilization.
Status: in_force · Read it on the official government site
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