Okla. Stat. tit. 82, § 82-1020.9C

that may affect sensitive sole source groundwater basin or

subbasins.

A. For the purposes of this section, a "subject mine" shall

mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of

the Oklahoma Statutes, that overlies a sensitive sole source

groundwater basin or subbasin, exclusive of any mine that meets at

least one of the following conditions:

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1. As of November 1, 2019, was engaged in the permitted

extraction of minerals from natural deposits; or

2. Satisfies the criteria of paragraph 1 or 2 of subsection C

of Section 1020.2 of Title 82 of the Oklahoma Statutes; or

3. Is not to be permitted to operate for a period of more than

five (5) years, with no extensions or renewals; or

4. The operation of which will not result in more than five (5)

acre-feet per year of groundwater emanating from a sensitive sole

source groundwater basin or subbasin to infiltrate its pit, as that

term is defined in paragraph 12 of Section 723 of Title 45 of the

Oklahoma Statutes.

B. Due to the inadequacy of existing technical resources,

analytic tools and regulatory systems for purposes of the effective

implementation of statutes relating to the operation of mines that

may affect sensitive sole source groundwater basins or subbasins,

the Legislature hereby declares and establishes a moratorium on the

following actions:

1. The Oklahoma Water Resources Board shall not issue any

permit or other administrative authorization for the appropriation,

diversion, withdrawal or removal of water from or for the

dewatering, in part or in full, of a pit, as defined in paragraph 12

of Section 723 of Title 45 of the Oklahoma Statutes, of a subject

mine; and

2. The Board shall not issue, allocate or recognize, pursuant

to subsection D of Section 1020.2 of Title 82 of the Oklahoma

Statutes, Section 785:30-15-5 of the Oklahoma Administrative Code or

any other provision of law, any offset to the consumptive use of

water of a subject mine where such offset is based on a claimed

augmentation of stream flow or groundwater.

C. The moratorium shall be in effect until such time as the

Board, working in coordination with the Department of Environmental

Quality, the Department of Mines, and East Central University and in

cooperation with federal and tribal governmental agencies with

interests in a subject mine that overlies a sensitive sole source

groundwater basin or subbasin:

1. Completes the Enhanced Monitoring and Evaluation of

Hydrologic Trends for the Eastern Arbuckle-Simpson Aquifer, South-

Central Oklahoma and, based thereon, develops modeling and other

technical tools capable of accurately measuring and projecting, as a

matter both of incremental and cumulative effect, whether a proposed

withdrawal of groundwater from a sensitive sole source groundwater

basin or subbasin would degrade or interfere with springs and

streams emanating therefrom;

2. Promulgates final rules to integrate the use of such studies

and tools to administrative implementation of:

a. waste, degradation and interference analyses required

by subparagraphs c and d of paragraph 1 and

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subparagraphs c and d of paragraph 2 of subsection A

of Section 1020.9 of Title 82 of the Oklahoma

Statutes,

b. uniform minimum standards and requirements for the

development of, and annual reporting regarding

compliance with, site-specific water management and

conservation plans pursuant to Section 1020.2 of Title

82 of the Oklahoma Statutes, with particular regard to

methodologies for calculating amounts claimed in

consumptive use of water and any claimed augmentation

of stream flow or groundwater, and

c. consultation, review and approval of such site-

specific water management and conservation plans, with

specific provisions for making such consultations,

reviews and approvals subject to Article 2 of the
the Oklahoma Statutes, with particular regard to

methodologies for calculating amounts claimed in

consumptive use of water and any claimed augmentation

of stream flow or groundwater, and

c. consultation, review and approval of such site-

specific water management and conservation plans, with

specific provisions for making such consultations,

reviews and approvals subject to Article 2 of the

Administrative Procedures Act; and

3. Promulgates final rules to provide for effective interagency

consultation and coordination of activities among the Board, the

Department of Mines and the Department of Environmental Quality on

all administrative matters relating to the operation of mines at

locations that overlie a sensitive sole source groundwater basin or

subbasin.

D. The Board is hereby authorized and instructed to promulgate

rules to implement the provisions of this section.

E. The Board is hereby authorized to cooperate with federal,

tribal and any other agency in this state in performing its

responsibilities under this section.