Okla. Stat. tit. 82, § 82-277.6

Powers and duties - Effect of section on other laws.

A. Each director of the board shall take and subscribe to the

official oath of office and execute a surety bond to the district

conditioned upon the faithful discharge of his duties.

B. The board shall:

1. Elect a president or chairman and vice-president or vice-

chairman from its members and elect or appoint a secretary-

treasurer. The secretary-treasurer of the board shall be bonded;

2. Conduct its business in open meeting, pursuant to the

Oklahoma Open Meeting Act;

3. Maintain its records pursuant to the Oklahoma Open Records

Act, except those records which are considered private or

confidential under applicable laws of the United States;

4. Have standing to appear before any court of this state.

Such standing shall extend to all matters germane to the powers and

duties of the district including but not limited to questions of the

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validity of the establishment and operation of the district,

contracts and collection of delinquent assessments;

5. On a date specified by the board, each year, prepare a

budget, estimating the amount of money required for the ensuing year

to meet all obligations of the district and determine the

assessments necessary to pay those obligations. Assessments may be

modified or adopted by the Board when determined necessary;

6. Determine collection procedures for all assessments imposed

by the district. Assessments may be set by the board for all

expenses of the district including the establishment and maintenance

of a reserve fund, provided, however, that any assessments for

construction or improvements and the principal indebtedness and

interest which may be incurred relating thereto shall be approved by

vote of the electors. The amount approved by the electors for

construction or improvements may include additional amounts

necessary for the establishment of a reasonable reserve and the

payment of costs of issuance and underwriters' discount. The

maximum amount of principal indebtedness and interest shall not be

less than one hundred ten percent (110%) of the estimated cost of

such construction or improvement, in order to provide for

contingencies. All plans of construction and improvements shall be

submitted to the Oklahoma Water Resources Board;

7. Let contracts for public improvements or public construction

projects of the district. Such improvements or construction

projects shall be on sealed bids to the lowest and best responsible

bidder and shall be conditioned upon the filing of a performance

bond equal to one hundred percent (100%) of the contract price for

the faithful performance of the contract except as otherwise

provided by the Public Competitive Bidding Act;

8. Cause an independent auditor to prepare and furnish an

annual certified audit of the financial condition of the district

for the preceding year to the board. A copy of such audit shall be

submitted to the Oklahoma Water Resources Board, and made available

to the electors and creditors of the district; and

9. In the best interests of the entire district, establish a

written comprehensive and reasonable plan of operation for the

release, distribution, and use of water among the owners of lands

within the district. Prior to the adoption of any final plan of

operation or amendments thereto, the board shall provide for a

meeting on the proposed or modified plan of operation. Notice of

the intended action shall be mailed to the electors. Copies of the

plan or amendments thereto shall be made available, at no charge, to

the electors. The board shall fully consider all written and oral

submissions respecting the plan or amendments thereto. A final plan

of operation or amendments thereto shall be submitted to the

electors for approval at the annual meeting or at a special meeting

of the electors called for such approval. Upon approval of such
plan or amendments thereto shall be made available, at no charge, to

the electors. The board shall fully consider all written and oral

submissions respecting the plan or amendments thereto. A final plan

of operation or amendments thereto shall be submitted to the

electors for approval at the annual meeting or at a special meeting

of the electors called for such approval. Upon approval of such

Oklahoma Statutes - Title 82. Waters and Water Rights Page 46

plan or amendments thereto, the plan or plan as amended shall

constitute the official plan of operation for the district. Copies

of the official plan of operation for the district shall be made

available to the public.

C. The board shall have the power and authority to:

1. Manage and conduct the business affairs of the district;

2. Make and execute all necessary contracts;

3. Organize as a municipal corporation;

4. Employ such agents, officers and employees, including but

not limited to a manager, as may be required and prescribe their

duties and compensation;

5. Institute, maintain and defend any and all actions, suits

and proceedings, in person or by counsel, in the name of the

district;

6. Appear before the Oklahoma Water Resources Board to protest

any application not in conformity with the district's plan of

operation or not in the best interests of the district;

7. Perform any lawful act necessary to provide sufficient water

to each elector in the district;

8. Provide for the proper drainage of all lands affected by the

operations of the district;

9. Procure water either inside or outside of this state;

10. Develop comprehensive plans for efficient use of streams

and groundwater and the control and prevention of waste. Such plans

shall be filed with the Oklahoma Water Resources Board for

informational purposes only;

11. Reclassify or authorize transfer of existing lands of the

district as provided in the Oklahoma Irrigation District Act;

12. For the purposes of the district:

a. acquire by purchase, lease or grant, rights-of-way and

improvement locations, and release such acquired

interests, provided that the acquisition or release of

the property or facilities of public service

corporations shall be accomplished as provided for by

Section 1722 of Title 69 of the Oklahoma Statutes,

b. enter upon lands for the making of surveys, provided

consent for such entry is first obtained,

c. condemn lands in accordance with the procedure

provided for condemnation of land by railroad

corporations. The power of eminent domain shall not

be exercised to acquire water rights unless the land

is acquired in fee. Oil, gas and minerals shall not

be subject to the power of eminent domain, except to

the extent necessary to prevent activities adversely

affecting the purposes of the district,

d. purchase and acquire leases of water rights,

e. make application for appropriations of water,

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f. construct, use, maintain, repair and improve canals,

wells, reservoirs and water supply and distribution

facilities and appurtenances of all kinds, and

g. enter into contracts and obligations with this state

and the United States under the provisions of the

Federal Reclamation Act and all other state and

federal acts for the acquisition of water supply and

distribution facilities;

13. Accept the appointment of the district as fiscal agent of

the United States or this state, or accept authorization of the

district by the United States or this state to make collection of

money for and on behalf of the United States or this state in

connection with any federal or state project, and assume the duties

and liabilities incident to such action, and do any and all things

required by rules and regulations now or hereafter established by

any agency or department of the federal or state government in

regard thereto;

14. Accept gifts of money, property and services;
f

money for and on behalf of the United States or this state in

connection with any federal or state project, and assume the duties

and liabilities incident to such action, and do any and all things

required by rules and regulations now or hereafter established by

any agency or department of the federal or state government in

regard thereto;

14. Accept gifts of money, property and services;

15. Sell and dispose of the property of the district if

provision is made for the payment of indebtedness thereon and

consent is obtained from all lienholders:

a. all property except easements shall be sold by sealed

bid to the highest bidder but the board has the right

to reject all such bids,

b. if real property has been acquired by the district

through the exercise of the power of eminent domain or

the imminent threat thereof and the district has

determined that such property shall be sold, the

immediate former owner, or his heirs at law or

devisees, as the case may be, shall have the first

option to repurchase the property at the price at

which the property was purchased from the owner,

c. if any property acquired by the district through the

exercise of the power of eminent domain or the

imminent threat thereof is not needed for immediate

use, the former owner, or his heirs at law or

devisees, as the case may be, shall have first option

to lease the property until such time as the property

is actually needed for district purposes;

16. Make surveys;

17. Carry out research projects;

18. Construct dams and drainage systems;

19. Install pumps and equipment to recharge underground basins

and subbasins;

20. Purchase real property;

21. Upon vote of the electors, borrow money and issue special

assessment bonds or notes, in such principal amounts as do not

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exceed the maximum amount voted by the electors. All such bonds or

notes may bear interest at such fixed or variable rate or rates, in

any combination, as may be determined by the directors of the

district. Provided, the average coupon rate thereon shall in no

event exceed fourteen percent (14%) per annum;

22. Appoint committees of electors to undertake studies and

report to the board upon any issue germane to the operations and

management of the district; and

23. Generally perform all such acts as shall be necessary to

conduct the affairs of the district.

D. The provisions of this section shall not be construed to

affect or supercede any laws of this state relating to the authority

or the jurisdiction of any agency of this state or political

subdivision of this state to implement their respective duties

pursuant to law, but shall be held and construed as auxiliary and

supplementary thereto.