Okla. Stat. tit. 82, § 82-541

Purpose - Board of Directors.

A. There is hereby authorized the formation of conservancy

districts within this state. Each such district shall be designated

as a "conservancy district" or "master conservancy district". Such

districts shall not be political corporations or subdivisions of the

state. All of the provisions of this chapter shall apply to all

such districts except insofar as special provisions shall be made

herein relating to master conservancy districts only. All

provisions of this chapter prescribing the contents of pleadings or

instruments and using the term "conservancy district" may be

modified to use the term "master conservancy district", when the

same shall be applicable. Provided that in the event a master

conservancy district is organized, the obligation including the area

of a conservancy district shall become the obligation of the master

conservancy district to the extent such obligations relate to water

resources development and control.

B. 1. The district court of any judicial district in this

state, or any judge thereof when said court is in vacation, is

vested with jurisdiction, power and authority, when the conditions

stated in Section 542 of this title are found to exist, to establish

conservancy districts, which may be entirely within, or partly

within and partly without, the judicial district in which said court

is located, for all or any of these purposes:

a. of preventing floods,

b. of regulating stream channels by changing, widening

and deepening same,

c. of reclaiming or of filling wet and overflowed land,

d. of providing for irrigation where it may be needed,

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e. of regulating the flow of streams,

f. of diverting or in whole or in part eliminating

watercourses, or part of the flowage thereof, or

g. of developing and providing water for domestic,

industrial and agricultural requirements, and to

persons within the territory of the district. This

also may include the construction, operation and

maintenance of storage, distribution, treatment,

supply and other works, installation, improvements and

facilities necessary or incidental thereto. Provided,

that no conservancy district shall construct, operate

or maintain distribution facilities within the limits

of any municipal corporation.

2. Incident to any purpose provided in this subsection, and to

further enable their accomplishment, a master conservancy district

may:

a. straighten, widen, deepen, divert or change the course

or terminus of any natural or artificial watercourse,

b. build or rebuild reservoirs, canals, levees, walls,

embankments, bridges, or dams,

c. maintain, operate and repair any of the construction

herein named, and

d. do all other things necessary for the fulfillment of

the purposes of this chapter.

C. Master conservancy districts may be created to include lands

constituting all or any part of the area of one or more conservancy

and/or irrigation districts and/or municipal corporations and/or

lands not included in any such area or areas. Provided, however,

that no conservancy district nor portion thereof shall be

incorporated into a master conservancy district without the consent

of at least fifty-one percent (51%) of the owners of land and by

owners of at least fifty-one percent (51%) of the land area embraced

in the conservancy district or that portion thereof to be

incorporated into a master conservancy district. In addition to any

or all of the purposes enumerated in subsection B of this section,

master conservancy districts may be created for any or all of the

following purposes:

1. To conduct preliminary surveys and to develop a plan for the

comprehensive control, regulation and/or use of water from any

designated stream, watercourse or watercourse system and/or its

basin;

2. To coordinate the operations, works and facilities of two or
s enumerated in subsection B of this section,

master conservancy districts may be created for any or all of the

following purposes:

1. To conduct preliminary surveys and to develop a plan for the

comprehensive control, regulation and/or use of water from any

designated stream, watercourse or watercourse system and/or its

basin;

2. To coordinate the operations, works and facilities of two or

more conservancy districts with each other and with improvements,

works, and facilities of the master conservancy district;

3. To enable the acquisition, construction and maintenance of

improvements and facilities for common benefit and/or use of

constituent areas;

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4. To permit two or more municipal corporations and/or

conservancy districts to pool their resources to effect any or all

of the foregoing; and

5. To enter into contracts with municipal corporations, persons

and public agencies for the furnishing to them of water, subject,

however, to the proviso in subparagraph g of paragraph 1 of

subsection B of this section.

D. 1. Immediately following organization of a master

conservancy district, the first board of directors shall be

appointed by the district judge and shall consist of such number of

persons as the district judge shall designate to provide equitable

representation for the component areas and/or for users contracting

for a substantial service from the district, and said directors

shall serve until their successors have been selected and qualified.

At the first meeting the directors shall elect a president, vice-

president, secretary and treasurer from their number, and shall

adopt bylaws for the governing of the business of the district,

subject to approval by the district judge, and attend to such other

business as may come before said board. The president shall be the

chief executive officer of the district, shall preside at the

meetings of the board and shall perform all other functions which

are necessary and proper for carrying out the provisions of this

act, subject to approval of the board. The vice-president shall act

as president whenever the president is absent, or otherwise

incapacitated, or fails to act. The secretary shall be custodian of

the district seal, attest to the signature of the president when law

requires that it be attested to and shall be charged with the duty

of keeping accurate and detailed minutes of meetings of the board.

The treasurer shall be custodian of all monies, funds and credits of

the district and shall keep the books and records of the district in

proper form.

2. All officers and employees handling funds of a master

conservancy district shall be bonded in a penal sum of not less than

Twenty-five Thousand Dollars ($25,000.00), such bond to be a

corporate surety bond approved by the judge of the district court

establishing the district, for the faithful performance of their

duties. The bond premiums shall be paid by the district and

benefits accrue to said district.

3. All officers and employees shall execute the customary oath

of office, which shall be filed with the secretary of the district.

4. Within two (2) years after the first board of directors has

been appointed by the district judge, the district judge shall

appoint members to the board as hereinafter provided and fix the

total number of such directors for equitable representation.

Provided, however, each component area, including municipal

corporations, cities, towns, irrigation districts, and users

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contracting for a substantial service from the district may elect

their respective representation to the board of directors.

5. Each component area, including municipal corporations,

cities, towns, irrigation districts, and users contracting for a

substantial service from the district shall be entitled to
tion districts, and users

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contracting for a substantial service from the district may elect

their respective representation to the board of directors.

5. Each component area, including municipal corporations,

cities, towns, irrigation districts, and users contracting for a

substantial service from the district shall be entitled to

representation on the board of directors, in accordance with the

ratio which their individual, actual and contingent water storage

for which it has contractual obligations to the master conservancy

district bears to the total water storage for which there are

contractual obligations with said district. In fixing the number of

directors to represent a master conservancy district, each component

area or user contracting for a substantial service from the district

shall be entitled to at least one director, but no such area or user

shall be entitled to more than three directors. The total number of

directors and the representation of each such area or user may be

changed by the district judge whenever a reallocation is considered

by said judge to be necessary for providing proper representation.

Provided, however, that if a master conservancy district has been

organized on or before January 5, 1957, under the provisions of this

title, which has as a part of its purpose the inclusion of a

proposed irrigation district or districts, each such proposed

district shall be entitled to one representative on the board of

directors of the master conservancy district for a period of five

(5) years from the effective date of this act; provided, however,

that if the proposed irrigation district or districts, as

hereinabove described, are not legally organized and have not

executed a contract for the repayment of the irrigation costs with

the master conservancy district within the aforementioned five-year

period, then said offices of directors representing the irrigation

interests shall be discontinued and shall have no further

representation on said board of directors; provided, further, that

if the proposed irrigation districts are organized and have

contracted with a master conservancy district under the laws of this

state, then said directors shall be elected or selected as provided

in this section pertaining to the second board of directors.

The governing body of each such area or user such as a municipal

corporation, city, town, irrigation district, conservation district,

and/or other user may select or cause to be elected the person or

persons to represent them on the board of directors of the master

conservancy district and shall submit the name or names of those

selected to the district judge who shall appoint said person or

persons to membership on the board of directors. Only a freeholder

who is a qualified elector of this state as provided by law and

residing within any county in which the district or any part thereof

is located shall be eligible to be a member of the board of

directors. A person who is a nonelected employee of a municipality

that is a component area or a user of a master conservancy district

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shall not be eligible to be a member of the board of directors of

that district. Any person serving on a board of directors of a

master conservancy district as of the effective date of this act who

is not in compliance with the provisions of this paragraph shall be

allowed to serve the remainder of his or her term of office and

shall be eligible for reappointment or re-election to the board of

directors.

6. Vacancies occurring of unexpired terms of office on the

board of directors shall be filled through appointment by the

district judge upon the recommendations of the component area or

user authorized to make the original selection. The district judge

shall determine whether persons who have been recommended for
shall be eligible for reappointment or re-election to the board of

directors.

6. Vacancies occurring of unexpired terms of office on the

board of directors shall be filled through appointment by the

district judge upon the recommendations of the component area or

user authorized to make the original selection. The district judge

shall determine whether persons who have been recommended for

appointment hereunder are qualified as provided herein.

7. The board of directors first appointed, and those

subsequently appointed, or elected, are hereby authorized and

empowered to appoint a manager and such additional personnel as may

be necessary and proper for conducting the business of said

district; provided, however, that no employee of the district may be

a member of the board.

8. Upon expiration of the two-year term of office of directors

first appointed by the district judge, the next succeeding board of

directors shall be elected or appointed so that as nearly as

possible one-half (1/2) of their number shall serve a term of two

(2) years and the remainder for a term of four (4) years. The board

of directors shall meet and determine their respective term of

office by lot. Thereafter, at the expiration of their respective

term of office, directors shall be elected or appointed for a term

of four (4) years.

9. On the first Wednesday following each biennial election or

appointment of the members of the board of directors by the district

judge, as the case may be, they shall meet and organize as a board

and elect officers for service as provided above for the first

board.

10. The board of directors shall perform official actions by

resolution and a majority of their number shall constitute a quorum

for the transaction of any and all business of the district. All

official actions including final passage and enactment of all

resolutions must be approved by a majority of the board of directors

present, a quorum being present, at a regular or special meeting.

11. The board of directors shall hold regular meetings once a

month, the date thereof to be established in the district's bylaws

or by resolution. The president or any three members may call such

special meetings as may be necessary in the administration of the

district's business, provided that at least five (5) days prior to

the meeting date the secretary shall have mailed notice thereof to

the address which each member shall file with the secretary.

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Notices of special meetings may be waived in writing by any

director.

12. Each director shall be reimbursed for all necessary and

reasonable expenses incurred in the performance of his or her duties

pursuant to law, as provided for in the State Travel Reimbursement

Act. In addition to any reimbursement for necessary and reasonable

expenses received by the director pursuant to this paragraph, each

director shall be entitled to receive a per diem not to exceed One

Hundred Dollars ($100.00) per meeting for not more than two meetings

a month.