House Bill 1483 passed the Senate with a unanimous vote in the flurry of the remaining two days of the legislative session. The bill would require the Oklahoma Water Resources Board to ensure enough water is available for Oklahoma’s needs and scrutinize a potential buyer’s need and purpose for the water. The board could not issue a permit for out-of-state water usage without legislative approval.
The bill comes months before the end of a moratorium on the sale of water out of state. The ban, put in place by the Legislature five years ago, was set to expire in November. The state is currently involved in a lawsuit with Dallas and Tarrant County, Texas, which want to buy water from southern Oklahoma. The trial is expected to begin in December.
"This gives us better footing to stand on in the lawsuit,” said Sen. Jerry Ellis, D-Valliant, who opposes out-of-state water sales. "It puts the burden of proof on Texas now.”
Language in the bill is similar to a provision in a New Mexico law that requires the state requesting water to demonstrate a need and the state selling water to demonstrate there is excess water available.
The bill also would require the Water Resources Board to review state water needs every five years. Permits to sell water outside the state would have to be reviewed every 10 years. If Henry OKs it, the measure will take effect immediately.
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