Senate Bill 965 in Rough Water
Getting a water plan put together is one thing. Implementing it is something completely different.
The Oklahoma Comprehensive Water Plan was a statewide effort involving hundreds of hours of public meetings and discussions over a five year period. The final plan was approved by the state legislature in 2012. But
the implementations of the recommendations are moving slowly.
A good example is Senate Bill 965, which would reconfigure the Oklahoma Water Resources Board, shifting from membership based largely on population to membership based on water planning regions. The bill does not actually create the water planning regions. It merely changes the formula for seating an OWRB board member from a population basis to a water basin basis.
The bill has drawn the line between the urban parts of the state and the agricultural industry in rural Oklahoma. Opponents of the bill point out that SB 965 would, over a six-year period, replace five members appointed from the five congressional districts and four members appointed at-large with nine members — one from each of the nine planning regions in Oklahoma’s 1995 Comprehensive Water Plan. The new formula would generate some odd representation:
- Oklahoma, Cleveland, Canadian, McClain and Pottawatomie counties in central Oklahoma — with an estimated 2012 population of 1.2 million — would get one board member.
- Beaver, Cimarron and Texas counties in the Panhandle — with an estimated 29,474 residents — would get one board member.
- Nine counties in southeastern Oklahoma with an estimated population of 184,583 also would get one board member.
Proponents of the bill argue that Oklahoma’s agricultural industry uses approximately half of the water in the state while providing billions of dollars of income for Oklahoma. When crop and livestock production are combined, the Panhandle counties are three of the top four agricultural production counties in the state. And while production has increased over the years, water usage has decreased. The agricultural industry points out that water usage in Oklahoma City has increased with very few conservation efforts.
OWRB Executive Director J.D. Strong says regional planning was “the most popular water plan recommendation among citizen participants because it allows them to engage more formally in how water resources are planned at the local level and managed by the state.”
Infographic: Millennials are Driving Less than Previous Generations
Created by the U.S. PIRG based on their new report, “A New Direction: Our Changing Relationship with Driving and the Implications for America’s Future.
Friday, May 17th is Bike to Work Day
A growing network of bicycle trails and routes means more bicyclists across Central Oklahoma and 2013 is shaping up to have the most successful Bike to Work Day yet. This year’s official day will be celebrated throughout the Central Oklahoma region Friday, May 17.
EPA and North Carolina State University Hosts Webinar Series on Climate Change Adaptation
North Carolina State University, in cooperation with EPA’s Office of Strategic Environmental Management, will host a virtual Symposium on climate change adaptation for states, tribes and local governments to be offered in a series of twelve on-line sessions over two weeks. The series will bring together tribal, state and local stakeholders, EPA representatives, and experts from a variety of sectors to consider the impact of EPA’s new Climate Change Adaptation Plan on the implementation of federal environmental programs, and to present case studies, tools and solutions to some of the most pressing climate change adaptation challenges.
Individual webinars are stand-alone educational opportunities for governments, planners and policy makers, and participants can attend one or more webinars as meets their particular needs. Participants will obtain the most current knowledge and information applicable to states, tribes and communities on adaptation practice and implementation to build community resiliency.
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Date/Time (EDT) |
10:00-11:30am |
11:30am-1:00pm |
1:30-3:00pm |
3:30-5:00pm |
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June 3 |
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June 4 |
Adapting to Air Quality and Health Impacts of Climate Change |
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June 10 |
Incorporating Emergency Preparedness and Hazard Mitigation into Adaptation Plans |
Risk Management and Insurance Strategies related to Climate Change |
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June 11 |
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June 12 |
ACOG Water Calendar
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EVENT |
SPONSOR |
DATE |
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AWWA |
MAY 5-11 |
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CLE International |
May 9-10 |
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OWRB and FEMA |
May-16 |
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OWRB and OCC |
May-23 |
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Resource Institute |
May 28-30 |
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ACOG and GWA |
May-27 |
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OK State Extension |
May-31 |
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Public Meeting Draft FY 2014 Intended Use Plan and FY 2014-18 CWSRF Project Priority List |
OWRB |
Jun-04 |
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AWWA |
Jun 9-13 |
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EPA |
June 16-21 |
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EPA |
Jun 29 – Jul 21 |
Supreme Court Justices wade into Red River dispute
“You read this brief that you submitted and it gives you a kind of a headache,” remarked Justice Elena Kagan during the hearings on April 23rd.
Welcome to the world of water law.
What lies before the Supreme Court justices is murky indeed. On the surface seems to be a relatively simple question: Can Oklahoma deny the Tarrant Regional Water District’s application for water under the Red River Compact? The answer will shape the course of water planning in both states for decades to come. And the impact will be felt far beyond the Red River.
This case concerns water in the basin that encompasses territory in Texas, Oklahoma and Arkansas. Tarrant Regional Water District argues that the compact means Texas has a right to 25 percent of the sub-basin’s water above a certain level. Tarrant, representing two million customers in the Dallas-Fort Worth area, applied for water from an Oklahoma tributary to the Red River. Oklahoma responded by placing a moratorium on out-of-state water transfers until the Oklahoma Comprehensive Water Plan was completed in 2012. Texas officials referred to Oklahoma’s response as “a panoply of expressly discriminatory state laws”. “It is quite clear that all of the states have equal water rights,” Tarrant’s attorney Charles A. Rothfeld told the justices, adding that “Oklahoma is now trying to back out of that bargain.”
The state of Oklahoma looks at the situation a bit differently. Rejecting the idea each state has a right to 25 percent of the basin’s water, Oklahoma insists that Texas must first obtain state approval, with the compact in place to ensure no state gets more than 25 percent of the basin’s water. “What they are asking for is unprecedented,” said attorney Lisa S. Blatt, representing Oklahoma. “There has never been a cross-border diversion, ever, under any state water compact.” Selling water to Texas is not a popular idea in Oklahoma. This was made evident across the state during the numerous public meetings of the 2012 Oklahoma Comprehensive Water Plan.
Under what’s called the “dormant commerce clause” of the Constitution, the Supreme Court may strike down state laws that erect barriers or discriminate against other states, but that larger constitutional question barely arose Tuesday. Justice Anthony Kennedy, in at least a partial hint of how a final decision will look, said the commerce clause “doesn’t have much to do with the case.” He said it will depend strictly on the terms of the Red River Compact itself.
A decision is expected in June.
ACOG Staff Begins Congestion Management Process
Demand for highway travel continues to grow as population increases, particularly in metropolitan areas. Construction of new highway capacity to accommodate this growth has not kept pace and congestion has continued to rise.
OKC to Hold Modern Streetcar 101 Community Meeting May 9th
The public is invited to learn about the MAPS 3 Modern Streetcar, streetcar operations and how they are being used around the country by attending a Modern Streetcar 101 community meeting hosted by the City of Oklahoma City and Jacobs Engineering. The meeting will be held at 6 p.m., Thursday, May 9 on the fourth floor of the Downtown Public Library, 300 Park Avenue. Participation is free and registration is not necessary.
Oklahoma City Implements Outdoor Watering Conservation Program
In response to the toll that the ongoing drought has taken on lake levels, the Oklahoma City Council approved new progressive water conservation measures for all Oklahoma City residential and commercial water customers. Conservation measures will now be triggered based on the capacity of all six water supply reservoirs. Other cities that use Oklahoma City water are required to abide by the same program, unless a similar or stricter program is in place.
In addition, the City Council also approved an amendment for restrictions on use of water by establishing new penalties for violations of water use restrictions. Penalties for failure to comply are increasing fines of $119, $269 and $519.
The various stages of conservation are as follows:
Stage 1
Mandatory Odd/Even Lawn Watering
Lake capacity trigger – All the time
Last number of the building address – 1, 3, 5, 7, 9 – water odd number days
Last number of the building address – 0, 2, 4, 6, 8 – water even number days
Stage 2
2-day-Week Lawn Watering
Lake capacity trigger – 50 percent or less
Single-family resident address ends in odd number– Saturdays & Wednesdays
Single-family resident address ends in even number – Sundays & Thursdays
All others – Tuesdays & Fridays
(duplexes, triplexes, homeowner association properties, commercial, industrial, government)
Stage 3
1-day-Week Lawn Watering
Lake capacity trigger – 45 percent or less
Single-family resident address ends in 1 or 3 – Saturday
Single-family resident address ends in 5, 7 or 9 – Wednesdays
Single-family resident address ends in 0 or 2 – Sundays
Single-family resident address ends in 4, 6 or 8 – Thursdays
Duplexes, triplexes, homeowner association properties – Tuesdays
Commercial, industrial, government, etc. – Fridays
Stage 4
Hand Watering Gardens and Flower Beds Only
Lake capacity trigger – 40 percent or less
Hand Watering Gardens & Flower Beds Only
Commercial Car Washes with Water Recycling Operations Only
Stage 5
Ban on all Outdoor Watering & Washing Vehicles
Lake capacity trigger – 35 percent or less
For more information, go to http://www.okc.gov/watering/#stages
New Changes in Store for Floodplain Management
Flood management and flood insurance is facing rapid changes in the next few years as the Biggert-Waters Flood Insurance Reform Act reforms start to take shape. Subsidized rates were removed for any business property, any severe repetitive loss property, and any residential property that was not the primary residence of an individual. The rates are allowed to be raised by 25% per year until actuarial rates are achieved.
In addition, when flood maps change, a property that has higher rates as a result of a new map shall have the new rates phased in over a five-year period at 20% per year. Premium rate adjustments due to map changes take effect on the effective date of the new map.
The reform act also amends the Real Estate Settlement Procedures Act (RESPA) to require explanation of the availability of flood insurance under the NFIP or through private insurance for properties both in and out of Standard Flood Hazard Areas (SFHAs).
Finally, the reform establishes an on-going National Flood Mapping Program. Flood maps must show 100-year and 500-year floodplains for all populated areas and areas of possible population growth, as well as areas with residual risk behind levees or below dams. The act also requires mapping of the level of protection provided by flood control structures as well as requiring that new flood maps use the most accurate topography and elevation data available. The flood maps will also now be developed on a watershed basis rather than political subdivisions such as a county or town.
For more information, go to the Oklahoma Floodplain Managers Association at www.okflood.org
ACOG Staff
JA Church
Yvonne Anderson
Holly Massie
Darla Hugaboom
Ryan Baker
Brian Schroeder
John Harrington
