OWRB UPDATE 2015-2016 - rrva.orgrrva.org/08192016/OWRB Update.pdf · augmented with reclaimed...

OWRB UPDATE

2015-2016

Robert D. Singletary, General Counsel

Oklahoma Water Resources Board

OWRB Update:

2015-2016 Federal Regulatory Activity

o WOTUS

State Regulatory Activity

o Water for 2060

o Water Reuse

o Aquifer Storage and Recovery

o 2016 Legislative Update

State Judicial Activity Related to Oklahoma Water Law Regulation

o OFBLF, et al. v. OWRB

o Tribal Water Settlement

›OWRB Update 2015-2016

• Federal Regulatory Activity›WOTUS

• State Regulatory Activity›Water for 2060

›Aquifer Storage and

Recovery

›Water Reuse

› 2016 Legislative Update

• State Judicial Activity ›OFBLF, et al. v. OWRB

›Tribal Water Settlement

WOTUS

WOTUS Rule (renamed "Clean Water Rule: Definition of 'Waters of the United States'")

o Final Rule published in Federal Register on June 29, 2015

Judicial Challenges (multiple jurisdictions/parties):

o Oct. 9, 2015, 6th Circuit issued nationwide stay of the Rule

Legislative Challenges (dual-track approach):

o Funding

o Substantive

o Legislative efforts ongoing

State Regulatory Activity

Water for 2060

Water Reuse

Aquifer Storage and Recovery

2016 Legislative Update





Recovery

›Water Reuse




Water for 2060

STATE REGULATORY ACTIVITY–

WATER FOR 2060

Water for 2060 Act (codified in 82 O.S. §1088.11 (2012)):

o Goal - Consuming no more fresh waterin year 2060 than was consumedstatewide in 2012, while continuing togrow the population and economy ofthe State

o Achieved by - Utilizing existing watersupplies more efficiently; and expandinguse of alternatives such as wastewater,brackish water, and other nonpotablesupplies.





Recovery

›Water Reuse




Bold, Yet Attainable Goal

Final Report Submitted!

Aquifer Storage & Recover

in Oklahoma

Aquifer Storage and Recovery

o Concept

o Benefits

o Water Quality

o Water Rights





Recovery

›Water Reuse




ASR Wichita Tour

Potential ASR Sites

ASR: 2012 Update of OCWP

S.B. 1219 -

o Addresses water rights issue

o OWRB authority to issue permits for use of stored water

o Requires approved Site-Specific Aquifer Storage and Recovery Plan

o Recognizes that storage and recovery of water from an aquifer pursuant to an approved SSASRP is a beneficial use and not waste

S.B. 1219 (Cont.) -

o Protects domestic and permitted groundwater uses

o Use of ASR water is in addition to domestic or permitted groundwater use provided in Oklahoma Groundwater Law

o Limits permitted withdrawals to the amount of Applicant’s stored water that is accessible

S.B. 1219 (Cont.) -

o OWRB shall issue ASR permit if:

1. OWRB approved the SSASRP;

2. Applicant has legal access to water stored pursuant to SSASRP;

3. Applicant stored or caused to be stored subject water pursuant to and in compliance with ODEQ water quality permit; and

4. Stored water is available for use as described in the application.

Water Reuse in Oklahoma

S.B. 1187 (2014)

OAC § 785:45 (2016)





Recovery

›Water Reuse




Water Reuse: S.B. 1187

S.B. 1187 (2014) - Authorizes ODEQ to consider and issue permits for point-source discharges into sensitive public and private water supplies.

o Important legislation for communities with long-term water plans that rely heavily on water reuse to augment their water supply.

S.B. 1187 specifically provides:

[ODEQ] shall issue permits for point-source discharges into sensitivepublic and private water supplies, as defined by the rules of the[OWRB], where such discharges do not contain concentrations ofpollutants greater than the existing concentrations of such pollutantsin the receiving water body. The issuance of such permit by [ODEQ]shall not be considered a violation of the anti-degradation provisions ofthe State’s water quality standards.

Water Reuse: OWRB Rules

OAC § 785:45 – Excerpts:

o "'SWS-R' means waterbodies classified as sensitive public andprivate water supplies that may be augmented with reclaimedwater for the purpose of indirect potable reuse.”OAC 785:45-1-2.

o “Waters designated ‘SWS-R’ are those waters of the state whichconstitute sensitive public and private water supplies that may beaugmented with reclaimed municipal water for the purpose ofindirect potable reuse (IPR). SWS-R waterbodies are identified inAppendix A of this Chapter. These are waters currently used aswater supply reservoirs, that generally possess a watershed ofless than approximately 100 square miles, or as otherwisedesignated by the Board.” OAC 785:45-5-25(d)(8)(A).

Water Reuse: OWRB Rules Approved

OWRB Rules - Sensitive Water Supply-Reuse (“SWS-R”):

o Creates a new antidegradation classification for SWS-R;

o Not intended to reclassify any waterbody as SWS-R;

o Requires a minimum level of effluent quality be achieved;

o Protects all existing and designated beneficial uses; and

o Requires nonimpairment of human health during record drought.

Promulgation Process –

o NPR published in Oklahoma Register on Dec. 1, 2015.

o Comment Period ended/Public Hearing held on Jan. 19, 2016.

o Board approval of the rules on Feb. 16, 2016.

o Declaration approving rules signed by Governor on June 9, 2016.

2016 Legislative Update

S.B. 16:

o Allows OWRB to meet 9 times per year (instead ofmonthly)

S.B. 1122:

o Requires OWRB, OCC, and ODEQ to encourage industrialuse of water produced from Oil & Gas operations

S.B. 1219:

o Authorizes OWRB to issue ASR permits (for withdrawalof stored water) and to promulgate rules

2016 Legislative Update (Cont.)

S.C.R. 33:

o Urges Federal Government to reform crop insurancerequirements that require crops to be irrigated beyondpoint of failure in order to “prove out” insurance claim

H.B. 2446:

o Declares protection of beneficial uses of water to be a“compelling state interest”

o S.Q. 777

State Judicial Update

Oklahoma Farm Bureau Legal Found., et al. v. OWRB, No. Civ-2013-2414 (Dist. Ct. Okla. Cnty. Oct. 7, 2015):

o S.B. 288 (enacted in 2003 and codified in 82 O.S. §§ 1020.9A,1020.9B, and 1020.9(A)(1)(d))

• S.B. 288 is the only legislative recognition of a connectionbetween groundwater and stream water in Oklahoma'ssystem for administration of rights to the use ofgroundwater.

• S.B. 288 prohibited OWRB from issuing groundwater permitswhich would reduce the “natural flow” of springs andstreams emanating in whole or in part from “sensitive solesource groundwater basins.”

State Judicial UpdateArbuckle-Simpson Groundwater Basin

State Judicial Update (Cont.)

Oklahoma Farm Bureau Legal Found., et al. v. OWRB:

o Arbuckle Simpson Maximum Annual Yield Determination - FinalOrder ("MAY Order")

o OWRB implementation of S.B. 288 through the MAY Order,which established the maximum amount of groundwater to bewithdrawn annually under permits from the Arbuckle-Simpsongroundwater basin.

o Where temporary permits had previously authorized thewithdrawal of up to 2 acre-feet per acre of land overlying theaquifer (82 O.S. § 1020.11(B)(2)), OWRB’s MAY Order limitedthat amount to 0.2 acre-feet per acre.

Oklahoma Farm Bureau Legal Found., et al. v. OWRB:

o District Court Decision

- Challenges to the MAY Order included, among other things, that the resulting restriction on the use of groundwater (a private property right in Oklahoma (60 O.S. § 60)), was a “taking” of private property that required compensation under the Oklahoma and U.S. Constitutions.

- District Court disagreed and affirmed OWRB's MAY Order.

o District Court Decision appealed

- Status

- Regular groundwater permits issued

State Judicial Update (Cont.)

State of Oklahoma, Chickasaw Nation, Choctaw Nation of

Oklahoma, City of Oklahoma City Water Settlement

(“Tribal Water Settlement”)

Tribal Water Settlement

Historic – first in our state, first of its kind

Product of 5 years of intense deliberation

Already approved by OWRB, Choctaw & Chickasaw Nations, and Oklahoma City

Now heads to Congress for approval by them and the Federal government (hopefully!)


Settles litigation, settles competing claims

o Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.)• Resolves disputes related to ownership, regulatory control, and use

of water by the Nations

• Statewide and specifically w/in 22 county area historic treaty territory (“Settlement Area”)

o OWRB v. United States, et al., CIV 12-275 (W.D. Ok.)• General stream adjudication


Recognizes and protects existing water rights, including use by the Nations

Maintains consistency of OWRB administration of water rights statewide, including SE Oklahoma

OKC and surrounding metro get water needed for future growth and prosperity

SE Oklahoma has long-term water needs protected, including water for tourism and recreation

State’s debt and other obligations to the Federal government will be resolved


Nations’ claims to water ownership and control are broadly and forever waived, but they have

o Role in future technical reviews of large out-of-basin transfers

o Protection of long-term water needs in SE Oklahoma, including tourism and recreation

o Protection of Sardis Lake levels and Kiamichi River flows with requirements for water conservation and drought contingencies in OKC

o Sardis/Atoka conservation fund

o Process to meet future water needs


Out-of-state water use?

o Still prohibited without approval of Oklahoma Legislature

o Establishes commission with State and Nation representation to review proposals and make recommendations to the Legislature

o If approved by Legislature, any proceeds would be devoted to public water infrastructure grants

o SE Oklahoma is prioritized for grant funding, though not a monopoly

Robert D. Singletary

Oklahoma Water Resources Board3800 North Classen BoulevardOklahoma City, OK 73118Ph: 405.530.8800 • Fx: 405.530.8900www.owrb.ok.gov • @OKWaterBoard

Questions?

General Counsel

[email protected]

OWRB UPDATE 2015-2016 - rrva.orgrrva.org/08192016/OWRB Update.pdf · augmented with reclaimed...

Documents

Transcript of OWRB UPDATE 2015-2016 - rrva.orgrrva.org/08192016/OWRB Update.pdf · augmented with reclaimed...