Oklahoma Statutes

Okla. Stat. tit. 82, § 1085.22 (2026)

Sale, transfer or lease of storage facilities

✓ current as of July 2026

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For the purpose of providing water for municipal, agricultural, industrial and other uses the Commission is required to sell, transfer or lease, in whole or in part, any acquired storage facilities including land or interests therein to any municipality, industry or other local interests, upon the request of the contracting party at the conclusion of the pay-out of the storage, except that any such party requesting title shall be responsible for

the pro rata part of the maintenance and operation costs of such storage. In no event shall the Commission require any payment for such transfer in excess of the costs to the Commission of the construction and operation of the storage facility and the interest on obligations of the Commission. The Commission shall not permit the sale or resale of any water for use outside the State of Oklahoma. Where lands or interest therein are acquired by the Commission and not utilized for the purposes for which it was acquired, or which have been utilized but such utilization has ceased, then, after ten (10) years from the date of acquisition, or ten (10) years from the date utilization ceased, as the case may be, such land must be sold at public auction to the highest bidder; and mandamus by any interested party will be to require such sale. Added by Laws 1972, c. 253, § 22.

Notes of Decisions

Cited in 3 cases, 2008–2011 · leading case: City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011).

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City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011). · cites it 2× “16 (B), which exempts from a requirement that permitted water be put to beneficial use within seven years only those water permits that, inter alia, "promote the optimal beneficial use of water in the state"; and Okla. Stat. tit. 82, § 1085.22 , which prohibits permitting for…”

Tarrant Reg'l Water Dist. v. Sevenoaks, 545 F.3d 906 (10th Cir. 2008). “16 (B), which the plaintiffs contend discriminatorily provides for surface water appropriations exceeding seven years only when the use will benefit Oklahoma; Okla. Stat. tit. 82, § 1085.2 (2), which prohibits the OWRB from contracting to convey title or allow the use of water…”

Tarrant Reg'l Water Dist. v. Herrmann, 656 F.3d 1222 (10th Cir. 2011). “Some of the statutes that Tarrant challenges as treating in-state and out-of-state water use differently predate the signing and ratification of the Compact and would have been familiar to the Compact’s drafters.”

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