action alert

action alert more on the water sale issue

LOBBY DAY NEXT WEDNESDAY, APRIL 10TH!

We will meet in the House lounge at 12:30 for talking points and then get to work. The Senate and the Governor's office need to see that people all over the state want to protect Oklahoma's water for Oklahoma's uses!

House Bill 2895 has survived the latest two challenges but not without serious damage. Yesterday, the bill was heard as a committee substitute in the Natural Resources Subcommittee of the Appropriations Committee. There was only one "no" vote--Sen. Mike Fair. It passed the Appropriations Committee today with no amendments and two "no" votes--Mike Fair and Robert Milacek.

Here are key changes in the bill:

Original bill provided for a widely divergent citizens committee to examine issues critical for a long-range water plan with the goal of presenting recommendations to the legislature. The legislature, in turn, would pass these instructions to the Water Resources Board for preparation of the long-range plan. One reason for the divergent citizens committee was to "wire around" the Water Resources Board. No member of the water coalition believes that the OWRB has acted in good faith to plan for and protect the uses of the water resources of the State of Oklahoma. The agency publishes a decennial "Comprehensive State Water Plan" which is really not a plan but rather an inventory of state waters. At the back of the document is a section of issues that need to be addressed, such as aquifer depletion, drought, etc. The citizens committee would have directed the OWRB to evaluate certain information in order to bring those issues to resolution.

The new version eliminates the citizens committee and replaces that study with a legislative interim study group formed of 7 House members appointed by the Speaker, 7 Senators appointed by the Pro Tem, and the governor or his designee.

Original bill provided for a five-year moratorium on out-of-state water sales unless lifted by the legislature. New version includes a two-year moratorium.

Original bill said that the State-Tribal Relations committee could no longer compact on issues of mutual interest that include water. New version includes language that puts a two-year moratorium on any water compact "which is drafted in whole or in part to authorize or otherwise implement any sale or exportation of surface water or groundwater outside this state..." THIS LANGUAGE IS NOT TIGHT ENOUGH TO PREVENT THE PROPOSED STATE-TRIBAL WATER COMPACT FROM BEING ENACTED! That compact speaks of "uses" of water out-of-state but does not expressly "authorize" or "implement" such uses. That would be done in another interstate water supply compact involving Oklahoma, Choctaw Tribe, Chickasaw Tribe and Texas.

We believe that Sen. Easley understands the problem with the language and will rectify it. He has done a very good job presenting the bill in committee. You should thank him for his efforts and encourage him to continue to do the right thing for the State of Oklahoma. There is a lot of pressure on him. His e-mail address is: easley@lsb.state.ok.us .

The next hurdle--and it will be HUGE--is getting a favorable Senate conference committee. Billy Mickle is in charge of the appointments and he is WAY on the other side of this issue. Any of you who have influence with Billy Mickle--now is the time to use it. We could expect him to appoint Gene Stipe, Jeff Rabon and Mike Fair. Stratton Taylor can influence the conferee appointments. If you have influence with him, please ask him for a fair conference committee.

We must remain continually involved in the legislative process to ensure the success of this bill.

That was the GOOD NEWS. Now for the BAD NEWS.

Right before the Subcommittee met yesterday, we found out that HJR 1038 (vote of the people on out-of-state water sales) would not be heard. A couple of us visited with Bruce Price, the Senate author. He said that a leadership deal, cooked up the night before, had required him to pull the bill. He was assured that the bill was not necessary because we still had HB 2895. We told him that we were uneasy because Gov. Keating has said he will veto HB 2895. The other bill was our safeguard. Price said that he did not know that Keating had threatened a veto but that he hadn't been allowed much choice in the matter. HJR 1038 would never have crossed the governor's desk because it included ballot language for the state vote. The people, in effect, would have signed it into law.