Water Export 8-1-12

Oklahoma Farm Bureau – Improving the Lives of Rural Oklahomans OKLAHOMA FARM BUREAU Farm Bureau is an independent, non-governmental, voluntary organization of farm and ranch families united for the purpose of analyzing their problems, and formulating action to achieve educational improvement, economic opportunity, and social advancement and thereby, to promote the national well-being.

MEMBERSHIP BENEFITS Farm Bureau membership provides tremendous value – from political representation for agriculture both state and nationally to a wide array of insurance and financial services. A few of the many benefits include:

• A $5000 reward program for information leading to a felony conviction of theft, arson or vandalism on an OFB member’s property when a Farm Bureau is local, county, state, national, and international in its scope reward sign is posted. and influence, and is non-partisan, non-sectarian, and non-secret in • The Discount Buyers Card offers savings on popular products character. Farm Bureau is the voice of agricultural producers at all levels. and services, such as a $500 discount on qualifying GM vehicles, discounted stays at Choice Hotels, reduced membership fees for Air Evac Lifeteam and many more!

HOW TO BECOME A MEMBER • OFB sponsors and runs two private-treaty cattle sales to offer cattle Farm Bureau members come from all walks of life; from agriculture producers and opportunity to sell small lots of cattle in front of a large and numerous other industries. Becoming a member is easy. For more group of potential buyers at the Southern Plains Farm Show and the information and to locate your nearest county office, visit our website at Tulsa Farm Show. okfarmbureau.org.

You may visit the county Farm Bureau office of your choice in person and fill out a membership application form, print out the application form from our website and mail it to the county office of your choice, or you can submit a membership application online at our website.

Visit your county Farm Bureau office for more details about these exciting benefits and more!

OKLAHOMA FARM BUREAU

®

2501 N. Stiles • Oklahoma City, OK 73105 • (405) 523-2300 • www.okfarmbureau.org

July 2012

®

Oklahoma Farm Bureau

Water Policy Policy adopted by elected voting delegates of the 77 member County Farm Bureaus to the 70th Annual Convention of Oklahoma Farm Bureau.

2012

Oklahoma Farm Bureau Water Policy OFB PROCESS OVERVIEW There have been questions regarding Oklahoma Farm Bureau’s policy positions on water. OFB’s positions on issues are developed from a member driven grassroots process, initiated in every county Farm Bureau, and then adopted by membership at the statewide annual meeting. These positions adopted through this grassroots process are put into an annual policy book. All positions taken by OFB are based on supporting policy adopted by membership. Questions about how OFB policy is created may best be explained by contacting local member leaders, such as county presidents or state directors.

Actions taken by staff are overseen by management and the state board and are undertaken to uphold and achieve OFB’s grassroots member policy. We urge members who have further questions about OFB water policy to call OFB staff.

Statewide Water Plan SUPPORT Increase Water Project & Infrastructure Funding OFB supports recapitalizing the revolving fund and funding more water retention.

Adopt Water Conservation, Efficiency, Recycling & Reuse OFB supports use of unused municipal water collections and desalinization for agriculture, where appropriate.

CONCERNS Adoption of Instream/Environmental/Recreational Flows Some believe ISFs will negatively affect groundwater rights. OFB opposes the use of conjunctive use management anywhere in Oklahoma.

Adoption of State/ Tribal Water Consultation and Resolution We oppose any compact between the State of Oklahoma and any Native American tribes to allow control and the sale of our water without full legislative review and approval by the House and the Senate. Governmental sovereignty should not take precedent over citizens’ private property rights.

OFB’S ACTIONS ARE BASED ON GRASSROOTS POLICY DEVELOPMENT Generally, OFB takes action when the private property rights of members are threatened.

The protection of private property rights has always been a cornerstone of the OFB organization. Many of the decisions OFB has made concerning water are based on this important tenet of OFB. OFB supports the needs of those in rural Oklahoma, production agriculture and Oklahoma’s farming and ranching families. A mainstay of that support is ongoing assurance that rural Oklahomans and production agriculture will retain their property rights, including water and water rights. OFB has policy against the sale of water out of state. OFB supports rural water districts.

Sardis Lake Lawsuit OKLAHOMA FARM BUREAU POLICY POSITION Oklahoma Farm Bureau wants to protect private property rights.

The OWRB is an agency of the State of Oklahoma and represents all citizens of Oklahoma. The State has been in charge of protecting and allocating water resources for more than a century for the benefit of all Oklahoma citizens. Agricultural producers have water rights under this management system. It is unknown how these existing water rights held by producers would be affected under management by Tribal Nations. Additionally, while all Oklahoma citizens have a voice in the state government, not all Oklahomans have a voice in tribal governments.

• Water in the basin of origin should be protected for use within the basin when granting permits to use water outside the basin.

• Governmental sovereignty should not take precedent over citizens’ private property rights.

• OFB opposes any effort of a tribe to extend their sovereignty to non-tribal lands or people.

• OFB supports protecting private property rights by prohibiting tribal regulation on private property.

• OFB supports water rights regulation by the OWRB and opposes the transfer of control of water quality to tribes.

AN INTRODUCTION TO OKLAHOMA WATER LAW Some basics of Oklahoma Water Law may help explain OFB’s positions on water issues.

OKLAHOMA WATER LAW • Under current law, groundwater and surface water are managed separately.

• There is one set of laws for groundwater and one set of laws for surface water.

STREAM & SURFACE WATER LAW • Water found in streams, lakes and rivers is considered public water. It can be used by any person who obtains a permit from the Oklahoma Water Resources Board (OWRB), if the water is available.

• Public water is permitted, subject to availability, on a “first in time, first in right” basis.

GROUNDWATER LAW • Under Oklahoma law, property owners own the groundwater beneath their property.

• The ownership and usage of groundwater under an individual’s property is a private property right.

Arbuckle-Simpson Aquifer BACKGROUND OFB supported legislation (SB 288) to require a scientific study to determine what amount of groundwater could be used, while still protecting springs and streams and the groundwater quantity for those persons within the basin.

After completing the study, the OWRB proposed an extremely small amount of water that could be withdrawn from the basin, approximately 2 inches per acre each year.

WHY DID OFB OPPOSE THE WATER LIMIT? OFB supports protecting our water resources. However, the OWRB’s proposal would critically limit the ability of landowners’ use of water as private property. OFB believed that more than 2 inches per acre each year could be withdrawn from the aquifer and still protect the integrity of the aquifer. OFB had some serious concerns about the science used to determine the number.

CONJUNCTIVE USE MANAGEMENT • Conjunctive management is managing groundwater and surface water together.

• The only place where conjunctive use management could be used is in the Arbuckle-Simpson aquifer.

OKLAHOMA FARM BUREAU POLICY POSITION • OFB supports domestic use of water as a private property right.

• OFB members say groundwater rights and control of groundwater rights need to remain the organization’s top priority of private property issues.

• OFB opposes the use of conjunctive use management.

• OFB supports the property owner’s right to use water on their property.

Selling Water Out of State CURRENT LAW Current Oklahoma law requires the OWRB to ensure the users within a stream system have all of the water required to adequately supply their beneficial uses. Other law prohibits the OWRB from granting any application for water where the water would be transported out of state for use, unless the Legislature approves the sale and transfer.

OKLAHOMA FARM BUREAU POLICY POSITION • The State should avoid selling water or water rights out of state, if legally possible.

• OFB opposes any compact between the state and any tribes to allow control and the sale of water to Texas or another entity without full legislative approval.

• The legislature should adopt a law to protect Oklahomans’ water interests in any out-of-state transfer or water sale.

• We oppose the use of eminent domain to sell water out-of-state.

OFB and others stakeholder joined together to provide legal briefings, including expert testimony from the nation’s foremost expert on groundwater modeling. The OFB consultant critiqued the United States Geological Survey model used to support the OWRB’s proposal and found it to be flawed and non-credible. The consultant concluded the model was so flawed that the model should not be used to determine any proposed amount.

OKLAHOMA FARM BUREAU POLICY POSITION • OFB opposes the use of conjunctive use management anywhere in Oklahoma. OFB supports meeting the needs of private property owners’ groundwater rights, in conjunction with the conjunctive use of groundwater in meeting stream water needs.

• OFB supports property owners’ rights to use any water above or below the ground on their property.

OKLAHOMA FARM BUREAU

®