SB 1928: Water and water rights; prohibiting certain groundwater use; authorizing certain groundwater permit; removing certain meter use requirement; authorizing certain allocation; developing certain voluntary groundwater use measurement program; requiring certain certification; clarifying certain application. Effective date. - Oklahoma

Floor (House) → Floor (Senate) · 5 edits

MODERATE

The bill was amended to shift its focus from general groundwater waste prevention to specific conservation measures for large water users. The Senate version adds a new 'flex allocation' program allowing permit holders to exceed annual limits in exchange for a five-year cumulative cap, and it mandates a voluntary groundwater measurement program for irrigation districts and conservation districts.

Scope change

The scope narrowed from a broad prohibition on groundwater waste to a targeted conservation program for specific types of permit holders (irrigation and conservation districts) and large data center facilities.

REQUIREMENT

Added a requirement for irrigation and conservation districts to develop a voluntary groundwater measurement program to verify water usage.

Added a 'flex allocation' provision allowing permit holders to exceed annual water limits in any single year, provided the total usage over five years does not exceed the basin's total allocation.

ELIGIBILITY

Modified the cooling system requirements to specifically target data processing facilities, requiring closed-loop or low-consumptive technology for new permits.

TIMELINE

Changed the effective date for the conservation flex allocation program from January 1, 2027, to November 1, 2026.

ENFORCEMENT

Removed the provision allowing the Board to determine waste based on pollution activities regulated by other state environmental agencies.

House Committee Substitute for Senate Bill → Committee Substitute · 3 edits

MINOR

The bill was renumbered from a House Committee Substitute to a Committee Substitute, indicating it has moved to a different stage of the legislative process. The substantive text of the bill remains largely identical, with only minor formatting adjustments and a slight reordering of the summary description.

Scope change

No substantive change to the bill's scope or applicability.

TECHNICAL

The document title was updated from 'House Committee Substitute for Senate Bill' to 'Committee Substitute', reflecting a procedural change in the bill's status.

Minor formatting adjustments were made to the header, including spacing and the removal of the word 'ENGROSSED' from the title.

The summary of the bill's contents was slightly rephrased for consistency, but the list of topics covered (water rights, metering, conservation allocations, and reporting) remains the same.

Proposed Committee Substitute (full committee) 1 → House Committee Substitute for Senate Bill · 3 edits

MINOR

The bill was reformatted to remove the 'Proposed Oversight' label and updated with new page tracking numbers. The most significant substantive change is the expansion of the five-year groundwater flex allocation program to explicitly include new applicants and temporary permit holders, in addition to existing permit holders, provided they submit annual usage reports and pay fees.

Scope change

The bill's scope regarding groundwater allocation was broadened to include new and temporary permit holders, whereas previously it primarily addressed existing permit holders.

ELIGIBILITY

Expanded eligibility for the five-year groundwater flex allocation to include new applicants and temporary permit holders, not just existing ones.

REQUIREMENT

Added specific requirements for applicants to submit annual usage reports from a Board-approved measurement system and pay annual fees to qualify for the flex allocation.

TECHNICAL

Updated page tracking numbers in the document header and removed the 'Proposed Oversight' title.

Engrossed → Proposed Committee Substitute (full committee) 1 · 5 edits

MODERATE

The bill was completely rewritten by the House Committee to shift focus from a flexible allocation system to strict prohibitions on groundwater waste. The new version adds specific bans on using groundwater for air conditioning and data centers without recirculation, restricts drilling based on previous spacing rules, and mandates that pollution complaints be handled by the Department of Environmental Quality rather than the Water Resources Board.

Scope change

The bill's scope expanded to explicitly include data centers and air conditioning facilities as prohibited uses of groundwater, and enforcement jurisdiction for pollution cases was transferred to the Department of Environmental Quality.

REQUIREMENT

Added a prohibition on using groundwater for air conditioning or cooling without facilities to aerate and reuse the water.

Added a prohibition on using groundwater for cooling at data processing facilities or data centers through open-air evaporative cooling systems.

Removed the previous provision allowing a five-year flexible allocation that could exceed annual limits by up to 150%.

ELIGIBILITY

Modified the criteria for drilling wells to require compliance with well spacing previously determined by the Board.

ENFORCEMENT

Modified enforcement jurisdiction so that pollution complaints and investigations are now referred to the Department of Environmental Quality instead of the Oklahoma Water Resources Board.

Introduced → Engrossed · 3 edits · Mar 26, 2026

MINOR

The bill was amended to clarify that a five-year flexible water allocation allows permit holders to exceed their annual limit in any single year, provided they stay within the total five-year cumulative limit. A new provision requires non-participating permit holders to join a voluntary groundwater measurement program run by local districts, which must issue annual certifications to verify water usage. The maximum allowable overuse was also increased from 200% to 150% of the annual allocation in any given year.

Scope change

The bill now explicitly requires non-participating permit holders to enroll in a voluntary measurement program and obtain annual certification, whereas the original version did not mandate participation for those outside the flex allocation.

REQUIREMENT

Added a mandatory requirement for non-participating permit holders to join a voluntary groundwater measurement program and receive annual certification.

Increased the maximum allowed overuse from 200% to 150% of the annual allocation in any single year during the five-year period.

Clarified that the flexible allocation allows exceeding the annual limit in any specific year, as long as the total usage over the five years remains within the cumulative limit.

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