Lake Section	Characteristics
Areas of Special Concern
Scotty’s Cove	Physical: Scotty’s is a relatively short and narrow cove with multiple inlets. The cove has a high level of residential and commercial development. Water depth in main channel ranges roughly from 10 to 92 ft. The shoreline is irregular in shape and well developed with residential and commercial structures. Resource: GRDA identified no sensitive resources excerpt at the back of the cove due to shallow waters and mud flats. Water quality is identified as Primary Body Contact Recreation beneficial use. Social: Scotty’s Cove is a high development area. This lake segment experiences boating use below the estimated capacity (approximately 15 percent) during normal weekends and approximately 54 percent on holiday weekends. The cove is home to relatively few (±2) marinas and commercial outfits offering support facilities for boaters and public access to the water. It is generally preferred to maintain current use mixes.
Ketchum Cove	Physical: Ketchum is a long and narrow cove with high level of residential and commercial development. Water depth ranges roughly from 2 to 62 ft. The shoreline is irregular in shape and well developed with residential and commercial structures. Resource: There are areas of wetlands present in Ketchum Cove. The shoreline at the back of the cove is a “sensitive area” in the SMP due to shallow waters and mud flats. Water quality is identified as Primary Body Contact Recreation beneficial use. Social: Ketchum Cove is a high development area. This lake segment experiences boating use below the estimated capacity (approximately 4 percent) during normal weekends and at approximately 14 percent on holiday weekends. Approximately 27 marinas and commercial outfits offer support facilities for boaters and public access to the water in the cove. It is generally preferred to maintain current use mixes.
Duck Creek	Physical: Duck Creek is a long and narrow cove with high level of residential and commercial development. Water depth in main channel ranges roughly 12 to 65 ft. The shoreline is irregular in shape and well developed with residential and commercial structures. Resource: GRDA identified no sensitive resources on except at the back of the cove due to shallow waters and mud flats. Generally, water quality is identified as Primary Body Contact Recreation beneficial use. Water quality may suffer temporarily on peak-use weekends. Social: Duck Creek is a high use area. This lake segment experiences boating use below the estimated capacity (approximately 2 percent) during normal weekends and at slightly over 10 percent on holiday weekends. Special boating regulations are in place for Duck Creek during peak-use holiday weekends as a result of heavy development and boating traffic. Approximately 5-10 marinas and commercial outfits offer support facilities for boaters and public access to the water populate the creek. It is generally preferred to maintain current use mixes.

9.0 Permitting and Inspection

As the recipient of a federal license and under its enabling legislation, GRDA is responsible for supervision and control of the uses and occupancies for which it grants permission. Additionally, FERC requires GRDA to monitor compliance with any permits or conveyances they issue. Appendix E contains FERC license articles that pertain to shoreline management. Article 410, FERC’s “Standard Land Use Article” details the uses a licensee may permit on Project lands and defines those uses that require additional FERC approval.

9.1 Article 410, “Standard Land Use Article”

The following discussion is only a summary and paraphrase of Article 410 designed to provide an overview of FERC’s requirements. Appendix E contains the actual license article.

FERC has delegated GRDA the authority to issue permits without prior FERC notification or approval for the following non-Project use of Project lands. GRDA may only permit these if they are consistent with the Project purposes of protecting and enhancing the scenic, recreational, and other environmental values of the Project:

· Landscape plantings;

· Non commercial piers, landings, boat docks or similar structures and facilities than can accommodate no more than 10 watercraft at a time and are intended to serve single-family type dwellings; and

· Embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline. Before granting permission for the preceding, FERC requires GRDA to:

o Inspect the site of the proposed construction;

o Consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site; and

o Determine that the proposed construction is necessary and would not change the basic contour of the reservoir shoreline.

GRDA may convey easements, rights of way across, or leases of project lands for the following, but must provide FERC with an annual report describing these conveyances.

1) Replacement, expansion realignment, or maintenance of bridges and road for which all necessary state and federal approvals have been obtained;

2) Storm drains and water mains;

3) Sewers that do not discharge into the project waters;

4) Minor access road;

5) Telephone, gas and electric utility distribution lines;

6) Non-project overhead electric transmission lines (that do no require erection of support structures within the Project boundary;

7) Submarine, overhead, or underground major telephone distribution cables or major electric distribution lines; and

8) Water intake or pumping facilities that do not extract more than one million gallons per day from a Project reservoir.

For the following conveyances and permits, GRDA must provide FERC with 45 days notice of the proposed conveyance, in which time FERC may request GRDA file an application for formal approval of the conveyance by FERC.

1) Construction of new transportation infrastructure;

2) Sewers or effluent lines that discharge into Project water;

3) Pipelines which cross Project lands;

4) Non Project transmission lines that require support structures within the Project boundary;

5) Private or public marinas that can accommodate no more than 10 watercraft at a time and are located at least one-half mile from any other private or public marinas;

6) Recreational developments consistent with GRDA’s Recreation Plan; and

7) Other uses if a) Land conveyances of five acres or less, b) if all land conveyed is located at least 75 feet from the Project’s normal maximum surface elevation and c) the conveyance is no more than 50 total acres for each project development in one year.

All other uses of Project lands require formal FERC approval in addition to GRDA permits.

If GRDA finds that a proposed use is consistent with the Project license and the purpose of protecting and enhancing the environmental and recreational, values of the Project, but it is not authorized under Article 410, it will file an application seeking FERC authorization. FERC regulations require GRDA provide jurisdictional agencies thirty days to comment on the proposed application prior to submittal. If the agencies provide comments, the application should include responses to any specific agency comments or recommendations. If the Project proponent rejects the agency recommendations, they must through GRDA, provide specific reasons for the rejection and propose alternatives or withdraw the application. If non-agency stakeholders have commented on GRDA’s application, GRDA will identify the nature of the comments and include general responses. Following filing, FERC may notice the application and solicit additional comments from jurisdictional regulatory agencies. Interested stakeholders have an opportunity to provide comments on the proposed application through the FERC process. Depending on the size and/or potential environmental or cultural effects of the proposed use, FERC may undertake an Environmental Assessment (EA) or Environmental Impact Statement (EIS) to support any decision and subsequent Order. FERC review may take up to 180 days, substantially longer if there are significant issues. FERC may approve, reject or approve with modification any application. FERC may also issue an approval for a proposed facility or use with additional conditions and mitigation requirements. If FERC approves the application, it will issue an order that gives the licensee authority to grant permission for the specific non-project use. GRDA is responsible for ensuring that the authorized use is constructed, operated, and maintained in accordance with FERC's order and other applicable requirements of the Project license through the term of the Project’s license.[9]

9.2 GRDA Permitting and Approval

Both GRDA and FERC both must review and approve any activities not addressed by Article 410. For most uses, project proponents must submit a written application to GRDA with drawings providing location, design and dimensions, and a description of materials and type of construction. All uses must conform to GRDA’s general requirements and minimum design standards. Separate GRDA permitting standards and protocols detail specific information that relates to these permitting requirements. A current copy of GRDA’s permitting procedures and standards are available on GRDA’s website (www.grda.com), at the GRDA Ecosystem Management Office located near the west end of Pensacola dam in Langley, by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594. GRDA may update permitting standards periodically, as needed, independently of SMP updates and amendments.

The permitting procedures and standards documents provide information on requirements for docks and piers, bank stabilization measures, vegetation management and dredging as well as information on facility construction and maintenance requirements. They also establish the criteria used in evaluating proposed new uses for both commercial and residential activities as well as facility construction standards for each activity.

GRDA will evaluate proposed new uses, and modifications to existing uses based on:

· Characteristics, zoning, and prevailing permitted uses within a half-mile radius of the proposed activities, (Including SMC and allowable use determinations)

· Shoreline topography and geometry,

· Safety, navigation and flood control requirements,

· Environmental effects,

· Potential economic development and tourism benefits,

· Recreational use effects,

· Any other criteria which may affect the proposed project,

· The practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed facility or activity;

· The extent and permanence of the beneficial and/or detrimental effects which the proposed facility or activity is likely to have on the uses which the area is suited; and

· Existing governmental jurisdictional regulations.

Agency consultation, initiated either by project proponents or GRDA regarding other governmental regulations may include (but is not restricted to) contact with:

§ U.S. Army Corps of Engineers

§ U.S. Fish and Wildlife Service

§ Oklahoma Department of Wildlife Conservation

§ Oklahoma Department of Environmental Quality

§ Oklahoma Water Resource Board

§ Oklahoma Historical Society

§ Oklahoma Archaeological Survey

§ County Bureau of Environmental Quality

§ Bureau of Indian Affairs

§ Oklahoma Native American Tribes

§ County Floodplain Administrators

§ Oklahoma Corporation Commission

§ Oklahoma State Fire Marshal

§ GRDA

§ FERC

No person, firm, partnership, corporation or other entity may perform any activity that requires a permit prior to the receipt of such permit from GRDA. For example, a homeowner may not place a dock in Project waters until the applicant receives written notice that GRDA approves such an activity. In the event a permitted activity takes place prior to the issuance of a permit or other written permission from GRDA, GRDA may order that no permit will be issued to the person or entity in violation of these rules for a period of time up to and including three years, after notice and an opportunity to be heard as provided in Chapter 35 of GRDA’s Lake Rules. Additionally, GRDA may seek an injunction to prevent any further unauthorized activity. Relocation of existing uses, alterations, or modifications that would increase the footprint of existing uses requires approval from GRDA and may require FERC approval as well.

The following sections highlight and summarize permit applications and standards. GRDA reserves the right to make changes in permitting standards and requirements independently of the SMP.

9.3 Commercial Permit Application Standards

As detailed in GRDA’s Commercial Project Permitting Process, commercial projects are:

· Construction or modification of facilities designed to accommodate more than ten watercraft at a time;

· Construction or modification of facilities intended to serve non-residential enterprises operated directly or indirectly for profit or gain; and

· Dredging operations requiring removal of fill materials exceeding the amount of two thousand cubic yards.

In Section 6.2, GRDA defines uses that can or could fall under the commercial permitting review process.

In general, permit applications for commercial uses within the Project boundary involve larger, more expansive and potentially more significant effects to lake resources. As such, GRDA permitting staff require supplemental information to adequately review and assess such permit applications. In some instances, GRDA may require completion and submittal of an EA to support permit applications. If GRDA requires an EA, the applicant must retain an entity listed on GRDA’s Environmental and Wetlands Consultants list[10]. Specific standards for applications are included within GRDA’s permitting program documentation and website. GRDA will reject applications failing to meet standards and guidelines. Commercial docks, piers, and boathouses shall not contain living space or sleeping areas. Except for existing habitable structures addressed in Section 9.5.1, and marina facilities providing approved comfort stations and/or food service facilities, GRDA does not permit toilets and sinks.

Under the current permitting standards, GRDA requires commercial applicants to provide the following:

· Contact information for the project proponent, and current landowners of the adjacent property;

· A statement of the proposed use of Project lands. All activities proposed must be included in the submittal. If a phased approach is proposed by an applicant, the final build out must be presented at the onset of the permitting process. This statement should include major components of the project, materials proposed for use and the layout or design of the project;

· Site location maps clearly showing the location and type of facility. Maps must clearly show the location of GRDA’s Project boundary and applicable flowage easement lines in relation to the proposed project;

· Technical drawings of proposed facilities, certified by a registered engineer;

· Full survey (metes & bounds) of the entire shoreline area within the boundaries of the proposed development, clearly indicating property lines in relation to the Project boundary and location of all existing or planned facilities within the Project boundary. Surveys must be prepared by a registered Oklahoma land surveyor;

· A discussion of the proposed project’s environmental effects including those on common fish and wildlife species, threatened and endangered species, vegetation, cultural resources, water quality and existing recreation uses. Additionally, applicants must provide a statement supporting how the proposed project is consistent with approved recreation, dredging, cultural resource and wildlife protection plans, statutory mandates or project management requirements;

· A statement describing why the project is in the public interest. This should include a description of proposed measures to ensure boating safety near the project area during and after construction as well as a statement of measures proposed to protect adjacent property owners’ access to the shoreline and lake;

· A discussion of the "purpose” and “need" for expansion or new uses. This should include a description of any adverse environmental effects that cannot be avoided and how the applicant proposes to minimize or mitigate for these adverse effects. Applicants should provide an alternative analysis that documents why the proposed work or preferred location is the most feasible. GRDA permit review staff will weigh this information against potential environmental/logistical/spatial effects of the proposed project;

· Proof the applicant posted or provided public notice of intent to file an application (including abutting property owners) and/or GRDA's intent to review an application;

· All marinas must be ½ mile (radius) from other, existing marinas;

· Sufficient detail of the proposed projects components to identify their locations;

· Proof of fulfilling all other state and federal requirements and codes through inclusion in the GRDA permit application package of other permits received for the work; and

· Proof of liability insurance.

Should Commercial applications not meet the standards for permitting as established by GRDA because of size, location, or other environmental concerns, and if the applicant wishes to pursue further review through a waiver, the applicant may be required to develop an EA or EIS (if not previously included in the initial application package) in support of the waiver request. This description only generally describes and summarizes GRDA’s permitting standards. GRDA may periodically update them. Commercial applicants should contact GRDA for the most recent permit standards and application requirements. Detailed information on applications for commercial use permits is included in GRDA’s permitting procedures and standards available on GRDA’s website (www.grda.com), at the Ecosystem Management Office in Langley, by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594.

9.4 Residential Dock Application Standards

While multi-family residential shoreline uses sometimes resemble commercial facilities in size and scope, generally residential uses of Project lands tend to have a smaller footprint with less potential for major environmental impacts. GRDA reserves the right to review residential applications as commercial uses if, in GRDA’s opinion, the effects of the proposed use are similar in scope to those of a commercial enterprise.

To preserve public access and to reduce environmental effects, GRDA places particular emphasis on consolidating shoreline uses. GRDA encourages the development of multi-owner facilities to reduce shoreline congestion. GRDA reviews some residential shoreline facilities (with 10 or greater slips) as an allowable residential use (see Figure 6.2) only if they are developed specifically without intent for commercial uses or monetary gain. Regardless, any proposed facility with 10 or greater slips, requires FERC review and approval.

Regardless of a use’s status as residential or commercial, GRDA’s Board of Directors and FERC must review and approve all applications for facilities with 10 or more slips. New residential docks, piers, and boathouses shall not contain living space or sleeping areas.

The following paragraphs summarize the information required to complete and submit a residential dock permit application. GRDA may periodically update application requirements. Residential applicants should contact GRDA for the most recent standards and permit application requirements. Detailed information on application for new or existing residential docks is included in GRDA’s permitting procedures and standards available on GRDA’s website (www.grda.com), at the Ecosystems Management Office in Langley, by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594,

Generally, GRDA requires applicants for Residential dock permits provide the following:

· A completed Residential Dock application form. All activities proposed must be included in the submittal. If a phased approach is proposed by a project proponent, the final build out must be presented at the onset of the permitting process;

· Copy of a plat map for the property, showing placement of the structure on the water and minimum distances between the dock and any other floating structures within 150 feet. This drawing must include the shortest distance across a cove from elevation 750’-750’;

· Full survey (metes & bounds) to verify the applicant’s and GRDA’s property lines. The survey must be completed by an Oklahoma registered land surveyor;

· Copy of a warranty deed;

· Proof that all other state and federal requirements and codes have been met by including other permits received for the work in the GRDA permit application package;

· Statement indicating that toilet, water, and waste disposal systems are not included in the dock design; and

· A discussion of how the proposed facility or use will not change existing use of adjacent areas.

Should Residential applications not meet the standards for permitting as established by GRDA because of size, location, or other environmental concerns, and if the applicant wishes to pursue further review through a waiver, the applicant must provide Commercial standard drawings and plan sheets to supplement their application. Additionally if the applicant wishes to pursue further review through a waiver, the applicant must provide public notice of the proposed application to abutting property owners, including properties across coves.

9.5 Other Uses Requiring Review and Permitting by GRDA

9.5.1 Habitable Structures

“Habitable structures” refer to living quarters or “dock-o-miniums” constructed in conjunction with new or existing docks, piers, and floats. These structures generally resemble cabins and/or homes, placed on floating structures such as covered or enclosed docks, over boat houses and other similar structures where a building is or may be occupied by people overnight or for extended periods. Generally these structures may contain water supply and/or waste disposal facilities such as sinks, showers, toilets, kitchen facilities, food preparation areas, etc. GRDA recognizes that other licensees generally disallow such structures on Project waters and FERC discourages them because of their potential environmental and aesthetic effects on Project waters.

Habitable structures currently exist on Grand Lake. As no permitting category or definitions for these structures existed previously, most existing habitable structures were permitted as commercial or residential docks under GRDA’s procedures existing at the time of construction. Additional construction, not under GRDA’s regulatory authority at the time, resulted in enclosed docks with living quarters, toilets, cooking facilities, etc.

While GRDA will allow the existing structures to remain under its “grandfathering” policy (see Section 9.8), GRDA will not permit construction of new habitable structures within the Project boundary. GRDA now requires that existing habitable structures meet strict regulations related to gray water and solid waste disposal regulations pursuant to OKDEQ Chapter 641 Regulations for individual sewage discharges. At a minimum, these structures must be equipped with holding tanks and pump-out capability, if necessary GRDA requires retrofitting of existing habitable structures to meet these standards. GRDA requires owners of habitable structures to file annual reports documenting waste disposal methods and will be required to provide monthly water quality sampling results to GRDA for the first year of their occupancy. Should the results of these water quality tests indicate an increase in e.coli, fecal coliform or phosphorous, or other pollutants, GRDA will require the owner to investigate and correct deficiencies GRDA will also notify OKDEQ or other regulatory authorities of these deficiencies. Should the owner be unable to correct deficiencies within thirty days, GRDA will require mandatory cutoff of water until the deficiencies are resolved. All owners are required to file an annual water sampling and waste disposal report. GRDA maintains the right to sample randomly water quality in locations where habitable structures exist without prior notice. Failure to maintain water quality standards may result in cancellation of the permit and removal of the structure.

Existing habitable structures must be maintained in a good state of repair. They may be structurally repaired or rebuilt without additional approval from GRDA, but may not be structurally modified to increase their length, width, or height.

To qualify for the grandfathered status, individuals or entities who currently own or operate habitable structures (meeting the definition above) must contact GRDA Office of Ecosystem Management staff and register these structures. In doing so, they must agree to provide access and to meet standards established by GRDA for grandfathered habitable structures.

9.5.2 Vegetation Management

Before conducting any vegetation management activities (including trimming trees and removing brush), a vegetation management plan (VMP) must be submitted and approved prior to the issuance of a permit from the Office of Ecosystems Management. VMP’s will be approved and permitted only to adjacent property owners whose existing permits, if any, with GRDA are in good standing.

Shoreline vegetation on project lands acts as a buffer to stabilize shorelines, prevent erosion, and protects water quality by filtering and trapping organic and chemical pollutants and can provide valuable habitat for fish and wildlife.

9.5.2.1 Permits: Vegetation Management Plans

Except for the mowing and weed eating (nylon line only) of lawns established and existing before June 1, 2005, all vegetation management activities performed by private or commercial entities on publicly-owned (i.e. GRDA) lands, must apply for a Vegetation Management Plan (VMP) permit and obtain written permission from the Office of Ecosystems Management before conducting such activities. GRDA will not permit requests for VMP’s to remove vegetation in areas identified as wetlands per the National Wetland Inventory maps. Special circumstances such as the presence of wetland indicators as determined by the Office of Ecosystems Management may result in a requirement for on- or off-site mitigation and/or an alternative vegetation management plan. Applications for submittal of Vegetation Management Plans are available at the GRDA Office of Ecosystems Management, located at the west end of Pensacola Dam in Langley, Oklahoma, by mail at P.O. Box 70, Langley, Oklahoma 74350, by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

9.5.2.2 VMP Permit for Vegetation Removal

GRDA does not permit the removal of vegetation within the Project except upon receipt of a permit for a VMP obtained from the Office of Ecosystems Management. Except in special circumstances (i.e. presence of wetland indicators; shoreline stabilization or other factors), a permit may be issued for the removal of vegetation less than or equal to 3 inches in diameter. GRDA may also allow removal of specified understory plants (poison ivy, salt cedar, eastern red cedar and other exotic noxious plants identified by OAC 300:35-27-4: GRDA vegetation management lake rules) identified in the VMP. Note: Use of herbicides on Project lands is expressly prohibited (OAC item c(1) in 300:35-27-4 (c) (1): GRDA vegetation management lake rules) except by a certified state licensed applicator.

Without prior GRDA approval or receipt of a permit an adjacent landowner may remove floating debris, drift wood, litter, and trash may from GRDA lands and water provided the removal does not involve heavy machinery (i.e. bobcats, tractors, bulldozers, skidders, excavators, etc.) or other means which have the potential to disturb the shoreline through movement of soil, rocks, or existing live vegetation.

9.5.2.3 VMP Permit for Hazardous Trees

The Office of Ecosystems management may issue a VMP permit for hazardous trees. GRDA allows the removal of hazardous trees after consultation, permit application and approval, only in cases where the trees are dead and dangerous, damaged and dangerous, diseased and dangerous, or otherwise present a public safety or property hazard. If a tree is dead and dangerous, or poses a hazard to the safety of the public or property, an adjacent property owner may apply for a permit to remove the tree. The GRDA Office of Ecosystems Management must confirm and mark dead or dangerous trees or limbs in advance. After consultation with GRDA staff, and upon receipt of a permit application, GRDA will issue a permit authorizing removal of the tree. The applicant is financially responsible for removal.

9.5.2.4 VMP Permit for Pruning

GRDA defines pruning as any trimming or cutting of branches or limbs or other vegetation (on Project lands) designed to enhance the view of the lake. Adjacent property owners may apply for VMP permit for pruning by contacting the Office of Ecosystems Management. Except in special circumstances, VMP’s approved by the Office of Ecosystems Management typically permit limited removal of limbs from living trees and shrubs greater than 3 inches in diameter and up to one-third of the plant height of shrubs and non-woody vegetation within the designated shoreline area to enhance the view of the lake. Pruning does not permit removal of trees greater than 3 inches in diameter or complete clearing of any area. After consultation with GRDA staff, application for and receipt of a valid permit, and the identification of the area and nature of the pruning activity, a permittee may clear and maintain the specified area according to the permitted VMP.

9.5.2.5 VMP Permit for Paths and Shoreline access

Adjacent property owners may clear vegetation to create and maintain access corridors between GRDA land and adjacent property. The corridor may not exceed 20 feet in width. Corridors must consist of natural materials such as native grass, wood chips, or gravel/crushed rock. Placement of such must not involve earth moving or soil disturbance. When reviewing proposed path layouts provided in the VMP, GRDA will focus on minimizing ground disturbance and vegetation removal. The path may extend from the common boundary between GRDA and the adjacent landowner to the waters edge.

9.5.2.6 VMP Permit for Landscape Planting

Any landscaping such as planting trees and shrubs, or adding or removing other features which may require removal of existing understory plants prior to landscaping requires a VMP permit obtained from the Office of Ecosystem Management.

GRDA prohibits the introduction or planting of invasive plant species designated by OAC 300:35-27-4: GRDA vegetation management lake rules. Upon request, GRDA’s Office of Ecosystem management will provide a list of invasive species.

9.5.2.7 VMP Permit for Shoreline Stabilization

Adjacent property owners may clear vegetation to prevent the deterioration of retaining walls under a VMP permit that identifies approved vegetation to restore the site. Permittee shall perform all shoreline stabilization in accordance with OAC 300:35-13-1 et seq. (GRDA shoreline stabilization lake rules).

9.5.2.8 General Provisions

A Vegetation Management Plan (VMP) permit may require written approval from the Federal Energy Regulatory Commission (FERC), the U.S. Army Corps of Engineers (Corps), and other state and local agencies. Permittee shall perform all activities in strict accordance with the specifications approved by GRDA.

Adjacent property owners must initiate any activity allowed by the VMP permit within one year of issuance of the permit. Failure to do so will result in the expiration of the permit.

Any person that violates the provisions of the VMP may be required to pay all costs related to the repair, restoration and reclamation of GRDA lands and waters associated with the violation.

9.5.3 Dredging & Excavation Policy

All excavation and dredging activities on GRDA-owned property require a permit from GRDA. GRDA maintains a FERC approved dredging plan which may be found on …or at…GRDA?. The USACE may also require a permit for excavation and dredging activities. Additionally, FERC must approve all dredging activities on GRDA waters requiring the removal of more than 2,000 cubic yards of material. Dredging is generally not allowed in Sensitive Resource management areas.

In an effort to protect Project resources and adequately review all dredging applications, currently GRDA requires the following:

· A wetland delineation study conducted by a GRDA approved wetland delineation specialist using the Army Corps of Engineers wetland delineation guidelines in any locations other than open water dredging;

· Excavation within vegetated wetlands is not allowed;

· GRDA will approve excavation of individual boat channels or embayments only when it determines there is no other practicable alternative to achieving sufficient navigable water depth, the action would not substantially influence sensitive resources, and the applicant can provide proof that they purchased their property prior to the development of these SMP policies. Applicants must be prepared to provide adequate documentation of the necessity of the project as part of any application;

· Removal of no more than two thousand (2,000) cubic yards of material for any individual boat channel. Additional requirements and specifications are included in GRDA’s Permitting program documentation;

· Spoil material from channel excavations must be placed in accordance with any applicable local, state, and federal regulations at an upland site above the applicable flood plain and off Project lands;

· Dredging for new or previously authorized uses is seasonally restricted. To avoid potential impact to fish spawning areas applicants must receive approval of timing from GRDA for this activity;

· Any new dredging may require sediment testing to determine if dredging may displace contaminants such as heavy metals, PCB, or other hazardous materials. Detection of hazardous materials during testing may lead to a requirement that the project either be abandoned or the project proponent provide a dredging management plan to GRDA identifying how materials will be removed in compliance with the OKDEQ Standards. Maintenance dredging of previously authorized facilities and structures under 250 cubic feet do not require soils testing;

· GRDA currently requires notification of project commencement, post-dredging site review, and sign-off by GRDA enforcement staff at the completion of the action; Contractors are required to post their permit on site during activity; and

· If other regulatory agencies (e.g. USACE) require permit application submittal and review, GRDA requires proof that the project proponent has received all other permits, prior to issuing a GRDA permit.

Within 2 years of the approval of this SMP, GRDA intends to require all contractors wishing to undertake dredging activities at Grand Lake complete a GRDA training program on dredging practices and environmental issues related to dredging, or provide evidence of equivalent training from the USACE or other governmental agency. GRDA will provide a list of certified contractors to all applicants for a dredging permit.

9.5.4 Placement of Buoys

Adjacent property owners may request permission from GRDA to place a “no wake” buoy anchored on the lake bottom adjacent to their property. No wake buoys designate a 150 feet corridor off the shoreline within which boats and other watercraft must travel at idle speed. Currently all buoys must meet U.S. Coast Guard standards and must have an annual, color-coded, inspection sticker from GRDA. There is an annual fee assessed to property owners for inspection and relocation (if necessary) of buoys permitted by GRDA staff. GRDA may, in the future, provide standards that are more restrictive for types and placement of buoys in Project waters. Applicants for placement of buoys are encouraged to contact GRDA for the most recent standards for permit processing.

GRDA requires applicants petitioning for a no wake buoy provide information and documentation showing the proximity of a proposed buoy to an existing buoy. Should applicants feel that a buoy is warranted adjacent to their property due to boat and/or dock damage, GRDA requires proof of ongoing or existing damage, through the presentation of repair bills, photo documentation of damage and/or boat traffic that is operating in hazardous manner within the 150 feet corridor, and/or repair bills for reputed damage.

9.5.5 Shoreline stabilization

GRDA may issue permits allowing adjacent residential landowners to stabilize eroding shorelines on Project lands. GRDA recommends biostabilization of eroded shorelines, where feasible. Biostabilization general involves use of natural plants, minimal bank contouring to providing a planting surface, or placement of natural fiber mats, logs, or other materials to deflect wave action and stabilize eroding shorelines. In some instances, GRDA may allow the placement of riprap along the base of the eroded areas to prevent further undercutting of the banks.

GRDA also permits the placement of engineered structures such as gabions or retaining walls for shoreline stabilization. However, GRDA will approve these methods only in shoreline locations where the erosion process is severe and GRDA determines that a retaining wall is the most effective erosion control option or where the proposed wall would connect to an existing GRDA-approved wall on the lot or to an adjacent owner’s GRDA-approved wall. GRDA shall inspects the site of the proposed construction and consider whether the planting of vegetation or the use of riprap would be adequate to control erosion. GRDA does not permit the reclamation of GRDA land that has been lost to erosion.

GRDA will determine if shoreline erosion is sufficient to approve the proposed stabilization treatment. No shoreline stabilization may be conducted until GRDA issues a permit.

9.5.6 Railways, tram systems, fences, ramps and retaining walls

Construction of private or commercial railways, tram systems, fences, ramps or retaining walls constructed within the Project boundary requires permit application to and approval by GRDA. Project proponent must submit complete and detailed maps, plans and specifications for the proposed construction and its location, including a statement of the purpose(s) for which the work is to be done. The applicant must also be required to furnish a survey prepared by a licensed surveyor or engineer showing the location of GRDA's taking (property) line in the project area and shall have such line staked on the ground. Permittees must maintain railways, tram systems, fences and retaining walls in a manner such that all electrical systems are to code, meet environmental guidelines, and that the structures are safe and pose no risk or threat to the public or otherwise unduly restrict the public from access and use of the Project. GRDA will not permit residential boat ramps unless the ramp accommodates parking for the launch of at least 25 boats.

9.6 General Property Inspections

GRDA reserves the right at all times to inspect any permitted or unpermitted use of the Project during and after construction or implementation. Lake Patrol officers are generally responsible for inspections but other officials or agents of GRDA may participate in these inspections. Should inspection of particular uses reveal inconsistencies or violations of established management policies and/or permitting standards, facility owners/users will be notified in writing of such violation and advised by GRDA regarding the violation, suggested means to correct the violation, and actions to be taken by GRDA should the violation persist.

9.7 Permit Waivers

9.7.1 General Procedures

Upon written application and hearing, the Board of Directors of GRDA (Board) may grant a waiver, exception or modification to the requirements imposed on private and/or commercial permit applicants by GRDA. Additionally, the Board may impose additional requirements upon any such applicant. GRDA bases such waivers, exceptions, modifications, or additional requirements upon the totality of the circumstances, in consideration of public and environmental concerns. Any such waivers may also require prior FERC approval before becoming final.

In considering waivers of these rules, Board considers the potential positive and negative effects of the proposed facility or use on:

· Characteristics, zoning and prevailing permitted uses within a half-mile radius of the proposed activity;

· Shoreline topography and geometry;

· Safety, navigation and flood control requirements;

· Environmental impacts;

· Potential economic development and tourism benefits;

· Recreational use impacts; and

· Statutory mandates.

Any applicant for a waiver will give notice of application to the Board. Public notice of the waiver request shall be in accordance with guidelines established by the GRDA staff including:

· Publication in newspapers of general circulation, including the county in which the property is located;

· Mailing of written notice, via certified mail, return receipt requested, to all owners of property within a three hundred (300) foot radius of the exterior boundaries of the subject shoreline property. Project proponents must submit copies of certified mail receipts to GRDA prior to any hearing and before GRDA posts any notice;

· GRDA will post the waiver application on the GRDA’s website for a period of at least thirty days; and

· Any other notice as required by GRDA.

The Board will notice the application as an agenda item for a regularly scheduled Board of Directors meeting and may receive public comment in writing or at the meeting when the request is on the agenda.

9.8 Grand-fathered Improvements

Existing uses that were properly permitted and which met current GRDA standards at the time of permitting but which may no longer be compatible with this SMP, may remain in place, as long as they comply with the size, location and type requirements set forth in GRDA’s requirements in effect at the time the structure was built. Grandfathered uses are not transferable to other locations. Uses for which GRDA has not issued a permit, are not eligible for grandfathering. All existing and new uses must comply with all current regulations pertaining to maintenance, safety and environmental protection.

9.9 Best Management Practices and Educational Outreach

Best Management Practices (BMPs) are on-site actions implemented by an individual or group to lessen the potential effects of an action on a particular resource. For example, a property owner chooses to cut vegetation from their property to improve access or their view-shed. Rather than wholesale clearing, the landowner may choose to conduct selective clearings and replant low-lying vegetation to help maintain bank stabilization. The selective clearing and replanting of vegetation is a best management practice because it is an on-site action that reduces the potential effects of the specific use. (Cutting vegetation on GRDA property or within the Project is subject to other guidelines and permitting requirements (see Section 9.5.2- Vegetation Management.)). GRDA actively promote BMPs for preserving and protecting natural resources on all of its lands as well as throughout the State. The goal of promoting shoreline BMPs is to assist in the conservation and protection of valuable shoreline resources, and help to reduce potential impacts to shoreline resources and water quality. GRDA suggests the BMPs provided in Appendix E for actions that occur on private property NOT on Project lands, and therefore are not part of the SMP.

GRDA is dedicated to employing similar standards to their properties, both within and outside the Project boundary. Understanding that these shoreline BMPs are not regulations, GRDA, with assistance from stakeholders and other interested parties, supports public education efforts to encourage adjacent property owners to adopt these shoreline BMPs as well as any other BMPs promoted by state and/or regulatory authorities.

Adjacent landowners may obtain additional information on BMPs from GRDA’s Office of Ecosystems Management.

9.10 Agency Regulatory Review and Permitting

9.10.1 Army Corps of Engineers (USACE)

The USACE, under Section 404 of the Clean Water Act, regulates the discharge of dredged and fill materials into waters of the United States, including adjacent wetlands. Any work at or below el. 750PD on Grand Lake (typically the ordinary high water mark where a debris line is visible) may require consultation, project review and permitting by Corps staff as will any work in an upland wetland. If a project proponent completes a project deemed jurisdictional by the Corps without prior approval, penalties range from removal of the structure/fill to fines and imprisonment. Anyone proposing a project involving dredging or filling wetland should contact the USACE Tulsa District office.

9.10.2 State of Oklahoma, Regional, and Local Agencies

Oklahoma Department of Environmental Quality

Under Title 252, Chapter 611, the Department of Environmental Quality (OKDEQ) issues 401 Water Quality Certifications for construction activities. In accordance with the provisions of Section 401 of the federal Clean Water Act and the Environmental Quality Code, any applicant for a federal license or permit to conduct any activity including but not limited to , the construction or operation of facilities, dredge or fill, or other activities, which may result in any discharge into, or pollution or alteration of the waters of the State of Oklahoma, must first obtain a water quality certification from the DEQ The DEQ issues, renews and modifies water quality certifications including, but not limited to, Permits issued by the USACE under the Section 404 permit program for the discharge of dredged or fill materials. Additionally OKDEQ enforces water quality standards on the lake, and may be called upon to take regulatory action for activities such as improper disposal of septic wastes in the waters of Oklahoma.

Local/Regional Floodplain Management

The Oklahoma Floodplain Management Act, passed in 1980, authorizes communities (i.e., cities, towns and counties) to develop floodplain regulations, designate flood hazard areas and establish floodplain boards. An amendment in 2004 calls for community floodplain administrators to become accredited through the OWRB, ensuring that these officials are properly trained to effectively administer local floodplain regulations.

Consistent with protecting the natural functions of the floodplain and reducing flood losses, the OWRB values the No Adverse Impact floodplain management approach. NAI strategies promote responsible floodplain development through community-based decision making[11].

Project proponents are strongly encouraged to coordinate with the floodplain manager in their town or county to ascertain if additional permitting requirements apply to their project.

GRDA

The law (82 O.S.A. § 861 et seq) creating the Grand River Dam Authority prescribes the use that may be made of the properties of GRDA and authorizes GRDA to promulgate, prescribe and enforce rules and regulation for the use, for recreational and commercial purposes of its lakes and shoreline[12]. GRDA has created a law enforcement division for enforcing these rules on the waters and land of GRDA.

The members of GRDA's law enforcement division are recognized as the enforcement officers for GRDA. The enforcement officers for GRDA may enforce GRDA rules and regulations, those rules and regulations as may be issued pursuant to the provisions of Section 4200 et seq. of Title 63 of the Oklahoma Statutes, the provisions of Sections 861 et seq. of Title 82 of the Oklahoma Statutes, and all violations of criminal laws occurring within the boundaries of the counties where real property owned or leased by GRDA is located. The enforcement officers have the power of peace officers during the performance of their duties, except in the serving and execution of civil process.

The officers are charged with the duty of examining and inspecting proposed locations for wharves, docks, dikes, anchorages, boathouses or any proposed structures or improvements to be made upon the waters or lands of GRDA, and issuing certificates of inspection. GRDA's law enforcement officers may cooperate with federal, state and local enforcement officers in the enforcement of all federal and state laws upon the waters, lands and properties of GRDA.

State Historic Preservation Office (SHPO) and Oklahoma Archaeological Survey

Shoreline ground disturbance activities may require review and comment from the State Historic Preservation Officer (SHPO) and the Oklahoma Archeological Survey. The Oklahoma Archeological Survey provided GRDA with the known locations of culturally sensitive and potentially sensitive locations within and adjacent to the Project boundary. GRDA incorporated this information into non-public available resource mapping which they maintain. Using this information, GRDA staff will review all proposed new uses to identify potential impacts to known or potentially sensitive archaeological and historical properties. Early identification of proposed activities, as well as identification of activities requiring authorization and those that do not, will be key to minimizing permit delays or rejection for project proponents. GRDA will review the permit application and supporting information to ensure that the property owner or new user provides the appropriate information. GRDA will assist landowners in determining whether the proposed action requires consultation with the SHPO or the Oklahoma Archeological Survey.

GRDA, as a requirement or condition of its permits, requires any entity that is proposing ground-disturbing activities within the Project to undertake the appropriate level of investigation, monitoring, and any subsequent mitigation found to be required for reasonable protection of cultural or historic resources within the Project.

APPENDIX A

GRAND RIVER DAM AUTHORITY ENABLING LEGISLATION

AND

PROMULGATED RULES

OKLAHOMA STATUTES

TITLE 82.

WATERS AND WATER RIGHTS

_____

§82‑861. District created and territory included ‑ Governmental agency and body politic ‑ Powers ‑ Designation of land and water.

There is hereby created within the State of Oklahoma a conservation and reclamation district to be known as "Grand River Dam Authority", hereinafter called the district, and consisting of that part of the State of Oklahoma which is included within the boundaries of the Counties of Adair, Cherokee, Craig, Delaware, Mayes, Muskogee, Ottawa, Osage, Pawnee, Payne, Lincoln, Logan, Tulsa, Wagoner, Sequoyah, Haskell, Latimer, Pittsburg, McIntosh, Creek, Okmulgee, Nowata, Washington and Rogers. Such district shall be, and is hereby declared to be, a governmental agency of the State of Oklahoma, body politic and corporate, with powers of government and with the authority to exercise the rights, privileges and functions hereinafter specified, including the control, storing, preservation and distribution of the waters of the Grand River and its tributaries, for irrigation, power and other useful purposes and reclamation and irrigation of arid, semiarid and other lands needing irrigation, and the conservation and development of the forests, minerals, land, water and other resources and the conservation and development of hydroelectric power and other electrical energy, from whatever source derived, of the State of Oklahoma.

Nothing in this act or in any other act or law contained, however, shall be construed as authorizing the district to levy or collect taxes or assessments, or to create any indebtedness payable out of the taxes or assessments, or in any manner to pledge the credit of the State of Oklahoma, or any subdivision thereof.

All that body of land and the water impounded above the Pensacola Dam, Pensacola Project, shall be hereafter designated and known as "Grand Lake O' The Cherokees". All that body of land and the water impounded above Robert S. Kerr Dam, Markham Ferry Project, shall be hereafter designated and known as "Lake Hudson". All that body of land and the water impounded above Chimney Rock Dam, Salina Pumped‑Storage Project, shall be designated and known as "W. R. Holway Reservoir".

Laws 1935, p. 350, § 1; Laws 1937, p. 481, § 1; Laws 1941, p. 472, § 1; Laws 1941, p. 475, § 1; Laws 1949, p. 633, § 1; Laws 1957, p. 562, § 1; Laws 1978, c. 283, § 1, emerg. eff. May 10, 1978; Laws 1981, c. 204, § 9, emerg. eff. May 26, 1981.

§82-861A. Grand River Dam Authority - Designation as state agency.

A. The Grand River Dam Authority, created pursuant to the provisions of the Grand River Dam Authority Act, Section 861 et seq. of Title 82 of the Oklahoma Statutes, is a nonappropriated agency of the State of Oklahoma. The Grand River Dam Authority herein referred to as the “district” is subject to the laws of the state as they apply to state agencies except as specifically exempted by statute. All funds generated, received and expended by the district are public funds and subject to state laws and regulations governing the receipt and expenditure of public funds in the same manner as all other state agencies. The employees of the district are both classified and unclassified state employees subject to the same benefits and restrictions applicable to all state agencies except as otherwise provided by statute.

B. Recognizing that the district is a unique agency of this state, whose mission requires the ability of the district to function in competition with private industry within the competitive power market, the Legislature hereby requires the Grand River Dam Authority Board of Directors as the rulemaking authority for the district to:

1. Promulgate appropriate rules governing operations of the agency pursuant to the provisions of Article I of the Administrative Procedures Act, with the exception of rules dealing with the waters of the Grand River and its tributaries; and

2. Develop written policies and procedures consistent with state laws governing the district’s activities including marketing, consumer education, community relations and customer service functions performed by the district.

C. The district is required to document business expenses necessary to carry out the business of the district. Expenses shall meet current State of Oklahoma and Internal Revenue Service guidelines for business expense deductibility.

D. If necessary to comply with the provisions of this act, the Board may, by majority vote, employ an independent audit firm to assist it in its duties. Funds required for this purpose shall be borne by the district with approval by the Board.

E. The Board of Directors or the management of the district may seek advice from the State Treasurer or the State Bond Advisor as it deems necessary.

F. After the effective date of this act, the district shall not provide retail electric power or retail electric service to electric consuming facilities except to:

1. An existing electric consuming facility if such electric power was being provided by the district on the effective date of this act; and

2. Any entity located within the boundary of the Oklahoma Ordnance Works Authority/Mid-America Industrial Park or within a two-mile radius of the boundary.

Retail distribution of electric power shall be defined as any sale not for resale.

Added by Laws 2003, c. 459, § 1, eff. July 1, 2003.

§82-862. Powers, rights and privileges of district.

The district shall have and is hereby authorized to exercise the following powers, rights and privileges:

(a) To control, store and preserve, within the boundaries of the district, the waters of Grand River and its tributaries, for any useful purpose, and to use, distribute and sell the same within the boundaries of the district; provided, however, that any municipal corporation within the area included within the jurisdiction of the said Grand River Dam Authority shall be entitled to take water from the Grand River and any of its tributaries in any quantities that may be needed by such municipal corporation;

(b) To develop and generate water power, electric power and electric energy, from whatever source, within the boundaries of the district; to acquire coal or other minerals to be used for the purposes of providing energy sources for electrical generating plants; to acquire or lease any and all railroad connections, equipment, rolling stock, trackage and otherwise, necessary to the transporting of coal and other minerals to generating plant sites within the district; and to buy, sell, resell, interchange and distribute electric power and energy in order to carry forward the business and functions of the district now or hereafter authorized by law and may enter into contracts for such purposes, such contracts to run for a period of not to exceed fifty (50) years except those contracts provided for in paragraphs (f) and (g) of this section. All contracts may contain such reasonable provisions, limitations, qualifications, protective clauses and rights and obligations of purchase and sale, and such provisions for the dedication of the use of facilities and the construction of additional facilities to serve the load requirements of all the parties as may be deemed advisable by the district to safeguard the business and properties of all the parties to such contracts, all within the limits of sound business judgment and practice, good conscience, and not contrary to the public policy of the state;

(c) To prevent or aid in the prevention of damage to person or property from the waters of the Grand River and its tributaries;

(d) To forest and reforest and to aid in the foresting and reforesting of the watershed area of the Grand River and its tributaries and to prevent and to aid in the prevention of soil erosion and floods within said watershed area;

(e) To acquire by purchase, lease, gift, or in any other manner, and to maintain, use and operate or to contract for the maintenance, use and operation of any and all property of any kind, real, personal, or mixed, or any interest therein, including trucks of any size or weight and passenger vehicles and to own, construct, operate and maintain any project or works in conjunction or jointly with, as tenants in common, any public or private corporation duly authorized and qualified to do business within this state including, but not limited to, rural electric cooperatives of the State of Oklahoma or the United States of America, or any department, subdivision or agency of the State of Oklahoma or the United States of America, or with any “public agency” as defined under the Interlocal Cooperation Act, Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes, within or without the boundaries of the district, necessary, incidental or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this act;

(f) In addition to any other powers conferred, the district shall have power and authority to participate and enter into agreements with any public or private corporation duly authorized and qualified to do business within the State of Oklahoma including, but not limited to, rural electric cooperatives, the state or the United States of America or any department, subdivision or agency of the state or the United States of America, or with any “public agency” as defined under the Interlocal Cooperation Act, Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes, for the purpose of planning, acquiring, financing, owning, operating and maintaining an undivided ownership of any steam, oil, gas, coal‑fired, thermal, geothermal, solar, waste or refuse reclamation powered electric generating plant or plants or any facilities of every kind necessary, incidental or convenient for the production, generation and transmission of electric power and energy including, but not limited to, any and all related transmission facilities, which shall be used as common facilities. The agreements shall provide that the district and any participants therein shall have the incidents of tenant in common to any plant or facility. It shall also be provided in the agreements that the district and any participant in the project shall own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction thereof and shall own and control a like percentage of the electrical output thereof.

Each participant shall defray its own interest payments and other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition and construction of any common facility, or any additions or betterments thereto. The agreement shall further provide a uniform method of determining and allocating operation and maintenance expenses of the common facility.

In carrying out the powers granted in this section, the district and each participant shall be severally liable only for its own acts and not jointly or severally liable for the acts, omissions or obligations of others. No money or property supplied by the district or any participant for the planning, financing, acquiring, constructing, operating or maintaining of any common plant or facility shall be credited or otherwise applied to the account of any other participant therein, nor shall the undivided share of the district or any participant therein be charged, directly or indirectly, with any debt or obligation of any other participant or be subject to any lien as a result thereof. No action in connection with a common facility shall be binding upon the district except as expressly authorized and provided for in the participation agreement;

(g) In addition to the powers conferred in paragraph (f) of this section, the district shall have power and authority to participate and enter into agreements with any public or private corporation duly authorized and qualified to do business within this state including, but not limited to, rural electric cooperatives, the State of Oklahoma or the United States of America or any department, subdivision or agency of the State of Oklahoma or the United States of America, or with any “public agency” as defined under the Interlocal Cooperation Act, Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes, for the purpose of planning, acquiring, financing, owning, operating and maintaining undivided ownership interests in any steam, oil, gas, coal‑fired, thermal, geothermal, solar, waste or refuse reclamation powered electric generating plant or plants or any other facilities of every kind necessary, incidental or convenient for the production, generation and transmission of electric power and energy including, but not limited to, any and all related transmission or other facilities which are to be used as common facilities and to cooperate with other state agencies and public trusts to promote economic development in the state and to assist in attracting industry to the state. Such undivided ownership interests may be created by an agreement entered into with respect to property to be acquired by the district. Any such agreement may be a sale agreement, with the purchase price payable at one time or in installments at such time and over such period as shall be agreed to by the parties thereto, a lease agreement, with a nominal purchase option, or any other type of agreement. In addition to the purchase price, the district shall be fully indemnified as to operation, maintenance, administrative and other expenses incurred with respect to such undivided interest. Any payment received in respect to any such agreement shall be deemed revenues of the Authority. The district is hereby authorized to enter into any such agreement in order to sell, lease or otherwise convey undivided ownership interests in any such property. Any such agreement shall specify the undivided interest to be owned or acquired by each of the participants, provide for a waiver of partition, prescribe the time of vesting of such interest and the amount of electrical output to be owned and controlled by any participant.

Each participant shall defray its own interest and other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition and construction of any common facility, or any additions or betterments thereto. The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of the common facility.

(h) To acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest therein, within or without the boundaries of the district, necessary, incidental or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this act, in the manner provided by general law with respect to condemnation; provided that nothing in this act shall ever be construed to authorize the district to acquire by condemnation any privately, municipally or publicly owned electric public utility system or any part thereof outside of the high-water mark of a reservoir area or outside a properly located damsite, except the districts may require the relocation of transmission lines and substations so owned where such relocation is necessary for the construction and maintenance of dams, reservoirs, levees, spillways and floodways, and in such event just compensation shall be paid. Provided that the Grand River Dam Authority shall have the right to cross transmission lines of other electric utility companies under proper engineering standards of construction as approved by the Corporation Commission;

(i) Subject to the provisions of this act, from time to time sell, which shall include, but not be limited to, an installment sale agreement, lease with nominal purchase options, or otherwise dispose of any property of any kind, real, personal or mixed, or any interest therein, which shall not be necessary to the carrying on of the business of the district;

(j) To overflow and inundate any public lands and public property and to require the relocation of roads and highways in the manner and to the extent necessary to carry out the purposes of this act; provided, that said district shall be liable in damages to the State of Oklahoma or any subdivision thereof for any injury occasioned or expense incurred by reason thereof;

(k) To construct, extend, improve, maintain and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate any and all facilities of any kind necessary, incidental or convenient to the exercise of such powers, rights, privileges and functions;

(l) To sue and be sued in its corporate name in contracts, reverse condemnation, tort, equity, mandamus and similar actions and in its own name plead and be impleaded, provided, however, that any and all actions of law or in an equity against the district shall be brought in the county in which the principal office of the district shall be located or in the county where the cause of action arose;

(m) To adopt, use and alter a corporate seal;

(n) To make bylaws for the management and regulation of its affairs;

(o) To appoint officers, agents and employees, to prescribe their duties and to fix their compensation; and enter into contracts with labor unions, provided, that contracts with labor unions shall not abrogate the rights of the district to cooperate and carry out Veterans on the Job Training;

(p) To make contracts and to execute instruments necessary, incidental or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this act;

(q) To borrow money for its corporate purposes and, without limitation of the generality of the foregoing, to borrow money and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and, in connection with any such loan or grant, to enter into such agreements as the United States of America or such corporation or agency may require; and to make and issue its negotiable bonds for money borrowed, in the manner provided in this act. Nothing in this act shall authorize the issuance of any bonds, notes or other evidences of indebtedness of the district, except as specifically provided in this act;

(r) To prescribe and enforce rules for the use for recreational and commercial purposes of the lakes created by the district by impounding the waters of said lakes, and the shorelands of the district bordering thereon, including the use of firearms, the inspection of all boats of every character proposing to operate or operating on said lakes, the issuance of permits for the operation of boats, surfboards, aquaplanes, sea‑skis or similar devices on said lakes for hire; the charging and collection of fees for the inspection or operation of such boats, surfboards, aquaplanes, sea‑skis or other similar devices on said lakes for hire; preventing the launching or operation of any commercial or for‑hire boat, surfboard, aquaplane, sea‑ski or similar device for hire, on the waters of said lakes, without a certificate of inspection and a permit for such use; prescribing the type, style, location and equipment of all wharves, docks and anchorages along the shores and upon the water of said lakes; the issuance of permits for wharfage, dock or anchorage privileges and charging fees for such commercial or private permits; and the establishment and maintenance of public wharves, docks or anchorages and the charging and collection of fees for the use thereof by the public; to appoint or employ such persons as the district may deem proper and suitable for the purpose of enforcing such rules and regulations as may be issued hereunder, or as may be issued pursuant to the provisions of Sections 4200 et seq. of Title 63 of the Oklahoma Statutes, and for the enforcing of the provisions of this act, and all violations of criminal laws occurring within the boundaries of the counties where real property owned or leased by the Grand River Dam Authority is located, which employees shall have the power of peace officers during the performance of those duties, except in the serving or execution of civil process;

(s) To do any and all other acts or things necessary, incidental or convenient to the exercise of the powers, rights, privileges or functions conferred upon it by this act or any other act or law. Provided said district shall be liable for damage caused by said district, its agents, servants and employees in creating, constructing, maintaining or operating said district to any corporation, partnership, person or individual whose property, either real or personal, within or without said district, has been damaged and said damages may be determined by appropriate action as provided by law. Nothing in this act shall be construed as rendering the district liable for damage where it is not liable on general principles of law or statute or Constitutional provision.

Provided, however, that in the course of exercising its powers as herein enumerated, the said district shall at all times consider the rights and needs of the people living within and upon the land lying within the watershed of the rivers or streams developed by the district; provided, however, that nothing herein shall prevent the district from selling for irrigation purposes within the boundaries of the district any water impounded by it under authority of law, provided that nothing herein contained shall authorize the state to engage in agriculture except for educational and scientific purposes and for the support of its penal, charitable, and educational institutions; and

(t) To support and assist the efforts of state, regional and local development organizations, political subdivisions, industrial committees, chambers of commerce, tourism organizations, agricultural organizations, environmental organizations and other similar public and private agencies to obtain new and foster expansion of existing service, industrial and manufacturing facilities, businesses and enterprises to enhance the quality of life for the citizens of the district and the state. Provided, support and assistance shall be limited to an amount not to exceed a total of Fifteen Thousand Dollars ($15,000.00) per year for one or more projects or efforts that are for the benefit of or impact the quality of life for each city or community located within the boundaries of the district.

(u) Notwithstanding any other provision of law, the General Manager, department heads and other essential employees of the district, as designated by the General Manager, may be permitted to use a district owned vehicle to provide transportation between the employee’s residence and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the employee’s official duty.

Added by Laws 1935, p. 351, § 2. Amended by Laws 1941, p. 472, § 2; Laws 1945, p. 413, § 2; Laws 1947, p. 622, § 1, emerg. eff. May 21, 1947; Laws 1949, p. 634, § 2, emerg. eff. April 21, 1949; Laws 1957, p. 563, § 1, emerg. eff. May 22, 1957; Laws 1970, c. 263, § 1, emerg. eff. April 23, 1970; Laws 1981, c. 204, § 10, emerg. eff. May 26, 1981; Laws 1986, c. 276, § 19, operative July 1, 1986; Laws 1990, c. 94, § 1, emerg. eff. April 18, 1990; Laws 1998, c. 391, § 13, emerg. eff. June 10, 1998; Laws 2003, c. 459, § 2, eff. July 1, 2003; Laws 2004, c. 524, § 1.

§82-862.1. Grand River Dam Authority - Exemptions.

In addition to the powers, rights and privileges enumerated in Section 862 of this title, the Grand River Dam Authority shall be exempt from the provisions of the:

1. Oklahoma Open Records Act, exclusively limited to customer proprietary information the Authority is contractually obligated to keep confidential;

2. Oklahoma Open Meeting Act, exclusively limited to authorizing the Grand River Dam Authority Board of Directors to confer on matters pertaining to:

a. coal or gas supply contracts, and

b. rail or truck transportation contracts; and

3. Public Building Construction and Planning Act.

Added by Laws 2001, c. 397, § 7, emerg. eff. June 4, 2001. Amended by Laws 2003, c. 461, § 18, eff. July 1, 2003; Laws 2004, c. 524, § 2.

§82-862.2. Contracts.

Contracts entered into by the Grand River Dam Authority prior to November 1, 2006, for construction, labor, equipment, materials, or repairs necessary for electric generation, administration, and transmission shall not be considered public construction contracts or be subject to the provisions of Title 61 of the Oklahoma Statutes.

Added by Laws 2005, c. 234, § 3, emerg. eff. May 26, 2005.

§82-863. Repealed by Laws 1998, c. 391, § 16, eff. Jan. 1, 1999.

§82-863.1. Repealed by Laws 1949, p. 641, § 7.

§82-863.2. Board of Directors.

A. The powers, rights and privileges and functions of the Grand River Dam Authority, hereinafter referred to as the “district”, shall be exercised by a seven-member Board of Directors, to be appointed according to the provisions of this section.

B. The Board shall have rulemaking authority pursuant to the provisions of Section 861 et seq. of this title. By majority vote, the Board shall have the authority to grant exemptions from any rules not promulgated pursuant to the Administrative Procedures Act which deal with the waters of the Grand River and its tributaries. The Board shall be responsible for approving business expenses of the district necessary to carry out the business of the district. It shall be the duty of the Board of Directors to oversee the functions of the district and ensure the operations of the district are in compliance with all applicable state laws and that expenses of the district comply with state and federal guidelines for business expense deductibility.

C. Members appointed to the Board or who serve as designees shall be domiciled in the State of Oklahoma and shall have paid state income taxes for a minimum of one (1) year prior to the date of appointment.

D. No person shall be eligible to serve on the Board of Directors if the person, during the three (3) years prior to the appointment, has been employed by an investor-owned utility company, or has held a federal, state or county office, elective or appointive.

E. A member of the Board may be eligible to serve on the Oklahoma Ordnance Works Authority Board of Trustees, if appointed to that position by the Governor.

F. On July 1, 2003, or on the effective date of this act, whichever occurs later, all positions of the current Board of Directors shall be deemed vacant, and the new members of the Board of Directors shall be appointed as follows:

1. The Governor shall appoint a director to represent the industrial and commercial customers of the district;

2. The Governor shall appoint a director to represent economic development interests, lake enthusiasts and property owners;

3. The Governor shall appoint an at-large director;

4. The President Pro-Tempore of the Oklahoma State Senate shall appoint an at-large director;

5. The Speaker of the House of Representatives shall appoint an at-large director;

6. The General Manager of the Oklahoma Association of Electric Cooperatives, or designee, shall be a voting ex-officio director; and

7. The Executive Director of the Municipal Electric Systems of Oklahoma, or designee, shall be a voting ex-officio director.

G. The initial term of office for the five directors appointed pursuant to subsection F of this section shall be as follows:

1. The at-large director appointed by the President Pro Tempore of the Senate shall serve for a term of seven (7) years;

2. The at-large director appointed by the Speaker of the House of Representatives shall serve for a term of six (6) years;

3. The director appointed by the Governor representing economic development interests, lake enthusiasts and property owners shall serve for a term of five (5) years;

4. The director appointed by the Governor to represent industrial and commercial customers shall serve for a term of four (4) years; and

5. The at-large director appointed by the Governor shall serve for a term of three (3) years.

H. A successor to a director of the Board shall be appointed in the same manner as the original director and shall serve a term of seven (7) years.

I. Any director appointed to fill a vacancy on the Board occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of such term.

J. No director shall be appointed to more than one seven-year term; provided, however, a director may be appointed to fill the unexpired portion of a term and shall be eligible for reappointment to serve a full seven-year term.

K. Each director shall qualify by taking the official oath of office prescribed by general statute.

L. Any person serving on the Board of Directors on July 1, 2003, may serve on the Board as provided in this section if they are so appointed or designated and such person is eligible to serve under the provisions of this section.

M. Any director or designee may be removed for just cause by the Governor.

N. Each director shall be allowed actual and necessary expenses incurred by such director for attending meetings of the Board and authorized business of the district pursuant to the provisions of the State Travel Reimbursement Act. No director shall hold any other position of employment within the Grand River Dam Authority at the same time such director is serving on the Board.

O. The time and place of the regular meetings and the manner in which special meetings may be called shall be set forth in the bylaws of the district. Four directors shall constitute a quorum at any meeting, and, except as otherwise provided in this act or in the bylaws, all action may be taken by the affirmative vote of the majority of the Board present at any such meeting, except that no contracts which involve an amount greater than Fifty Thousand Dollars ($50,000.00), or which are to run for a longer period than one (1) year, and no bonds, notes or other evidence of indebtedness, and no amendment of the bylaws, shall be valid unless authorized or ratified by the affirmative vote of at least four directors.

P. At the first meeting of the Board following July 1, 2003, the members appointed pursuant to this section shall, by majority vote, elect a chair and chair-elect who shall serve as the vice-chair. The chair and the chair-elect shall serve a term of one (1) year. Thereafter, the membership of the Board shall elect a chair-elect, at the first meeting of each year and the previous chair-elect shall assume the position of chair for the ensuing year. A member may serve more than one term as chair or chair-elect during their tenure on the Board, provided, however, they may only serve one term in any three-year period.

Q. The Asset Committee shall be chaired by the director appointed to represent economic development interests, lake enthusiasts and property owners. Other members of the Committee may be selected by the Board.

R. The Board may appoint temporary or permanent subcommittees which may include employees of the district or other persons for any purpose it deems necessary or appropriate.

S. The Board is authorized to adopt or amend the bylaws of the district as necessary to comply with the provisions of this act.

T. For the purposes of Section 4254 of Title 74 of the Oklahoma Statutes, the directors of this board, appointed pursuant to this section, shall not be considered state officers or state employees.

Added by Laws 2003, c. 459, § 3, eff. July 1, 2003. Amended by Laws 2004, c. 524, § 3.

NOTE: Editorially renumbered from Title 82, § 863.1 to avoid a duplication in numbering.

§82-863A. Repealed by Laws 2003, c. 459, § 13, eff. July 1, 2003.

§82-864. Appointment of secretary and other officers - Compensation of officers, agents and employees.

A. 1. The Board of Directors of the Grand River Dam Authority shall select a secretary who shall keep true and complete records of all proceedings of the Board. Until the appointment of a secretary, or in the event of absence or inability to act, a secretary pro tempore shall be selected by the Board.

2. The Board shall also select a general manager, who shall be the chief executive officer of the district, and a treasurer, who may also hold the office of secretary.

3. All such officers shall have the powers and duties, and shall hold office for such term and be subject to removal in such manner as may be provided in the compensation of such officers. The Board may appoint such officers, fix their compensation and term of office and the method by which they may be removed and delegate to them such other powers and duties as it may deem appropriate.

4. Except for the purpose of inquiry, the Board and its members shall deal with the operations of the district solely through the general manager. The Board and its members shall not:

a. direct or request the general manager or other authority to appoint or remove officers or employees except as herein provided,

b. participate in any manner in the appointment or removal of officers and employees of the district, except as provided by law, or

c. give orders or ordinary administrative matters to any subordinate of the general manager either publicly or privately.

B. The general manager may appoint such other officers, agents, and employees, fix their compensation pursuant to the provisions of this section, and term of office and the method by which they may be removed, and delegate to them such of its power and duties as the general manager may deem proper.

C. Except as provided in subsection A of this section, the compensation of the classified employees of the Grand River Dam Authority shall be computed as follows:

1. Beginning July 1, 1993, and biannually thereafter, the Office of Personnel Management shall conduct a comprehensive classification and compensation study of all classified positions in the Grand River Dam Authority. The study shall be limited to an analysis of prevailing rates of pay for all positions in electrical generating utilities for jobs comparable to those performed by employees of the Grand River Dam Authority. Such study shall compare all classified positions within the Grand River Dam Authority, including support and maintenance staff employees, with comparable positions within other similarly sized electrical generating utilities only. Each biannual report shall be provided to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Board of Directors of the Grand River Dam Authority. The report shall include an analysis of all classified positions and classifications and recommend an average comparable pay scale developed through the study. The Grand River Dam Authority shall bear the cost of the study;

2. Upon the issuance of any such report, the Board of Directors of the Grand River Dam Authority shall implement the classification and compensation recommendations as appropriate, if fiscal constraints and commitments to ratepayers permit; and

3. The Board of Directors of the Grand River Dam Authority may implement adjustments in compensation to correct inequities as determined by the Board of Directors. The total of these adjustments and those described in paragraph 2 of this subsection may increase the base payroll in excess of the recommendation in the Office of Personnel Management study.

Added by Laws 1935, p. 353, § 4. Amended by Laws 1993, c. 299, § 1, eff. July 1, 1993; Laws 1997, c. 240, § 2, emerg. eff. May 23, 1997; Laws 1998, c. 391, § 15, eff. Jan. 1, 1999; Laws 2003, c. 459, § 4, eff. July 1, 2003.

§82-864.1. Retired employees - Payment of health insurance premiums.

Except as otherwise provided for in this section, for the life of a retired employee, the Grand River Dam Authority shall pay not less than Sixty Dollars ($60.00) of its retired member’s, employee only, health insurance premiums as long as the retiree elects to continue participation in one of the plans offered by the State and Education Employees Group Insurance Board. Such payment made by the Grand River Dam Authority shall be in addition to any amount contributed by the Oklahoma Public Employees Retirement System pursuant to Section 1316.2 of Title 74 of the Oklahoma Statutes. At its discretion, the Board of Directors of the Grand River Dam Authority may elect to pay more than Sixty Dollars ($60.00) toward the health insurance premium of a retired employee.

If the sum of the amount paid by the Grand River Dam Authority plus the medical supplement paid by the Oklahoma Public Employees Retirement System pursuant to Section 1316.2 of Title 74 of the Oklahoma Statutes exceeds the amount of the retired member’s, employee only, health insurance premium, the Authority may reduce the amount it contributes.

Added by Laws 2003, c. 459, § 5, eff. July 1, 2003. Amended by Laws 2004, c. 524, § 4; Laws 2005, c. 234, § 4, emerg. eff. May 26, 2005.

§82‑865. Surplus funds and revenue of district ‑ Deposit ‑ Disbursement of district funds ‑ Official bonds.

The surplus funds and revenues of the district shall be deposited in interest bearing accounts yielding a rate of return at least equal to that earned by the Treasurer of the State of Oklahoma on like amounts invested for the same period. In addition, the surplus funds and revenues of the district shall be deposited in accordance with Section 870 of this title and any bond resolutions issued thereunder. The money of the district shall be disbursed only on check, drafts, orders or other instruments signed by such persons as shall be authorized to sign the same by the bylaws or resolution concurred in by not less than four directors; such persons may execute or cause to be executed checks with a facsimile signature in lieu of their manual signatures. The general manager, the treasurer and all other officers, agents and employees of the district who shall be charged with the collection, custody or payment of any funds of the district shall give bond conditioned on the faithful performance of their duties and an accounting for all funds and property of the district coming into their respective hands, each of which bonds shall be in form and amount and with a surety, which shall be a surety company authorized to do business in the state, approved by the Board, and the premiums on such bonds shall be paid by the district and charged as an operating expense.

Laws 1935, p. 353, § 5; Laws 1947, p. 624, § 2; Laws 1957, p. 565, § 2; Laws 1970, c. 263, § 3, emerg. eff. April 23, 1970; Laws 1981, c. 204, § 12, emerg. eff. May 26, 1981.

§82‑866. Domicile of district ‑ Accounts and records ‑ Contracts ‑ Annual audit ‑ Filing ‑ Public inspection.

The domicile of the district shall be in the City of Vinita, County of Craig, where the district shall maintain its principal office in charge of its general manager, until otherwise designated by the affirmative vote of four directors. The district shall cause to be kept complete and accurate accounts conforming to approved methods of bookkeeping. The accounts and all contracts, documents and records of the district shall be kept at the principal office. The accounts and contracts shall be open to public inspection at all reasonable times. The Board shall cause to be made and completed within ninety (90) days after the end of each calendar year an audit of the books of account and financial records of the district for such calendar year, such audit to be made by an independent certified public accountant or firm of certified public accountants. Copies of a written report of such audit, certified to by the accountant or accountants, shall be placed and kept on file with the Governor, the State Treasurer, Oklahoma Department of Libraries and the State Auditor and Inspector of the State of Oklahoma, and at the principal office, and shall be open to public inspection at all reasonable times. The audit shall also be filed with the Director of State Finance, in accordance with the requirements set forth for financial statement audits in Section 212A of Title 74 of the Oklahoma Statutes.

Added by Laws 1935, p. 353, § 6. Amended by Laws 1939, p. 561, § 2, emerg. eff. April 8, 1939; Laws 1955, p. 475, § 2, emerg. eff. Feb. 14, 1955; Laws 1981, c. 204, § 13, emerg. eff. May 26, 1981; Laws 1996, c. 290, § 20, eff. July 1, 1996.

§82‑867. Officers and employees to have no interest in contracts ‑ Fine.

No director, officer, agent, or employee of the district shall be directly or indirectly interested in any contract for the purchase of any property or construction of any work by or for the district, and if any such person shall be or become so interested in any such contract, he shall be guilty of a felony and, on conviction thereof shall be subject to a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00) or to confinement in the county jail for not less than one (1) year nor more than ten (10) years, or both.

Added by Laws 1935, p. 354, § 7. Amended by Laws 1997, c. 133, § 594, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 430, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 594 from July 1, 1998, to July 1, 1999.

§82‑868. Board authorized to fix and collect rates and charges ‑ State's power to fix charges not to impair contracts.

The board shall establish and collect rates and other charges for the sale or use of water, water connections, power, electric energy or other services sold, furnished, or supplied by the district which fees and charges shall be reasonable and nondiscriminatory and sufficient to produce revenue adequate:

(a) To pay all expenses necessary to the operation and maintenance of the properties and facilities of the district;

(b) To pay the interest on and principal of all bonds issued under this act when and as the same shall become due and payable;

(c) To pay all sinking fund and/or reserve fund payments agreed to be made in respect of any such bonds, and payable out of such revenues, when and as the same shall become due and payable; and

(d) To fulfill the terms of any agreements made with the holders of such bonds and/or with any person in their behalf. Out of the revenues which may be received in excess of those required for the purposes specified in subparagraphs (a), (b), (c) and (d) above, the board shall establish a reasonable depreciation and emergency fund, and retire (by purchase and cancellation or redemption) bonds issued under this act, or apply the same to any corporate purpose. It is the intention of this act that the rates and charges of the district shall not be in excess of what may be necessary to fulfill the obligations imposed upon it by this act.

Nothing herein shall be construed as depriving the State of Oklahoma of its power to regulate and control fees and/or charges to be collected for the use of water, water connections, power, electric energy, or other services, provided, that the State of Oklahoma does hereby pledge to and agree with the purchasers and successive holders of the bonds issued hereunder that the state will not limit or alter the power hereby vested in the district to establish and collect such fees and charges as will produce revenues sufficient to pay the items specified in subparagraphs (a), (b), (c), and (d) of this Section 8, or in any way to impair the rights or remedies of the holders of the bonds, or of any person in their behalf, until the bonds, together with the interest thereon, with interest on unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and all other obligations of the district in connection with such bonds are fully met and discharged.

Laws 1935, p. 354, § 8.

§82-869. Sources for payment of obligations of district.

A. Any and every indebtedness, liability or obligation of the district, for the payment of money, however entered into or incurred, and whether arising from contract, implied contract or otherwise, shall be payable solely (1) out of the revenues received by the district in respect of its properties, subject to any prior lien thereon conferred by any resolution or resolutions theretofore adopted as in this act provided, authorizing the issuance of bonds or (2), if the Board shall so determine out of the proceeds of sale or issuance by the district of bonds or bond anticipation notes payable solely from such revenues.

B. Notwithstanding the provisions of this section, the district is hereby authorized to accept state appropriations to pay any lease-purchase obligations for property purchased from the sale of bonds as provided by law in Section 301 et seq. of Title 73 of the Oklahoma Statutes.

Added by Laws 1935, p. 354, § 9. Amended by Laws 1981, c. 204, § 14, emerg. eff. May 26, 1981; Laws 2001, c. 71, § 1, emerg. eff. April 10, 2001.

§82‑870. Bonds ‑ Authorization to issue ‑ Provisions of resolution and indenture or agreement ‑ Approval by Attorney General ‑ Registration ‑ Notice of meetings and conference concerning certain coal plants.

The district shall have power and is hereby authorized to issue from time to time, as the need therefor arises, revenue bonds for its corporate purposes of not to exceed One Billion Four Hundred Ten Million Dollars ($1,410,000,000.00), in such amount or amounts as are necessary, incidental or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this act, or any other act or law, and without limitations of the generality of the powers, rights and privileges heretofore granted, for acquiring a steam generating plant or plants and related facilities, and to extend, improve and reconstruct the same; and for constructing, installing and acquiring dams, reservoirs, hydroelectric power plants, or any steam, oil, gas, coal‑fired, thermal, geothermal, solar or waste or refuse reclamation powered electrical generating plant or plants or any other electrical power or generating facilities; or any plant or plants for the production of steam for heating and processing purposes; and all and any facilities of every kind necessary, incidental or convenient for the production and generation of electric power and energy; and for acquiring, constructing and installing transmission lines, substations and all facilities necessary, incidental or convenient to the sale, resale, interchange and distribution of electric power and energy; and for carrying on the business and functions of the district, as is now or hereafter may be authorized by law; and for acquiring additions and improvements to and extensions of facilities, at any time existing, of the district; and for the acquisition of lands and rights‑of‑way for such use as is now, or may be, authorized by law for the construction, replacement and repair of any dams, plants or other facilities of the district; and to enable it to finance, in cooperation with any "public agency", as defined under the Interlocal Cooperation Act, Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes, any other agency of government, rural electric co‑op corporation, or any private or public corporation, the development and utilization of electrical energy or the water resources and rights in waters vested in said district for such purposes as are, or may be, authorized by the laws of Oklahoma, and for financing and refinancing present outstanding obligations of the district, including the payment of any claims, charges or interest on bonds required to be paid. The bonds herein authorized may either be (1) sold for cash, at public or private sale, at such price or prices as the Board shall determine, provided that the interest cost of the money received computed to maturity in accordance with standard bond tables in general use by banks and insurance companies shall not exceed fifteen percent (15%) per year, or (2) may be issued on such terms as the Board shall determine in exchange for property of any kind, real, personal or mixed, or any interest therein which the Board shall deem necessary, incidental or convenient for any such corporate purposes, or (3) may be issued in exchange for like principal amounts of other obligations of the district, matured or unmatured, or (4) may be issued in such principal amounts that when the proceeds thereof are invested in legal and qualified investment, the proceeds together with the resulting proceeds of such investments will be sufficient to retire the outstanding initial indebtedness or any portion thereof at maturity or at prior redemption. The proceeds of sale of such bonds shall be deposited in such bank or banks or trust company or trust companies, and shall be paid out pursuant to such terms and conditions as may be agreed upon between the district and the purchasers of such bonds. All such bonds shall be authorized by resolutions of the Board concurred in by at least four of the members thereof, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding fifteen percent (15%) per year payable annually or semiannually, be in such denominations, be in such form, either coupon or registered, carry such registration privileges as to principal only or as to both principal and interest, and as to exchange of coupon bonds for registered bonds or vice versa, and exchange of bonds of one denomination for bonds of other denomination, be executed in such manner and be payable at such place or places within or without the State of Oklahoma as such resolution or resolutions may provide. Any resolution or resolutions authorizing any bonds may contain provisions which shall be part of the contract between the district and the holders thereof from time to time (a) reserving the right to redeem such bonds at such time or times, in such amounts and at such prices, not exceeding one hundred five percent (105%) of the principal amount thereof, plus accrued interest, as may be provided, (b) providing for the setting aside of sinking funds or reserve funds and the regulation and disposition thereof, (c) pledging to secure the payment of the principal of and interest on such bonds and of the sinking fund or reserve fund payments agreed to be made in respect of such bonds all or any part of the gross or net revenues thereafter received by the district in respect of the property, real, personal or mixed, to be acquired or constructed with such bonds or the proceeds thereof, or all or any part of the gross or net revenues thereafter received by the district from whatever source derived, (d) prescribing the purposes to which such bonds or any bonds thereafter to be issued, or the proceeds thereof, may be applied, (e) agreeing to fix and collect rates and charges sufficient to produce revenues adequate to pay the items specified in subparagraphs (a), (b), (c) and (d) of Section 868 of Title 82 of the Oklahoma Statutes and prescribing the use and disposition of all revenues, (f) prescribing limitations upon the issuance of additional bonds and upon the agreements which may be made with the purchasers and successive holders thereof, (g) with regard to the construction, extension, improvement, reconstruction, operation, maintenance and repair of the properties of the district, carrying of insurance upon all or any part of said properties covering loss or damage or loss of use and occupancy resulting from specified risk, (h) fixing the procedure, if any, by which, if the district shall so desire, the terms of any contract with the holders of such bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given, (i) for the execution and delivery by the district to a bank or trust company authorized by law to accept trusts, or to the United States of America or any office or agency thereof, of indentures and agreements for the benefit of the holders of such bonds setting forth any or all of the agreements herein authorized to be made with or from the benefit of the holders of such bonds and such other provisions as may be customary in such indentures or agreements, and (j) such other provisions, not inconsistent with the provisions of the act, as the Board may approve.

Any such resolution and any indenture or agreement entered into pursuant thereto may provide that in the event that (a) default shall be made in the payment of the interest on any or all bonds when and as the same shall become due and payable, or (b) default shall be made in the payment of the principal of any or all bonds when and as the same shall become due and payable, whether at the maturity thereof, by call for redemption or otherwise, or (c) default shall be made in the performance for any agreement made with the purchasers or successive holders of any bonds, and such default shall have continued such period, if any, as may be prescribed by said resolution in respect thereof, the trustee under the indenture or indentures entered into in respect of the bonds authorized thereby, or if there shall be no such indenture, a trustee appointed in the manner provided in such resolution or resolutions by the holders of twenty‑five percent (25%) in aggregate principal amount of the bonds authorized thereby and at the time outstanding may, and, upon the written request of the holders of twenty‑five percent (25%) in aggregate principal amount of the bonds authorized by such resolution or resolutions at the time outstanding, shall, in his or its own name, but for the equal and proportionate benefit of the holders of all of such bonds, and with or without possession thereof,

(1) By mandamus or other suit, action or proceeding at law or in equity, enforce all rights of the holders of such bonds,

(2) Bring suit upon such bonds and/or the appurtenant coupons,

(3) By action or suit in equity, require the district to account as if it were the trustee of an express trust for the bondholders,

(4) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds, and/or

(5) After such notice to the district as such resolution may provide, declare the principal of all of such bonds due and payable, and if all defaults shall have been made good, then with the written consent of the holder or holders of twenty‑five percent (25%) in aggregate principal amount of such bonds at the time outstanding annul such declaration and its consequence; provided, however, that the holders of more than a majority in principal amount of the bonds authorized thereby and at the time outstanding by instrument or instruments in writing delivered to such trustee have the right to direct and control any and all action taken or to be taken by such trustee under this paragraph. Any such resolution, indenture or agreement may provide that in any such suit, action or proceeding, any such trustee, whether or not all of such bonds shall have been declared due and payable, and with or without possession of any thereof, shall be entitled as of right to the appointment of a receiver who may enter and take possession of all or any part of the properties of the district and operate and maintain the same, and fix, collect and receive rates and charges sufficient to provide revenues adequate to pay the items set forth in subparagraphs (a), (b), (c) and (d) of Section 868 of Title 82 of the Oklahoma Statutes and the costs and disbursements of such suit, action or proceeding, and to apply such revenues in conformity with the provisions of this act and the resolution or resolutions authorizing such bonds. In any suit, action or proceeding by any such trustee, the reasonable fees, counsel fees and expense of such trustee and of the receiver or receivers, if any, shall constitute taxable disbursements and all costs and disbursements, and all costs and disbursements allowed by the court shall be a first charge upon any revenues pledged to secure the payment of such bonds. Subject to the provisions of the Constitution of the State of Oklahoma, the courts of the County of Craig, or other county wherein the domicile may be situated, shall have jurisdiction of any such suit, action or proceeding by any such trustee on behalf of the bondholders and of all property involved therein. In addition to the powers hereinabove specifically provided for, each such trustee shall have and possess all powers necessary or appropriate for the exercise of any thereof, or incident to the general representation of the bondholders in the enforcement of their right.

Before any bonds shall be sold by the district, a certified copy of the proceedings for the issuance thereof, including the form of such bonds, together with any other information which the Attorney General of the State of Oklahoma may require, shall be submitted to the Attorney General and if he shall find that such bonds have been issued in accordance with law he shall approve such bonds and execute a certificate to that effect which shall be filed in the Office of the State Auditor and Inspector of the State of Oklahoma and be recorded in a record kept for that purpose. No bonds shall be issued until the same shall have been registered by the State Auditor and Inspector, who shall so register the same if the Attorney General shall have filed with the State Auditor and Inspector his certificate approving the bonds and the proceedings for the issuance thereof as hereinabove provided. All bonds approved by the Attorney General as aforesaid, and registered by the State Auditor and Inspector as aforesaid, and issued in accordance with the proceedings so approved shall be valid and binding obligations of the district and shall be incontestable for any cause from and after the time of such registration.

The Board shall advise the Attorney General of all meetings and conferences which concern the issuance of bonds by the Grand River Dam Authority for the Coal‑Fired Plant No. 2. The Attorney General or his designee shall attend all such meetings and provide to the Speaker of the House of Representatives and the President Pro Tempore of the Senate a report on the progress of the bond issuance and any recommendations for legislative action necessary for the proper issuance of such bonds.

Amended by Laws 1982, c. 185, § 1, emerg. eff. April 20, 1982.

§82‑870.1. Bond anticipation notes.

Whenever the board shall have adopted a resolution authorizing a specific project and the issuance of any series of bonds thereunder but prior to the time the bonds can be delivered the board finds it necessary to borrow money for the purpose for which the bonds were authorized, the board may, by appropriate resolutions and subject to all other provisions of Sections 861 through 889 of this title, authorize the borrowing of money in anticipation of the issuance of the bonds, and the issuance of notes of the board to evidence such borrowing. The amount so borrowed shall not exceed the principal amount of the bonds and shall not bear interest at a rate exceeding the allowable interest rate of the bonds. Such notes shall be signed in the manner prescribed by the board and shall be made payable at such times as the board may prescribe not later than five (5) years from their respective dates and may be renewed from time to time by the issuance of new notes hereunder. The proceeds of any loan made under this section shall be devoted exclusively to the purposes for which the bonds shall have been authorized and the notes and the interest thereon shall be paid with the proceeds of the bonds simultaneously with the delivery of the bonds. If for any reason the bonds shall not be issued, the holder or holders of the notes shall be entitled to all rights which would have been enjoyed by the holders of the bonds had they been issued, and the notes shall be paid from the revenues provided for the payment of the bonds and shall be entitled to the benefit of all covenants, agreements and rights appearing in the resolution authorizing the bonds for the benefit of the bonds.

Laws 1977, c. 24, § 2, emerg. eff. April 25, 1977.

§82-870.2. Repealed by Laws 2004, c. 524, § 6.

§82‑871. Bonds negotiable.

All bonds issued by the district pursuant to the provisions of this act shall constitute negotiable instruments within the meaning of The Negotiable Instruments Law.

Laws 1935, p. 357, § 11.

§82‑872. District to establish rules and regulations concerning labor and materials ‑ Authority to request aid of United States engineers.

The district may, but without intending by this provision to limit any powers of the district as granted to it by this act, enter into and carry out such contract, or establish or comply with such rules and regulations concerning labor and materials and other related matters in connection with any project or projects as the District may deem desirable or as may be requested by the United States of America, or any corporation or agency created, designated or established thereby, which may assist in the financing of any such project or projects. The district shall have the authority to request engineering aid of the Corps of Engineers of the United States Army, the Federal Power Commission, or any other federal agency, in the designing and construction of any project authorized under the terms of this act and to use such aid, if and when offered, and to pay any reasonable cost therefor.

Laws 1935, p. 357, § 12.

§82‑873. District authorized to purchase, fund or refund bonds, etc.

The Grand River Dam Authority is hereby authorized to fund and refund any and all lawful obligations and any and all revenue bonds issued, or contracted to be sold, by it by the issuance of new revenue bonds, or from the proceeds of sale of new revenue bonds, or by the exchange of new revenue bonds and to renegotiate any agreement of indenture whereunder said obligations or revenue bonds authorized to be funded and refunded hereby may be outstanding, or contracted, but any new revenue bonds issued, exchanged or sold to fund or refund said outstanding obligations and revenue bonds and all agreements and indentures providing for the payment and securing thereof shall conform to the provisions of the Grand River Dam Authority Act, as amended; provided, that no outstanding obligations or revenue bonds shall be funded or refunded or exchanged on the basis of a price in excess of principal, accrued interest, redemption premium, or charges in excess of those provided by said obligations or revenue bonds or the indenture or agreement whereunder issued or incurred, plus the necessary and reasonable costs of funding, refunding or exchange thereof; provided, further that said Authority shall have the power to purchase any revenue bonds issued, or contracted to be issued, by it at a price not exceeding the redemption price applicable at the time of purchase thereof, or, if no redemption price is fixed, then at principal plus accrued interest, from any funds available and provided for the payment of said revenue bonds and when purchased said bonds shall be canceled.

Laws 1935, p. 357, § 13; Laws 1945, p. 409, § 1; Laws 1949, p. 640, § 5.

§82-874. Mortgage, sale, lease or other disposition of property - Pledge of revenues - Exemption from forced sale - Section not applicable to certain agreements.

Nothing in Sections 861 through 890 of this title shall be construed as authorizing the district and it shall not be authorized to mortgage or otherwise encumber any of its property of any kind, real, personal or mixed, or any interest therein, or to acquire any such property or interest subject to a mortgage or conditional sale, provided that this section shall not be construed as preventing the pledging of the revenues of the district as herein authorized. Nothing in Sections 861 through 890 of this title shall be construed as authorizing the sale, lease or other disposition of any such property or interest of the district by the district or any receiver of any of its properties or through any court proceeding or otherwise. The district may sell for cash, and subject to competitive bidding as provided by the Board, any such property or interest in an aggregate value not exceeding the sum of Five Hundred Thousand Dollars ($500,000.00) in any one (1) year, except that the district may sell any or all surplus property that the district may have acquired without regard to the limitations herein, if the Board, by the affirmative vote of five of the members thereof, shall have determined that the same is not necessary to the business of the district and shall have approved the terms of any such sale. The district may lease any of its lands if the Board, by the affirmative vote of five of the members thereof, shall have determined that the same can be leased without injury to or without interference with the operations of the project, and shall have approved the terms of any such lease. No shorelands (lands lying between the low and high water marks) shall be leased for a term longer than two (2) years and not more than one‑fourth (1/4) mile of the lake front shall be leased to any one person, firm or corporation. The district may lease shorelands to political subdivisions, agencies of the State of Oklahoma, or tax‑exempt public trusts, for any public purpose, on such terms as are mutually satisfactory to the parties, notwithstanding the limitations expressed above. No lease shall deprive the owner of any land adjacent to the shorelands or lake front, or abutting thereon, of ingress or egress to and from the water of the lakes and shall not deprive said owner of any wharf, dock or boat anchorage privileges that would belong to said owner if said shorelands or lake front were not leased, it being the intention of Sections 861 through 890 of this title that, except by sale, lease or agreement as in Sections 861 through 890 of this title expressly authorized, no such property or interest shall ever come into the ownership or control, directly or indirectly, of any person, firm or corporation other than a public authority created under the laws of the State of Oklahoma. Nothing in this section shall be construed as preventing the district from contracting with the United States or any agency thereof for the temporary possession, control and use of such properties by the United States or any agency thereof for the safety and defense of the United States in time of a national emergency or in anticipation thereof. All property of the district shall be at all times exempted from forced sale, and nothing in Sections 861 through 890 of this title contained shall authorize the sale of any of the property of the district under any judgment rendered in any suit, and such sales are hereby prohibited and forbidden. The provisions of this section shall not apply to any sale agreement, lease agreement or other agreement entered into by the district pursuant to paragraphs (f) or (g) of Section 862 of this title, provided that such agreement is in compliance with any applicable provision restricting the sale or leasing of property by the district contained in any resolution of the district providing for the issuance of revenue bonds.

Laws 1935, p. 357, § 14; Laws 1941, p. 474, § 3; Laws 1947, p. 625, § 3; Laws 1949, p. 640, § 6, eff. April 21, 1949; Laws 1955, p. 475, § 3, eff. Feb. 14, 1955; Laws 1957, p. 570, § 1; Laws 1981, c. 204, § 17, eff. May 26, 1981; Laws 1982, c. 185, § 2, emerg. eff. April 20, 1982; Laws 2005, c. 234, § 5, emerg. eff. May 26, 2005.

§82‑874.1. Watercraft landing on leased land.

A lease entered into by the Authority shall contain a clause prohibiting the collection of a fee from the public for the use of watercraft landing on said leased land. Laws 1957, p. 570, Sec. 2.

Laws 1957, p. 570, § 2.

§82-874.2. Licenses for real property encroachment.

The Grand River Dam Authority is hereby authorized in its discretion to issue licenses to encroach upon real property owned by the Authority to adjacent property owners for structures built upon the real property prior to June 1, 2005. The Authority shall receive from the licensee for any license issued pursuant to this section the fair market value of the unimproved land and any administrative costs, including appraisals or surveys, required by the Authority.

Added by Laws 2005, c. 234, § 6, emerg. eff. May 26, 2005.

§82‑875. Rights of public ‑ Fees ‑ Rules and regulations ‑ Permits ‑ Attorney General to enforce compliance ‑ Acquisition for land for park or road purposes.

A. The district shall not prevent free public use of its lands and lakes for recreation purposes and for hunting and fishing, except at such points where, in the opinion of the Directors, such use would be dangerous or would interfere with the proper conduct of its business, but may in the interest of public health and safety make reasonable regulations governing such use.

B. All existing public rights‑of‑way to the areas to be flooded by the impounded waters shall remain open as a way of free public passage to and from the lakes created, and no charge shall ever be made to the public for right to engage in hunting, fishing, boating or swimming in said lakes, and no charges shall ever be made for a permit to operate or use or for the inspection of boats and equipment, except that the Authority may prescribe an annual fee for the issuance or renewal of a permit for a private anchorage, wharf, dock or boathouse. Such fee shall be used to defray the expenses of operating and equipping the Authority's Lake Patrol. The public shall have free use of and access to the waters of the lakes for private use, and shall have the right to anchorage, wharf, dock, boatdock, houseboat and landing privileges free of charge when used for private boating, but such anchorage, wharf, dock, boatdock, houseboat and landing privileges shall only be allowed after a permit therefor has been issued. Provided that no permit for any anchorage, wharf, dock, boatdock, houseboat and landing privileges shall be issued which would deprive the owner of land adjacent to the shoreland or lake front or abutting thereon of any anchorage, wharf, dock, boatdock, houseboat and landing privileges. The district may designate areas closed to such use, where in its opinion such use would interfere with the health or safety of the public, or with the proper conduct of the business of the district. The district shall prescribe suitable rules for the use of firearms on its lands and lakes and suitable rules and regulations and rules of travel, in the interest of public safety, for the use of the waters of the lakes. The rules and regulations and the rules of travel of boats used on or plying the waters of the lakes shall be in keeping with the rules and regulations of the United States Bureau of Navigation for inland waters.

C. The district shall prescribe, in the interest of public safety, suitable rules and regulations governing the keeping for hire or operations of a boat or boats, surfboards, aquaplanes, sea‑skis or similar devices for pecuniary profit or gain on the waters of the lakes. The keeping for hire or operation of a boat or boats, surfboards, aquaplanes, sea‑skis or similar devices, for pecuniary profit or gain, on the waters of the lake, shall only be allowed after a permit therefor has been issued by the district. Applications for such permits are to be in writing, upon a form prescribed and furnished by the district, and containing such information as is required by the district. For the issuance of such a permit the district shall charge a fee in an amount as specified by the district, and shall have the power to prescribe the size and type of boat or boats allowed to operate under such permit and the equipment necessary to such operation. A permit shall be procured for the construction of wharves, docks, landings and anchorages when constructed for commercial or rental purposes. For the issuance of such a permit the district shall charge a fee in an amount as specified by the district. The district shall prescribe the type, style and location and equipment of wharves, docks, anchorages and landings from which such boats operate and their rules of travel. Issuance of permits is to be deferred and withheld unless and until the applicant therefor has paid the permit fee and procured and deposited with the district a good and sufficient bond, either in cash, or by a surety company licensed to do business in this state, or public liability and property damage insurance, written by a company licensed to do business in Oklahoma, in an amount and in such form as the district shall specify, so as to assure compensation for injuries to or death of persons, and loss or damage to property for which the holder of such permit may be legally liable. Upon it being called to the attention of the Attorney General of Oklahoma by any citizen of Oklahoma that this section has not been complied with, it shall be the duty of the Attorney General of Oklahoma to institute the proper legal proceedings to require said district, or its successor, to comply with the provisions of this section.

D. The district may acquire, by purchase, condemnation, or otherwise, lands suitable for park purposes or roadways along the shores of said lakes. After acquiring such lands the Grand River Dam Authority may, but shall not be required to, assign or lease the same to the State of Oklahoma for park or road purposes and if such assignment is made the same shall be under the supervision and control of the Oklahoma Tourism and Recreation Commission or the Oklahoma Wildlife Commission, which shall keep said lands so assigned open to the public without charge so that the public in general may have access to the lakes.

Laws 1935, p. 357, § 15; Laws 1941, p. 471, § 1; Laws 1970, c. 263, § 4, emerg. eff. April 23, 1970; Laws 1981, c. 204, § 18, emerg. eff. May 26, 1981.

§82‑876. Bonds exempted from taxation except inheritance taxes ‑ Bonds and securities.

All bonds and the interest thereon issued pursuant to the provisions of this act shall be exempt from taxation, except inheritance taxes, by the State of Oklahoma or by any municipal corporation, county or other political subdivision or taxing district of the state.

Bonds issued under the provisions of this act are hereby made securities in which all public officers and public bodies, agencies and instrumentalities of the state and its political subdivisions, all banks, trust companies, trust and loan associations, investment companies, and others carrying on a banking business, and all insurance companies and insurance associations, and others carrying on an insurance business, may legally and properly invest funds including capital in their control or belonging to them. Such bonds are also approved as collateral security for the deposit of any public funds and for the investment of trust funds.

Laws 1935, p. 358, § 16; Laws 1981, c. 204, § 19, emerg. eff. May 26, 1981.

§82‑877. Act to constitute only authority for bond issues ‑ Other acts inapplicable.

This act without reference to other statutes of the State of Oklahoma shall constitute full authority for the authorization and issuance of bonds, hereunder, and no other act or law with regard to the authorization or issuance of obligations or the deposit of the proceeds thereof, or in any way impeding or restricting the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.

Laws 1935, p. 358, § 17.

§82‑878. Construction of act.

This act and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein.

Laws 1935, p. 358, § 18.

§82‑879. Partial invalidity.

If any provision of this act or the application thereof to any person or circumstance shall be held to be invalid, the remainder of the act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Laws 1935, p. 358, § 19.

§82‑880. Short title.

This act may be cited as the Grand River Dam Authority Act.

Laws 1935, p. 358, § 20.

§82‑882. Judicial determination by Supreme Court of validity of bonds, contracts and other acts ‑ Notice.

The district is authorized in its discretion to file an application with the Supreme Court of Oklahoma for approval by said court of any bonds to be issued under this act, or to file a petition for a judgment determining the validity of any proposed contract or action arising from the exercise of any of the powers, rights, privileges and functions conferred upon the district under this act; and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application or petition. It shall be the duty of the Court to give such applications and petitions precedence over the other civil business of the Court except habeas corpus proceedings, and to consider and pass upon the applications and petitions and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application and petition shall be given by a notice published in a newspaper of general circulation in the state that on a day named the district will ask the Court to hear its application and approve the bonds, or hear its petition and enter a declaratory judgment. Such notice shall inform property owners, taxpayers, ratepayers, citizens, and all persons having or claiming any right, title, or interest in such matter or properties or funds to be affected by the issuance of such bonds, or proposed contract or action, or affected in any way thereby, that they may file protests against the issuance of the bonds, or declaratory judgment, and be present at the hearings and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and that, when issued, they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds, and shall, upon application of the district, also issue an order permanently enjoining all persons described in the aforesaid notice from thereafter instituting any action or proceeding contesting the validity of such bonds, or of the rates, fees or charges authorized to be charged for the payment thereof, or the pledge of revenues to secure such payment, and shall fix the time within which a petition for rehearing may be filed. If the Court shall be satisfied that the proposed contract or action is in accordance with this act, the Court shall enter a judgment approving and declaring such contract or action to be valid, and shall, upon application of the district, also issue an order permanently enjoining all persons described in the aforesaid notice from thereafter instituting any action or proceeding contesting the validity of such contract or action, and shall fix the time within which the petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the district, its officers and agents, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma, and any declaratory judgment on any contract or action of the district entered pursuant to this section shall have the force and effect of a final judgment or decree.

Laws 1957, p. 568, § 4.

§82‑887. Waters of Grand River and reservoirs thereon as nonnavigable and waters of State of Oklahoma.

That the waters of Grand River in Oklahoma and the Pensacola and Markham Ferry Reservoirs, located thereon, be and are hereby determined and declared to be non‑navigable and waters of the State of Oklahoma.

Laws 1963, p. 759, H.J.R.No.548, § 1.

§82‑888. Distribution of copies of resolution.

That a copy of this resolution be transmitted to the President of the United States, the Secretary of the United States Senate and the Clerk of the House of Representatives of the United States, and to each member of Congress, from the State of Oklahoma and to the Commandant of the United States Coast Guard, Washington, D.C.

Laws 1963, p. 759, H.J.R.No.548, § 2.

§82-889. Permits for maintaining docks, wharves, vessels, etc. - Limitation - Rules.

The Grand River Dam Authority shall issue no permit for any dock, wharf, landing, boathouse or for any houseboat, vessel or other floating structure of a stationary or semistationary nature and no permit heretofore issued shall be valid unless said dock, wharf, landing, boathouse or such stationary or semistationary houseboat, vessel or other floating structure of any nature shall be securely attached to the shorelands adjacent to the water's edge by means of suitable cables or metal stiff‑arms as approved by the Authority. Said cables or stiff‑arms and any walkway extending to the shorelands shall conform to the rules promulgated by the Authority.

Laws 1971, p. 1040, H.J.R. No. 1029, § 1, emerg.eff. June 17, 1971; Laws 2005, c. 234, § 7, emerg. eff. May 26, 2005.

§82‑890. Control of segment of Grand River downstream from Fort Gibson Dam.

The Grand River Dam Authority shall have no control over that portion of the Grand River downstream from Fort Gibson Dam to the point of confluence of the waters of the Grand River with those of the Arkansas River. Laws 1975, c. 108, Sec. 1. Emerg. eff. May 6, 1975.

Laws 1975, c. 108, § 1, emerg. eff. May 6, 1975.

§82-895. Certain municipal annexations prohibited.

Municipalities are prohibited from annexing property which is covered by any body of water subject to the control of the Grand River Dam Authority or from annexing any property located within one thousand (1,000) feet of the high water mark of such body of water, without prior approval of the Grand River Dam Authority Board of Directors. Provided, however, municipalities may annex property by crossing a body of water if the property has been improved with a bridge or similar permanent structure.

Added by Laws 1997, c. 240, § 5, emerg. eff. May 23, 1997. Amended by Laws 2003, c. 459, § 7, eff. July 1, 2003.

§82-926.1. Renumbered as § 1084.2 of this title by Laws 1993, c. 145, § 361, eff. July 1, 1993.

§82-926.2. Renumbered as § 2-6-102 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§82-926.3. Renumbered as § 2-6-103 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§82-926.4. Renumbered as § 2-6-501 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§82-926.5. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.6. Renumbered as § 1085.30 of this title by Laws 1993, c. 145, § 361, eff. July 1, 1993.

§82-926.7. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.8. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.9. Renumbered as § 2-3-501 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§82-926.10. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.11. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.12. Repealed by Laws 1993, c. 145, § 362, eff. July 1, 1993.

§82-926.13. Renumbered as § 2-6-104 of Title 27A by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§82-931. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-932. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-932.1. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-932.2. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-932.3. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-933. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-934. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-934.1. Renumbered as § 365 of Title 17 by Laws 1991, c. 181, § 12, eff. July 1, 1991.

§82-934.2. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-934.3. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-935. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-936. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-936.1. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-937. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-937.1. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-937.2. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-937.4. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-937.5. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-938. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-940. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-941. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-942. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-943. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82-944. Repealed by Laws 1992, c. 398, § 24, eff. Jan. 1, 1993.

§82‑1086.6. Grand River Dam Authority ‑ Exemption.

The dams, water and land under the jurisdiction and ownership of the Grand River Dam Authority are hereby specifically exempt from the provision of this act.

Laws 1974, c. 25, Section 6, emerg. eff. April 10, 1974.

Laws 1974, c. 25, § 6, emerg. eff. April 10, 1974.

Title 300. Grand River Dam Authority

Chapter 25. LICENSE TO ENCROACH

Subchapter 1. Purpose and Definitions

300:25-1-1. Purpose

This Chapter establishes procedures for obtaining a license to encroach on Grand River Dam Authority ("GRDA") real property as authorized by 82 O.S.Supp.2005, § 874.2. The procedure outlined herein applies to only residential property.

300:25-1-2. Definitions

The following words or terms when used in this Chapter shall have the following meaning unless the context indicates otherwise.

"Adjacent Property" means that property which is immediately contiguous and appurtenant to the GRDA property which the improvement is built.

"Board" means the Board of Directors of the Grand River Dam Authority.

"Fair market value" means the price in cash a willing but not obligated tenant would pay, and a willing but not obligated landlord would charge for the same or similar lands for the highest and best legal use of the property.

"GRDA land(s)" means that real property owned by the Grand River Dam Authority.

"Improvements" means buildings, retaining walls, or other permanent or temporary structures or developments located on or attached to GRDA lands.

Subchapter 3. Policy, Issuance, Termination and Transfer

300:25-3-1. License to encroach policy

While reserving the right to refuse any or all applications for a License to encroach upon GRDA lands, the Board may issue licenses to encroach for improvements built prior to June 1, 2005 upon GRDA lands to assist landowners with title and marketability issues. No License will be issued for improvements built subsequent to June 1, 2005.

300:25-3-2. Licenses in writing

All Licenses to encroach shall be in writing and shall be upon such terms and conditions and at such rate as may be determined by the Board. All such Licenses shall be upon the form furnished by the Board. All Licenses shall contain the proper legal description, including section, township, range and county and be suitable for filing in the appropriate County Clerk’s Office.

300:25-3-3. Issuance and termination of license to encroach

(a) Except as otherwise provided herein, all Licenses to encroach shall be appraised for fair market value.

(b) Applications for a License to Encroach shall state the number of years for which the Applicant is seeking the License. For instance, the Applicant may request that the License is sought for any number of years up to and including 30 years.

(c) A License to encroach shall not be issued until such time as the fair market value as determined by the appraisal provided for herein together with all costs associated with the License, including but not limited to third party survey and appraisal fees, shall have been paid by the Applicant.

(d) All Licenses to encroach shall automatically terminate upon destruction or removal of the improvement on GRDA land. An improvement may be maintained, but it may not be rebuilt if destroyed.

(e) All Licenses to encroach shall terminate upon default of a holder of a license to pay any monies due.

(f) The term (number of years) of a License to encroach shall be at the sole discretion of the Board but may not exceed a maximum of thirty (30) years.

(g) At the end of the term, GRDA may require that the property be returned to its original condition.

300:25-3-4. Transfer of title upon death of holder

The heir(s) or devisee(s) of a deceased holder of a License to encroach shall succeed to the interest and have all rights of the holder under the License.

Subchapter 5. Miscellaneous

300:25-5-1. Public access

Pursuant to 82 O.S. § 872, GRDA may not prevent free public use of its lands for recreation purposes. Therefore, a License to encroach may not impede public use of GRDA lands.

300:25-5-2. Improvements on GRDA lands

No improvements shall be placed upon GRDA lands without written consent of the Board.

300:25-5-3. License violations

Violation of any of the terms and conditions of a License to encroach or failure to pay any amounts due on GRDA land shall subject the holder of the License to legal or administrative action or both at the option of the Board to collect rent or damages or any other remedy as provided by law.

300:25-5-4. Appraisals

(a) An appraisal for purposes of licensing the improvement to encroach upon GRDA land shall be prepared by an Oklahoma licensed land appraiser.

(b) Appraisals will be made in accordance with Uniform Standards of Professional Appraisal Practices.

(c) The appraisers shall determine the "fair market value" of the land without any improvement. For purposes of this section, fair market value is the price in cash a willing but not obligated tenant would pay, and a willing but not obligated landlord would charge for the same or similar lands for the highest and best legal use of the property. In determining fair market value, the appraisers shall consider the following:

(1) Present land use;

(2) Amount of GRDA land upon which the improvement sits;

(3) Cash rental price of comparable land; and

(4) The term (number of years) of the License

(d) Appraisals are public record under the Open Records Act.

300:25-5-5. Assignment of license

In the event the adjacent property is sold and upon approval of the Board, and payment of all amounts due, a holder of a License to encroach may assign the license to a subsequent adjacent property owner by completing forms provided by GRDA.

300:25-5-6. Taxes

Unless the holder is otherwise exempt by law, ad valorem property taxes shall be paid on any improvements which would be subject to ad valorem property taxes if constructed on privately owned land.

TITLE 300. GRAND RIVER DAM AUTHORITY

CHAPTER 35. LAKE RULES

SUBCHAPTER 1. DEFINITIONS, PURPOSE AND APPLICATION

300:35-1-1. Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Authority or GRDA" means the Grand River Dam Authority.

"Board" means the Board of Directors for the Grand River Dam Authority.

"GM" or "CEO" means the General Manager and/or the Chief Executive Officer of the Grand River Dam Authority.

"GRDA land or GRDA property" means the land owned by GRDA. The location and boundaries of GRDA land is determined by a legal description (generally described by metes and bounds). Many times, a survey is necessary to determine the boundary of GRDA land. A particular elevation does not necessarily determine the boundary of GRDA land. Additionally, GRDA and/or the U.S. Army Corps of Engineers may have flowage easements over land.

"Wake" means the track of waves left by a vessel or other object moving through the water and such waves are greater than the natural waves in the immediate area of the vessel or are cresting and showing white water or may cause injury to any person or property.

"Waters of GRDA" means and refers to the waters of the Grand River and its tributaries, including, but not limited to, Grand Lake O’ the Cherokees, Lake Hudson, and the W.R. Holway Reservoir.

300:35-1-2. Statutory authority

The Act (82 O.S.2001, § 861 et seq., as amended) creating the Grand River Dam Authority prescribes the use that may be made of the properties and waters of GRDA and authorizes GRDA to promulgate, prescribe and enforce rules and regulations for the use, for recreational and commercial purposes, of its lakes and shorelands, including the use of firearms and the inspection of all vessels of every character proposing to operate or operating on said lakes. The travel of vessels on the waters of GRDA shall be in keeping with the following rules of GRDA in the interest of public health, safety and convenience in the use of the waters and the shorelands of GRDA.

300:35-1-3. Application of state laws

The laws of the State of Oklahoma, including the Oklahoma Boating Safety Regulation Act, 63 O.S.2001, § 4200 et seq., as amended, and the Oklahoma Penal Code, 21 O.S.2001 § 1 et seq., as amended, apply to the waters of GRDA, in addition to the rules set out herein. Failure to comply with these laws and Rules may constitute a criminal offense.

300:35-1-4. Registration of boats

The Oklahoma Vessel and Motor Registration Act, 63 O.S.2001, § 4001 et seq., as amended, applies to the waters of GRDA and must be complied with in addition to the Rules herein. Every vessel subject to the provisions of the Oklahoma Vessel and Motor Registration Act must have state registration and a current license by no later than June 30 of the current state fiscal year.

300:35-1-5. Law enforcement division of GRDA

(a) GRDA has created a law enforcement division for the purpose of enforcing these Rules on the waters and land of GRDA.

(b) The members of GRDA's law enforcement division are hereby declared to be the enforcement officers for GRDA. The enforcement officers for GRDA may enforce GRDA rules and regulations, those rules and regulations as may be issued pursuant to the provisions of Section 4200 et seq. of Title 63 of the Oklahoma Statutes, the provisions of Sections 861 et seq. of Title 82 of the Oklahoma Statutes, and all violations of criminal laws occurring within the boundaries of the counties where real property owned or leased by GRDA is located. The enforcement officers shall have the power of peace officers during the performance of their duties, except in the serving and execution of civil process.

(c) The officers shall, in the event of emergency, assist in the rescue of any person who may be in danger and shall assist in the saving of any property that is in danger of being lost or damaged. The officers shall have the authority to stop and board any vessel at any time for the purpose of conducting a safety inspection. They shall require the operator of any vessel operating on the waters of the lakes in any manner which is not in compliance with these Rules, or any applicable state law, to immediately remove said vessel from the lake until compliance has been had.

(d) The officers are charged with the duty of examining and inspecting proposed locations for wharves, docks, dikes, anchorages, boat houses or any proposed structures or improvements to be made upon the waters or lands of GRDA, and issuing certificates of inspection; and causing all vessels to be registered with proper registration numbers, or permit numbers, which shall be displayed upon such vessels.

(e) GRDA's law enforcement officers may cooperate with federal, state and local enforcement officers in the enforcement of all federal and state laws upon the waters, lands and properties of GRDA.

300:35-1-6. Permitted activities

No person, firm, partnership, corporation or other entity shall perform any activity which requires a permit prior to the receipt of such permit from GRDA. For example, no dock may be placed upon the waters of GRDA until the applicant receives written notice that such activity may take place. In the event a permitted activity takes place prior to the issuance of a permit, or written permission from GRDA, after notice and an opportunity to be heard as provided in Subchapter 21 herein, it may be ordered that no permit shall be issued for a period of time up to and including three (3) years. Additionally, GRDA may seek an injunction to prevent any further unauthorized activity.

SUBCHAPTER 3. GENERAL PROVISIONS

300:35-3-1. Free access

The public shall have free access to the waters of the lakes and no charges shall be made to the public for the right to engage in hunting, fishing, swimming or non-commercial boating. The public shall comply with all state hunting and/or fishing laws and rules.

300:35-3-2. Lake elevations

Grand Lake, Lake Hudson, and W.R. Holway Reservoir are flood control and hydro electric power projects, and it is recognized and understood that the elevation of the waters in said lakes will vary from time to time as operations for flood control and hydro electric power generation demand, and the water rights granted under these Rules shall be subject to these conditions and all laws governing the Grand River Dam Authority and shall be subject to all federal and state laws and rules governing the control storage release and use of the waters of Grand River, Grand Lake, Lake Hudson, and W.R. Holway Reservoir.

300:35-3-3. Liability

(a) GRDA shall never be liable in any manner whatsoever because of the quantity or quality of the water in its lakes, nor shall GRDA ever be liable for any damage that the permittee may sustain to person or property which may be occasioned by or result from the construction, maintenance and operation of GRDA's projects and the Fort Gibson Reservoir.

(b) Neither GRDA nor any representative thereof assumes any responsibility for loss or damage to life or property by theft, storm, accident or otherwise, in connection with or growing out of the exercising of the privileges conferred by any permit which may be issued in accordance with these Rules.

(c) Nothing contained in these Rules shall operate to relieve the owners of vessels from complying with, or from the obligation of complying with, the applicable laws of the United States and the State of Oklahoma.

300:35-3-4. Payment of fees

No permit or license, private or commercial, shall be issued until the appropriate fee has been paid.

300:35-3-5. Transfer or assignment of permit prohibited

Transfer or assignment of permits or licenses issued hereunder (both private and commercial) shall not be made except with written consent and approval of GRDA. No person, firm or corporation shall allow his or its name to be used by any other person, firm or corporation to do any work under his or its permit.

300:35-3-6. Cancellation/termination of permit or license

(a) Permits and licenses issued pursuant to these Rules are subject to cancellation in the event the holder fails, refuses or omits to comply with any of the requirements of these Rules, the terms and conditions of the permit, or to make payments when due. In addition, GRDA will notify the Oklahoma State Department of Health and the utility company furnishing electricity of any water or irrigation pump reported to be in an unsafe electrical condition.

(b) Permits and licenses issued under and pursuant to these Rules may be terminated by either party upon giving the other party thirty (30) days written notice prior to the end of any calendar year.

300:35-3-7. Rights reserved

These Rules do not cover the taking or using of water for any purpose or use other than those specifically covered herein.

300:35-3-8. Roads and highways

The existing public rights-of-way to the waters or shorelands and boat ramps sponsored by GRDA shall remain open as a way of free public passage to and from the waters of GRDA.

300:35-3-9. Fishing and hunting

Fishing or hunting within restricted areas will not be permitted, nor will hunting or fishing be permitted within two hundred (200) feet of the tailraces below the dams; nor will hunting or fishing, except commercial bait operators, be permitted at such other points on or about the lakes where such use will unduly interfere with navigation or proper conduct of the business of GRDA or endanger the public.

300:35-3-10. Firearms

(a) Only shotguns and proper archery equipment are allowed on GRDA property, except that hunters may use rifles and pistols, in compliance with state laws and wildlife regulations, on GRDA property which has been designated as a Wildlife Management Area.

(b) All hunting on any GRDA property shall be conducted in accordance with Oklahoma Department of Wildlife Conservation regulations. If hunting within ¼ mile of GRDA waters, only nontoxic shot may be used.

(c) The discharge of any firearms or bows in, over or across the waters of the lakes is expressly prohibited except as regulated by the Oklahoma Department of Wildlife Conservation. In no event shall the use of firearms or bows be conducted in a manner which interferes with the business of GRDA's projects or endangers the public.

(d) Persons properly licensed to carry concealed weapons may do so only in accordance with the laws of the State of Oklahoma.

300:35-3-11. Gas and oil storage

The keeping or storage of gasoline and other combustible fuels, except for fuel tanks installed in vessels, in, upon or about GRDA lands and waters will not be permitted unless the location and detailed storage plans therefor are first submitted to and approved by GRDA and comply with all applicable state and federal statutes.

300:35-3-12. Health and sanitation

(a) All sanitary rules, regulations, and laws shall be complied with prior to the granting or renewal of any GRDA permit.

(b) In the interest of public health, sanitation and safety, there shall be no camping on GRDA's lands except in a designated camping area.

(c) Bottles, cans, garbage, rubbish, refuse, debris, wreckage, bilge water containing oil or grease, or materials used in the process of cleaning the outer surfaces of vessels, or any other material of any kind shall not be thrown into or released upon the lakes or deposited or dumped upon the shores of the lakes or upon any land under the jurisdiction of GRDA.

(d) No septic tank, lateral line or lagoon shall be placed on the shorelands of GRDA. No sewage shall be disposed of in the waters or on the shorelands of GRDA. No person shall operate a vessel equipped with a marine toilet which is not a total retention system in accordance with federal regulations regarding marine toilets (63 O.S.2001, § 4213(B)).

(e) The preparation and marking of beaches shall be in such manner as to provide reasonable safety in their use. Commercial beaches shall be provided with adequate and sanitary dressing rooms, toilets, showers and other necessary accessories for public convenience and safety.

300:35-3-13. Repeal

All rules and regulations adopted by the Authority which conflict with the provisions of these Rules are hereby revoked, cancelled and repealed.

SUBCHAPTER 5. BOATING SAFETY RULES

300:35-5-1. Careful operation of a vessel

No person shall operate or give permission to operate a vessel in a wake zone at a speed which is other than reasonable and prudent and which shows due regard for the existence of actual or potential hazards and obstacles, or in such a manner as to endanger the life, limb or property of any other person, or in such manner as to create a wake. For the purpose of this rule, "no wake zone" means any area posted with buoys or within one hundred fifty (150) feet of any boat ramp, dock, pier, or anchored or moored vessel. (63 O.S. 2001, § 4210.4(B))

300:35-5-2. Towing activities

(a) No person shall operate or give permission to operate a vessel on any waters of this state towing a person or persons using parasails or on water skis, a surfboard, a sailboard or similar device, nor shall any person engage in parasailing, water skiing, surfboarding, sailboarding or similar activity at any time between the hours from sunset to sunrise or at such time visibility due to other existing conditions is obscured so as to endanger life or property. (63 O.S. Supp.2004, § 4212(B).

(b) Pursuant to 63 O.S.Supp.2004, § 4212, the following applies to water skiing, wakeboarding, or similar towing activities:

(c) No person shall operate or give permission to operate a vessel on any GRDA waters for towing a person or persons using parasails or on water skis, a surfboard, or similar device unless there is in such vessel:

(1) a person who is at least eight (8) years old, and who, in addition to the operator, is in a position to observe the progress of the person or persons being towed, or

(2) if the vessel is not a personal watercraft, an efficient wide angle convex rear view mirror installed on such vessel in such manner as to permit the person operating said vessel to face the direction of travel and be in a position to observe the progress of the person or persons being towed, or

(3) if the vessel is a personal watercraft, two (2) efficient wide angle convex rear view mirrors installed on such vessel in such manner as to permit the person operating such watercraft to face the direction of travel and be in a position to observe the progress of the person or person being towed.

(d) Water skiing shall be allowed with any watercraft which is designed to accommodate two or more persons.

300:35-5-3. Flotation device required

All vessels shall carry a U.S. Coast Guard approved flotation device (life preserver) for each person on board. The operator of a vessel less than twenty-six (26) feet in length, while under way, shall require each passenger twelve (12) years of age or younger to wear a U.S. Coast Guard approved flotation device. Any person operating or manipulating, or who is a passenger on a personal watercraft, water skis, a sailboard, surfboard, parasail or a similar device shall wear a U.S. Coast Guard approved flotation device. (63 O.S.2001, § 4206.)

300:35-5-4. Sitting and standing in vessel

No person shall sit or ride on the sides of a vessel, a covered bow or the back of any seat of a vessel, or stand in a vessel while under way at any speed greater than idle or trolling speed; unless, the vessel is specifically designed for such use, pursuant to 63 O.S.2001, §§ 4210.6 & 4210.7.

300:35-5-5. Required equipment

(a) Each vessel which is less than twenty-six (26) feet in length, other than a personal watercraft, shall be equipped with a paddle or set of oars, anchor, bailing device and fire extinguisher. All other vessels shall be equipped in accordance with Oklahoma state law.

(b) All vessels must be equipped with proper and working navigations and anchoring lights as provided by law.

300:35-5-6. Prohibited areas

All vessels are prohibited from entering any area within 200 feet below Pensacola, Kerr and Chimney Rock Dams. Vessels are prohibited within 500 feet below said dams during periods of hydrogeneration.

300:35-5-7. Night speed limit

It shall be unlawful for any person to operate any vessel upon the waters of GRDA, between the hours of one-half hour after sunset and one-half hour before sunrise at any speed in excess of thirty-five (35) miles per hour. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00). (63 O.S. 2001, § 4219).

300:35-5-8. Skiing prohibited

(a) No skiing is allowed upstream of the Strang Bridge on Lake Hudson, upstream of Twin Bridges on Grand Lake, in Elm Creek east of Grove water intake tower, upstream of the Harbors Marina on Duck Creek or upstream of the Lakemont Shores Ramp on Drowning Creek.

(b) Wake jumping is prohibited in Cowskin and Elk River and in any arm of Grand Lake that, in its name, ends in Creek, Cove or Hollow. Wake Jumping is defined as the act of repetitively crossing another vessel’s wake in such a fashion that the crossing vessel’s hull leaves the water.

300:35-5-9. Persons on personal watercraft

The number of persons riding on a personal watercraft shall be limited to that number as recommended by the manufacturer. Any person being towed behind a personal watercraft shall count as one (1) person riding on a personal watercraft.

SUBCHAPTER 7. VESSELS

300:35-7-1. Inspection, registration and certificate of safety

(a) All vessels operated upon the waters of GRDA may be inspected at any time by GRDA's Law Enforcement for safety equipment.

(b) All vessels and equipment used for transportation of the public for pecuniary gain or profit shall be subject to inspection during each permit year by GRDA.

300:35-7-2. Loose and derelict vessels

Any loose, derelict or apparently abandoned vessel found on the lakes, or shores of the lakes may be impounded by GRDA, and any expense in connection with its impoundment shall be the responsibility of the owner.

300:35-7-3. Anchorages

Vessel anchorages shall not be allowed off the shore of the waters of GRDA in any one location for a continuous period in excess of forty-eight (48) hours. At the end of a forty-eight (48) hour period, a new anchorage may not be taken up within a distance of one (1) mile of the anchorage previously used. No buoy may be used as an anchorage without the permission of its owner.

300:35-7-4. Vessel operating distance

No person shall operate any vessel, including personal watercraft, within fifty (50) feet in proximity to another vessel when running at speeds of over ten (10) miles per hour. (63 O.S.Supp.2004, § 4210(F)).

300:35-7-5. Water muffling

Except for a sanctioned event, no person shall operate a vessel or motor which is not equipped with a muffler or muffler system in good working order. The use of cutouts, removal of mufflers or muffler baffles, cutting or punching of holes in mufflers or otherwise modifying the original muffler or muffling system installed by the manufacturer or any subsequent muffler or muffling system so as to increase or modify the noise level is prohibited. (63 O.S.2001, § 4208).

300:35-7-6. Noise abatement

No person shall operate a vessel that exceeds the noise level of ninety (90) decibels on an A-weighted scale when subjected to a sound level test as prescribed by SAE J2005 within fifty (50) feet of any public or private dock or at any location between the hours of 9:00 p.m. through 9:00 a.m. C.S.T.

300:35-7-7. Wake damage

All vessel operators shall be held responsible for any damage that their wake might cause to property. No person shall operate or give permission to operate a vessel in a wake zone at a speed which is other than reasonable and prudent and which shows due regard for the existence of actual or potential hazards and obstacles, or in such a manner as to endanger the life, limb or property of any other person, or in such a manner as to create a wake. "No wake zone" means any area posted with buoys or within one hundred fifty (150) feet of any boat ramp, dock, pier or anchored or moored vessel.

300:35-7-8. Minimum age

No person shall cause, allow, authorize, or permit any child under twelve (12) years of age to operate and no child under twelve (12) years of age shall operate any vessel powered by a motor or combination of motors in excess of ten (10) horsepower or any sail-powered vessel sixteen (16) feet or greater in length, unless accompanied on the vessel by another person sixteen (16) years of age or older. 63 O.S.Supp. 2004, § 4210(G)

300:35-7-9. Hazardous acts

(a) In addition to the rules of travel for operation of vessels upon the lakes, all vessels shall be operated in such a manner as will best safeguard the lives and property of others upon the lakes.

(b) Any person conducting himself/herself in such a manner as to endanger the health and safety of others upon the lakes or lands of GRDA, or violate any of the statutes of the State of Oklahoma, may be removed from the lakes or lands of GRDA and subject to the penalty of any applicable law.

300:35-7-10. W.R. Holway reservoir

With the exception of the Lake Patrol, vessels powered by internal combustion engines are not permitted on W.R. Holway Reservoir. Swimming is prohibited in the W.R. Holway Reservoir.

300:35-7-11. Penalties

(a) GRDA law enforcement personnel may verbally order any person, firm, partnership, corporation, or any other entity that is violating any provision found in Title 63 or Title 21 of the Oklahoma Statutes or in any GRDA rules to immediately exit the waters and/or lands of GRDA. Failure to obey the verbal order may result in the law enforcement personnel enforcing the provisions of 63 O.S.2001, § 4221 which provides that such failure to comply will constitute a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).

(b) Additionally, any such person or entity, after notice and an opportunity to be heard as provided in Subchapter 21 herein, may be banned from the waters and/or lands of GRDA for a period of time up to, and including, ninety (90) days.

300:35-7-12. Duck Creek boating rules

Due to the unique nature of Duck Creek on the Grand Lake O’ the Cherokees, GRDA implements, from time to time, special boating rules for the area. Please contact the GRDA Lake Patrol, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or see the website, www.GRDA.com for the current applicable Duck Creek Boating Rules.

SUBCHAPTER 9. SANCTIONED EVENTS

300:35-9-1. Sanctioned event definition

A sanctioned event is any organized event which has been permitted by GRDA that occurs on the waters and lands of GRDA, including, but not limited to, regattas, motorboat or other boat races, marine parades, tournaments, fishing tournaments, "poker" runs, rock-climbing, and exhibitions.

300:35-9-2. Permit required

No sanctioned event shall be held without a written permit issued by GRDA at least ten (10) days prior to the event. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-9-3. Public and environmental safety

(a) GRDA law enforcement shall require that any sanctioned event be held in a safe manner and under safe environmental conditions.

(b) Any vessel operating in an unsafe manner, or without due regard to other vessels, water skiers, swimmers, sanctioned events, restrictive markers or buoys, existing wind or weather conditions, waves, or wakes, may be immediately removed from the waters of GRDA by GRDA law enforcement.

(c) GRDA may require that any sanctioned event conform to specific environmental requirements for the purpose of protecting fish, wildlife, or habitat. Such requirements shall be specified on the sanctioned event permit. Any sponsor of a sanctioned event, or any participant in such sanctioned event, which fails to follow the environmental requirements may be immediately removed from the waters of GRDA by GRDA law enforcement.

(d) In addition to the penalties specified herein, any person violating this rule may be subject to criminal sanctions as provided by law and any other penalties as provided in 300:35-7-11.

SUBCHAPTER 11. PERMITS FOR WHARVES,

LANDINGS, BUOYS, BREAKWATERS AND DOCKING FACILITIES

300:35-11-1. Private use

No person, firm, association, partnership or corporation may construct, install, relocate or operate any wharf, dock, landing, anchorage, boat house or breakwater on waters or shorelands of GRDA until a private dock permit shall have been issued by GRDA. An application for a private dock permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-11-2. Commercial use

No person, firm, association, partnership or corporation may construct, install, relocate or operate any wharf, dock, landing, anchorage, boat house or breakwater for pecuniary profit or gain, directly or indirectly, on waters or shorelands of the lakes until a commercial dock permit shall have been issued by GRDA. The Federal Energy Regulatory Commission (FERC) must also approve an application. An application for a commercial dock permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-11-3. Waivers

(a) Upon written application and hearing, the Board of Directors of GRDA may grant a waiver, exception or modification to the requirements imposed on private and/or commercial permit applicants. Additionally, the Board of Directors may impose additional requirements upon any such applicant. Such waivers, exceptions, modifications, or additional requirements shall be based upon the totality of the circumstances, in consideration of public and environmental concerns.

(b) In approving waivers of these rules, the Board shall consider positive and negative impacts to the following:

(1) Characteristics, zoning and prevailing permitted uses within a half-mile radius of the proposed activity;

(2) Shoreline topography and geometry;

(3) Safety, navigation and flood control requirements;

(4) Environmental impacts;

(5) Potential economic development and tourism benefits;

(6) Recreational use impacts; and

(7) Statutory mandates.

(c) The applicant shall be required to give notice and the Board shall allow for public comment before acting on any request for a waiver of these rules.

(d) Public notice of the waiver request shall be given in accordance with guidelines established by the GRDA staff and shall include:

(1) Publication in newspapers of general circulation, including the county in which the property is located; and

(2) Mailing of written notice, via certified mail, return receipt requested, to all owners of property within a three hundred (300) foot radius of the exterior boundaries of the subject shoreline property. Copies of certified mail receipts must be submitted to GRDA prior to any hearing and before GRDA posts any notice.

(3) The waiver application shall be posted on GRDA’s website for a period of at least thirty (30) days.

(4) Any other notice as required by GRDA.

300:35-11-4. Electrical inspections

(a) Each commercial and private boat dock shall comply with and be maintained in accordance with all laws, regulations and codes regarding electrical systems and wiring.

(b) All commercial and private boat docks constructed or modified after June 1, 2006 shall be required to provide to GRDA, within thirty (30) days following completion, a certificate signed by a licensed electrical contractor, evidencing compliance with all laws, regulations and codes regarding electrical systems and wiring.

(c) Before a dock permit may be transferred, a certificate signed by a licensed electrical contractor evidencing compliance with all laws, regulations and codes regarding electrical systems and wiring shall be provided to GRDA.

300:35-11-5. Breakwaters

(a) A breakwater is a structure used to protect docks, shoreline, or other structures by stopping or slowing waves or wakes.

(b) No breakwater shall be placed in the waters of GRDA without a permit. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(c) Breakwaters must be anchored in permanent locations and must have proper lighting. The owner of a breakwater shall be responsible for maintaining it in a safe and environmentally acceptable manner.

300:35-11-6. Buoys

(a) No buoy shall be placed or replaced without a permit from GRDA. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) All buoys placed on the lakes shall be commercially manufactured units approved by the Lake Patrol and shall have reflective tape or paint on the top side. Any buoy not maintained in its proper location by the owner shall be subject to removal by GRDA. Any buoys, lighthouses or other types of markers placed with the permission of or installed and maintained by GRDA are primarily warning devices for the convenience of the public and should not be relied upon solely as navigational aids. GRDA assumes no liability or responsibility for loss or damages to life or property arising out of the public's reliance upon said devices.

300:35-11-7. Railways, tram systems, fences, ramps and retaining walls

(a) No private or commercial railways, tram systems, fences, ramps or retaining walls shall be constructed on GRDA property without first obtaining a permit. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) Railways, tram systems, fences and retaining walls shall be maintained in a manner such that all electrical systems are to code, that environmental guidelines are met, and that the structures are safe and pose no risk or threat to the public.

(c) No ramp shall be constructed unless the ramp may be accessed by at least twenty-five (25) homeowners or the public at large. Approval from the U.S. Army Corps of Engineers may also be required.

(d) The applicant shall submit complete and detailed maps, plans and specifications for the proposed construction and its location, including a statement of the purpose(s) for which the work is to be done. The applicant must also be required to furnish a survey prepared by a licensed surveyor or engineer showing the location of GRDA's taking (property) line in the project area and shall have such line staked on the ground.

300:35-11-8. Removal and cancellation for failure to comply

(a) If, at any time, any such dock, wharf, boat house, breakwater, buoy or any other structure, private or commercial, is not constructed with generally-accepted building materials and pursuant to generally-accepted construction practices, or installed in accordance with the plans and specifications approved by GRDA, or if such works are not kept in good state of repair and in a good, safe and substantial condition, are not inspected by a licensed electrical contractor as provided herein, or upon failure of payment of any fee when due, GRDA, after notice and opportunity to be heard in accordance with Subchapter 21 herein, shall have the right to remove or cause to be removed from GRDA's waters and lands such structure and/or cancel any license or permit in the event the owner thereof fails to repair or remove the same after being notified by GRDA to repair or remove the same.

(b) Any loose or abandoned dock shall be impounded by GRDA and the owner shall be responsible for any expense incurred by GRDA. GRDA will notify the Oklahoma State Department of Health and the utility company furnishing electricity of any dock reported to be in an unsafe electrical condition.

(c) In the event GRDA removes a dock, wharf, boat house, breakwater, buoy, fence, retaining wall, railway or any other structure, private or commercial, the owner of same shall be required to pay all costs of such removal and may be required to pay all costs related to the repair and reclamation of GRDA lands and waters associated with the removal.

300:35-11-9. Location and site to be returned in good condition

Within thirty (30) days after expiration or termination of any permit, the holder shall remove all works and facilities from the lakes and lands of GRDA and shall leave the premises in as good condition as they were before the construction of said works and facilities.

300:35-11-10. GRDA sole judge

GRDA shall be the sole judge as to whether or not structures are constructed and maintained in accordance with these Rules and Regulations, or kept and operated in a good and safe condition.

300:35-11-11. Expiration of permit

(a) The construction of docks, breakwaters, buoys, railways, tram systems, and retaining walls, or approved modifications to same, must be completed within seven (7) years from the date the permit or modification approval is issued unless the permit specifically provides otherwise.

(b) If the permit expires, the permit is null and void.

300:35-11-12. Dock modification prohibited

Any person, firm, corporation, business or other entity must obtain permission from GRDA prior to making any modification, change, addition or improvement to an existing dock. If a dock will be reconfigured, modified, or expanded from the plans and specifications originally submitted for the construction of the dock, such change must be approved in advance by GRDA. Approval from the Federal Energy Regulatory Commission (FERC) may also be required. This rule applies to both private docks and commercial docks.

SUBCHAPTER 13. PERMITS FOR DIKES, EXCAVATIONS, DREDGINGS

EROSION CONTROL DEVICES, AND SHORELINE STABILIZATION

300:35-13-1. Permit required

(a) The contour, elevation or surface of any of GRDA's lands or the reservoir bed shall not be changed in any manner whatsoever by the construction of dams, dikes, jetties, channels, canals or landings until and unless a permit has been issued by GRDA.

(b) No person, firm, partnership, corporation or other entity may excavate, dredge, stabilize or make any improvement or change upon GRDA land or waters until a permit shall have been issued by GRDA. Approval from the Federal Energy Regulatory Commission (FERC), the U.S. Army Corps of Engineers (Corps), and other state and local agencies may also be required. All such activities shall be performed in strict accordance with the plans and specifications approved by GRDA (and, if required, by FERC and the Corps). An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-13-2. Erosion control devices

(a) Erosion control devices. These devices may be permitted to protect the existing shoreline. These types of structures must not be for the purpose of landscaping or beautifying the area with little erosion control value. In some cases, permission may also be required from the U.S. Army Corps. of Engineers. An application for a permit for an erosion control device is available at GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) During construction activities, GRDA shall require that appropriate erosion and sediment control measures be utilized to prevent pollution of GRDA waters.

(c) All material which accumulates behind sediment control structures must be removed from GRDA land and placed at an upland site above the applicable flowage easement.

(d) Disturbed sites must be promptly stabilized with seeding, vegetative planting, erosion control netting, and/or mulch material.

(e) Vegetation removed for erosion control project must be replaced with native species of vegetation.

300:35-13-3. Excavation and dredging

(a) All excavation and dredging activities on GRDA-owned property require a permit from GRDA. An application for such permit may be obtained from the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com. The U.S. Army Corps of Engineers may also require a permit for excavation and dredging activities. Additionally, the Federal Energy Regulatory Commission must approve all dredging activities on GRDA waters requiring the removal of more than 2,000 cubic yards of material. A wetland delineation study must accompany every application and the study must be conducted by a GRDA approved wetland delineation specialist. These approvals and permits must be obtained prior to commencing any dredging or excavation activity.

(b) Excavation of individual boat channels shall be approved only when GRDA determines there is no other practicable alternative to achieving sufficient navigable water depth and the action would not substantially impact sensitive resources.

(1) No more than two thousand (2,000) cubic yards of material shall be removed for any individual boat channel.

(2) The length, width, and depth of approved boat channels shall not exceed the dimensions necessary to achieve six (6) foot water depths for navigation of the vessel at the minimum projected water elevation.

(3) Each side of the channel shall have a slope ratio of at least 3:1.

(4) Only one (1) boat channel or harbor may be considered for each abutting property owner.

(5) The grade of the channel must allow drainage of water during reservoir drawdown periods.

(6) Spoil material from channel excavations must be placed in accordance with any applicable local, state, and federal regulations at an upland site above the applicable flood plain.

(A) Dredging for new or previously authorized areas shall not occur during the months of April, May, June and July to avoid potential impact to fish spawning areas.

(B) Excavation within vegetated wetlands is not authorized.

300:35-13-4. Shoreline stabilization

(a) GRDA may issue permits allowing adjacent residential landowners to stabilize eroding shorelines on GRDA-owned residential access shoreland. GRDA will determine if shoreline erosion is sufficient to approve the proposed stabilization treatment. No shoreline stabilization activities may be conducted until a permit from GRDA is issued. An application for a permit may be obtained from the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) Biostabilization of eroded shorelines.

(1) Moderate contouring of the bank may be allowed to provide conditions suitable for planting of vegetation.

(2) Tightly bound bundles of coconut fiber, logs, or other natural materials may be placed at the base of the eroded site to deflect waves.

(3) Willow stakes and bundles and live cuttings of suitable native plant materials may be planted along the surface of the eroded area.

(4) Native vegetation may be planted within the shoreline management zone to help minimize further erosion.

(5) Riprap may be allowed along the base of the eroded area to prevent further undercutting of the bank.

(1) The riprap material must be quarry-run stone, natural stone, or other material approved by GRDA.

(2) Rubber tires, concrete rubble, or other debris salvaged from construction sites shall not be used to stabilize shorelines.

(3) Gabions (rock wrapped with wire mesh) that are commercially manufactured for erosion control may be used.

(4) Riprap material must be placed so as to follow the existing contour of the bank.

(5) Site preparation must be limited to the work necessary to obtain adequate slope and stability of the riprap material.

(d) Use of retaining walls for shoreline stabilization.

(1) Retaining walls shall be allowed only where the erosion process is severe and GRDA determines that a retaining wall is the most effective erosion control option or where the proposed wall would connect to an existing GRDA-approved wall on the lot or to an adjacent owner’s GRDA-approved wall.

(2) GRDA shall inspect the site of the proposed construction and consider whether the planting of vegetation or the use of riprap would be adequate to control erosion.

(3) GRDA shall determine that the proposed construction is needed and would not change the basic contour of the reservoir shoreline.

(4) The retaining wall must be constructed of stone, concrete blocks, poured concrete, gabions, or other materials acceptable to GRDA. Railroad ties, rubber tires, broken concrete (unless determined by GRDA to be of adequate size and integrity), brick, creosote timbers, and asphalt are not allowed.

(5) Reclamation of GRDA land that has been lost to erosion is not allowed.

300:35-13-5. Penalty

Any person, firm, partnership, corporation, or other entity which violates this section, after notice and an opportunity to be heard in accordance with Subchapter 21 herein, shall be required to pay all costs related to the repair, restoration and reclamation of GRDA lands and waters associated with the violation.

300:35-13-6. Expiration of permit

(a) Any permit issued pursuant to Subchapter 13 of these rules must be completed within seven (7) years from the date the permit or modification approval is issued unless the permit specifically provides otherwise.

(b) If the permit expires, the permit is null and void.

SUBCHAPTER 15. COMMERCIAL USE OF THE LAKES

AND LANDS OF GRDA

300:35-15-1. Definition

The keeping or operation of one (1) or more vessels, surfboards, aquaplanes, skis, personal watercraft or like devices, docks, landings, anchorages, marine railways, dry docks or any concession, for pecuniary profit or gain on the water of the lakes or upon the property of GRDA, the carriage of any person, or persons, or of any goods, wares, merchandising or other freight, for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person, shall be deemed commercial use of the waters and lands of GRDA and will be allowed only after a permit has been issued. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-15-2. Dock installer’s permit

(a) Any person, firm, partnership, corporation, or any other entity operating for pecuniary gain or profit or any business that, directly or indirectly, is engaged in the building and placing, or the demolition and removal, of piers, wharves, landings, anchorages, floating boat houses, docks, barges or other floating structures of a stationary or semi-stationary nature upon the waters of GRDA shall obtain an annual permit. Such person or entity shall neither place nor demolish or remove a pier, wharf, landing, anchorage, floating boat house, dock, barge or other floating structure of a stationary or semi-stationary nature upon the waters of GRDA until a Dock Installer’s permit has been issued. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) No dock installer shall build and install a pier, wharf, landing, anchorage, floating boat house, dock, barge or other floating structure of a stationary or semi-stationary nature upon the waters of GRDA until such time as the application process found in Subchapter 11 herein has commenced.

(c) At the time the dock is installed, the dock installer shall post a permanent sign visible on the dock. The sign shall include the name of the dock installer, the dock installer’s phone number and the year the dock was installed. The sign shall measure at least 5” x 5”.

(d) A dock installer shall build, construct, place, demolish and remove docks in strict compliance with the plans and specifications approved by GRDA. The docks shall be built with generally-accepted building materials and in accordance with generally-accepted construction practices. All styrofoam, trash and construction materials shall be disposed in an environmentally appropriate fashion and shall not be allowed to remain or float in the waters of GRDA.

300:35-15-3. Penalty for violation of dock installer’s permit

Any person, firm or corporation who shall violate any provision of this section shall, upon notice and opportunity to be heard in accordance with Subchapter 21 herein, be subject to having the dock installer’s permit revoked for a period of time up to, and including, permanent termination. Other penalties may include, but are not limited to, the assessment of all costs associated with the repair and/or reclamation of GRDA lands and waters.

300:35-15-4. Dredging contractor’s permit

(a) Any person, firm or corporation operating for pecuniary gain or profit or any business that, directly or indirectly, is engaged in the performance of dredging activities or operations upon the lands or waters of GRDA shall obtain an annual permit. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) A dredging contractor shall not perform any activities upon the lands or waters of GRDA until a Dredging Contractor’s permit has been issued. Any such structure shall be constructed in accordance with GRDA requirements and in strict compliance with the application and terms and conditions of the permit.

300:35-15-5. Penalty for violation of dredging contractor’s permit

Any person, firm or corporation who shall violate any provision of this section shall, upon notice and opportunity to be heard in accordance with Subchapter 21 herein, be subject to having the dredging contractor’s permit revoked for a period of time up to, and including, permanent termination. Other penalties may include, but are not limited to, the assessment of all costs associated with the repair and/or reclamation of GRDA lands and waters.

300:35-15-6. Commercial boat operators permit

(a) Any person, firm or corporation operating for pecuniary gain or profit or any business that, directly or indirectly, is engaged in the performance of the carriage of any person, or persons, or of any goods, wares, merchandising or other freight, for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person, upon the lands or waters of GRDA shall obtain an annual permit. An application for such permit is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

(b) No vessel, while carrying passengers for hire, shall be operated or navigated except in charge of a person covered by a policy of insurance that clearly covers the scope of duties resulting from such commercial enterprise.

300:35-15-7. Penalty for violation of commercial boat operators permit

SUBCHAPTER 17. RAW WATER PERMITS

300:35-17-1. Definition

(a) For the purpose of these Rules and Regulations, the term "domestic and household use" shall mean water that is taken, used and consumed by the permittee in and upon his premises for all usual and ordinary household uses and purposes which shall include sprinkling and watering lawns and gardens of not to exceed three (3) acres. A raw water permit shall be obtained for any appropriation of water requiring a hose or pipe extending into the lake and running off GRDA property. The term "irrigation" shall mean water that is taken, used and consumed by the permittee in and upon the premises covered by the permit for the purpose of irrigating lands, crops and vegetables growing in and upon said lands by ditches, canals, sprinkling systems and such other usual and ordinary means of irrigation.

(b) Water rights granted under these Rules and Regulations shall not be construed as the supplying or furnishing of water for domestic purposes to the public; such permits only grant the permittee the right to take and use the water as provided by these Rules and Regulations.

300:35-17-2. Permit required

The taking of and using waters of GRDA shall be allowed only after an annual permit has been issued by the Grand River Dam Authority. An application for such is available at the GRDA Ecosystems Management Office, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

300:35-17-3. Irrigation billing

(a) Upon approval of the application for an irrigation permit, the permittee may begin irrigation.

(b) If the permittee has provided facilities for measuring the water taken and used, he shall report the amount of water used to GRDA not later than the first day of November of each calendar year.

(c) In the event the permittee and GRDA agree that the amount of water taken will be fixed and established by agreement between the permittee and GRDA, a determination of the amount of water used will be made not later than the first day of March of that calendar year.

(d) In the event the permittee has used more than one (1) acre foot of water during the calendar year, he shall pay for all water in excess of one (1) acre foot on the basis of the fees above set forth before the end of the calendar year.

(e) If the term of the permit is for more than one (1) year, then the permittee shall pay the required fees and charges on the first day of January for each calendar year covered by said permit.

300:35-17-4. Location of diversion

The granting of such permit to take water from Grand Lake or Lake Hudson shall authorize the permittee to locate upon the lands of GRDA the facilities necessary to take such water covered by the permit; provided, the location and manner of diversion is first approved by GRDA; however, a permit for the use of water from Fort Gibson Lake shall give the permittee no permission or right to take or use any lands for any purpose whatsoever. (The lake bed and shorelands of Fort Gibson Lake are owned by the United States of America and are under the jurisdiction and control of the United States Army Engineers, District Office, Tulsa, Oklahoma.)

300:35-17-5. Construction and maintenance

The permittee, upon being granted a permit, shall construct and maintain all taking and diversion facilities according to plans and specifications and in a proper and safe manner that will prevent waste and loss of water and will not pollute or contaminate the lake water. All such facilities shall be subject to inspection by GRDA.

SUBCHAPTER 19. RIGHTS OF ABUTTING LANDOWNERS

300:35-19-1. Abutting landowner’s rights

(a) No permit, private or commercial, shall issue for any of the facilities described in these Rules and Regulations which would deprive the owner of land adjacent to the shoreland or lakefront or abutting thereon of any anchorage, wharf, dock, boat dock, houseboat and landing privileges.

(b) GRDA may designate areas closed to such use where, in its opinion, such use would interfere with the health or safety of the public or with the proper conduct of GRDA's business.

SUBCHAPTER 21. ADMINISTRATION OF RULES AND HEARINGS

300:35-21-1. General manager duties

The General Manager of the Grand River Dam Authority is authorized to administer these Rules and Regulations. The General Manager, or the General Manager’s designee, shall issue all permits and licenses provided for herein.

300:35-21-2. GRDA Board of Directors duties

The Board of Directors of the Grand River Dam Authority retains the right to authorize and issue any and all permits and licenses not specifically provided for in these Rules and Regulations. No fees, charges or any of these Rules and Regulations shall be changed in any manner without the approval of the Board of Directors.

300:35-21-3. Hearings for violation of rules

(a) The general procedures for hearings established by this Subchapter shall apply to proceedings conducted by GRDA for such purposes as suspending or revoking permits, enforcement matters, and assessing costs.

(b) Hearings may be initiated by GRDA staff by issuance of a Notice of Violation or by filing a Petition with the General Manager’s Executive Secretary.

(c) The Notice of Violation or Petition shall inform the Respondent of the matter at issue and, if applicable, the alleged violation. Each Notice of Violation or Petition shall name the Respondent(s) and provide a brief statement of the facts and the relief requested. The Notice of Violation or Petition shall be signed by a GRDA staff member.

(d) The Notice of Violation or Petition shall specify that the Respondent may file a response, how and where the response may be filed, the number of days or a date certain within which to file the response, state any scheduled hearing date, place and time or include notice of the opportunity to request an administrative hearing, and shall be served on the named Respondent.

300:35-21-4. Hearing officer

(a) The General Manager, or his designee, shall preside at any hearing. The General Manager may contract with an individual that is not employed by GRDA to preside at any hearing. The functions of the hearing officer shall commence upon his/her designation and terminate upon the certification of the record to the Board of Directors. The hearing officer shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. The hearing officer’s authority shall include, but not be limited to:

(1) Arrange and change the date, time and place of hearings and prehearing conferences and issue notice thereof;

(2) Hold conferences to settle, simplify or determine the issues in a hearing, or to consider other matters that may aid in the expeditious disposition of the hearing;

(3) Require parties to state their position in writing with respect to the various issues in the hearing and to exchange such statements with all other parties;

(4) Administer oaths and affirmations;

(5) Examine witnesses and direct witnesses to testify;

(6) Receive, rule on, admit, exclude or limit evidence;

(7) Rule on pending motions and procedural items.

300:35-21-5. Report and record

As soon as practicable after the time for the parties to file proposed findings of fact and conclusions of law has expired, the hearing officer shall prepare a report containing the following:

(1) Findings of fact and conclusions of law with the reasons therefore.

(2) Recommendation to the GRDA Board of Directors.

300:35-21-6. Final order

(a) As soon as practicable after the hearing officer has sent his recommendation to the GRDA Board of Directors as provided in 300:35-21-5, the Board of Directors shall adopt, amend, or reject any findings or conclusions of the hearing officer, or may remand the proceeding for additional argument or the introduction of additional evidence at a hearing held for that purpose.

(b) At the conclusion of the proceedings and review of the record by the Board of Directors, the Board of Directors shall issue a final order reflecting the findings of fact, conclusions of law, and specifying the action to be taken.

300:35-21-7. Administrative appeal

An appeal from the Board of Director’s Final Order shall be made to the Craig County District Court of Oklahoma.

300:35-21-8. Noncompliance, violations and penalties

Any person, firm or corporation that fails to comply with, or violates any Rule promulgated by GRDA shall, after notice and an opportunity for hearing as provided for herein, be required to reimburse GRDA for any direct cost and overhead incurred as a result of such failure to comply or violation. Such costs may include, but are not limited to, the costs associated with the repair, restoration and reclamation of the lands and waters of GRDA. Additionally, GRDA may cancel any permit or license which has been issued in connection with said boat, structure or facility and may remove or cause it to be removed from GRDA's lands and waters.

SUBCHAPTER 23. FOUR-WHEEL VEHICLES, OFF-ROAD VEHICLES

AND ALL TERRAIN VEHICLES

300:35-23-1. Designated areas

In the interest of public safety, there shall be no four-wheel vehicles, off-road vehicles or all terrain vehicles on GRDA lands except in designated areas.

300:35-23-2. Passengers prohibited

No passengers are allowed on three (3) wheelers, four (4) wheelers, or motorcycles.

300:35-23-3. Low gear required

Low gear only except on trails posted at speed limits in excess of five (5) MPH.

300:35-23-4. Racing prohibited

No racing on GRDA property is allowed except as other permitted by a sanctioned event permit.

300:35-23-5. Lights required

All vehicles, including motorcycles, must be equipped with working front and rear lights.

300:35-23-6. Roll bar and seat belt requirements

Dune buggies and 4x4 vehicles must have a roll bar sufficient to support the weight of the vehicle and must have a seat belt for each passenger.

300:35-23-7. No liability

GRDA shall not be liable and hereby disclaims any responsibility for any and all injuries and accidents, up to and including death, which may occur as a result of participating in off-road activities. Each driver and passenger rides at his/her own risk and assumes all risks of the activity.

300:35-23-8. Alcoholic beverages prohibited

Alcoholic beverages, including low point beer, are prohibited from areas in which off-road activities occur.

300:35-23-9. Signage

Drivers shall obey all signs posted on GRDA land including areas that are off limits and speed designations.

300:35-23-10. Penalty

(a) GRDA law enforcement personnel may verbally order any person that is violating these rules to immediately exit the lands of GRDA.

(b) Additionally, any person, after notice and opportunity to be heard in accordance with Subchapter 21 herein, may be banned from the lands of GRDA for a period of time up to, and including, ninety (90) days.

SUBCHAPTER 25. [RESERVED]

SUBCHAPTER 27. VEGETATION MANAGEMENT PLAN

300:35-27-1. Scope and intent

Shoreline vegetation protects and preserves a healthy vegetative buffer along the shoreline to maintain and enhance the natural and aesthetic resources of the GRDA lakes. Vegetation can help stabilize the shoreline, prevent erosion, and protect water quality. A natural vegetation buffer improves water quality by filtering and trapping organics and chemical pollutants. A vegetative buffer can enhance the natural appearance of the shoreline. This Vegetation Management Plan (“VMP”) provides the objectives for maintaining GRDA project property.

300:35-27-2. Applicability

(a) No person may brushhog, bulldoze, clear, or scrape GRDA property. No person may trim any tree or other vegetation on GRDA property. If a tree is dead and dangerous, or poses a hazard to the safety of the public or property, a person may apply for a permit to remove the tree. The VMP provides guidelines for property owners to apply for a permit to add landscaping plantings on GRDA lands. The VMP also provides the procedure by which permits for such activities are obtained.

(b) Floating debris, litter, and trash may be removed from GRDA lands and water at any time and does not require GRDA approval provided the method of removal complies with these rules.

300:35-27-3. Permits

Individuals or entities wishing to remove vegetation (dead and dangerous trees, or hazardous trees only) or plant vegetation, are required to apply for and obtain a permit from the GRDA Office of Ecosystems Management before conducting any such activities. Applications are available at the GRDA Office of Ecosystems Management, located at the west end of Pensacola Dam in Langley, Oklahoma, or by mail at P.O. Box 70, Langley, Oklahoma 74350, or by calling 918-782-9594 or on the GRDA website at www.GRDA.com.

[1] The Project has ___miles of shoreline as measured using the GIS System in place for this SMP. Traditionally, GRDA has referenced 1,300 miles of shoreline for Grand Lake. For consistency in management and tracking of matters related to the SMP, the SMP uses data derived from the GIS system.

[2] The Project has ___miles of shoreline as measured using the GIS System in place for this SMP. Traditionally, GRDA has referenced 1,300 miles of shoreline for Grand Lake. For consistency in management and tracking of matters related to the SMP, the SMP uses data derived from the GIS system.

[3] Datum (PD) is 1.07 feet higher than NGVD (National Geodetic Vertical Datum), which is the national standard for measuring elevations above sea level.

[4] On August 14, 1997, FERC approved and modified a Recreation Plan submitted in compliance with Article 407 of the project license (84 ¶ 62,144).

[5] For the purpose of the SMP, GRDA uses UFSWS National Wetland Inventory data to identify wetland areas. This identification does not preclude the right or responsibility of adjacent property owners to further delineate wetlands in support of permit applications for facilities or uses within the Project boundary.

[6] Steep slopes are defined as slopes of greater than 100% which are at least 20 feet in height.

[7] FERC guidelines suggest placement of new commercial marinas no less than one-half mile from an existing commercial marina. FERC suggests this guideline to minimize congestion on Project waters; however, licensees have some discretion to set their own standards and consider other factors in approving marina placement.

[8] Modified from Nyberg, J.B. and B. Taylor. 1995. Applying adaptive management in British Columbia’s forests. In Proc. FAO/ECE/ILO International Forestry Seminar, Prince George, B.C. pp 239-45 Can For Serv., Prince George, B.C.) http://www.adaptivemanagement.net/probe.doc 10/17/06

[9] http://www.ferc.gov/industries/hydropower/gen-info/guidelines/smpbrochure.pdf-6-21-06

[12] Rules and Regulations Governing the Use of Shorelands and Waters of the Grand River Dam Authority, 1997

	Multi Purpose	Limited²	Public/ Municipal Areas	Sensitive Resource	Project Operations
	Multi Purpose	Limited²	Public/ Municipal Areas	Sensitive Resource	Project Operations
COMMERCIAL FACILITIES ¹
Construction of Commercial Dock	YES	NO	YES – only if meets GRDA permitting standards and is within the objectives of the managing entity	NO	NO
Repair/Replacement of Commercial Facility³	YES if structure has existing permit from GRDA			YES if structure has existing permit from GRDA
New Full Service Marina	YES	NO		NO	NO
Floating Restaurant/ Hotel/Casino	YES	NO		NO	NO
Water Withdrawal (e.g. golf courses, commercial irrigation)	YES	YES		YES	YES
Recreation/Water Parks w/ Shorefront Facilities	YES	NO		NO	NO
Dredging⁴	YES	YES		NO	AS NEEDED FOR PROJECT OPERATIONS
Commercial Marine Railways & Trams	YES	NO		NO	AS NEEDED FOR PROJECT OPERATIONS
Boat Ramps⁵	YES	NO		NO	NO
Floating Breakwaters	YES	YES		YES	AS NEEDED FOR PROJECT OPERATIONS
Agricultural Activities	NO			NO

	Multi Purpose	Limited	Public/Municipal Areas	Sensitive Resource	Project Operations
	Multi Purpose	Limited	Public/Municipal Areas	Sensitive Resource	Project Operations
Private Residential/Multi-Family Uses¹
Docks	Yes	Yes	YES - if meets GRDA permitting standards and is within the objectives of the managing entity	NO	No
Breakwaters,	YES	YES			NO
Boat Houses	YES	YES			NO
Decks &Patios	YES	YES			NO
Repair/Replacement of Residential Uses²	YES-if structure has existing permit from GRDA;
Multi-boat slips (<10)	Yes	Yes	YES - if meets GRDA permitting standards and is within the objectives of the managing entity	GENERALLY NOT ALLOWED	NO
Multi-boat slips³ (>10)	YES	YES with no commercial trade			No
Marine Railways & Trams	YES	YES			No
Boat Ramps⁴	YES	YES			NO
Vegetation Management	YES-within vegetation management plan guidelines				As Necessary For Project Operations
Water Withdrawal	YES	YES	YES	YES	YES
Retaining Walls	Yes	Yes	YES - if meets GRDA permitting standards and is within the objectives of the managing entity	NO	Yes w/FERC Review
Dredging5	Yes	Yes		NO	No
Beaches/Common Use Areas	Yes	Yes		No	As Necessary For Project Operations
Picnic/Event Facilities	YES	Yes		No	No
Agricultural Activities⁶	NO			No	No

2.0 Purpose and Scope of the Shoreline Management Plan

3.0 Shoreline Management Plan Goal and Objectives

4.0 Public Participation and Consultation

5.0 Summary of Recreation Management Plan

5.1 Recreation Management at Grand Lake

5.3 Oklahoma Tourism and Recreation Department

6.2.2.1 Commercial Uses

6.2.2.2 Existing/Potential Single-Family and Multi Family Residential Uses

6.2.2.3 Municipal/Public Uses

6.2.3.1 Commercial Uses

6.2.3.2 Private Residential/Multi Family Uses

6.2.3.3 Municipal/Public Use

7.3 Indicators and Standards for Areas of Special Concern