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An Act
ENROLLED SENATE
BILL NO. 1314 By: Jech of the Senate
and
Newton of the House
An Act relating to groundwater use; amending 82 O.S.
2021, Section 1020.16, which relates to commercial
drilling or plugging license; increasing cap of
certain fund; increasing amount of allowable
expenditures from certain fund; increasing amount by
which certain funds must be transferred; updating
statutory language; updating statutory reference; and
providing an effective date.
SUBJECT: Well Drillers and Pump Installers Remedial Action
Indemnity Fund
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2021, Section 1020.16, is
amended to read as follows:
Section 1020.16. A. All persons engaged in the commercial
drilling or commercial plugging of groundwater wells, monitoring
wells, observation wells, wells utilized for heat exchange purposes,
including, but not limited to, heat pump wells and geothermal wells,
and in the commercial drilling or plugging of geotechnical borings
and all persons engaged in the commercial installation of water well
pumps in this state shall make application for and become licensed
with the Oklahoma Water Resources Board. Persons required to be
licensed pursuant to this section shall pay an annual fee as
required by the Board. The fees shall be deposited and expended as
provided in subsection D of this section.
ENR. S. B. NO. 1314 Page 2
B. The Board may prepare examinations and establish other
requirements for applicants to obtain, maintain, and renew licenses
and operator certifications. The examinations shall test the
knowledge and skills of:
1. Water well drillers in the construction, alteration, and
repair of wells and boreholes, including proper sealing and
abandonment of wells and boreholes, and the rules promulgated by the
Board regarding water well and borehole drilling and plugging; and
2. Pump installers in the planning, installation, operation,
and repair of pumping equipment and water wells including sealing
and abandonment, pumping efficiency, and the rules promulgated by
the Board regarding pump installation.
C. The Board may inspect any water well, monitoring well,
boring, water well pump, or abandoned well and borehole. Upon
consent of the owner of the land on which the well or borehole is
located or as allowed by district court order, authorized
representatives of the Board may enter upon and shall be given
access to the premises for the purpose of inspection. If the Board
finds noncompliance with applicable laws or rules or that a health
hazard exists, the Board may disapprove use of the well and shall
provide notice to the owner of the land on which the well is located
and to the well driller, if known, of the disapproval. If a well
has been disapproved, it shall not be used until brought into
compliance and any health hazard is eliminated. Any person
aggrieved by the disapproval of a well may request a hearing before
the Board.
D. 1. There is hereby created within the Oklahoma Water
Resources Board the Well Drillers and Pump Installers Remedial
Action Indemnity Fund. The Indemnity Fund shall be administered by
the Board.
2. The Indemnity Fund shall be excluded from budget and
expenditure limitations. Except as otherwise provided by subsection
E of this section, the monies deposited in the Indemnity Fund shall
at no time become part of the general budget of the Oklahoma Water
Resources Board or any other state agency. Except as otherwise
provided by subsection E of this section, no monies from the
Indemnity Fund shall be transferred for any purpose to any other
ENR. S. B. NO. 1314 Page 3
state agency or any account of the Board or be used for the purpose
of contracting with any other state agency or reimbursing any other
state agency for any expenses. Monies in the Indemnity Fund shall
only be expended for remedial actions necessary, without notice and
hearing, to protect groundwater from pollution or potential
pollution from wells, or boreholes under the jurisdiction of the
Board that do not meet minimum standards for construction or that
have been abandoned or as may be recommended by the Well Drillers
and Pump Installers Advisory Council.
3. The fees collected pursuant to subsection A of this section
shall be first credited to the Well Drillers and Pump Installers
Remedial Action Indemnity Fund. The Indemnity Fund shall be
maintained at Fifty Thousand Dollars ($50,000.00) One Hundred
Thousand Dollars ($100,000.00).
4. Expenditures from the Indemnity Fund required pursuant to
the provisions of this section shall be made pursuant to the
provisions of The the Oklahoma Central Purchasing Act upon terms and
conditions established by the Office of Management and Enterprise
Services and shall not exceed Ten Thousand Dollars ($10,000.00)
Twenty-five Thousand Dollars ($25,000.00) for each well, borehole,
or pump for which action is taken.
5. Except in situations where the Board has assessed and
declared a health or safety emergency and a claim by the owner of
the well or borehole for costs of remedial action is not paid by
private insurance or other relief, the Board shall seek
reimbursement as recommended by the Well Drillers and Pump
Installers Advisory Council for any remedial action taken or
required by the Board. Any monies received as reimbursement shall
be deposited in the Well Drillers and Pump Installers Remedial
Action Indemnity Fund except as otherwise provided in subsection C E
of this section.
E. When the Well Drillers and Pump Installers Remedial Action
Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00) One
Hundred Thousand Dollars ($100,000.00), the fees, monies received as
reimbursement, and administrative penalties recovered under
paragraph 1 of subsection G of this section shall be deposited in a
separate account in the Water Resources Board Revolving Fund a
revolving fund designated as the Well Drillers and Pump Installers
ENR. S. B. NO. 1314 Page 4
Regulation Account, which shall be a continuing account not subject
to fiscal year limitations. Monies in said such account shall be
used by the Board for inspections, licensing, enforcement and
education, reimbursing per diem and travel costs for members of the
Well Drillers and Pump Installers Advisory Council pursuant to the
State Travel Reimbursement Act, and as otherwise determined to be
necessary to implement the provisions of this section.
F. Before any person or firm licensed pursuant to this section
shall commence the commercial drilling or plugging of any well or
borehole or commence commercial installation of any pump, the person
or firm shall file with the Board all data or information as the
Board may by rule require to assure the protection of the
groundwater in the well or borehole. After completion, the driller
shall file a completion report showing all such data together with a
log of the well and pumping test data if applicable.
G. 1. The Board may, after notice and hearing, impose on any
person administrative penalties of up to Five Thousand Dollars
($5,000.00) and may revoke, suspend, or deny renewal of any license
or operator certification for each violation of the rules of the
Board regarding license or certification requirements, the
requirement to obtain a license or certification, or minimum
construction or installation standards. The administrative
penalties shall be deposited in the Well Drillers and Pump
Installers Remedial Action Indemnity Fund except as otherwise
provided in subsection E of this section.
2. In addition to imposing administrative penalties, the Board
may issue orders prohibiting actions by holders of valid licenses
and operator certifications and by persons who are required to
become licensed under the provisions of this section that constitute
violations of rules promulgated pursuant to this section and
requiring actions to remedy violations or other noncompliance with
minimum standards rules for the construction of wells and borings,
the plugging of wells and borings, and the commercial installation
of water well pumps.
H. If a respondent fails, refuses, or neglects to comply with
an order of the Board to pay an administrative penalty or to take
certain action, the Board may present the matter to the Attorney
General who is empowered to take action to collect the
ENR. S. B. NO. 1314 Page 5
administrative penalty or to compel compliance with the order of the
Board. One-half (1/2) of all penalties collected by the Attorney
General shall be deposited in the Well Drillers and Pump Installers
Regulation Account established pursuant to subsection E of this
section and one-half (1/2) shall be deposited in the Attorney
General’s Revolving Fund created in Section 20 of Title 74 of the
Oklahoma Statutes.
I. The Board is authorized to create a Well Drillers and Pump
Installers Advisory Council. The Board shall establish rules
stating the qualifications for membership and organization of the
Council. Meetings of the Council shall be held at the call of the
Executive Director of the Board. The Council shall have the
following duties:
1. To recommend rules to the Board, provided such written
recommendations have been concurred upon by a majority of the
membership of the Council; and
2. To review and recommend approval or denial of use of monies
in the Well Drillers and Pump Installers Remedial Action Indemnity
Fund for:
a. remedial actions to protect groundwater from pollution
or potential pollution from wells, or boreholes under
the jurisdiction of the Board which do not meet
minimum standards for construction or that have been
abandoned, and
b. inspections, licensing, the pursuit of enforcement
action with the proper authorities and education by
the Board.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1314 Page 6
Passed the Senate the 25th day of February, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 4th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________