OKLAHOMA CITY – Like they have many times in the past, the Republican-controlled Oklahoma Legislature is taking yet another look at water and water policy issues in Oklahoma.
Last week, during an interim study at the state Capitol, a Senate committee spent most of the morning examining how to protect rivers such as the Kiamichi from overuse and how to ensure that water quality in the Sooner State remains high.
State Sen. David Bullard, R-Durant, sponsored the study. The Senate’s Agriculture and Wildlife Committee conducted the hearing.
Bullard said he wanted to discuss strategies to protect waterways in southeast Oklahoma and critical water supplies that “drive economic prosperity across the state.” The study focused on the history and impact of the Oklahoma’s Scenic Rivers Act.
Under the Scenic Rivers Act, designated rivers receive extra protection by preserving their free-flowing condition and natural and recreational values. The act does this through regulations, land use restrictions and the establishment of the Oklahoma Scenic Rivers Commission.
Lawmakers said the act aims to prevent detrimental development and ensure those rivers designated at Scenic Rivers remain a valuable resource for current and future generations. While the act is popular with many lawmakers, it also has its share of opponents, such as Oklahoma Farm Bureau.
Farm Bureau officials have said they opposed the act because of concerns about its potential impact on agricultural practices and private land use, particularly regarding poultry farming.
Previously, Farm Bureau has pointed to the act’s phosphorus standard for scenic rivers, saying it places undue burdens on farmers, especially those involved in poultry production, by requiring them to manage animal waste more stringently.
Bullard said his goal was to safeguard the state’s natural resources.
“Southeast Oklahoma is blessed with an abundance of pristine, free-flowing rivers that fuel local economies and support tourism and recreation,” Bullard said in a media statement about the meeting. “We have a responsibility to protect these scenic waterways, but if we don’t take action others will decide their future for us. I look forward to continuing to work with water experts and community leaders to safeguard Oklahoma’s natural resources and preserve these rivers for generations to come.”
That concern was sparked, in part, by efforts earlier this year from a Texas group seeking to build a hydroelectric power plant in southeastern Oklahoma.
The plant would be located near Talihina and would straddle the Kiamichi River. Estimated to be $3.1 billion project, the plant was being promoted by the Southeast Oklahoma Power Corp., a company incorporated in Nevada and based in Dallas. The project includes construction of three reservoirs: an upper lake created by impounding Long Creek, a lower lake created by an earthen dam, and a 40-acre reservoir.
Those efforts, however, were stalled again by the Federal Energy Regulatory Commission, after state officials, tribal leaders and Attorney General Gentner Drummond raised questions about the effort.
For more than a year, Drummond, several state lawmakers and leaders of the Choctaw Nation, have opposed the project.
In an August 2024 letter to the FERC, Drummond urged rejection of the application, writing that that Southeast Oklahoma Power Corp. provided only limited information to the commission and had not requested the proper state licenses or permits for the project.
The fight over the facility continues.
Still, the Talihina powerplant isn’t the only water-based controversy in the area. Just a little more than a decade ago, the Choctaw and Chickasaw nations locked horns with the state and the city of Oklahoma City.
Both tribes were shut out of negotiations about Oklahoma City’s plan to build a water pipeline to the area and pump water from Sardis Lake uphill to Oklahoma City.
That fight eventually found its way to federal court, where a judge ruled that the Choctaw and Chickasaw nations had to be included in the discussion and planning.
“Water is always going to be a huge issue in Oklahoma,” said Charlette Hearne, the founder and former president of Oklahomans for Responsible Water Policy. Hearne, who spoke at the meeting, said state leaders need polices to address both water quantity and water quality.
“Water quality is just as important,” she said.
Bill Redman, secretary and treasurer of the Kiamichi River Legacy Alliance, said the real issue is possibility of a long-term legal battle – once again – between Oklahoma Texas.
“You’ve the whole state of Texas down there that is power hungry and is getting hungrier,” Redman said. “And we are blessed with a good, free-flowing river and we are blessed with forest- covered mountains on either side of it.”
All hydropower facilities need are elevation and water.
Redman said state officials were trying to find a way to better protect the river and keep Texas on their side of the border.
“All the rest is just engineering and economics,” he said. “It boils down to that. (We’re doing) anything we can do to keep people from making money off of the geology and water of eastern Oklahoma.
Hearne agreed. She said the southeastern part of the state needs laws and policies that prevent private groups from damming the Kiamichi River.
“We also have to protect the quality of the water,” she said.
Bullard said he hosted the study after introducing legislation this year to designate the Kiamichi and Glover rivers as scenic rivers. That measure, Senate Bill 1010, is still eligible to be heard when the Legislature reconvenes in February.
He said he plans to keep the conversation going about expanding the Scenic Rivers Act to include southeast Oklahoma waterways. He plans to hold an informal meeting on Aug. 27 at the state Capitol for interested stakeholders to discuss the issue and ask questions. Interested parties can contact his office for more information.