[Code 1974 § 18-5; Code 1985 § 29-16;
Code 2005 § 66-121]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The margin of the Cushing Reservoir when the surface thereof
is at an elevation of 840 feet above sea level according to the plat
thereof prepared by the U.S. Coast and Geodetic Survey or its applicable
successor agency.
The Cushing Lake or the Cushing Reservoir or any tributary
which serves as a source of water for the Cushing Reservoir.
Every spring, pond, stream, ditch, gutter or other channel
of every kind, the waters of which when running, whether continuously
or occasionally, eventually flow or may flow into the Cushing Reservoir.
[Code 1974 § 18-1; Code 1985 § 29-17;
Code 2005 § 66-122]
There is hereby established a water district for the sanitary
protection of the water supply of the City which district shall be
known as the "Cushing Water District" and shall embrace all of the
lands in the counties of Payne and Lincoln in the following metes
and bounds:
Commencing at the northeast corner of § 28, Township
18 North, Range 4 East; thence in a southwesterly direction to the
northwest corner of southwest one-quarter of said section; thence
in a southwesterly direction to the southwest corner of the southeast
one-quarter of § 32, Township 18 North, Range 4 East; thence
south to the northwest corner of the southeast one-quarter of § 8,
Township 17 North, Range 4 East; thence southeast to the northeast
corner of the southwest one-quarter of § 22, Township 17
North, Range 4 East; thence southwest to the northwest corner of the
southeast one-quarter of § 28, Township 17 North, Range
4 East; thence south to a point one-half mile south of the southwest
corner of the southeast one-quarter of § 33, Township 17
North, Range 4 East; thence east to the southwest corner of the northwest
one-quarter, § 1, Township 16 North, Range 4 East; thence
northeasterly to the southeast corner of the northeast one-quarter
of § 31, Township 17 North, Range 5 East; thence north to
the southeast corner of § 18, Township 17 North, Range 5
East; thence northeasterly to the southeast corner of § 5,
Township 17 North, Range 5 East; thence northwesterly to the northwest
corner of the southwest one-quarter of § 6, Township 17
North, Range 5 East; thence northwesterly to the northwest corner
of southeast one-quarter of § 26, Township 18 North, Range
4 East; thence northwesterly to point of beginning.
[Code 1974 § 18-5; Code 1985 § 29-18;
Code 2005 § 66-123]
Whenever a linear distance of a structure or object from the
reservoir or from a watercourse is referred to in this article, it
shall mean the shortest horizontal distance from the nearest point
of the structure or object to the highwater line of the reservoir
or watercourse.
[Code 1974 § 18-2; Code 1985 § 29-19;
Code 2005 § 66-124]
The police power of the City is hereby extended over all lands
embraced within the Cushing Water District, and it is hereby declared
that the jurisdiction of the City, the City Manager, the courts and
all proper officers of the City, in fullest degree conformable to
law, extends over and applies to the entire water district for the
protection of the health of the inhabitants and purity of the water
supply of the City.
[Code 1974 § 18-3; Code 1985 § 29-21;
Code 2005 § 66-125]
All rules of the state environmental quality board, the county
board of health and the county superintendent of health, respectively,
now in force or lawfully made in the future, are hereby extended over,
and shall apply and have full force and effect within, the Cushing
Water District in the same manner and to the same degree that they
apply and have effect within the limits of the City.
[Code 1974 § 18-7; Code 1985 § 29-22;
Code 2005 § 66-126]
The following rules of the state board of environmental quality
are hereby declared to be in force within the Cushing Water District:
(1)
Cushing Reservoir, when mentioned in this section, means the reservoir
formed by impounding the water of Big Creek and all creeks flowing
into Big Creek within the water district, and the flowing of waste
bank in such streams and tributaries caused by the City Dam, northwest
quarter of § 27, and the northeast quarter of § 28,
Township 18 North, Range 4 East, L M., Payne County, State of Oklahoma.
(2)
No human excrement shall be deposited or discharged into the Cushing
Reservoir, or into any watercourse. No cesspool, privy, or other receptacle
for the deposit of human excrement shall be located, constructed,
or maintained within the Cushing Water District, unless such cesspool,
privy, or other receptacle be so constructed that no portion of its
contents can escape or be washed into such waters, and shall not be
located closer than 660 feet to the highwater line.
(3)
No human excrement or compost containing human excrement or contents
of any privy, cesspool, sewer, or other receptacle for the reception
or storage of human excrement shall be deposited or discharged within
the Cushing Water District or upon or into the ground as a place from
which any such excrement compost, or contents or particles, thereof,
may flow or be washed or carried into any watercourse.
(4)
No house slops, sink waste, water which has been used for washing
or cooking, or other polluted water shall be discharged into the Cushing
Reservoir, or into any watercourse within the Cushing Water District,
and no house slops, sink waste, water which has been used for washing
or cooking, or other polluted water shall be discharged into or upon
the ground in the Cushing Water District within 660 feet of the highwater
line of the Cushing Reservoir, or of any watercourse.
(5)
No garbage, manure, or putrescible matter whatsoever shall be put
into the Cushing Reservoir or into any watercourse, and no garbage,
manure, or putrescible matter whatsoever shall be put upon the ground
in the Cushing Water District, within 660 feet of the highwater line
of any watercourse, or within any such greater distance as may from
time to time be established either by the state board of environmental
quality or by the City.
(6)
No stable, pigsty, henhouse, barnyard, hogyard, hitching or standing
place for horses, cattle or animals, or other place where an animal
manure is deposited or accumulates, shall be located, constructed
or maintained in the Cushing Water District, any part of which is
within 660 feet of the highwater line of the Cushing Reservoir of
highwater line of any watercourse.
(7)
No refuse, industrial waste or other waste products or polluting
liquids, or other substance of a nature poisonous or injurious, either
to human beings or animals, or of such nature as would impart an objectionable
taste or odor to any water into which it might be discharged and no
putrescible matter whatsoever shall be discharged directly into or
at any place from which it may flow or be washed or carried into the
Cushing Reservoir or into any watercourse.
(8)
No system of sewers or other works for the collection, conveyance,
disposal or purification of domestic or manufacturing sewage, wastes,
or drainage or any other putrescible matters whatsoever shall, except
in accordance with plans first approved in writing by the state board
of environmental quality, be constructed or maintained at any place
within the Cushing Water District. No private or separate sewer shall
be constructed or maintained in the Cushing Water District having
an outlet upon or in the ground within 660 feet of the highwater line
of the Cushing Reservoir or of the highwater line of any watercourse.
(9)
No public or private hospital, or other place intended for the reception
or treatment of persons afflicted with a contagious or infectious
disease, shall, until the location and construction thereof have been
approved in writing by the state board of environmental quality, be
located or constructed at any place within the Cushing Water District.
No public or private hospital or other place intended for the reception
or treatment of persons afflicted with contagious or infectious disease,
shall be maintained any place within such water district, unless all
the provisions required by the state board of environmental quality
for the purification or disposal of sewage, drainage or other polluting
or organic matter, which may be discharged therefrom, have been complied
with, and unless all orders issued from time to time by the state
board of environmental quality, in relation to the purification and
disposal of sewage, drainage, and other polluting or organic matter,
which may be discharged therefrom, are fully complied with.
(10)
No person shall bathe in or wade or send, drive or put any animal
into the Cushing Lake or Reservoir, or bathe, wade in or send, drive
or put any animal into any watercourse; provided, however, that during
waterfowl season, waterfowl hunters may use dogs at the Cushing Lake
for retrieving waterfowl from the Cushing Lake.
(11)
No human habitation, cottage, tent, campsite, residence, or structure
of any kind, either temporary or permanent, shall be hereafter built,
set up or constructed upon any lands within 660 feet of the highwater
line of the Cushing Reservoir or of any watercourse in the Cushing
Water District, except upon such or any part of such lands the natural
drainage of which is not into such reservoir or watercourse; provided,
however, that the City may construct and maintain such structures
within such prohibited territory as may be necessary in the furtherance
of the protection of such reservoir from contamination and pollution.
(12)
No manufacturing establishment at which more than five persons are
employed, and no slaughterhouse or rendering establishment shall be
located upon the watershed of the Cushing Reservoir, unless the state
board of health is first notified regarding such manufacturing establishment,
and consents thereto, and issues a permit therefor.
(13)
If a case of sickness is found by the inspector or by any official
or employee of the City, or by any person residing on such watershed
or within such water district, it shall be at once reported to the
county health officer, who shall promptly take such action as may
be required within 24 hours.
(14)
It is hereby made the duty of any and all persons having any knowledge
of the existence of any contagious or infectious disease, or of any
nuisance or violation of the law, or these rules within the limits
of the Cushing Water District, to immediately report such disease,
nuisance or violation to the county health officer, who shall at once
take such action as the case may require within 24 hours.
(15)
No gasoline drips or waste oil drips, or drain pipe drips shall be
allowed to be placed or used within the water district, and any and
all drips that might be located within the Cushing Water District
now, must be removed or placed in condition that they do not drain
within the water district.
(16)
No owner or occupant of land within the Cushing Water District shall
permit the carcass or any part of any dead animal to remain on land
under his control within such district. It shall be the duty of all
owners or occupants of land within the Cushing Water District to immediately
remove all dead animals from or upon their premises to points not
less than 660 feet from the highwater mark of the Cushing Reservoir,
and no less than 660 feet from the highwater mark of any reservoir,
lake, pond, stream, ditch, watercourse or other body of water, the
water of which flows or may flow directly or ultimately into the Cushing
Reservoir.
(17)
There shall be no camping within the Cushing Water District within
a distance of 660 feet of the highwater mark of the Cushing Reservoir
or within 660 feet, of the highwater mark of any reservoir, lake,
pond, stream, ditch, watercourse or other body of water, the water
of which flows or may flow directly or ultimately into the reservoir.
[Code 1974 § 18-8; Code 1985 § 29-23;
Code 2005 § 66-127]
No burials or interments shall be made in the Cushing Water
District, in any cemetery that may be within the district, or at any
other place within the Cushing Water District.
[Code 1974 § 18-9; Code 1985 § 29-24;
Code 2005 § 66-128]
No person shall permit or cause any waste matter from oil or
gas wells, or any saltwater, or other substance of any nature whatsoever
that would pollute the water of the Cushing Reservoir, to flow across,
over or under any land in the Cushing Water District, in such manner
that the waste matter, saltwater or other substance will flow directly
or ultimately into the Cushing Reservoir, lake, pond, stream, ditch,
watercourse or other body of water, the water of which flows or may
flow directly or ultimately into the Cushing Reservoir.
[Code 1974 §§ 18-10, 18-12, 18-59, 18-61 —
18-63, 18-68; Ord. No. 1-17-95-1, § 1, 1-17-1995; Code 1985 § 29-25; Code 2005
§ 66-129]
A.
It shall be unlawful to drill or operate any oil, saltwater disposal
or gas well within the area comprising the Cushing Water District,
except by special permit from the Board of Commissioners. Any person
desiring the permit required by this section shall file a written
application therefor with the City Clerk at least 10 days prior to
commencement of any work. Such application shall be signed by the
applicant, his agent or attorney, and shall contain the following
information:
(1)
The name of the applicant, whether the firm is a partnership or corporation;
the names of all partners; the address of the applicant.
(2)
The legal description of the exact ten-acre location of proposed
operations.
(3)
The nature of proposed operations, i.e., new well, saltwater disposal
well, reworking old well, etc.
(4)
The intended date of commencement of proposed operations.
(5)
The depth top which such well is proposed to be drilled or at which
operations are to be conducted for development; if a saltwater disposal
well, the depth at which salt water is to be injected.
(6)
The name of the person who is to drill the well.
|
Upon cessation of operations, the operator may make application
to the Board of Commissioners for the termination of the bond and
the board may terminate such bond if it deems proper and reasonable.
The operator shall pay a fee in the amount established by resolution
upon making application for the termination of such bond to cover
the cost incidental and necessary for the inspection of the well site.
|
B.
No permit shall be issued or transferred to any person until there
shall have been filed with the City Clerk a good and sufficient bond
in the amount of $50,000, executed by some bonding or indemnity company
authorized to do business in the state, in favor of the City, and
conditioned that the applicant shall pay the City, for all damages
sustained by the City on account of injury to its municipal water
supply resulting from the drilling, operation or maintenance of such
well, or any future wells for which a permit may be granted to the
applicant by the City; provided, however, that at such time as such
well is converted to a pumping status and not flowing through the
tubing or the annulus, such bonding requirement shall be reduced to
$25,000.
C.
After the filing of the application and bond, the Board of Commissioners
shall within 10 days grant the permit; provided that the Board of
Commissioners after the granting of such permit may increase or decrease
the amount of the bond, and, in either event, the City Clerk shall
notify the applicant of such action of the Board of Commissioners
in writing by registered mail, and the applicant shall within 15 days
of receipt of such notice file with the City Clerk such new or additional
bond in the amount as fixed by the Board of Commissioners; and should
the applicant fail to file such new or additional bond, or fail to
abide by the rules and regulations that are prescribed in this section,
the Board of Commissioners may revoke all permits issued by the City
to the applicant for the drilling, operation and maintenance of oil
and gas wells within the water district.
D.
The Board of Commissioners may accept a personal bond with two or
more sureties, to be approved by the Board of Commissioners in lieu
of the surety company bond referred to in C of this section; or, may
accept an irrevocable letter of credit containing such terms as may
be prescribed by the City for the benefit of the City issued by a
financial institution insured by the Federal Deposit Insurance Corporation
or the Federal Savings and Loan Insurance Corporation in lieu of such
bonding requirements. At least 10 days prior to the beginning of operation
of the proposed well, notice of such intent shall be given by applicant
in writing by registered mail to the planning and resources board
of the state and the state department of health.
E.
Upon granting of the permit by the City, such well, in addition to
such rules and regulations as have been heretofore and may hereafter
be promulgated by the corporation commission of the state, shall be
drilled, operated and maintained in the following manner:
(1)
In any well drilled within the Cushing Water District, sufficient
surface casing shall be run to reach the depth of 50 feet below all
domestic freshwater levels, in no event to be less than 750 feet and
such surface casing shall be cemented from top to bottom.
(2)
The bottoms and walls of all slush pits used in drilling or operating
shall be treated with mud or be constructed with some impermeable
substance.
(3)
Upon the completion of each well, the slush pits shall be filled
level with the surface of the ground as soon as practical operation
will permit, and debris, oil and basic sediment about the well shall
be cleaned up and removed from the Cushing Water District.
(4)
All tank batteries and well locations shall be protected with earthen
walls or dams constructed so as to prevent the escape of oil, debris,
or other substance, into any watercourse or drain leading into such
reservoir.
(5)
No saltwater in any amount shall be stored behind any earthen dam
or in any surface pond, and in the event any well produces saltwater
in any amount, such well shall be immediately shut down and ceased
to be operated until such time as adequate means are had for the disposal
of such salt water, the facilities thereof to be subject to the approval
of the City.
(6)
The derrick of any well drilled within 1,320 feet of the highwater
line shall be completely sheeted before drilling operations starts
as precaution against the spraying of oil due to blowouts or other
causes.
(7)
All wells must be equipped during the full period of drilling operations
and during the installing or removing of tubing with adequate blowout
preventers.
(8)
During the period of cleaning a well, pits must be provided sufficiently
large to hold oils, sands or basic sediment, or other substances,
removed from the well or the casing, and all of such removed material
removed by truck from time to time and deposited outside of the water
district and drainage area.
(9)
All producing wells shall be equipped with tubing properly installed
and all production shall be through such tubing.
(10)
All pipelines conveying oil, gasoline, gas, saltwater, freshwater
and mud, or other substances, shall be installed and operated only
after the plans and specifications therefor, have been submitted to
and approved by the City Manager.
(11)
No drilling and/or production activity shall be permitted within
660 feet of the highwater line of the Cushing City Lake.
F.
Upon cessation of drilling operations and restoration of the drilling
premises to a condition which shall ensure against any injury to the
City water supply, the principal or surety named in the bond provided
for in this section may make written application to the Board of Commissioners
for the termination of such bond and which application shall be accompanied
by the fee established by resolution to cover the cost and expense
of inspection.
G.
The City Manager shall cause the premises to be inspected by a person
experienced in oil and gas drilling procedures, who shall report to
the Board of Commissioners the condition of the premises inspected
and recommended either the termination of the bond or otherwise; the
Board of Commissioners may either accept or reject the report of the
inspector and either authorize the termination of such bond or refuse
to terminate the bond.
