[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:
HIGH WATERLINE
Means 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.
RESERVOIR
Means the Cushing Lake or the Cushing Reservoir or any tributary which serves as a source of water for the Cushing Reservoir.
WATERCOURSE
Means 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 Section 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 Section 32, Township 18 North, Range 4 East; thence south to the northwest corner of the southeast one-quarter of Section 8, Township 17 North, Range 4 East; thence southeast to the northeast corner of the southwest one-quarter of Section 22, Township 17 North, Range 4 East; thence southwest to the northwest corner of the southeast one-quarter of Section 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 Section 33, Township 17 North, Range 4 East; thence east to the southwest corner of the northwest one-quarter, Section 1, Township 16 North, Range 4 East; thence northeasterly to the southeast corner of the northeast one-quarter of Section 31, Township 17 North, Range 5 East; thence north to the southeast corner of Section 18, Township 17 North, Range 5 East; thence northeasterly to the southeast corner of Section 5, Township 17 North, Range 5 East; thence northwesterly to the northwest corner of the southwest one-quarter of Section 6, Township 17 North, Range 5 East; thence northwesterly to the northwest corner of southeast one-quarter of Section 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]
A. 
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 Section 27, and the northeast quarter of Section 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 drainpipe 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 thereof 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 10-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 subsection 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.