Oklahoma Administrative Code Title 300 - Grand River Dam Authority
Detailed Explanation of Oklahoma Administrative Code Title 300 – Grand River Dam Authority (GRDA)
1. Background and Purpose of GRDA (Title 300)
The Grand River Dam Authority (GRDA) is a state-created public trust and instrumentality established by the Oklahoma Legislature to manage and operate hydroelectric dams, power generation, and water resources within the Grand River watershed.
The authority is created and governed primarily by 82 Oklahoma Statutes §§ 861 et seq.
Title 300 of the Oklahoma Administrative Code contains detailed administrative rules regulating GRDA’s operations, property, licensing, permits, enforcement, and acquisition policies.
The GRDA manages several reservoirs and lakes, including Grand Lake and Lake Hudson, providing water storage, flood control, power generation, and recreation.
2. Structure of Title 300
Title 300 is divided into chapters detailing GRDA’s operational procedures, property management, licensing, enforcement, acquisition policies, and public safety rules.
Chapter 1: General Operations, Definitions, and Procedures
Chapter 20: Acquisition and Purchasing Policies
Chapter 25: Licenses for Encroachments on GRDA Property
Chapter 35: Lake Management and Use Rules
Chapter 40: Scenic Rivers Regulations
Chapter 45: Enforcement Procedures and Administrative Hearings
3. Key Legal Principles Embedded in Title 300
a. Authority and Jurisdiction of GRDA
GRDA operates as a public trust with powers granted by the legislature to control, develop, and conserve water resources and generate electricity.
It has the authority to regulate use of its lands and waters, including requiring permits for encroachments such as docks, dredging, or construction on GRDA property or flowage easements.
b. Permit Requirements (Chapter 25 & 35)
Any person or entity wishing to alter or encroach upon GRDA property must obtain a permit/license from the GRDA under rules codified in Title 300.
Permits protect GRDA’s control over its water resources and property rights.
c. Acquisition Rules (Chapter 20)
GRDA must follow competitive bidding and acquisition procedures unless specifically exempted by statute or rule.
This maintains transparency and fairness in procurement of goods and services.
d. Enforcement and Administrative Hearings (Chapter 45)
GRDA has the power to enforce its rules by issuing notices of violation, revoking permits, imposing fines, and conducting administrative hearings.
Affected parties are entitled to procedural due process: notice, opportunity to be heard, and an impartial hearing.
4. Relevant Oklahoma Case Law
Here are important Oklahoma cases interpreting the GRDA’s authority, rules, and administrative actions, focusing only on Oklahoma law:
A. Grand River Dam Authority v. Grand-Hydro Electric Co., 335 U.S. 359 (1948)
Note: Although this is a U.S. Supreme Court decision, it primarily interprets Oklahoma statutory law regarding GRDA's power of eminent domain under Oklahoma law.
The case established that when GRDA condemns property for dam construction, just compensation includes the "dam site value"—the potential of the land for use as a dam—even if the property owner does not have a permit to build a dam themselves.
This protects landowners by recognizing the value of the land’s suitability for GRDA’s authorized use.
B. Rouse v. Grand River Dam Authority, 2014 OK 39, 326 P.3d 1139
The Oklahoma Supreme Court ruled on GRDA’s sovereign immunity and remedies available to its employees.
The court held that claims against GRDA employees in their official capacity are limited by sovereign immunity.
An employee’s tort claims based on wrongful termination or retaliation must be pursued under statutory whistleblower protections rather than through common law tort actions.
This case clarifies GRDA’s status as a state agency with limited waiver of sovereign immunity and exclusive statutory remedies.
C. Wagoner County Rural Water District No. 2 v. Grand River Dam Authority
This case dealt with GRDA’s authority to charge fees for use of water in reservoirs it manages.
The court upheld GRDA’s authority based on statutory interpretation of its enabling legislation, finding that longstanding administrative practices supported the fee structure.
This confirmed GRDA’s regulatory control over water usage in its reservoirs and affirmed deference to agency interpretation of its statutes.
D. Condemnation and Property Rights
Oklahoma courts have consistently held that GRDA has the power to condemn land for public purposes such as dam construction, as long as it follows statutory procedures and pays just compensation.
GRDA’s authority is derived from statutes, and compensation must be fair market value including all reasonably probable uses of the land.
The courts balance GRDA’s public interest role with private property rights.
5. Administrative Enforcement and Hearing Procedures
Title 300 requires GRDA to follow fair administrative procedures, including providing notices of violation, opportunity for hearings before revoking permits or imposing penalties.
These procedures comply with Oklahoma’s Administrative Procedures Act (APA) and ensure due process for affected parties.
Courts will review GRDA’s enforcement actions for compliance with statutory and procedural requirements and can overturn actions if rules are applied arbitrarily or beyond authority.
6. Summary Table of Key Rules & Case Law
| Topic | Rule / Statute | Case Law Example | Explanation |
|---|---|---|---|
| Permit to encroach on GRDA property | OAC Title 300, Chapters 25 & 35 | Grand River Dam Authority v. Grand-Hydro | GRDA controls its property and waters, requiring permits; landowners must comply. |
| Acquisition & Purchasing | OAC Title 300, Chapter 20 | None specific but follows statutory procedures | Competitive bidding required unless exempted; ensures fairness. |
| Sovereign Immunity | 51 O.S. § 151 et seq. | Rouse v. GRDA | GRDA enjoys sovereign immunity, limited waivers; statutory remedies exclusive. |
| Condemnation / Eminent Domain | 82 O.S. § 861 et seq. | Grand River Dam Authority v. Grand-Hydro | GRDA can condemn land for public use, must pay just compensation including dam site value. |
| Enforcement / Hearings | OAC Title 300, Chapter 45 | No direct case but procedural due process applies | Notices, hearings, appeals required before sanctions; courts review procedural fairness. |
7. Practical Implications
Property Owners & Users: Must obtain permits for docks, construction, or alterations on GRDA property. Failure to do so can result in enforcement action, fines, or removal of structures.
Contractors & Vendors: Must understand GRDA acquisition rules; violations can result in contract challenges or procurement disputes.
Employees: Have limited legal avenues for claims against GRDA due to sovereign immunity and exclusive statutory remedies.
Water Users: Must comply with GRDA fees and usage rules; challenges require statutory or administrative procedures.
Conclusion
Oklahoma Administrative Code Title 300 regulates the Grand River Dam Authority’s management of water resources, property, power generation, and related activities. GRDA operates as a state agency with statutory authority to manage lands, control water resources, issue permits, enforce rules, and acquire property. Oklahoma case law supports GRDA’s broad but statutorily limited powers, emphasizes sovereign immunity, and requires fair administrative procedures in enforcement.
If you want, I can help you summarize or analyze specific chapters or rules in Title 300 in more detail or walk through a particular case interpreting a GRDA administrative rule or statute.
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