Buffalo Spring in Chickasaw

• SB 288 (2003)— moratorium on issuance of gw permits 

for municipal/PWS use outside a county overlying a 

“sensitive sole source groundwater basin”...until the 

OWRB 

• completes study and approves a MAY that will not 

reduce the natural flow of water from springs or 

streams emanating from the aquifer.

• Prior to permit issuance, determines that gw use not 

likely to degrade/interfere with springs or stream 

flows
• First time in state history that effects of gw pumping on 

stream flows considered!! 

Status

USGS Scientific Investigation approved 

for publication by USGS in January 2011. 

Tentative Board Order and hearing 

complete, Final order approved October 

2013

Appeals filed by local landowners and 

CPASA

Board adopted MAY & well spacing rule 

amendments March 2014
Arbuckle-Simpson GW Basin
OWRB Rule Changes

OAC 785:Chapter 30. Taking and Use of GW

• In 2013 OWRB issued final order establishing the 

max. annual yield and equal share for the ArbuckleSimpson Groundwater Basin, the State’s only GW 

basin designated “sensitive sole source”. 

• Among other things, the order directed OWRB staff 

to initiate rulemaking regarding well spacing 

setbacks from springs and streams emanating from 

the basin

• Board adopted rule amendments March 18, 2014

• Effective July 15, 2014
OAC 785: Chapter 30. Taking and Use of GW

785: 30-3-6 

Within a sensitive sole source groundwater basin where 

the MAY has been determined: 

• 1⁄4-mi. setback from >50gpm springs – Exceptions allowed

• 2-mi. setback from >500 gpm springs if use >1,600 af/yr; 

or applicant demonstrate no impacts when requesting to 

drill within this area 

• 1-mile setback from perennial streams with >500 gpm

flow. 

• No restrictions and assume no impact if outside setback 

areas
Garber 

Wellingto

n

660 groundwater permits

2008-2012

Arbukle-Simpson

Rush 

Springs

2,161 groundwater permits

In progress

640 groundwater 

permits

In progress

Current Groundwater Studies
* SB 1187 (Sen. Standridge and Rep. S. Martin) –

Requires ODEQ to create rules governing water reuse projects. Status: Approved by Governor 

5/28/2014 

* Allows municipal wastewater to be used by Oil and 

Gas when Rules are approved

2014 State Legislation 
Avoid Stream Water ‘Speculation’ After 

Permit Issuance

– Commence project within 2-years

– If use from Federal reservoir, enter into a storage 

contract with USACE within 2-years

– Forfeiture use-it-or-lose-it (7-year default)

– Schedule of Use allows phased-in use over a 

specified period of time (lose if fail to keep 

schedule)

Reducing Drought Vulnerability
Review Existing Water Rights

• Check leases and easements to ensure they 

have not expired.

• Submit any lease updates to OWRB to keep 

the permit current.

• Ensure water use, place of use, purpose of 

use, withdrawal point, etc. match the permit. 

• Ensure any special permit conditions are met 

(pumping rate, seasonality, etc.).

Reducing Drought Vulnerability
Report Annual Water Use

• Statutory requirement and failure to properly report 

considered non-use- may result in cancellation/reduction 

of water right

Reducing Drought Vulnerability