reglab/housing_qa huggingface dataset:
82 OK Stat § 82-1B (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-1B. Moratorium on sale or exportation of surface water and/or groundwater.

|A. In order to provide for the conservation, preservation, protection and optimum development and utilization of surface water and groundwater within Oklahoma, the Legislature hereby establishes a moratorium on the sale or exportation of surface water and/or groundwater outside this state pursuant to the provisions of this section. Unless otherwise repealed or revoked by the Oklahoma Legislature, the moratorium shall be in effect for a five-year period beginning on the effective date of this act or until such time as the State of Oklahoma conducts and completes a comprehensive scientific hydrological study of the water resources of this state. |B. Subject to the moratorium set by subsection A of this section, no state agency, authority, board, commission, committee, department, trust or other instrumentality of this state or political subdivision thereof, nor elected or appointed officer, member of any governing body or other person designated to act for an agency or on behalf of the state, or a political subdivision thereof shall contract for the sale or exportation of surface water or groundwater outside the state, or sell or export surface water or groundwater outside the state without the consent of the Oklahoma Legislature specifically authorizing such sale or export of water.C. Nothing in this section shall be construed as affecting or intending to affect:1. Any contract for the sale or exportation of surface water or groundwater outside the state executed prior to the effective date of this act which has received legislative approval or was executed pursuant to law, provided such sale or exportation of surface water or groundwater does not exceed eight million (8,000,000) gallons of water per month; or2. Water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.Added by Laws 2002, c. 485, § 1, emerg. eff. June 6, 2002. Amended by Laws 2004, c. 392, § 1, eff. Nov. 1, 2004.
82 OK Stat § 82-1D (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-1D. Oklahoma River - Designation of portion of North Canadian River.

|A seven-mile section of the North Canadian River, between Meridian Avenue and Eastern Avenue in Oklahoma City, shall be designated as the Oklahoma River for economic development purposes. The Oklahoma Centennial Commission shall cause suitable markers to be placed along the seven-mile section of the river identifying the river as the “Oklahoma River”. |Added by Laws 2004, c. 112, § 1, emerg. eff. April 15, 2004.
82 OK Stat § 82-1E (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-1E. Protection of water – Preemption by Legislature.

|Notwithstanding any other provision of law, the protection of the waters of the state as defined in Title 82 of the Oklahoma Statutes is declared to be a compelling state interest subject only to legislative authority and the regulatory authority granted by the Legislature to any state agency assigned with the responsibility within its respective areas of jurisdiction as set forth in Section 1-1-202 of Title 27A of the Oklahoma Statutes. |Added by Laws 2016, c. 310, § 1, eff. Nov. 1, 2016.
82 OK Stat § 82-105.1 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.1. Definitions.

|As used in Sections 105.2 through 105.32 of this title: |1. "Definite stream" means a watercourse in a definite, natural channel, with defined beds and banks, originating from a definite source or sources of supply. The stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply in the area;2. "Domestic use" means the use of water by a natural individual or by a family or household for household purposes, for farm and domestic animals up to the normal grazing capacity of the land and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards and lawns, and for such other purposes, specified by Board rules, for which de minimis amounts are used;3. "Regular permit" means a permit granted by the Oklahoma Water Resources Board authorizing the holder to appropriate water on a year-round basis in an amount and from a source approved by the Board;4. "Seasonal permit" means a permit granted by the Board authorizing the holder of such permit to divert available water for specified time periods during the calendar year;5. "Temporary permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board which does not exceed a time period of three (3) months, which does not vest in the holder any permanent right and which may be canceled by the Board in accordance with its terms;6. "Term permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board for a term of years which does not vest the holder with any permanent right and which expires upon expiration of the term of the permit; and7. "Provisional temporary permit" means a nonrenewable permit which may be summarily granted upon administrative approval by the Board and which authorizes an appropriation of water in an amount and from a source approved by the Board. A provisional temporary permit shall not authorize an appropriation for a period of time exceeding ninety (90) days, shall not vest in the holder any permanent water right and shall be subject to cancellation by the Board at any time within its term in accordance with its provisions.Added by Laws 1972, c. 256, § 1. Amended by Laws 1981, c. 35, § 1, emerg. eff. April 8, 1981; Laws 1995, c. 112, § 1, eff. Nov. 1, 1995.
82 OK Stat § 82-105.1A (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.1A. Purpose of law - Legislative intent.

|It is the intent of the Oklahoma Legislature that the purpose of Section 105.1 through Section 105.32 of this title is to provide for stability and certainty in water rights by replacing the incompatible dual systems of riparian and appropriative water rights which governed the use of water from definite streams in Oklahoma prior to June 10, 1963, with an appropriation system of regulation requiring the beneficial use of water and providing that priority in time shall give the better right. These sections are intended to provide that riparian landowners may use water for domestic uses and store water in definite streams and that appropriations shall not interfere with such domestic uses, to recognize through administrative adjudications all uses, riparian and appropriative, existing prior to June 10, 1963, and to extinguish future claims to use water, except for domestic use, based only on ownership of riparian lands. |Added by Laws 1993, c. 310, § 1, emerg. eff. June 7, 1993.
82 OK Stat § 82-105.3 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.3. Right of eminent domain.

|Any person, corporation or association may exercise the right of eminent domain to acquire right-of-way for the storage or conveyance of water for beneficial use, including the right to enlarge existing structures, and use the same in common with the former owner. Such right-of-way shall in all cases be so located as to do the least damage to private or public property, consistent with proper and economical engineering construction. Such rights may be acquired in the manner provided by law for the taking of private property for public use. |Laws 1972, c. 256, § 3.
82 OK Stat § 82-105.4 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.4. Diversion of water.

|Water turned into any natural or artificial watercourse by any party entitled to the use of such water may be reclaimed below and diverted therefrom by such party, subject to existing rights, due allowance for losses being made by the Board. |Laws 1972, c. 256, § 4.
82 OK Stat § 82-105.5 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.5. Impairment of water rights - Suits in district court.

|Any person having a right to the use of water from a stream as defined by this act or Section 60 in Title 60 of the Oklahoma Statutes whose right is impaired by the act or acts of another, or others, may bring suit in the district court of any county in which any of the acts complained of occurred. Provided, however, that nothing herein contained shall be construed to empower district courts to recognize rights to use the water of a stream unless such rights have heretofore been established pursuant to this act or are claimed under Section 60 in Title 60 of the Oklahoma Statutes. Provided, however, that the Attorney General shall intervene on behalf of the state in any suit for the adjudication of rights to the use of water if notified by the Board that the public interests would be best served by such action. |Laws 1972, c. 256, § 5.
82 OK Stat § 82-105.6 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.6. Adjudication of rights - Suit.

|When the Board determines the best interests of the claimants to the use of water from a stream system will be served by a determination of all rights to the use of water of such system, the Board may institute a suit on behalf of the state for the determination of all rights to the use of such water and shall diligently prosecute the same to a final adjudication. The cost of such suit, including the costs on behalf of the state, shall be charged against each of the parties thereto in proportion to the amount of water rights allotted. Provided that after the effective date of June 10, 1963, neither the bringing of such suit nor an adjudication in such a suit shall be a condition precedent to the granting of permits and licenses as authorized by this act. |Added by Laws 1972, c. 256, § 6.
82 OK Stat § 82-105.7 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.7. Parties to suit - Intervention - Orders.

|In any suit for the determination of rights to the use of the waters of any stream, brought pursuant to Section 6, any person who is using or who has used water from the stream or who claims the right or who might claim the right to use water from the stream may be made a party to the suit. Any person who is using or who has used or who claims the right to use water from the stream may intervene. No person not a party to the suit shall be bound by the decree therein, but the rights determined between the parties thereto and their privities shall be bound in all subsequent litigation. When any such suit has been filed, the court may by its order, duly entered, direct the Board to furnish data necessary for the determination of the rights involved. |Laws 1972, c. 256, § 7.
82 OK Stat § 82-105.8 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.8. Decree - Contents - Copies to be filed.

|Upon the adjudication of the rights of the use of the waters of a stream system, two or more certified copies of the decree shall be prepared by the clerk of the court, at the cost of the parties, and one copy shall be filed in the office of the Board and the other in the office of the registrar of deeds of each county in which such stream system is situated. Such decree shall in every case declare, as to the water right adjudged to each party, the priority, amount, purpose, place of use and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant together with such other conditions as may be necessary to define the right and its priority. |Laws 1972, c. 256, § 8.
82 OK Stat § 82-105.9 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.9. Application for water rights.

|Any person, firm, corporation, state or federal governmental agency, or subdivision thereof, intending to acquire the right to the beneficial use of any water shall, before commencing any construction for such purposes or before taking the same from any constructed works, make an application to the Board, together with the filing fee authorized by law, for a permit to appropriate in the form required by rules and regulations established by the Board. Such rules and regulations shall, in addition to providing the form and manner of preparing and presenting the application, require that such application state all the data necessary for the proper description and limitation of the right applied for, as to the amount of water requested, together with such information as may be necessary to show the method and practicability of the construction and the ability of the applicant to complete the same. |Added by Laws 1972, c. 256, § 9.
82 OK Stat § 82-105.11 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.11. Notice of application - Protest - Hearing.

|A. Except as otherwise provided by Section 105.13 of this title for limited quantity stream water permits, upon the acceptance of an application which complies with the provisions of Chapter 1 of this title, and the rules promulgated by the Oklahoma Water Resources Board pursuant thereto, the Board shall instruct the applicant to publish, within the time required by the Board, a notice thereof, at the applicant's expense, in a form prescribed by the Board in a newspaper of general circulation in the county of the point of diversion, and in a newspaper of general circulation published within the adjacent downstream county and any other counties designated by the Board once a week for two (2) consecutive weeks. Such notice shall give all the essential facts as to the proposed appropriation, among them being the places of appropriation and of use, amount of water, the purpose for which it is to be used, name and address of applicant, the hearing date, time and place if a hearing is scheduled by the Board before instructions to publish notice are given, and a thirty-day protest period as well as the manner in which a protest to the application may be made. At the time the Board provides the notice of application to the applicant, the Board shall publish on its website the applications and instructions for public notice, including the draft public notice prepared by the Board. The website publishing is in addition to, and not in lieu of, the requirement for applicants to publish notice in the newspaper. The time to protest shall run from the date of the first newspaper publication. |B. In case of failure to give such notice in accordance with the rules and regulations applicable thereto within the time required, or if such notice is defective, the priority of application shall be lost; however, if proper notice is given within thirty (30) days after the Board has notified the applicant of his or her failure to give effective and proper notice, the application shall thereafter carry the original date of filing, and shall supersede any subsequent application to the same source of water supply. Any interested party shall have the right to protest said application and present evidence and testimony in support of such protest.C. If the Board does not schedule a hearing on the application before instructing the applicant to publish notice, a hearing shall be scheduled by the Board upon receipt of a protest which meets the requirements of the Board's rules, the Board shall notify the applicant and protestant of such hearing.Added by Laws 1972, c. 256, § 11. Amended by Laws 1993, c. 164, § 2, emerg. eff. May 10, 1993; Laws 1995, c. 112, § 2, eff. Nov. 1, 1995; Laws 1996, c. 329, § 1, emerg. eff. June 12, 1996; Laws 2019, c. 411, § 1, eff. Nov. 1, 2019.
82 OK Stat § 82-105.12A (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.12A. Permits to use water outside of state.

|A. The State of Oklahoma has long recognized the importance of the conservation and preservation of its public waters and the necessity to maintain adequate supplies for the present and future water requirements of the state and to protect the public welfare of its citizens, and has entered into interstate compacts for that purpose. |B. No permit issued by the Oklahoma Water Resources Board to use water outside the boundaries of the State of Oklahoma shall:1. Impair the ability of the State of Oklahoma to meet its obligations under any interstate stream compact; or2. Impair or affect the powers, rights, or obligations of the United States, or those claiming under its authority or law, in, over and to water apportioned by interstate compacts.C. Water apportioned to the State of Oklahoma by an interstate compact is subject to the right and power of the State of Oklahoma to control, among other matters, the method of diversion of the water and the place of use.D. No permit for the use of water out of state shall authorize use of water apportioned to the State of Oklahoma under an interstate compact unless specifically authorized by an act of the Oklahoma Legislature and thereafter as approved by it.Added by Laws 2009, c. 403, § 1, emerg. eff. June 1, 2009.
82 OK Stat § 82-105.13 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.13. Seasonal, temporary, term and provisional permits - Limited quantity stream water permits.

|A. The Oklahoma Water Resources Board is authorized to issue, in addition to regular permits, seasonal, temporary, term or provisional temporary permits at any time the Board finds such issuance will not impair or interfere with domestic uses or existing rights of prior appropriators and may do so even where it finds no unappropriated water is available for a regular permit. All seasonal, temporary, term and provisional temporary permits shall contain a provision making them subject to all rights of prior appropriators. If any such permit is for water impounded in any works for storage, diversion or carriage of water, the applicant must comply with the provisions of Section 105.21 of this title. |B. Except as otherwise provided by this section, application, notice and administrative hearing as provided in Sections 105.9 through 105.12 of this title shall be required for all permits. A provisional temporary permit may be immediately and summarily granted upon administrative approval by the Board. Provisional temporary permits shall:1. Not be effective for a period of more than ninety (90) days;2. Be granted at the discretion of the Board; and3. Be subject to such terms, conditions and rules promulgated by the Board for such purposes.C. The Executive Director of the Board may administratively issue permits to use limited quantities of stream water. Notice, procedures and the maximum quantity authorized for limited quantity stream water permits shall be in compliance with rules promulgated by the Board. In no event shall the maximum quantity of water authorized in a limited quantity stream water permit exceed the amount of stream water that would otherwise be determined by the Board pursuant to Section 105.12 of this title.Added by Laws 1972, c. 256, § 13. Amended by Laws 1981, c. 35, § 2, emerg. eff. April 8, 1981; Laws 1996, c. 329, § 2, emerg. eff. June 12, 1996.
82 OK Stat § 82-105.14 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.14. Denial of permit - Approval of application for lesser amount - Appeal.

|If, in the opinion of the Board, the applicant fails to establish the three requirements of Section 12, it shall reject the application. It shall notify the applicant of the rejection and the reason for its action. In the absence of appeal as provided by this act, the decision of the Board shall be final. |If the Board denies a permit on the basis that there is no unappropriated water available in the amount applied for but finds that the other requirements were complied with, the applicant may file an amended application and apply for a lesser amount. Such amendment shall be in writing and sent by certified mail no later than fifteen (15) days after notice of denial of the original application shall have been mailed by the Board. Upon receipt of the amended application, the Board shall approve the application for the lesser amount at its next regularly scheduled meeting if such amount is sufficient. Such amendment shall not be deemed a waiver of the right to appeal from the action of the Board in denying the permit on the original application. Time for perfecting an appeal shall begin to run upon the mailing of notice of either the denial of the permit or approval of the amended application, whichever is later.Added by Laws 1972, c. 256, § 14.
82 OK Stat § 82-105.15 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.15. Time for commencement of works.

|A. Any permit shall expire unless the applicant begins construction of the works within two (2) years of the issuance of the permit by the Board. The Board may, as necessary and deemed appropriate under the circumstances, extend the time for the beginning of construction beyond the time allowed in the permit for good cause shown, such as engineering difficulty or other valid reason over which the applicant has no control. |B. If the Board does not receive a written notice of commencement of works or request to extend time within thirty (30) days after the end of the two-year period, the permit shall be deemed expired after written notice to the applicant.C. Provided, nothing in this section shall be construed as extending the time within which the waters authorized for use must be placed to actual beneficial use as provided in the permit and Sections 105.16 through 105.18 of this title.Laws 1972, c. 256, § 15; Laws 1981, c. 35, § 3, emerg. eff. April 8, 1981; Laws 1993, c. 164, § 4, emerg. eff. May 10, 1993.
82 OK Stat § 82-105.16 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.16. Time for putting water to beneficial use.

|A. Unless a schedule of use is provided by the Board as authorized in this section, a regular permit shall require that the whole of the amount of the water authorized by the permit be put to beneficial use within a period of less than seven (7) years. |B. If, upon evidence presented to the Board, and considering the present and future needs of the stream system of origin, it appears that the proposed project, improvement or structure will promote the optimal beneficial use of water in the state, and it further appears that the total amount of water to be authorized by the permit cannot be put to beneficial use within seven (7) years, then the Board shall provide in the permit the time within which the total amount to be authorized shall be put to beneficial use. This time shall be the useful life of the proposed project, improvement or structure as found by the Board. In order to insure orderly progress toward total beneficial utilization within the said time set by the Board, the Board shall provide in the permit a schedule of times within which certain percentages of the total amount to be authorized must be put to beneficial use.C. Nothing in this act shall be deemed to reestablish any right to the use of any water which has been lost by failure to use same or by forfeiture prior to July 5, 1961.Laws 1972, c. 256, § 16; Laws 1993, c. 164, § 5, emerg. eff. May 10, 1993.
82 OK Stat § 82-105.17 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.17. Reversion of water to public.

|A. To the extent that the water authorized is not put to beneficial use as provided by the terms of the permit, that amount not so used shall be forfeited by the holder of the permit and shall become public water and available for appropriation. |B. When the party entitled to the use of water commences using water but thereafter fails to beneficially use all or any part of the water claimed by him, for which a right of use has been vested for the purpose for which it was appropriated for a period of seven (7) continuous years, such unused water shall revert to the public and shall be regarded as unappropriated public water.Laws 1972, c. 256, § 17; Laws 1993, c. 164, § 6, emerg. eff. May 10, 1993.