reglab/housing_qa huggingface dataset:
82 OK Stat § 82-105.18 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.18. Loss of right to use water - Notice - Hearing.

|A. When the Board has reasonable cause to believe that the right to use water has been lost in whole or in part, as provided in Section 105.17 of this title, the Board may proceed to cancel administratively such right by notifying the claimant of such right, or his latest successor in such rights, by written notification mailed by registered or certified mail to his last known address that there is reasonable cause for believing that he has lost his water rights under the provisions of Section 105.16 or 105.17 of this title. |B. Such notice shall be mailed at least thirty (30) days prior to the date set for the hearing and shall give the time and place set for the hearing on such water rights; provided that if there is evidence that delivery of such notice by registered or certified mail cannot be made to the claimant, or his successor in such water rights, the Board shall give notice by publishing the same in a local newspaper qualified to publish such notice, nearest the point where said water right had attached, once each week for two (2) consecutive weeks. Such hearing date shall be set not earlier than thirty (30) days after the last publication date of said notice.C. At such hearing the claimant of such water right, or his successor in such right, shall have the right to show cause why such water right should not be declared to have been lost through nonuse. Such cause may be shown by substantial competent evidence that the failure to beneficially use the water subject to forfeiture was caused by circumstances beyond the control of the claimant and the claimant was ready and willing to use the water.Procedures of hearings and appeals shall be governed by the Administrative Procedures Act.D. Provided, that the failure of the Board to determine that a right to use water has been lost in whole or in part for nonuse shall not in any way revive or continue the said right.Laws 1972, c. 256, § 18; Laws 1979, c. 140, § 1; Laws 1993, c. 164, § 7, emerg. eff. May 10, 1993.
82 OK Stat § 82-105.19 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.19. Surrender of water rights.

|The Board may accept the surrender of any water right by the holder thereof pursuant to rules and regulations adopted by the Board. |Laws 1972, c. 256, § 19.
82 OK Stat § 82-105.20 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.20. Violations.

|The unauthorized use of water, the unauthorized transfer of a water right, the continued use of works which are unsafe after receiving notice to repair, the waste of water, the unauthorized severance of a water right from the land to which it is appurtenant, the refusal to change unsafe works when directed to do so, or the injury or obstruction of waterworks shall be a misdemeanor and each day such violation continues shall be a separate violation. In addition to filing criminal complaints and any other remedies provided herein, the Board shall have the right to bring an action in the district court of the county wherein such act or omission occurs to enjoin the same. The Board and its authorized agents shall have a reasonable right to go upon private property in the performance of their duties hereunder and shall have the duty to file complaints of violations of the penal provisions of this section. |Laws 1972, c. 256, § 20.
82 OK Stat § 82-105.21 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.21. Surplus water.

|The owner of any works for the storage, diversion or carriage of water, which contain water in excess of his needs for irrigation or other beneficial use for which it has been appropriated, shall be required to deliver such surplus, at reasonable rates for storage or carriage, or both, as the case may be, to the parties entitled to the use of the water for beneficial purposes. In case of the refusal of such owner to deliver any such surplus water at reasonable rates as determined by the Board, he may be compelled to do so by the district court for the county in which the surplus water is to be used. |Laws 1972, c. 256, § 21.
82 OK Stat § 82-105.22 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.22. Severance and transfer of water right.

|All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used: Provided, that if for any reason it should at any time become impracticable to beneficially or economically use water for the irrigation of any land to which the right of use of same is appurtenant, said right may be severed from said land, and simultaneously transferred, and become appurtenant to other land, without losing priority of right theretofore established, if such change can be made without detriment to existing rights, on the approval of an application of the owner to the Board. Before the approval of such application, the applicant must give notice thereof by publication once a week for two (2) consecutive weeks in a newspaper or newspapers of general circulation in the county or counties in which each tract of land is located. The notice shall be in the form prescribed by the Board and shall include the name of the applicant, the date, time and place and kind of use and a description of the nature of the proposed change. The final publication of the notice shall precede the date of the hearing by at least thirty (30) days. |After proof of notice and hearing, the Board shall issue its order. The order may deny or grant the application in whole or in part upon such conditions as are necessary to preserve the rights of the parties. Any person aggrieved by the order may seek relief as provided for in The Administrative Procedures Act.Laws 1972, c. 256, § 22.
82 OK Stat § 82-105.23 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.23. Use of water for other purposes.

|Any appropriator of water including but not limited to one who uses water for irrigation, may use the same for other than the purposes for which it was appropriated, or may change the place of diversion, storage or use, in the manner and under the conditions prescribed for the transfer of the right to use water for irrigation purposes in Section 105.22 of this title. |Amended by Laws 1988, c. 203, § 4, emerg. eff. June 10, 1988.
82 OK Stat § 82-105.24 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.24. Assignment of appropiation permit - Transfer of title to land.

|Any permit to appropriate water may be assigned, but no assignment shall be binding, except upon the parties thereto, unless filed for record in the office of the Board. The evidence of the right to use water from any works constructed by the United States or its duly authorized agencies shall in like manner be filed in the office of the Board upon assignment; provided, that no permit to appropriate water for irrigation purposes shall be assigned, or the ownership thereof in any way transferred, apart from the land to which it is appurtenant, except in the manner specially provided by law; provided, further, that the transfer of title to land in any manner whatsoever shall carry with it all rights to use of water appurtenant thereto for irrigation purposes. |Laws 1972, c. 256, § 24.
82 OK Stat § 82-105.25 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.25. Notice of completion - Inspection.

|On the date set for the completion of the work, or prior thereto, upon notice from the owner that the work has been completed, the Board shall cause the work to be inspected after due notice to the owner of the permit. Such inspection shall be thorough and complete, in order to determine the actual capacity of the works, their safety and efficiency. If not properly and safely constructed, the Board may require the necessary changes to be made within a reasonable time and shall not issue a certificate of completion until such changes are made. Failure to make such changes within the time required by the Board shall cause the postponement of the priority under the permit for such time as may elapse from the date for completing such changes until made to the satisfaction of the Board and applications subsequent in time shall have the benefit of such postponement of priority; provided, the Board may accept the report of inspection by a registered professional engineer. |Laws 1972, c. 256, § 25.
82 OK Stat § 82-105.26 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.26. Certificate of completion.

|When the works are found in satisfactory condition, after inspection, the Board shall issue a certificate of completion of construction, setting forth the actual capacity of the works and such limitations upon the water right as shall be warranted by the condition of the works, but in no manner extending the rights described in the permit. |Added by Laws 1972, c. 256, § 26.
82 OK Stat § 82-105.27 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.27. Unsafe works to be changed - United States works not subject to inspection.

|If the Board shall, in the course of its duties, find that any works used for storage, diversion or carriage of water are unsafe and a menace to life and property, it shall at once notify the owner or his agent, specifying the changes necessary and allowing a reasonable time for putting the works in safe condition. Upon the request of any party, accompanied by the estimated cost of inspection, the Board shall cause any alleged unsafe works to be inspected. If they shall be found unsafe by the Board, the money deposited by such party shall be refunded and the fees for inspection shall be paid by the owner of such works; and, if not paid by him within thirty (30) days after the decision of the Board, shall be a lien against any property of such owner, to be recovered by suit instituted by the district attorney of the county at the request of the Board. The Board may, when necessary, inspect any works for the storage, diversion or carriage of water and require any changes necessary to secure their safety; and the fees for such inspection shall be a lien on any property of the owner and shall be subject to collection as provided herein; provided, that any works constructed by the United States, or by its duly authorized agencies, shall not be subject to such inspection while under the supervision of officers of the United States. Provided, that liens provided for in this section shall be superior in right to all mortgages or other encumbrances, except ad valorem tax liens, placed upon the land and the water appurtenant thereto or used in connection therewith. |Amended by Laws 1988, c. 203, § 5, emerg. eff. June 10, 1988.
82 OK Stat § 82-105.28 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.28. Measurement of water.

|The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard measurement of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty (43,560) cubic feet. |Laws 1972, c. 256, § 28.
82 OK Stat § 82-105.30 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.30. Extension of period of withdrawal under national emergency.

|In case of national emergency, such as war, during periods when materials for the construction of projects as herein contemplated by the United States may not be available, such periods of emergency shall not be chargeable to the maximum period provided for the construction of projects initiated under this act. |Laws 1972, c. 256, § 30.
82 OK Stat § 82-105.31 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.31. Records of Oklahoma Water Resources Board open to public.

|The records of the office of the Board shall be public records, shall remain on file in its office and shall be open to the inspection of the public at all times during business hours. Such records shall show in full all lists of vested water rights in the several stream systems of the state, permits issued, completion of works reports, together with all actions thereon or decisions of the Board affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the office of the Board shall be evidence equally with the originals thereof and when introduced as evidence shall have the same validity as the originals. |Laws 1972, c. 256, § 31.
82 OK Stat § 82-105.32 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-105.32. Effect of act on forfeited water rights and priority dates.

|The codifying and renumbering of the several sections of Chapter 1 in Title 82 of the Oklahoma Statutes shall not alter their effectiveness by the adoption of this act; nor shall this act with its several amendments to existing law be deemed to reestablish any water rights that have heretofore been lost or forfeited under laws heretofore in effect prior to the effective date of this act; nor shall the adoption of this act change in any manner priority dates for the right to use water under the laws in effect prior to the adoption of this act. |Laws 1972, c. 256, § 32.
82 OK Stat § 82-110.1 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.1. Short title.

|This act shall be known and may be cited as the "Oklahoma Dam Safety Act". |Added by Laws 1992, c. 185, § 1, eff. July 1, 1992.
82 OK Stat § 82-110.2 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.2. Legislative intent.

|It is recognized by the Oklahoma State Legislature that properly constructed, operated and maintained dams used to impound water and create reservoirs for the purposes of public and private water supply, irrigation, industrial use, recreation, fish and wildlife, water quality control, flood prevention and control, sediment control, and other beneficial uses constitute vital parts of the State of Oklahoma's water resources, and that reasonable regulation of such construction, operation and maintenance is beneficial and necessary for the public health and welfare and to protect lives and property. It is the intent of the Legislature that the provisions of this act shall reaffirm and clarify such regulation and the dam safety program of the Oklahoma Water Resources Board already established and shall further provide sufficient basis for communities in the National Flood Insurance Program to obtain favorable consideration of rate decreases for their citizens offered through the Community Rating System administered by the Federal Emergency Management Agency. |Added by Laws 1992, c. 185, § 2, eff. July 1, 1992.
82 OK Stat § 82-110.3 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.3. Definitions.

|As used in this act: |1. "Board" means the Oklahoma Water Resources Board;2. "Dam" means any artificial barrier, together with appurtenant works, which does or may impound or divert water;3. "Gully plug" means any grade stabilization structure that has less than five (5) acre-feet of water storage available below the principal spillway elevation and less than fifty (50) acre-feet of storage volume below the emergency spillway elevation;4. "Owner" means any person who, jointly or severally, owns, controls, maintains, manages, or proposes to construct a dam or reservoir, and includes but is not limited to those persons shown by records of the county registrar of deeds in the county where the dam or reservoir lies to have some interest, by fee, easement, mortgage or otherwise, in the land on which the dam and lake lie, and may also include but is not limited to those persons who may derive a direct pecuniary benefit from the existence of the lake; and5. "Person" means any individual, firm, partnership, association, corporation, any trust formed for the benefit of an individual, business or any public entity, federal agency, the State of Oklahoma and any political subdivision thereof, municipalities, and any other legal entity.Added by Laws 1992, c. 185, § 3, eff. July 1, 1992.
82 OK Stat § 82-110.4 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.4. Dams subject to regulation under this act.

|A. Dams, together with appurtenant works, which meet the following alternative criterion are subject to the provisions of this act and rules promulgated by the Oklahoma Water Resources Board pursuant to this act: |1. Dams which are or will be twenty-five feet (25') or more in height measured from the natural stream channel to the top of the dam; or2. Dams which have or will have an impounding capacity of fifty (50) acre-feet or more;provided, that any barrier to the flow of water which does or may impound water and which is or will be six feet (6') or less in height, regardless of storage capacity, or which has or will have a storage capacity of fifteen (15) acre-feet or less, regardless of height, shall not be subject to regulation under this act unless it is determined to have a high hazard potential classification as established by the Board.B. No barrier to the flow of water determined by the Board to be designated primarily for roadfill shall be subject to regulation under this act.C. Gully plugs are not subject to regulation under this act.D. Dams constructed by any agency of the United States Government shall not be subject to regulation under this act during or after construction while such dams remain under the supervision of any officer or agency of the United States.Added by Laws 1992, c. 185, § 4, eff. July 1, 1992.
82 OK Stat § 82-110.6 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.6. Effect of act on liability of dam owners.

|Nothing in this act shall relieve an owner of a dam from any liability related to the construction and maintenance of such dam. |Added by Laws 1992, c. 185, § 6, eff. July 1, 1992.
82 OK Stat § 82-110.7 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.7. Supervision of dam safety program.

|The dam safety program authorized by this act shall be supervised within the Oklahoma Water Resources Board by an engineer registered with the State Board of Registration for Professional Engineers and Land Surveyors or successor agency and who shall have practical training or experience concerning the analysis, design, and construction of dams and reservoirs. |Added by Laws 1992, c. 185, § 7, eff. July 1, 1992.
82 OK Stat § 82-110.8 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.8. Notice of completion of construction - Certification.

|A. Certificates of completion of works from the Oklahoma Water Resources Board shall be required before any water may be impounded by a new dam or before water may be impounded at an elevation higher than that previously authorized by the Board at an existing dam which has been modified. Said certificate shall contain the date of approval of plans and specifications for the dam, date construction was completed on said dam, and any other conditions as may be required by the Board. |B. The owner must give notice of completion of construction of the new dam or of modifications to an existing dam to the Board, and the Board shall inspect such dam before issuing a certificate of completion.C. The Board may modify, revoke or amend any said certificate as necessary to assure the safety of the dam.D. Fees for the inspections and for the issuance of certificates required by this section shall be set forth in rules promulgated by the Board.Added by Laws 1992, c. 185, § 8, eff. July 1, 1992.
82 OK Stat § 82-110.9 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.9. Records - Disclosure to Board - Notice of flood events.

|A. Owners of dams are responsible for keeping accurate records pertaining to the design, construction, operation and maintenance of their dams and to make the same available upon request of the Oklahoma Water Resources Board. |B. Owners of dams must give timely notice to the Board of flood events or other circumstances that may affect the integrity or safety of the dam. Said notice must be given as required by rules of the Board.Added by Laws 1992, c. 185, § 9, eff. July 1, 1992.
82 OK Stat § 82-110.11 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.11. Appeals of orders.

|Appeals of orders issued by the Oklahoma Water Resources Board pursuant to this act, except emergency orders issued under subsection B of Section 10 of this act, shall be taken pursuant to Article II of the Administrative Procedures Act, Sections 205 et seq. and 301 et seq. of Title 75 of the Oklahoma Statutes. |Added by Laws 1992, c. 185, § 11, eff. July 1, 1992.
82 OK Stat § 82-110.12 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-110.12. Effect of act on other laws and rules.

|The provisions of this act shall be supplementary to other provisions of law. Rules of the Oklahoma Water Resources Board relating to dams which were promulgated prior to the effective date of this act shall remain effective until amended. |Added by Laws 1992, c. 185, § 12, eff. July 1, 1992.
82 OK Stat § 82-277 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-277. Short title.

|Sections 1 through 25 of this act shall be known and may be cited as the "Oklahoma Irrigation District Act". |Added by Laws 1992, c. 69, § 1, emerg. eff. April 13, 1992.
82 OK Stat § 82-277.1 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-277.1. Definitions.

|As used in the Oklahoma Irrigation District Act: |1. "District" means an irrigation district, organized under the laws of this state, including but not limited to those which have a contract with this state or the United States Government, or agencies thereof, under the reclamation laws for the construction, maintenance and operation of an irrigation system;2. "Board" means the board of directors of an irrigation district;3. "Director" means a director of an irrigation district;4. "Assessments" means any annual or special fee imposed by an irrigation district for the payment of organization, maintenance, operating and current expenses, water charges, cost of construction or improvements, emergency repairs and any other lawful expenditure authorized by the directors or the electors;5. "Elector" means any person who is of legal voting age and is the owner in fee or the owner of a life estate in at least ten (10) acres or an undivided interest equaling ten (10) acres of irrigable land within said district or proposed district, or any trustee for a beneficiary or guardian of any ward who owns either in fee or a life estate in at least ten (10) acres of irrigable land; or an executor, administrator or trustee of any estate owning at least ten (10) acres of irrigable land in said district or proposed district. The owner of any remainder of any land subject to a life estate shall not be an elector;6. "Irrigable land" means that land which is principally used for the cultivation of crops or the raising and feeding of livestock where value or use can be enhanced by watering through irrigation channels or systems;7. "Reclassification" means the process of including or excluding land within the boundaries of an irrigation district; and8. "Transfer" means the process of substituting land which is assessed for other land within or immediately adjacent to the boundaries of an irrigation district.Laws 1973, c. 179, § 1, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 2, emerg. eff. April 13, 1992.
82 OK Stat § 82-277.2 (2021)
2021 Oklahoma Statutes|Title 82. Waters and Water Rights|§82-277.2. Proposal by titleholders to organize irrigation district.

|If a minimum of ten or a majority of the holders of title to irrigable lands from a common source or combined sources and by the same system or combined systems of works, desire to provide for the irrigation of such irrigable lands, the holders may propose the organization of an irrigation district by petition pursuant to the Oklahoma Irrigation District Act. |Laws 1973, c. 179, § 2, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 3, emerg. eff. April 13, 1992.