reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
2. 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.
2023 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; and
3. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-105.20. Violations.

A. 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, the injury or obstruction of waterworks, or the violation of a permit condition 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 Oklahoma Water Resources 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.
B. 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, the injury or obstruction of waterworks, or the violation of a permit condition are considered violations of Sections 105.1 through 105.32 of this title and shall be subject to administrative penalties issued by the Board of up to Five Thousand Dollars ($5,000.00) per day of violation. Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties.
C. 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. Amended by Laws 2022, c. 218, § 1, eff. Nov. 1, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
5. "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.
2023 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; or
2. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
8. "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.
2023 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.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.3. Petition - Contents.

The petition shall be signed by the petitioners, filed with the Oklahoma Water Resources Board, and shall contain the following information:
1. A specific description of the lands within the proposed district;
2. The names and addresses of all of the electors within the proposed district as reflected by the records of the county clerk of the county wherein the land is located;
3. The proposed plan of operation and such additional data and information required by rules and regulations of the Oklahoma Water Resources Board;
4. An attached map showing the boundaries of the proposed district; and
5. A request that the district be organized.
Laws 1973, c. 179, § 3, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 4, emerg. eff. April 13, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.4. Hearing - Notice - Order.

After receipt of the petition, the Oklahoma Water Resources Board shall:
1. Set the petition for hearing before a hearing officer in a place of general convenience at the nearest county seat. The Oklahoma Water Resources Board shall instruct the petitioners to publish, at their expense, notice of said hearing by legal publication for two (2) consecutive weeks in a newspaper of general circulation, published in each county containing lands within the boundaries of the proposed district. Such hearing date shall be set not earlier than thirty (30) days after the last publication date of said notice. In addition, owners of land included in the proposed district, as reflected by the records of the county clerk of the county wherein the land is located, shall be notified by the petitioners of the hearing by registered or certified mail. Such notice shall be mailed at least thirty (30) days prior to the date set for the hearing. The notice shall contain:
a.
a brief statement describing the purpose of such hearing,
b.
a description of the territory to be included within said district, and
c.
the date and the time and place of the hearing at which all persons residing or owning property within the proposed district may appear and be heard concerning the petition;
2. Permit filing of statements supporting or opposing the same;
3. Approve or deny the petition and plan as the Oklahoma Water Resources Board deems advisable;
4. Include or exclude lands within the district, upon application of the owners thereof, provided the Oklahoma Water Resources Board finds that it is in the best interest of the district and the owners of such land;
5. If the organization of the district is approved, issue an order describing the boundaries of the district. The order shall be filed of record within thirty (30) days after the date of issuance by the Oklahoma Water Resources Board in the office of the county clerk of each county or counties wherein lands included within the district are located; and
6. Call a meeting, and instruct the petitioners to give notice by mail of such meeting, of the district electors for the purpose of adopting bylaws and electing directors.
Laws 1973, c. 179, § 4, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 5, emerg. eff. April 13, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.8. Collection of assessments and delinquent assessments - Reports.

A. If the county treasurer of each county in which lands of the district are located collects any assessments and delinquent assessments, the county treasurer shall make monthly reports of the sums collected. On the first day of each month, the county treasurer shall issue a warrant payable to the district for all sums collected. The county treasurer shall make a report to the district, immediately after October 31 of each year, of the total sums collected and of the assessments not collected for the preceding year.
B. If the board collects assessments and delinquent assessments, the board shall make monthly reports of the sums collected. The board shall make a report to the district, at the annual meeting of the electors, of the total sums collected and of the assessments not collected for the preceding year.
Laws 1973, c. 179, § 8, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 9, emerg. eff. April 13, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.9. Liens - Collection of delinquent assessments - Invalid assessments - Deeds.

A. 1. All assessments and all costs and expenses of collecting them shall constitute a lien on the lands against which the assessments have been levied. Such lien shall attach the date the assessment certificate is filed in the office of the county treasurer and shall continue until paid. Such lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other liens.
2. Delinquent assessments to be collected by the county treasurer pursuant to Section 277.7 of this title shall be collected in the same manner and at the same time as delinquent ad valorem taxes are collected. Any tax sale shall include all charges, and such lien may be evidenced by any ad valorem tax sale certificate including said charge substantially in the form required by law.
3. For delinquent assessments to be collected by the board pursuant to Section 277.7 of this title, any actions by the board to enforce a lien established pursuant to this section shall be maintained in the same manner as actions to enforce a mortgage or deed of trust.
B. If any assessment is declared invalid, the board shall immediately amend all proceedings, remedy all defects or irregularities and make and provide for the collection of new assessments.
C. Unless expressly declared to the contrary, no warranty deed or deed made pursuant to a judicial sale shall warrant against any portion of any assessment or assessments levied pursuant to this section except installments due before the date of such deed.
Laws 1973, c. 179, § 9, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 10, emerg. eff. April 13, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.10. Money judgments against district.

Money judgments against the district shall be satisfied in the manner provided in Sections 365.1 through 365.6 of Title 62 of the Oklahoma Statutes, for paying judgments against county or other municipal subdivisions of this state. The district is authorized to levy special assessments to carry out the provisions of this section.
Laws 1973, c. 179, § 10, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 11, emerg. eff. April 13, 1992.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-277.11. Construction and assessment elections.

A. When the board calls an election and submits to the electors the question whether or not a construction plan and an assessment shall be levied to raise money to be used for any of the purposes provided in the Oklahoma Irrigation District Act, the election shall be called upon notice and shall be held and the result thereof determined and declared in all respects in conformity with the bylaws of the district.
B. The notice shall specify:
1. the proposed construction plan;
2. the total amount of money proposed to be raised;
3. the purpose for which it is intended to be used;
4. the maximum annual assessments proposed to be levied; and
5. the number of years the assessment shall continue.
C. The ballots shall contain the words "Construction and Assessment - Yes" and "Construction and Assessment - No." If a majority of the votes are "Construction and Assessment - Yes," the Board shall, at the time of the annual levy thereunder, levy an assessment sufficient to raise the amount payable.
Laws 1973, c. 179, § 11, emerg. eff. May 16, 1973; Laws 1992, c. 69, § 12, emerg. eff. April 13, 1992.