Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 32 - Aquifer Storage And Recovery › Subchapter 1 - General provisions › Section 785:32-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the
											  following meaning, unless the context clearly indicates otherwise:
"Application"
means a formal request to the Board and the
											  first step required by law to acquire the right to perform or engage in activities regulated by the
											  Board.
"Aquifer Storage and Recovery Activities (ASR)"
means
											  activities that exclusively include activities for the storage of water in and recovery of water from an
											  aquifer pursuant to a site-specific aquifer storage and recovery plan authorized by 82 O.S. § 1020.2A.
											  Activities not conducted pursuant to a site-specific aquifer storage and recovery plan shall not be
											  considered ASR activities. For purposes of this chapter, ASR activities also shall not include activities
											  authorized pursuant to 82 O.S. 1020.2(G), storm water runoff management practices, groundwater recharge or
											  augmentation through a natural connection with a farm pond or other impoundment otherwise authorized by
											  law.
"Area of Hydrologic Effect"
means the areal extent of all
											  hydrologic features, including surface and groundwater, potentially influenced by ASR operations as
											  determined by the site-specific aquifer and storage recovery plan.
"Beneficial use"
means the use of such quantity of stream or
											  groundwater when reasonable intelligence and reasonable diligence are exercised in its application for a
											  lawful purpose and as is economically necessary for that purpose. Beneficial uses include but are not limited
											  to municipal, industrial, agricultural, irrigation, recreation, fish and wildlife, etc.
"Board"
means the Oklahoma Water Resources Board authorized
											  by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set
											  forth by law or, duties authorized by law to be delegated to the Executive Director, or any employee or agent
											  or staff member thereof as assigned by the Executive Director.
"Dedicated land"
means the tract or tracts of land which the
											  applicant owns, leases, or from which the applicant holds a valid right to withdraw groundwater and which is
											  listed in the application and used to calculate the amount of groundwater requested.
"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 whether or not the animals are actually owned by such natural individual or
											  family, and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of
											  gardens, orchards, and lawns [82:1020.1(2)]. Domestic use also includes:
(1) the use of water for agriculture purposes by natural
											  individuals,
(2) use of water for fire protection, and
(3) the use of water by non-household entities for drinking water
											  purposes, restroom use, and the watering of lawns, provided that the amount of groundwater used for any such
											  purposes does not exceed five acre-feet per year.
"Freshwater"
means water which has less than five thousand
											  (5,000) parts per million total dissolved solids. All other water is salt water. [82:1020.1(7)]
"Groundwater"
means fresh water under the surface of the
											  earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any
											  definite stream. [82:1020.1(C)]
"Groundwater basin"
means a distinct underground body of
											  water overlain by contiguous land having substantially the same geological and hydrological characteristics
											  and yield capabilities. [82:1020.1(3)] The area boundaries of a major or minor basin can be determined by
											  political boundaries, geological, hydrological, or other reasonable physical boundaries.
"Groundwater subbasin"
means a subdivision of a major or
											  minor groundwater basin overlain by contiguous land and having substantially the same geological and
											  hydrological characteristics and yield capabilities. [82:1020.1(4)] Examples are a lateral or vertical
											  subdivision of a groundwater basin delineated by either physical or political boundaries. Physical boundaries
											  would be different in geological, hydrological or yield capabilities; bedrock; faults; low permeability zones
											  or limits of pressure areas, etc. Political boundaries would be irrigation districts, planning districts,
											  counties, city limits, etc.
"Maximum annual yield"
means a determination by the Board of
											  the total amount of fresh groundwater that can be produced from each basin or subbasin allowing a minimum
											  twenty (20) year life of such basin or subbasin.
"Natural recharge"
means all flow of water into a
											  groundwater basin or subbasin by natural processes including percolation from irrigation.
"Party"
or
"interested party"
means a person or
											  agency named and participating, or properly seeking and entitled by law to participate, in hearings other
											  than hearings on Board rules, regulations and standards.
"Person"
means any individual, firm, partnership,
											  association, corporation, business or public trust, federal agency, state agency, the State or any political
											  subdivision thereof, municipalities, and any other duly constituted legal entity.
"Recharge Well"
means any well by which stored water is
											  transmitted from the surface to the subsurface.
"Sensitive sole source groundwater basin or subbasin"
means
											  a major groundwater basin or subbasin all or a portion of which has been designated as a 'Sole Source
											  Aquifer" by the United States Environmental Protection Agency, and includes any portion of an contiguous
											  aquifer located within five (5) miles of the known areal extent of the surface outcrop of the sensitive sole
											  source groundwater basin [82:1020.9A].
"Stored water"
means water stored in an aquifer pursuant to
											  a site-specific aquifer storage and recovery plan.
"Subsurface watershed"
means the geographic area in the
											  subsurface that contributes flowing groundwater to a specific point. The area and boundaries of the
											  subsurface watershed can deviate from the surface watershed. The subsurface watershed is delineated using a
											  water-table elevation map or potentiometric surface map.
"Water right"
means a right to the use of stream or
											  groundwater for beneficial purposes.
"Well"
means any type of excavation for the purpose of
											  obtaining groundwater or to monitor or observe conditions under the surface of the earth but does not include
											  oil and gas wells.