Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 11 - Administrative Determination of Prior Rights to Groundwater › Section 785:30-11-1 - General provisions relating to prior rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applications filed prior to effective
										date of groundwater act.
Applications filed with the Board prior to July 1, 1973, shall be used in
										granting permits for wells existing prior to July 1, 1973.
(b)
Prior use of groundwater.
Nothing in
[82:1020.14] 82 O.S. 1981,
										§§1020.1 through 1020.22 inclusive,
shall be construed to deprive any person of any right
										of groundwater in such quantities and amounts as were used or were entitled to be used prior to enactment
										thereof. Any person having the right to place groundwater to beneficial use prior to the effective
										date
[82:1020.14] of the Groundwater Act (July 1, 1973)
shall have the right to bring his
										use under the provisions of this act
[82:1020.14] as provided in these rules and
										regulations.
(c)
Determination of prior rights to
										groundwater.
(1) In establishing total discharges, as provided in 82
										O.S. 1981, §1020.5 and
										785:30-9-2, the Board
										shall establish the prior rights in effect on July 1, 1973, in each county.
(2) The rights to be determined are those which are protected by 82 O.S.
										1981, §1020.14, and are those which are:
(A) Based on actual taking of
										groundwater for beneficial use prior to the date of adoption of the original Oklahoma Groundwater Law (which
										date was August 26, 1949) to the extent that the water was put to beneficial use within two (2) years
										thereafter, i.e. before August 26, 1951; or
(B) Based on an
										application filed with the Board subsequent to August 26, 1949, and prior to July 5, 1961 (the effective date
										of certain amendments of the Oklahoma Groundwater Law to be found in Laws 1961, page 615, §§5 and
										6), to the extent that the water applied for was put to beneficial use within two (2) years of the filing of
										the application; or
(C) Based on the actual taking of groundwater
										for beneficial use prior to July 5, 1961 (the effective date of certain amendments to the Oklahoma
										Groundwater Act found in Laws 1961, page 615, §§5 and 6), to the extent that groundwater was
										actually taken and put to beneficial use within five (5) years of the filing of the application; or
(D) Based on an application filed with the Board after July 5, 1961 (the
										effective date of certain amendments to the Oklahoma Ground Water Act found in Laws 1961, §§5 and
										6) and prior to July 1, 1973 (the effective date of the repeal of the Oklahoma Ground Water Act of 1949), to
										the extent that the water was or is put to beneficial use within five (5) years of the filing of the
										application; or
(E) Based on a permit issued by the Board
										subsequent to October 21, 1965 (the effective date of certain amendments to the Groundwater Act to be found
										in Laws 1965, Chapter 471, §7) and prior to July 1, 1973, to the extent that the water has been put to
										beneficial use pursuant to the terms of 82 O.S. 1971, §1013.