reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-8 - Measuring devices

Current through Vol. 41, No. 20, July 1, 2024
When required by the Board, measuring devices capable of providing an
											  accurate water measurement must be provided to measure the flow of the stream above and below the reservoir.
											  Permanent staff gages may be required to be placed near the outlet of the reservoir and such other locations
											  as specified by the Board and such gages shall be plainly marked in feet and tenths of
											  feet.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-9 - Prohibited construction

Current through Vol. 41, No. 20, July 1, 2024
No construction or excavation other than that necessary for the
											  operation, maintenance, investigation and monitoring of the dam and reservoir, shall be allowed on a dam or
											  spillway structure or within fifty (50) feet from the line where such dam or spillway structure meets the
											  natural grade unless otherwise ordered by the Board after a showing by substantial, competent evidence that
											  the proposed construction will not affect the integrity of the dam or spillway structure.
Amended at 9 Ok Reg 1675, eff
											  5-11-92
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-10 - Prohibited vegetation and erosion

Current through Vol. 41, No. 20, July 1, 2024
Trees and heavy vegetation shall be removed from the slopes and crest of
											  earthen embankments and emergency spillway area. Trees and heavy vegetation shall also be removed from an
											  area a minimum distance from the toe of the embankment of 30 feet. Dams shall be maintained such that
											  internal or external erosion is prevented. If erosion is present it shall be repaired utilizing appropriate
											  engineering practices.
Amended at 27 Ok Reg 1300, eff
											  5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-11 - Minimum safety factors

Current through Vol. 41, No. 20, July 1, 2024
As a guide for use by the Board and by engineers designing new dams,
											  assessing the condition of existing dams or proposing modifications to existing dams, the following safety
											  factors shall be utilized for:
(1) Embankment dams:
LOADING CONDITION
MINIMUM FACTOR OF SAFETY*
Steady seepage at emergency spillway crest
1.5
Rapid drawdown from principal spillway
1.2
Earthquake - reservoir at emergency spillway crest for
																		 downstream slope; reservoir at principal spillway for upstream slope
1.0
*The minimum factor of safety is calculated
																		 by the ratio of available shear strength to shear stress required for stable equilibrium.
(2) Concrete
										dams or concrete portions thereof:
LOADING CONDITION
MINIMUM FACTOR OF SAFETY** (by hazard
																		 classification of dam)
High and Significant
Low
Principal spillway level
2.25
2.0
Inflow design flood at maximum pool level
1.75
1.25
Principal spillway level with earthquake
greater than 1.0
greater than 1.0
**These minimum factors of safety apply to
																		 the calculation of stress and the shear friction factor of safety within the structure of the rock/concrete
																		 interface and foundation.
Amended at 11 Ok Reg 2931, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-1 - Application and fee required

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) Any person
										who shall desire to construct, enlarge, alter, remove or repair any dam under the Board's jurisdiction shall
										submit an application upon printed forms which will be furnished by the Board upon request.
(2) For the purposes of this subchapter, repair shall not be deemed to
										include routine normal maintenance.
(3) The maps, plans,
										drawings, and specifications of the proposed work along with the required fee shall form a part of the
										application.
(4) The application and attachments shall be filed
										in duplicate.
(5) Notwithstanding the provisions of paragraph (1)
										of this subsection,
an owner who proposes to construct a new dam
that will be considered an
										agriculture-exempt dam
shall be required only to notify the Board of such construction
and
										file a notice of completion in accordance with
										785:25-7-6
										[82:110.5].
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-2 - Plans to be prepared by registered professional engineer

Current through Vol. 41, No. 20, July 1, 2024
Plans and specifications shall be prepared by a Registered Professional
											  Engineer (59 O.S. 1981, §§475.1 and 475.15) who shall have training and/or experience concerning
											  the analysis, design, and/or construction of dams and reservoirs, or by an engineer of any United States
											  governmental agency acting in his official capacity (82 O.S. 1981, §105.27). However, if it is found
											  that a project does not concern or involve the public welfare or the safeguarding of life, health or
											  property, this requirement may be waived by the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-3 - Content of plans and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a) The plans and specifications shall, as a
										minimum, include the following:
(1) A topographic map of the dam site
										showing the location of spillway and outlet works. The map shall also show all contiguous property and the
										owners thereof. The topographic maps for low hazard dams are not required to show test borings, test pits and
										borrow pits.
(2) A profile along the dam axis showing the
										location, elevation, depth of borings or test pits including logs or bore holes and/or test pits, provided
										that plans and specifications for low hazard dams are not required to contain such a profile.
(3) A maximum cross-section of the dam showing elevation and width of
										crest, slopes of upstream and downstream faces, thickness of riprap, zoning of earth embankment, location of
										cutoff and bonding trenches, elevations, size and type of outlet conduit, valves and operating
										mechanism.
(4) Area and capacity curves of the proposed
										reservoir.
(5) Detailed drawings showing plans, cross and
										longitudinal sections of the outlet conduits, valves and controls for operating the same, and trash
										racks.
(6) The discharge capacity in cubic feet per second of the
										spillway for each foot in water depth above the spillway crest up to the maximum high water level and the
										formula used in making such determinations.
(7) Detailed plans of
										spillway structures, cross-section of the channel leading to and from the spillway, spillway profile, and
										procedures for operation of the spillway structure.
(8)
										Hydrologic and hydraulic analysis report as described in the publication Hydrologic and Hydraulic Guidelines
										for Dams in Oklahoma, Oklahoma Water Resources Board, Dam Safety Program, August 2011.
(9) A requirement, during the period of construction, for supervision by an
										engineer as required in
										785:25-7-2.
(10) A provision that the plans and specifications may not be substantially
										changed or changed in any material respect without prior written consent of the Board.
(11) A provision stating in detail all matters necessary to ensure that
										construction is accomplished in a responsible manner and that needed control is exercised by an engineer as
										required in 785:25-7-2 to ensure construction of a safe
										structure.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-4 - Additional report information

Current through Vol. 41, No. 20, July 1, 2024
An engineer's report giving details necessary for analysis of the
											  structure and appurtenances shall be submitted with the plans and specifications. Included as a part of the
											  report shall be the following:
(1) Formula and assumptions used in
										design;
(2) Hydrologic data used in determining runoff from the
										drainage areas including copies of any records that the applicant has of flood flows and precipitation for
										the region;
(3) Foundation and materials investigations;
										and
(4) All other information which would aid in evaluating the
										design.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-5 - Notice of application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice preparation.
(1)
										After an application has been duly filed and accepted, the Board may require that applicants for permits
										involving significant and high hazard-potential dams publish notice as it instructs. If such notice is
										required, a notice will be prepared by the Board and include information describing the application, the name
										and address of the applicant and opportunities for public comment.
(2) The notice will be mailed to the applicant with a letter of
										instructions as to the publication. Prior to publication, the applicant shall check the notice for any
										errors.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-6 - Affidavit of notice publication and mailing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Affidavit of publication
										required.
If the Board has required publication of notice, then the applicant shall file the sworn
										statement of the publisher with the Board before the application is considered by the Board. The affidavit
										shall state the dates on which the notice was published in the newspaper.
(b)
Failure to furnish affidavit.
Failure to furnish evidence
										of publication or of mailing of the notice in the manner required on or before the date the Board considers
										the application or may be deemed evidence of abandonment of the application.
Amended at 9 Ok Reg 1675, eff
											  5-11-92; Amended at 27 Ok Reg 1300, eff 5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-7 - Public comment

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may submit written comments on any
										application.
(b) If the Board determines there is significant
										public interest in an application, it may schedule a public meeting to receive oral comments. Any interested
										person may appear and present comments.
(c) The Board shall
										consider the public comments when evaluating the application, and shall respond or prepare and publish a
										response to those comments, and may direct the applicant to respond.
Amended at 9 Ok Reg 1675, eff
											  5-11-92; Amended at 27 Ok Reg 1300, eff 5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 5 - Applications and Approval of Construction › Section 785:25-5-8 - Approval or denial of application

Current through Vol. 41, No. 20, July 1, 2024
(a) After evaluating the application, if it is
										determined that the proposed construction, enlargement, alteration, or repair of any dam is safe and not a
										menace to life and property and is in conformity with all statutory requirements and the rules in this
										Chapter, said application shall be approved by the Board upon such conditions as the Board may
										prescribe.
(b) If it is determined that the proposed
										construction, enlargement, alteration, or repair of any dam is
unsafe and a menace to life and
										property,
[82:105.2] said application shall be denied by the Board.
(c) The applicant shall be notified in writing of the Board's
										decision.
(d) If the application is approved, no impoundment of
										water by the dam may be made until all additional requirements of these rules and regulations are met unless
										the approved construction is for an existing dam and the construction may be carried out without emptying the
										water in the reservoir.
(e) The applicant shall commence
										construction within two (2) years after the date of approval of the plans and specifications or the approval
										will be deemed to have lapsed and shall thereafter be null and void, provided that the applicant may request
										an extension of time to commence such construction and if the extension is granted, the approval will not be
										deemed to lapse during the time extended.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-1 - Inspection during construction

Current through Vol. 41, No. 20, July 1, 2024
During the construction, enlargement, repair, alteration, or removal of
											  any dam or reservoir, periodic inspections may be made by the Board and the owner shall be required to
											  perform at his expense such works or tests as necessary to disclose information sufficient to enable the
											  Board to determine that substantial conformity with approved plans and specifications is being secured, which
											  shall include adequate inspection, at owner's expense, to satisfy the Board of substantial compliance to
											  approved plans, drawings, and specifications.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-2 - Inspection fee

Current through Vol. 41, No. 20, July 1, 2024
(a) Fees for any such inspection must be paid by the owner upon submission
										of an itemized statement by the Board.
(b) Fees for inspections
										not paid by the owner within thirty (30) days after notice by 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.
Such liens
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.
[82:105.27]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-3 - Deficiencies during and after construction

Current through Vol. 41, No. 20, July 1, 2024
(a) If, after any inspections, investigations, or
										examinations, or at any time after completion, it is found that amendments, modifications, or changes to the
										work performed pursuant to the approved plans and specifications are necessary to protect life and insure
										safety of the dam or to meet acceptable dam safety engineering practices, including those found in references
										set forth in
										785:25-3-4,
										the owner shall be required to submit a revised application.
(b)
										If conditions are revealed which will not permit the construction of a safe dam or reservoir, the prior
										approval may be revoked or modified by the Board after notice and hearing.
(c) After the inspection, investigation, or examination, the Board shall,
										in a report to the owner, specify the deficiencies and allow a reasonable time for correcting the
										deficiencies.
Amended at 9 Ok Reg 1675, eff
											  5-11-92
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-4 - Supervision of construction by owner

Current through Vol. 41, No. 20, July 1, 2024
After receiving approval of plans and specification, supervision of
											  construction by the owner shall be as follows:
(1) The work of
										construction, enlargement, repair, alteration or removal of dam or reservoir, for which approved application,
										plans, drawings, and specifications are required, shall be under the responsible charge of an engineer as
										defined in
										785:25-5-2
										who shall certify, upon completion and prior to impoundment of any waters, that such construction,
										enlargement, repair, alteration, or removal was done in accordance with approved plans, drawings, and
										specifications.
(2) Final approval in writing by a United States
										governmental agency shall be required for those structures designed by and/or constructed under the
										supervision of personnel of that agency.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-5 - Changes to plans and specifications after approval

Current through Vol. 41, No. 20, July 1, 2024
(a) If during construction, enlargement, repair,
										alteration, or removal of any dam or reservoir, it is found that amendments, modifications, or changes that
										increase the normal or maximum water elevations, increase spillway releases or discharges, or that increase
										potential damages downstream will need to be made to the plans and specifications as previously approved by
										the Board, an amended application including hydrologic and hydraulic analysis, maps, plans, drawings, and
										specifications shall be submitted to the Board for approval.
(b)
										The owner may be required to publish notice of the date, place and time when the Board will consider the
										matter as was done for the original application.
(c) Other
										amendments, modifications or changes shown in as-built plans and specifications may be accepted by Board
										staff.
Amended at 9 Ok Reg 1675, eff 5-11-92 ; Amended at 27 Ok Reg 1300,
													 eff 5-27-10 ; Amended at 30 Ok Reg 883, eff 6-13-13
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-6 - Notice of completion and filing of supplementary drawings or descriptive matter

Current through Vol. 41, No. 20, July 1, 2024
Immediately upon completion of a new dam or reservoir or enlargement or
											  repair of a dam or reservoir, the owner shall give notice of completion and as soon thereafter as possible
											  shall file supplementary drawings or descriptive matter showing or describing the dam or reservoir as
											  actually constructed, including the following:
(1) A record of all
										grout holes and grouting;
(2) A record of permanent location
										points and bench marks;
(3) A record of tests of concrete soils,
										or other materials used in the construction of the dam or reservoir;
(4) Any other items which may be of permanent value and have a hearing on
										the safety and performance of the dam or reservoir; and
(5) For
										dams classified as high hazard-potential, a breach analysis report and map showing the breach inundation area
										utilizing the publication Hydrologic and Hydraulic Guidelines for Dams in Oklahoma, Oklahoma Water Resources
										Board, Dam Safety Program, August 2011.
Amended at 30 Ok Reg 883, eff
													 6-13-13
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-7 - Emergency action plans

Current through Vol. 41, No. 20, July 1, 2024
(a) Owners of existing or proposed dams classified as high
										hazard-potential, regardless of the size of such dams, and any other dam as determined by the Board, shall
										create and maintain an EAP that utilizes the recommendations, as determined by the Board, of the "Federal
										Guidelines for Dam Safety, Emergency Action Planning for Dams ," published July 2013 by the Federal Emergency
										Management Agency. The owner shall submit a copy of the EAP to the Board.
(b) Owners shall annually review their EAPs to assure they are still
										accurate and applicable, and submit any updates to the EAPs to the Board.
Amended at 27 Ok Reg 1300, eff
											  5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 7 - Post Approval Actions › Section 785:25-7-8 - Certificate of completion

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance; revocation; amendments.
Certificates of
										completion shall be issued and may be revoked or amended as follows:
(1)
										Upon filing of notice of completion of works by the applicant, the Board shall, within sixty (60) days,
										inspect or cause the dam to be inspected. The Executive Director shall approve the issuance of a certificate
										of completion if , based on the certification from the engineer in the Notice of Completion, the dam or
										reservoir is safe to impound water within the limitations prescribed in the certificate. However, no
										certificate of completion shall be issued until receipt of fee for certificate and all invoiced filing and
										inspection fees.
(2) Every certificate of completion issued shall
										contain
the date of approval of plans and specifications for the dam, date construction was completed
										on said dam, and
[82:110.8] any such terms and conditions as the Board may prescribe. The Board may
										revoke any such certificate whenever it is determined that the dam constitutes a danger to life and property.
										Whenever such action is necessary to safeguard life and property, the terms and conditions of any such
										certificate may be amended and a new certificate issued containing the revised terms and
										conditions.
(3)
Certificates of completion of works from
										the . . . 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
[82:110.8]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-1 - Inspections of dams

Current through Vol. 41, No. 20, July 1, 2024
(a)
Oversight vested in Board.
Oversight of the maintenance
										and operation of constructed dams and reservoirs insofar as necessary to safeguard life and property from
										injury by reason of the failure thereof is vested in the Board.
(b)
Periodic inspections.
Except for low hazard potential
										dams, owners are required to have their dams inspected by qualified persons periodically according to a
										schedule prepared by the Board to meet the requirements of paragraphs (1) and (2) of this subsection.
										Periodic inspections of dams shall be according to hazard potential classifications as follows:
(1) High hazard. High hazard potential dams shall be inspected at least
										once annually.
(2) Significant hazard. Significant hazard shall
										be inspected at least once every three years.
(3) Low hazard. Low
										hazard potential dams shall be inspected at least once every five years, which inspection shall be conducted
										by the owner and shall consist of a review of the hazard classification on forms provided by the
										Board.
(4) Significant or high hazard dams in an unsatisfactory
										or poor condition, described in Section 6 of the National Dam Safety Review Board's Guidelines for Updating
										the 2008 National Inventory of Dams (NID), April 2008, as determined by the Board shall be inspected by a
										register Professional Engineer at the expense of the owner at least every six months until such time as the
										deficiencies have been corrected.
(5) Periodic inspections shall
										be conducted by the end of the calendar year indicated by the schedule above.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-2 - Records and reports of owner

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner of a dam or reservoir or his agent
										shall fully and promptly advise the Board by telephone of any sudden or unprecedented flood or unusual or
										alarming circumstances or occurrence affecting the safety of the dam or reservoir. Within ten (10) days after
										such shall flood event or circumstance, the owner or owner's agent shall provide a written report of any
										damages to the dam and of the need to make any repairs.
(b) The
										Board may require owners to keep records of and to report on maintenance, and staffing of any dam or
										reservoir if, in the opinion of the Board, such records and reports are necessary to safeguard life and
										property.
Amended at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-3 - Correction of deficiencies (not creating imminent peril)

Current through Vol. 41, No. 20, July 1, 2024
(a)
When an owner fails, neglects or
										refuses to comply with
the Oklahoma Dam Safety Act, rules of this chapter,
or orders of the
										Board, and there is no imminent peril to the public health or welfare shown
the Board may,
after notice and opportunity for hearing; issue an order requiring such owner to take whatever action
										the Board deems necessary to place the dam in a safe condition, meet the requirements of
the
										Oklahoma Dam Safety Act,
rules of the Board, or the previous orders of the Board
[82:110.10].
(b) Actions which can be ordered
may include
										but are not limited to lowering the level of or removing all water in the reservoir, providing an adequate
										warning to the public downstream, repair or modification of the existing dam after having the appropriate
										application for approval of plans and specifications granted, cease all construction work on a dam, and
										implementation of an appropriate operation and maintenance plan
[82:110.10].
(c) If after such hearing it shall be determined to order such amendments,
										modifications or changes, the owner shall submit, if necessary under
										785:25-5-1, plans and
										specifications for Board approval. Upon approval of the plans and specifications, the Board shall direct the
										time within which such modification, alteration, or construction shall be completed.
(d) In determining whether amendments, modifications or changes are
										necessary to protect life and insure safety of the dam, the Board shall take into consideration the
										possibility that the dam and reservoir might be endangered by overtopping, seepage, settlement, erosion,
										cracking, earth movement, or other conditions which exist in any area in the vicinity of the dam or
										reservoir.
(e) Amendments, modifications or changes may include
										routine maintenance items that do not require plans and specifications, such as removal of trees on an
										earthen embankment, establishing vegetation cover to prevent erosion, or updating a warning and evacuation
										plan, etc. Amendments, modifications or changes may also include alterations or repairs which require
										submittal and approval of plans and specifications, including but not limited to changing the spillway design
										capacity, rebuilding embankments, etc.
Amended at 9 Ok Reg 1675, eff
											  5-11-92; Amended at 10 Ok Reg 3287, eff 6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-4 - Notice and action [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-5 - Correction of deficiencies creating imminent peril

Current through Vol. 41, No. 20, July 1, 2024
(a)
When an owner fails, neglects or
										refuses to comply with
the Oklahoma Dam Safety Act, rules of this chapter,
or orders of the
										Board, and there is an imminent peril to the public health or welfare shown, the Executive Director of the
										Board, or Assistant Director in the absence of the Executive Director, may, without notice or opportunity for
										hearing, issue an emergency order requiring such owner to take actions the Board deems necessary to place the
										dam in a safe condition. Such emergency order shall indicate the finding of imminent peril and shall specify
										the actions that are to be taken immediately. The order shall also specify a time and place for hearing to be
										held after such actions are taken
[82:110.10]. In determining whether an imminent peril to the
										public health or welfare exists, the Board may consider the following:
(1)
										The condition of any dam or reservoir is so dangerous to the safety of life or property as not to permit time
										for the issuance and enforcement of an order after notice and hearing relative to maintenance or operation;
										or
(2) Passing imminent floods threaten the safety of any dam or
										reservoir.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-6 - Request for inspection of dams by other parties

Current through Vol. 41, No. 20, July 1, 2024
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 the works are found to be
											  unsafe the money deposited by such party shall be refunded and the fee for inspection shall be paid by the
											  owner of such works.
[82:105.27]
Amended at 11 Ok Reg 2931, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-7 - Recovery of costs and expenses

Current through Vol. 41, No. 20, July 1, 2024
The costs and expenses incurred by the Board for inspection of any dam
											  found to be unsafe
shall be paid by the owner of such works and if not paid by the owner of the dam
											  within thirty (30) days after the decision of the Board shall be a lien against any property of such owner
											  and be recoverable by the State from the owner by suit instituted by the District Attorney of the county at
											  the request of the Board. Such liens shall be superior in right to all mortgages or encumbrances, except ad
											  valorem tax liens, placed upon the land and the water appurtenant thereto or used in connection
											  therewith.
[82:105.27]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-8 - Emergency repairs

Current through Vol. 41, No. 20, July 1, 2024
(a) If conditions exist which may cause loss of life if repairs are not
										made immediately, emergency repairs may be made by the owner without prior submittal of the plans and
										specifications required under
										785:25-5-1.
(b) The Board shall be notified of the emergency and the repairs to be made
										within 48 hours and plans and specifications shall be furnished to the Board for review as required in
										785:25-5-1 as soon as
										possible.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-9 - Breach analysis for existing dams

Current through Vol. 41, No. 20, July 1, 2024
If an existing dam does not have a breach analysis, and a failure might
											  put lives at risk downstream, then after the next regularly scheduled inspection the Board's Engineer may
											  direct the owner to provide a breach analysis and breach inundation map, utilizing modeling and analysis
											  guidelines provided by the Board, and according to a reasonable schedule of compliance.
Added at 27 Ok Reg 1300, eff
											  5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-10 - Reclassification of the hazard-potential class of a dam

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may reclassify the hazard-potential
										classification of a dam at any time based on an inspection and downstream hazard evaluation.
(b) If the Board determines that the hazard-potential class of a dam should
										be increased to a greater hazard-potential classification, then the Board shall notify the owner of that
										finding and of the upgrade options that are available, and set a reasonable deadline, based on the
										circumstances, for the owner to:
(1) file an application to upgrade the dam
										to meet the requirements for a greater hazard-potential classification; or
(2) seek an individual proceeding to contest the finding: or
(3) perform a breach analysis and inundation mapping or, for existing dams
										that lack a breach analysis, through the use of acceptable mathematical computations applied to the
										downstream area from the dam to a point where the necessary design flood and breach is contained within the
										main stream channel, utilize modeling and analysis guidelines provided by the Board to show the dam should
										not be reclassified to the greater hazard-potential classification.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 9 - Actions After Construction › Section 785:25-9-11 - Upgrading dams due to downstream development

Current through Vol. 41, No. 20, July 1, 2024
(a)
Alternatives.
Instead of
										upgrading the dam using structural methods, an owner may seek to implement alternative methods. Such
										alternative methods shall include but is not limited to the following:
(1) a
										current breach analysis and hydrologic study that demonstrates a lesser hazard-potential classification is
										correct; or
(2) a current breach analysis and design flood
										analyses that demonstrate existing downstream developments would not be adversely affected by more than one
										foot difference between breach and non-breach simulations in the affected area, or records showing the
										downstream development has been dedicated to non-residential and non-commercial use; or
(3) a plan to permanently remove the dam.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 11 - Administrative Penalties and Procedures › Section 785:25-11-1 - Applicability and authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
The Board may impose administrative penalties against owners of
										dams who fail, refuse or neglect to comply with the provisions of the
Oklahoma Dam Safety Act, rules
										of the Board promulgated pursuant to the Oklahoma Dam Safety Act,
and orders of the Board. Such
										administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed
										imposition of such penalties
[82:110.10].
(b)
The notice and opportunity for hearing required by this Section maybe combined with the notice and
										hearing required in
[82:110.10]
										785:25-9-3.
(c) The penalties
shall not exceed Five Hundred Dollars ($500.00)
										per day for each violation
[82:110.10].
(d)
Each
										day a violation continues shall constitute a separate violation
[82:110.10].
Added at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 11 - Administrative Penalties and Procedures › Section 785:25-11-2 - Notice of violation and proposed assessment

Current through Vol. 41, No. 20, July 1, 2024
The notice of proposed assessment of administrative penalties shall
											  inform the respondent of the provisions of the Oklahoma Dam Safety Act or of the rule or order of the Board
											  at issue and the proposed amount of the penalty. A letter, petition, notice of violation, consent order or
											  final order may constitute a notice of proposed assessment for purposes of initiating administrative penalty
											  proceedings if it meets the requirements of this section.
Added at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 11 - Administrative Penalties and Procedures › Section 785:25-11-3 - Determining amount of penalty

Current through Vol. 41, No. 20, July 1, 2024
In setting the administrative penalty amount, the Board may consider the
											  following:
(1) The nature, duration and number of previous instances
										of failure by respondent to comply with requirements of law relating to dam safety and requirements of Board
										rules and orders;
(2) The efforts of the owner to correct
										deficiences or other instances of failure to comply with the requirements of law relating to dam safety and
										requirements of Board rules and orders subject of the proposed penalty;
(3) The cost of carrying out actions required to meet the requirements of
										law and Board rules and orders;
(4) The size and hazard
										classification of the dam;
(5) Other factors deemed appropriate
										by the Board.
Added at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 11 - Administrative Penalties and Procedures › Section 785:25-11-4 - Procedures for penalty assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) The notice of proposed assessment of
										administrative penalties shall specify a time, date and place for a hearing.
(b) Failure of respondent to appear at the hearing shall be deemed to
										constitute an agreement with the imposition of the penalty in the amount proposed as set forth in the notice,
										and proposed findings, conclusions and order shall not be prepared in that instance. The Board and respondent
										may also agree to an informal disposition of the matter. In either situation, the matter shall be presented
										to the Board for consideration of entering a final order assessing the administrative penalty.
(c) The administrative penalty is due and payable immediately upon issuance
										of the final order, unless otherwise provided therein.
(d) If the
										Board believes that violations are continuing after issuance of the administrative penalty order, it may seek
										the issuance of additional orders to assess penalties occurring in the period after issuance of the previous
										assessment orders.
Added at 10 Ok Reg 3287, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 1 - General Provisions › Section 785:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter of the Board's rules sets out the requirements to obtain
											  authority to use fresh groundwater, and details procedures for determining the maximum annual yield of basins
											  and subbasins and for issuing final orders recognizing prior rights to use groundwater.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 1 - General Provisions › Section 785:30-1-3 - Violations and prohibitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Any person who, after notice from the Board, violates, refuses,
										or neglects to comply with any provision of
[82:1020.22] 82 O.S. 1981, §§1020.1 through
										1020.22, as amended or of any rule or regulation pursuant thereto
or who commits waste as defined in
										82 O.S. 1981, §
										1020.15, shall be guilty of a misdemeanor
										and upon conviction shall be fined not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Fifty
										Dollars ($250.00) for each offense.
After notice that he is in violation, any person who
continues to violate and fails to comply within a reasonable length of time is guilty of a separate
										offense for each day the violation continues.
[82:1020.22]
(b) The Board shall not permit any fresh groundwater user to commit waste
										as defined by §1020.15 of Title 82 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 1 - General Provisions › Section 785:30-1-5 - Fees

Current through Vol. 41, No. 20, July 1, 2024
Fees required in filing for groundwater permits and other matters will be
											  charged in accordance with Chapter 5 of this Title.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 1 - General Provisions › Section 785:30-1-6 - Policy and applicability to prior rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
Policy.
It is declared to
										be the public policy of the State of Oklahoma, in the interest of the agricultural stability, domestic,
										municipal, industrial and other beneficial uses, general economy, and health and welfare of the State and its
										citizens, to utilize the groundwater resources of the State, and for that purpose to provide reasonable
										regulations for the allocation for reasonable use based on hydrologic surveys of fresh groundwater basins or
										subbasins to determine a restriction on the production based upon the acres overlying the groundwater basin
										or subbasin.
[82:1020.2]
(b)
Applicability to
										prior rights.
Several provisions of this Chapter apply to prior rights as well as permits to use
										groundwater, which prior rights are determined to exist through proceedings of the Board conducted under
										Subchapter 11 of this Chapter pursuant to Title 82 O.S., Section
										1020.14.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 3 - Permit Application Requirements and Processing › Section 785:30-3-2 - Additional application requirements for enhanced recovery of oil and gas

Current through Vol. 41, No. 20, July 1, 2024
(a) To aid the Board in
										making its determinations, applicants filing for the use of fresh water for enhanced recovery of oil and gas,
										in addition to all other requirements, must furnish the following as part of and at the time of filing the
										application:
(1) A copy of the easements or leases from the surface right
										owners giving the applicant the right to develop and use the fresh groundwater for the recovery
										process;
(2) An estimated schedule of use showing the amount of
										fresh water used each year in the recovery process;
(3) An
										economic study containing the following information:
(A) A detailed analysis
										of the relative cost of obtaining salt water and any other feasible alternative versus the relative cost of
										obtaining fresh water,
(B) Total project costs and the amount of
										oil and gas expected to be recovered and the value expected to be realized,
(C) The estimated value of fresh water for other purposes (purposes or uses
										common to the area or vicinity subject of the application) as measured against the overall estimated value of
										the oil or gas to be recovered,
(D) The additional expense per
										barrel recovered if the applicant is required to use or treat salt water instead of fresh water in the
										recovery process, and
(E) An evaluation of other recovery methods
										or alternatives considered and why recovery requiring the use of fresh water was deemed to be necessary or
										the most feasible.
(4) An inventory of all wells,
										fresh water, salt water, oil, gas, disposal, injection, both active and abandoned, within the boundaries of
										the proposed unitization and within two (2) miles of the outside boundaries of the proposed
										unitization;
(5) The permeability, thickness, and estimated
										porosity of the injection zone; and
(6) Information about reuse
										and recycling the fresh groundwater.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 3 - Permit Application Requirements and Processing › Section 785:30-3-3 - Acceptance of application for filing; when applications deemed withdrawn

Current through Vol. 41, No. 20, July 1, 2024
(a) The date of receipt of an
										application in the office of the Board shall be endorsed thereon and the application noted in the
										records.
(b) If an applicant does not correct an application or
										publish notice as instructed by the Board, and no further proceedings are initiated by the applicant for six
										months or more after last contact with the Board, the application shall be deemed withdrawn. The Board shall
										provide notice to the applicant that the application has been deemed withdrawn.
Amended at 16 Ok Reg 3227, eff
											  7-12-99
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 3 - Permit Application Requirements and Processing › Section 785:30-3-5.1 - Prohibition to issuance or amendment of permit and waiver [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 414, eff 10-22-98
											  (emergency); Added at 16 Ok Reg 3227, eff 7-12-99