reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-1 - Regular permit

Current through Vol. 41, No. 20, July 1, 2024
(a)
A regular permit is an authorization to put groundwater to
										beneficial use for other than domestic purposes.
[82:1020.11(A)]
(b)
The regular permit shall be granted only after completion of
										the hydrologic survey and determination of the maximum annual yield for the appropriate basin or
										subbasin.
[82:1020.11(A)]
(c)
A regular permit
										shall allocate to the applicant his proportionate part of the maximum annual yield of the basin or
										subbasin.
[82:1020.9]
(d)
His proportionate part
										shall be that percentage of the total annual yield of the basin or subbasin previously determined to be the
										maximum annual yield...which is equal to the percentage of the land overlying the fresh groundwater basin or
										subbasin which he owns or leases.
[82:1020.9]
(e)
The permit shall specify the location of the permitted well or wells.
[82:1020.9]
(f)
A regular permit shall not be granted for less than the
										remaining life of the basin or subbasin as previously determined by the Board.
[82:1020.9]
(g)
If the lands dedicated to the application overlie two or more
										groundwater basins
which overlie each other
and both basins have had maximum annual yields
										determined, the amount to be authorized by the regular permit shall be calculated on the basin having the
										greatest maximum annual yield.
[82:1020.9]
(1) If the existing or
										proposed well(s) are completed in both groundwater basins or subbasins, so that the well(s) are capable of
										taking water from both basins or subbasins, the amount to be authorized by the regular permit shall be
										calculated on the basin or subbasin having the greatest maximum annual yield.
(2) If the existing or proposed well(s) are completed in only one of the
										groundwater basins or subbasins, the amount of water authorized by the regular permit shall be calculated on
										the maximum annual yield for that basin or subbasin.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-2 - Temporary permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Temporary permit purposes; procedures for granting.
(1)
A temporary permit is an authorization for the same purposes as
										a regular permit but is granted by the...Board prior to completion of the hydrologic survey and the
										determination of the maximum annual yield of the basin or subbasin and must be revalidated annually during
										its term.
[82:1020.11(B)]
(2)
The procedures
										provided for the granting of regular permits shall be applicable to the granting of temporary...permits
										except that the completion of the hydrologic survey shall not be a condition
										precedent.
[82:1020.10]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-3 - Special permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Special permit purpose.
(1)
A special permit is an authorization by the Board in lieu of or
										in addition to a regular or temporary permit. The special permit is granted to put groundwater to a
										beneficial use which shall require quantities of water in excess of that allocated under a regular or
										temporary permit.
[82:1020.11(C)]
(2)
The water
										so authorized may be used only for the purpose designated in the permit.
[82:1020.11(C)]
(3) The applicant must establish that the lands dedicated to the special
										permit overlie a fresh groundwater basin, are owned or leased by the applicant, and that waste will not
										occur.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-4 - Provisional temporary permits

Current through Vol. 41, No. 20, July 1, 2024
(a) A provisional temporary permit is a
										nonrenewable permit granted by and at the discretion of the Executive Director.
(b) The permit is only effective
for a period not to exceed ninety
										(90) days
[82:1020.10] and is subject to cancellation at any time during its term.
(c) No hearings are held, no application notice or data is published and no
										notice to surface estate owners is required on applications for this type of permit.
(d) The application may be approved and the permit may be issued summarily
										and immediately upon administrative approval where it appears from the verified application and supporting
										material filed therewith that the permit issuance conditions described in 82 O.S. 1981, §§1020.9
										and 1020.11(D) are satisfied and that well spacing distances, as specified in
										785:30-3-6, and other conditions as may be
										required by the Board, are met.
(e) On applications in which the
										applicant is not the surface owner of the lands upon which the water well is to be located, the applicant
										must satisfy the requirements of 82 O.S. 1981, §1020.11(D) and
										785:30-3-1(b).
(f) Provisional temporary permit holders are required to notify the Board
										in writing within thirty (30) days after the expiration of their permit as to the disposition of the well
										covered under the permit.
Amended at 11 Ok Reg 2935, eff
											  6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-4.1 - Limited quantity permits

Current through Vol. 41, No. 20, July 1, 2024
(a) The Executive Director of the Board may
										administratively issue regular, temporary or special permits to use 15 acre-feet or less of groundwater in a
										calendar year or during its term if the term is less than one year [82:1020.10].
(b) Notice of the application shall be given by the applicant to owners of
										land located within six hundred feet (600') or within the applicable well spacing distance (if greater) of
										the boundaries of the ten acre tract within which applicant's wells will be located; or as otherwise directed
										by the Board.
(c) Written comments about the application must be
										filed with the Board within ten (10) days after the date of receipt of notice.
(d) The permit may be issued or denied summarily and immediately after the
										ten (10) day period at the discretion of the Executive Director, provided that the Executive Director may
										require that a hearing on the application be held. After such hearing, the application shall be presented to
										the Board with proposed findings of fact and conclusions of law for consideration.
(e) Limited quantity permits cannot be combined to authorize the use of
										more than a total of 15 acre-feet per year.
Added at 13 Ok Reg 3913, eff 8-7-96
											  (emergency); Added at 14 Ok Reg 2767, eff 7-1-97
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-5 - Contents of permits

Current through Vol. 41, No. 20, July 1, 2024
(a) Every regular, temporary, special, marginal water, and provisional
										temporary permit issued by the Board shall contain substantially the following:
(1) Date of filing.
(2) The
										county or counties in which the well(s) is or are located.
(3)
										The permit number and date issued, which shall be the date the permit is approved by the Board or where
										appropriate, by the Executive Director.
(4) The name and address
										to whom issued.
(5) The amount of water in acre-feet authorized
										to be withdrawn annually.
(6) The purpose for which the water
										will be used and the legal description of the land dedicated to the permit.
(7) The legal description of the well location(s) to the nearest ten (10)
										acre subdivision, or by indicating "center of" when applicable for a larger tract of land.
(8) Groundwater basin(s) or formation(s) from which water is to be
										withdrawn.
(9) If a proposed well is not drilled and completed
										within one (1) year of permit issuance, groundwater will no longer be authorized to be withdrawn from that
										location unless a written request to extend the drilling period is approved by the Executive
										Director.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-6 - Acceptance of permit by permittee

Current through Vol. 41, No. 20, July 1, 2024
Acceptance of the permit shall be an acknowledgement and agreement by the
											  permittee that permittee will comply with all the terms, provisions, limitations, conditions and restrictions
											  contained in such permit.
Amended at 12 Ok Reg 2689, eff
											  7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-7 - Cancellation or suspension of permits

Current through Vol. 41, No. 20, July 1, 2024
(a) Any regular, temporary, marginal water, or
										special permit may be cancelled by the Board upon willful failure of the applicant to report annual usage
										upon proper notice and hearing as provided in the Administrative Procedures Act.
(b) In addition thereto, if any person commits waste as defined in 82 O.S.
										§1020.15,
the Board shall immediately institute action to enjoin in a court of competent
										jurisdiction and may suspend any permit to take water as long as such waste continues.
[82:1020.15]
(c) Any permit for marginal water may be reopened,
										amended, suspended, or cancelled by the Board at any time for failure to comply with the permit terms,
										limitations, or restrictions, or any provision of the relevant statutes or rules, upon proper notice and
										hearing as provided in the Administrative Procedures Act and the Board's rules.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-8 - Voluntary surrender of permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
The Board may accept the surrender of
										groundwater permits by the holder thereof.
[82:1020.13]
(b) Forms for surrender shall be furnished by the Board, and the holder's
										signature thereon shall be notarized.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 5 - Groundwater Permits › Section 785:30-5-9 - Annual reports of water use

Current through Vol. 41, No. 20, July 1, 2024
(a) Water use report forms will be mailed during January of each year to
										every holder of a valid prior right and every regular, marginal water, and temporary permit holder, with the
										exception of persons holding special permits, who must complete same and return to the Board within thirty
										(30) days of receipt.
(b) This report shall become a part of each
										permit record.
(c)
Willful failure to report annual usage
										may result in cancellation of the permit
. [82:1020.12]
(d) Holders of special permits are required to complete and return a water
										use report within thirty (30) days after expiration of such permit. Holders of provisional temporary permits
										will not be required to complete and return a water use report.
Amended at 12 Ok Reg 2689, eff
											  7-1-95; Amended at 13 Ok Reg 2869, eff 7-1-96
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-1 - Adding or changing uses, or increasing the amount of water allocated to a permit

Current through Vol. 41, No. 20, July 1, 2024
(a) Adding or
										changing a use, or increasing the amount of water allocated to a permit.
(1) The permittee may add a use or change a use from that specified in the
										permit upon approval of such addition or change by the Board. The permittee may increase the amount of water
										authorized by an existing permit for lands already dedicated to that permit upon approval of such addition by
										the Board.
(2) Petitions for such addition or change shall be
										made in writing.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-2 - Adding or changing location of use

Current through Vol. 41, No. 20, July 1, 2024
(a) The prior right holder or permittee may add
										or change a location of use from that specified in the prior right or permit upon approval of such addition
										or change by the Board.
(b) Requests for such addition or change
										shall be made in writing.
(c) Notice as required in
										785:30-3-4 shall not be required unless
										otherwise determined by the Board.
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 7 - Amendments to Groundwater Rights › Section 785:30-7-3 - Change of well location [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-4 - Adding or replacing a well for the purpose of exercising prior rights or existing permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Additional wells.
(1)
										The holder of a permit or prior right may make a written petition to the Board for approval of an additional
										well(s) where such well(s) is or are necessary in order to withdraw the amount authorized by the existing
										permit. If ownership of the land, permit or prior right changes after the petition is filed, the petitioner
										must promptly notify the Board and notice of such change may be required.
(2) The petition shall be filed prior to drilling the well(s) on forms
										provided by the Board and shall be accompanied by a map or plat (see APPENDIX A of this Chapter). The
										additional well(s) must be located on lands dedicated to a permit to take and use groundwater from the same
										groundwater basin, be drilled and used to prevent waste and meet applicable well spacing requirements or
										location exceptions.
(3) The Executive Director shall approve
										the petition, provided:
(A) That the new well location meets established
										well spacing or is not closer than one-thousand three hundred twenty feet (1320') from lands owned by another
										if well spacing is not applicable; or
(B) That, if well spacing
										is not applicable, there is submitted a written statement from each surface estate owner owning land closer
										than one-thousand three hundred twenty feet (1320') from the well requested to be authorized, stating that he
										or she has no objection to the new well location.
(4)
										If one of the above enumerated conditions cannot be met, the permittee must give notice as set forth in
										785:30-3-4 regarding each additional proposed well. If a
										protest is received, the Board shall schedule a hearing and notify the applicant and protestant of such
										hearing. Even if no protest is received, the petitioner shall be given opportunity for hearing if the
										petition cannot be recommended for approval to the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-5 - Dedicating additional land and groundwater to an existing permit

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may approve a
										petition by the holder of an existing permit issued after July 1, 1973 to amend the permit by dedicating
										additional land and groundwater, and increasing the amount of water authorized to be withdrawn under the
										permit, provided that the additional land must overlie the same groundwater basin or subbasin from which
										groundwater is withdrawn under the existing permit and any new wells on the added lands must withdraw
										groundwater from the same groundwater basin.
(b) The permit
										holder shall give notice of such petition as set forth in
										785:30-3-4.
(c)
Upon receipt of a protest which meets the requirements
										of
Section
										785:4-5-4,
the Board shall schedule a hearing on the
petition
and notify the
petitioner
and protestant of such hearing.
[82:1020.8] Any interested person shall have the
										right to protest such petition and present evidence and testimony in support of such protest. Even if no
										protest is received, the petitioner shall be given opportunity for hearing if the petition cannot be
										recommended for approval to the Board.
(d) Such protests shall be
										made in accordance with Chapter 4 of this Title.
(e) Action by
										the Board shall be in accordance with
										785:30-3-5.
Amended at 11 Ok Reg 2935, eff
											  6-13-94; Amended at 13 Ok Reg 2869, eff 7-1-96; 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 7 - Amendments to Groundwater Rights › Section 785:30-7-6 - Change of address

Current through Vol. 41, No. 20, July 1, 2024
When the owner of a water right makes a change in his mailing address, he
											  or his agent shall notify the Board in writing of the new address and shall reference his water right
											  number(s).
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-7 - Transfer of groundwater rights

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon transfer of groundwater rights, the new
										owner shall provide a notarized statement or other evidence deemed necessary to the Board of the transfer and
										change of address and submit the transfer fee as specified in Chapter 5 of this Title. If notification is
										made by the previous owner, the Board shall advise the new owner of the transfer procedure, and he shall then
										have thirty (30) days to submit the transfer fee and notarized statement or other evidence of the transfer,
										or the water right or permit, as the case may be, will be subject to cancellation.
(b) Upon transferring a portion of groundwater rights, the new owner shall
										notify the Board of the transfer and change of address and submit evidence of such transfer and the transfer
										fee as specified in Chapter 5 of this Title. Unless the parties to the transfer submit specific evidence
										establishing their respective rights to the groundwater, the existing groundwater right will be divided
										proportionately based on the amount of the land relied on to establish a prior right or dedicated to a permit
										and transferred to the new owner. If the groundwater right authorizes more than one purpose, the amounts for
										each purpose will be adjusted proportionately, unless the parties have specified otherwise. The original
										groundwater right number with additional designations will be used to identify the files.
Amended at 11 Ok Reg 2935, eff
											  6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-8 - Consolidation of permits

Current through Vol. 41, No. 20, July 1, 2024
(a) Permits to use groundwater can be consolidated for annual use reporting
										purposes only and under the following circumstances:
(1) The permittee
										files a written application to consolidate with proper fee;
(2)
										Consolidation will facilitate the reporting of groundwater use;
(3) The permits are of the same class and are held by the same
										owner;
(4) The lands dedicated to the permits overlie the same
										groundwater basin;
(5) The number of wells and withdrawal rate of
										the wells authorized under the permits will not be changed;
(6)
										The lands dedicated to the permits are within the same county.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 7 - Amendments to Groundwater Rights › Section 785:30-7-9 - Change of basin or subbasin for proposed or existing well(s)

Current through Vol. 41, No. 20, July 1, 2024
(a) The permittee may petition to
										change the groundwater basin or subbasin indicated on the permit from which the authorized well(s) will
										withdraw groundwater. Such requests must be for all well(s) authorized by the permit.
(b) The petition shall be filed prior to drilling the proposed well(s) or
										deepening the existing well(s).
(c) Notice of the petition as
										specified in
										785:30-3-4 must be given.
Added at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-1 - Hydrologic surveys and investigations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prior to making orders establishing
										the tentative maximum annual yield for major groundwater basins or subbasins therein,
the Board
shall make hydrologic surveys and investigations. The Board is authorized to cooperate with state and
										federal agencies engaged in similar surveys and investigations and may accept and use the findings of such
										agencies.
[82:1020.4]
(b)
Prior to making orders
										establishing the tentative maximum annual yield for minor groundwater basins or subbasins therein, the Board
										shall prepare reports using information from hydrologic surveys and investigations of groundwater basins or
										subbasins having substantially the same geological and hydrological characteristics and data from wells in
										such basin or subbasins and other relevant information.
[82:1020.4]
Amended at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-2 - Determination of maximum annual yield

Current through Vol. 41, No. 20, July 1, 2024
(a)
After completing the hydrologic
										survey, the Board shall make a tentative determination of the maximum annual yield of groundwater to be
										produced from each major groundwater basin or subbasin therein. Such determination
shall
be
										based upon the following:
(1)
The total land area
										overlying the basin or subbasin;
(2)
The amount
										of water in storage in the basin or subbasin
at the time of the survey or investigation;
(3)
The rate of recharge to the basin or subbasin and total
										discharge from the basin or subbasin
the time of the survey or investigation;
(4)
Transmissibility or transmissivity of the basin or subbasin;
										and
(5)
The possibility of pollution of the
										basin or subbasin from natural sources.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-3 - Annual yield hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Once the Board has set a tentative maximum annual yield for the
										groundwater basin or subbasin, the Board shall call and hold hearings at centrally located places within the
										area of the major groundwater basin or subbasin or in the county for minor groundwater basins or
										subbasins
[82:1020.6] if such hearings are requested.
(b) Copies of the order and notices of the tentative determination and how
										to formally request a hearing shall be mailed by first class mail or post card to the address of record of
										all holders of permits to use groundwater from the basin or subbasin subject of the yield
										proceedings.
(c)
Notice of
the tentative
										determination and how to formally request a hearing on the tentative order
such hearings shall be
										published in a newspaper of general circulation in each county having lands that overlie the basin or
										subbasin. The notice shall be published at least once per week for two (2) consecutive weeks and the last
										publication shall be at least thirty (30) days prior to the date of the hearing
if a hearing is
										requested and held.
Notice and hearing on the tentative determination of the maximum annual yield for
										minor groundwater basins or subbasins may be consolidated.
[82:1020.11(B)] Notice of the tentative
										determination and how to formally request a hearing on the tentative order may also be published in the
										Oklahoma Water News, the periodic newsletter of the Board.
(d)
										Such hearings, if requested, will be held in accordance with the Administrative Procedures Act and Chapter 4
										of this Title.
(e)
Prior to such hearings being held, the
										Board shall make copies of such hydrologic survey available for inspection and examination by all interested
										persons and, at such hearings, shall present evidence of the geological findings and determinations upon
										which the tentative maximum annual yield has been based.
(f)
Any interested party shall have the right to present evidence
										in support or opposition thereto.
[82:1020.6]
Amended at 11 Ok Reg 2935, eff
											  6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 13 Ok Reg 2869, eff
											  7-1-96
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-4 - Final determination as to the maximum annual yield to be allocated

Current through Vol. 41, No. 20, July 1, 2024
(a)
After hearings
										are completed,
but no longer than one (1) year after the tentative order has been approved unless
										otherwise deemed necessary by the Board,
the Board shall then proceed to make its final determination
										as to the maximum annual yield of groundwater which shall be allocated to each acre of land overlying such
										basin or subbasin by issuing a final order containing findings of fact and conclusions of law, which order
										shall be subject to judicial review pursuant to Article II of the Administrative Procedures Act.
[82:1020.4(C)]
(b) Determinations of maximum annual yields are
										not rules, rulemaking procedures of the APA are not followed; and the declaratory judgment provision of the
										APA is inapplicable.
Amended at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-5 - Updating hydrologic surveys

Current through Vol. 41, No. 20, July 1, 2024
The Board shall
review and update, if necessary, the hydrologic
											  surveys...at least every twenty (20) years after issuance of the final order determining the maximum annual
											  yield.
[82:1020.4]
Amended at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 9 - Maximum Annual Yield Determinations › Section 785:30-9-6 - Issuance of regular permit to temporary permit holder

Current through Vol. 41, No. 20, July 1, 2024
(a) As soon as practical after the maximum
										annual yield and equal proportionate share have been determined for a groundwater basin or subbasin, the
										Board shall issue a regular permit to each holder of a temporary permit to use groundwater from said
										basin.
(b) In issuing these regular permits, the Board shall
										notify the temporary permit holder by first class mail that his equal proportionate share of the basin or
										subbasin has been determined, that a regular permit has been issued to him based on this allocation, and that
										his temporary permit has lapsed. A copy of the regular permit shall be included with this
										notification.
(c) If the temporary permit listed more than one
										purpose and amounts for each, and the equal proportionate share is less than the total allocated by the
										temporary permit, the amounts for each purpose will be adjusted proportionately in a ratio equal to the
										amount for each purpose and the total under the temporary permit.
(1) A
										request to adjust amounts may thereafter be granted without notice and hearing, provided that the maximum
										amount for any one of the purposes cannot be greater than the amount allocated for that purpose in the
										temporary permit.
(2) Such request must be filed within 30 days
										of receipt of the regular permit.
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 785:30-11-2 - Procedure for determining prior rights to groundwater

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) In determining prior rights to groundwater the Board shall make use of
										all data available to it.
(2) Such data shall include, but shall
										not be limited to, the names and last known mailing address of all applicants or claimants for the use of
										groundwater of record with the Board, including application number and date thereof, the legal description of
										the location of the well or wells and place of use, the quantity of water applied for or claimed in gallons
										or acre-feet per year, purposes of use, and amount of water actually put to beneficial use each
										year.
(3) Such information shall be compiled and made a matter of
										record in the office of the Board.
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 785:30-11-3 - Actions after prior rights are determined

Current through Vol. 41, No. 20, July 1, 2024
(a)
Creation of file.
Claimants
										granted a prior right based on beneficial use with no application on file will have a file created by the
										Board which will contain all pertinent data presented at the public hearing and that portion of the final
										order which determined their prior right. Prior rights files created by the Board based on beneficial use
										will be given a number at the end of the year for the earliest priority date.
(b)
Priority of prior rights.
All prior rights based on the
										criteria in
										785:30-11-2
										shall have priority over any rights acquired subsequent to July 1, 1973, the effective date of the Ground
										Water Act. They shall have priorities among themselves according to the date of taking for those based on
										actual taking and according to the date of filing of the application where based on an application.
(c)
Exercise of prior rights.
(1) The prior rights determined by the procedures in this subchapter shall
										be exercised only through wells located within that segment of land relied upon for perfection of the right
										and which was leased or owned by the right holder on the date of the priority of the right.
(2) Application for an additional or replacement well(s) to exercise an
										established prior right, must be made in the same manner and procedure as in
										785:30-7-4.
(3) Application for adding or changing uses to exercise an established
										prior right, must be made in the same manner and procedure as in
										785:30-7-1.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-1 - Domestic use of groundwater

Current through Vol. 41, No. 20, July 1, 2024
Any landowner has a right to take groundwater from land owned by
											  him for domestic use as defined herein without a permit. Wells for domestic use are not subject to well
											  spacing orders but are subject to sanctions against waste.
[82:1020.3] If the well is located within
											  a municipality, the landowner may be required to obtain a municipal permit.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-2 - Taking, using, or disposal of salt water and water trapped in producing mines

Current through Vol. 41, No. 20, July 1, 2024
These rules and regulations
shall not apply to the taking, using
											  or disposal of salt water associated with the exploration, production, or recovery of oil and gas or to the
											  taking, using, or disposal of water trapped in producing mines.
[82:1020.2]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-3 - Metering of wells

Current through Vol. 41, No. 20, July 1, 2024
(a)
Upon request of a majority of the landowners residing within a
										basin or subbasin, the Board is authorized to require that water wells be metered and that such meters as the
										Board shall approve be utilized by the applicant and placed under seal, subject to reading by the agents of
										the Board at any time.
(b) The Board
may also
										require that the applicant report the reading of such meters at reasonable intervals.
[82:1020.19]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-4 - Unitizing and communitizing of land for water production purposes

Current through Vol. 41, No. 20, July 1, 2024
The owners of land and the Commissioners of the Land Office are
											  authorized to unitize and communitize lands for the purpose of production of water therefrom, provided the
											  production therefrom does not exceed the maximum annual yield.
[82:1020.20]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-5 - Allocation of municipal water

Current through Vol. 41, No. 20, July 1, 2024
(a) Allocation of all municipal water from
										beneath lands which are either inside or outside the corporate municipal limits shall be governed by 82 O.S.
										1981, §§1020.1 et seq., as amended.
(b) When a
										municipality elects to invoke the provisions of §1020.21 (allocation of water from beneath platted
										lands), its allocation shall be based upon the amount of acres dedicated to the application which are platted
										and subdivided into lots within the corporate municipal limits and which overlie the basin or
										subbasin
(c) The Board shall issue the permit if the following
										additional conditions can be met:
(1) The municipality shall make water
										reasonably accessible and available to residents on the platted lands dedicated to the application.
(2) The wells are or will be located not less than six hundred (600) feet
										within the municipal limits.
(3) The wells are or will be on the
										platted land dedicated to the application, provided that the municipality demonstrates that it owns or
										otherwise has valid authority to place the wells on the land where the wells are or will be
										located.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-6 - Drilling of wells within municipalities

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board has jurisdiction of all wells other
										than domestic wells within corporate municipal limits.
(b)
										Municipalities have the authority to regulate and/or permit the drilling of such domestic wells within
										corporate municipal limits.
(c) The Board and municipalities have
										concurrent jurisdiction to regulate and/or permit industrial wells within the corporate municipal
										limits.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-7 - Dewatering a portion of a groundwater basin or subbasin for purposes of construction

Current through Vol. 41, No. 20, July 1, 2024
(a)
										Dewatering of a portion of a groundwater basin or subbasin for the purpose of construction is not necessarily
										considered either a beneficial or wasteful use of groundwater, but is a temporary necessity to be justified
										by the benefits accrued from its utilization, and as such does not require the issuance of a permit from the
										Board.
(b) If a written complaint is received by the Board
										concerning dewatering of a portion of a groundwater, basin or subbasin, such action is subject to
										investigation and review by the Board to insure that the best management practices are being utilized to
										prevent waste and/or pollution of fresh groundwaters.
(c) When
										permanent dewatering is proposed, a groundwater permit for such activity will be required if the dewatering
										may result in lowering the historic static water table under immediately adjacent lands.
(d) Water withdrawn in such a permanent dewatering process must be returned
										to the groundwater basin or subbasin from which it was drawn unless such water would otherwise naturally
										discharge into a stream on the property where the dewatering is taking place.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-8 - Artificial recharge requirements

Current through Vol. 41, No. 20, July 1, 2024
The artificial recharge of a groundwater basin or subbasin must be done
											  in compliance with
											  785:30-1-3(b) to
											  prevent pollution and/or waste of water. Other than for domestic use, the use of water for this purpose
											  requires a permit.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 13 - Miscellaneous Provisions › Section 785:30-13-9 - Reclaiming and cleaning up groundwater

Current through Vol. 41, No. 20, July 1, 2024
(a) If a person plans to withdraw groundwater
										containing wastes for the sole purpose of reclaiming and/or cleaning up pollution, no permit shall be
										required.
(b) If the applicant proposes to use the reclaimed and
										treated groundwater, an appropriate permit to use groundwater shall be required.
Amended at 11 Ok Reg 2935, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 15 - Water Trapped in Producing Mines › Part 1 - GENERAL PROVISIONS › Section 785:30-15-1 - Purpose, scope and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter establishes rules for the
											  taking, using and disposal of water trapped in producing mines that overlie a Sensitive Basin and that are
											  not otherwise exempt from this Subchapter as provided in 82 O.S. 1020.2 and this Subchapter. Among other
											  things, this Subchapter provides a framework to protect groundwater in a Sensitive Basin by gathering data
											  from mines through monitoring and periodic reporting of groundwater disposition, and if the data shows a mine
											  with a preexisting exemption is dewatering such a basin more than its share, then the mine loses its
											  exemption unless it can demonstrate that such dewatering satisfies certain criteria.
(b) This Subchapter shall not apply to the taking, using, or disposal of
											  salt water associated with the exploration, production or recovery of oil and gas. [82 O.S. §
										1020.2(B)
											  ] This Subchapter shall not apply to the taking, using, or disposal of water trapped in producing mines
											  outside of a [82 O.S. §
										1020.2(B)
											  ] Sensitive Basin.
(c) This Subchapter shall not apply to the
											  taking, using or disposal of water trapped in [82 O.S. 1020.2(C)] a producing mine:
(1) that overlies a Sensitive Basin; and
(2) that satisfies one or more of the following tests:
(A) a permit that authorizes mining operations or activities for the mine
											  was issued by the ODOM on or before August 1, 2011;
(B) the mine
											  operator filed an initial application for a permit for the mine with the ODOM on or before August 1, 2011; or
(C) a revision to the permit for the mine is approved by the
											  ODOM; and
(3) for which the operator maintains the
											  exemption as provided in
											  785:30-15-4.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 15 - Water Trapped in Producing Mines › Part 1 - GENERAL PROVISIONS › Section 785:30-15-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter, shall
													 have the following meaning, unless the context clearly indicates otherwise:
"50% exceedance"
means the median of mean daily
													 flows.
"Act"
means Enrolled Senate Bill No. 597 enacted by
													 the First Regular Session of the 53rd Oklahoma Legislature, published at Chapter 374, Okla. Sess. Laws 2011
													 and codified primarily at 82 O.S. §
										1020.2.
"Augmentation"
means the beneficial discharge of water
													 into a stream emanating from a Sensitive Basin or into a location where it is likely to flow or percolate
													 into a Sensitive Basin.
"Consumptive use"
means diversion of water from a mine
													 pit that is not returned to the groundwater basin or subbasin, or to a mine pit or holding basin, or to a
													 definite stream, or to the land surface from which surface runoff flows into a mine pit. The term
													 "consumptive use" includes the estimated moisture content driven off or carried away with mined material
													 transported off the mining site, plus the amount of evaporation from the mine pit that exceeds the amount of
													 direct precipitation and surface runoff into the mine pit, plus any amounts for other proposed beneficial
													 uses off the mining site. [82 O.S. §
										1020.2(F)
													 ]
"Groundwater augmentation basin"
means an unlined pond
													 or dedicated recharge structure used to allow water to infiltrate or recharge into a Sensitive Basin.
"Management Plan"
means a site-specific water
													 management and conservation plan that satisfies the provisions of
													 785:30-15-6.
"MEPS"
means Mine's Equal Proportionate Share.
"Mine's Equal Proportionate Share"
means the amount
													 equivalent to the Sensitive Basin's equal proportionate share that is or would otherwise be allocated to the
													 mine owner or operator for groundwater rights owned or leased by the owner or operator.
"ODOM"
means the Oklahoma Department of Mines.
"Preexisting exemption"
means an exemption from the
													 provisions of the Act and this Subchapter as provided in 82 O.S. §
										1020.2(C)
													 and 785 :30-15-1(c).
"Pit water"
means groundwater trapped or collecting in
													 a producing mine pit that emanates from a Sensitive Basin.
"Sensitive Basin"
means a sensitive sole source
													 groundwater basin or subbasin.
"USGS"
means the United States Geological Survey.
Added at 30 Ok Reg 884, eff
															6-13-13
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 15 - Water Trapped in Producing Mines › Part 3 - MINES WITH AND WITHOUT EXEMPTIONS › Section 785:30-15-3 - Mines with no exemption

Current through Vol. 41, No. 20, July 1, 2024
(a) The taking, use or disposal of pit water by
											  an operator of a mine that does not have an exemption as provided in 82 O.S. §
										1020.2(B)
											  and 785 :30-15-1(b) nor a preexisting exemption shall be in accordance with the provisions of this
											  Subchapter.
(b) The taking, use or disposal of pit water in an
											  amount less than five (5) acre feet per year, or by a mine with a limited use permit from the ODOM, shall be
											  exempt from this Subchapter as provided in 82 O.S. §
										1020.2(D)(2).
(c) The operator of a mine in a Sensitive Basin that does not
											  have a preexisting exemption shall:
(1) develop a Management Plan that
											  meets the requirements of Section
											  785:30-15-6, and
(2) make quarterly and annual reports to the Board of the information
											  described in Section
											  785:30-15-6(a)(7) on or
											  before the deadlines provided by 82 O.S. §
											1020.2(E)(1).
											  The reports shall be in a form prescribed by the Board or other format satisfactory to the Board,
											  and
(3) make application to and obtain a groundwater use permit
											  from the Board prior to any taking, use or disposal of pit water.