Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 1 - General Provisions › Section 785:30-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the
											  following meaning, unless the context clearly indicates otherwise:
"Agricultural use"
means water used for livestock, poultry,
											  fish farms, fish hatcheries, veterinary services, feed lots, etc. (see also "Irrigation use").
"APA"
means and refers to the Oklahoma Administrative
											  Procedures Act set forth in 75 O.S., §§301 et seq., as amended.
"Application"
means a formal request to the Board and the
											  first step required by law to acquire the right to perform or engage in activities regulated by the Board.
"Artificial recharge"
means any man-made process
											  specifically designed for the primary purpose of increasing the amount of water entering into a groundwater
											  basin or subbasin.
"Beneficial use"
means the use of such quantity of stream or
											  groundwater when reasonable intelligence and reasonable diligence are exercised in its application for a
											  lawful purpose and as is economically necessary for that purpose. Beneficial uses include but are not limited
											  to municipal, industrial, agricultural, irrigation, recreation, fish and wildlife, etc.
"Board"
means the Oklahoma Water Resources Board authorized
											  by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set
											  forth by law or, duties authorized by law to be delegated to the Executive Director, or any employee or agent
											  or staff member thereof as assigned by the Executive Director.
"Commercial use"
means use which includes but is not limited
											  to water for businesses, industrial parks, laundries, cafes, motels/hotels, institutions, food processing and
											  water used in the transportation of metal ores and non-metals by pipelines.
"Dedicated land"
means the tract or tracts of land which the
											  applicant owns, leases, or from which the applicant holds a valid right to withdraw groundwater and which is
											  listed in the application and used to calculate the amount of groundwater requested.
"Definite stream"
means a
watercourse in a definite,
											  natural channel, with defined beds and banks, originating from a definite source or sources of supply. The
											  stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply
											  in the area.
[82:105.1(A)]
"Domestic use"
means the use of water by a natural
											  individual or by a family or household for household purposes, for farm and domestic animals up to the normal
											  grazing capacity of the land whether or not the animals are actually owned by such natural individual or
											  family, and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of
											  gardens, orchards, and lawns [82:1020.1(2)]. Domestic use also includes:
(1) the use of water for agriculture purposes by natural individuals,
(2) use of water for fire protection, and
(3) the use of water by non-household entities for drinking water
											  purposes, restroom use, and the watering of lawns, provided that the amount of groundwater used for any such
											  purposes does not exceed five acre-feet per year.
"Enhanced recovery of oil and gas"
means a long-term process
											  using fresh water to recover substantial quantities of additional oil or gas which would not be recoverable
											  under ordinary primary methods or under short-term stimulation techniques. This definition applies to all
											  non-primary forms of oil and gas recovery including but not limited to secondary, tertiary, or other enhanced
											  recovery operations.
"Equal proportionate part or share"
means the maximum annual
											  yield of water from a groundwater basin or subbasin which shall be allocated to each acre of land overlying
											  such basin or subbasin. It shall be that percentage of the maximum annual yield, determined as provided by 82
											  O.S., §1020.5 and 785:30-9-2 which is equal to the percentage of the land
											  overlying the fresh groundwater basin or subbasin which is owned or leased by an applicant for a regular
											  permit.
"Fresh water"
means
water which has less than five
											  thousand (5,000) parts per million total dissolved solids. All other water is salt water.
[82:1020.1(7)]
"Groundwater"
means
fresh
and
											  marginal water
under the surface of the earth regardless of the geologic structure in which
											  it is standing or moving outside the cut bank of any definite stream.
[82:1020.1(1)]
"Groundwater basin"
means
a distinct underground
											  body of water overlain by contiguous land having substantially the same geological and hydrological
											  characteristics and yield capabilities.
[82:1020.1(3)] The area boundaries of a major or minor basin
											  can be determined by political boundaries, geological, hydrological, or other reasonable physical boundaries.
"Groundwater subbasin"
means
a subdivision of a
											  major or minor groundwater basin overlain by contiguous land and having substantially the same geological and
											  hydrological characteristics and yield capabilities.
[82:1020.1(4)] Examples are a lateral or
											  vertical subdivision of a groundwater basin delineated by either physical or political boundaries. Physical
											  boundaries would be different in geological, hydrological or yield capabilities; bedrock; faults; low
											  permeability zones or limits of pressure areas, etc. Political boundaries would be irrigation districts,
											  planning districts, counties, city limits, etc.
"Industrial use"
means the use of water in processes
											  designed to convert materials of a lower order of value into forms having greater usability and commercial
											  value.
"Irrigation use"
means use of water for the production of
											  food, fiber, crops, timber, fruits, nuts; and water applied to pastures, fields, landscaping, horticulture
											  services, and golf courses.
"Life of a groundwater basin or subbasin"
means that period
											  of time during which at least fifty (50) percent of the total overlying land of the basin or subbasin will
											  retain a saturated thickness allowing pumping of the maximum annual yield for a minimum twenty (20) year life
											  of such basin or subbasin, provided that after July 1, 1994, the average saturated thickness will be
											  calculated to be maintained at five feet (5') for alluvium and terrace aquifers and fifteen feet (15') for
											  bedrock aquifers unless otherwise determined by the Board; provided further that after July 1, 1994, whether
											  fifty (50) percent of the total overlying land of the basin or subbasin retains a saturated thickness
											  allowing pumping for a minimum twenty (20) year life of the basin or subbasin need not be considered by the
											  Board.
"Major groundwater basin"
means a distinct
											  underground body of water overlain by contiguous land and having substantially the same geological and
											  hydrological characteristics and from which groundwater wells yield at least fifty (50) gallons per minute on
											  the average basinwide if from a bedrock aquifer and at least one hundred fifty (150) gallons per minute on
											  the average basinwide if from an alluvium and terrace aquifer, or as otherwise designated by the
											  Board.
[82:1020.1(3)]
"Marginal Water"
means water which has at least five
											  thousand (5,000) and less than ten thousand (10,000) parts per million total dissolved solids.
"Maximum annual yield"
means a determination by the Board of
											  the total amount of fresh groundwater that can be produced from each basin or subbasin allowing a minimum
											  twenty (20) year life of such basin or subbasin.
"Mining use"
means any use wherein the water is applied to
											  mining processes including but not limited to oil and gas recovery operations, for drilling and reworking
											  wells, and for conducting oil and gas field operations.
"Minor groundwater basin"
means a distinct
											  underground body of water overlain by contiguous land and having substantially the same geological and
											  hydrological characteristics and which is not a major groundwater basin.
[82:1020.1(9)]
"Municipal and rural water use"
means the use of water by a
											  municipality, rural water district, water corporation, or community for the promotion and protection of
											  safety, health and comfort, distribution to natural persons for the maintenance of life and property, public
											  and private business pursuits, and the furtherance of all generally recognized municipal purposes, except
											  large recreational uses such as lakes unless in conjunction with other uses.
"Natural recharge"
means all flow of water into a
											  groundwater basin or subbasin by natural processes including percolation from irrigation.
"Notice by publication"
means unless otherwise specifically
											  provided, publication in a daily or weekly newspaper of general circulation once a week for two (2)
											  consecutive weeks (minimum seven day interval).
"Party or interested party"
means
a person or agency
											  named and participating, or properly seeking and entitled by law to participate,
[75:250.3(7)] in
											  hearings other than hearings on Board rules, regulations and standards.
"Permittee"
means the person to whom a permit to use water
											  has been issued by the Board or the person to whom such permit has been duly and properly transferred under
											  Board rules.
"Person"
means any individual, firm, partnership,
											  association, corporation, business or public trust, federal agency, state agency, the State or any political
											  subdivision thereof, municipalities, and any other duly constituted legal entity.
"Power use"
means water used for power generation,
											  including, but not limited to, fossil-fueled electric power generation.
"Prior groundwater right"
means the right to use ground
											  water established by compliance with the laws in effect prior to July 1, 1973, the effective date of the
											  Groundwater Act, and determined pursuant to 82 O.S., §1020.14 and Subchapter 11 of this Chapter.
"Public water supply"
means the use of water for drinking
											  water purposes by housing developments, trailer parks, churches, schools, etc., other than water used for
											  "municipal and rural water use."
"Recreation, fish and wildlife use"
means use which includes
											  but is not limited to the use of water for swimming, water skiing, boating, fishing, hunting or other forms
											  of water recreation, and water for fish and wildlife conservation.
"Salt water"
means any water containing more than five
											  thousand (5,000) parts per million total dissolved solids.
"Sensitive sole source groundwater basin or subbasin"
means a major groundwater basin or subbasin all or a portion of which has been designated as
											  a
"
Sole Source Aquifer
"
by the United States
											  Environmental Protection Agency,
and includes
any portion of an contiguous aquifer located
											  within five (5) miles of the known areal extent of the surface outcrop of the sensitive sole source
											  groundwater basin
[82:1020.9A].
"Special use"
means and includes but is not limited to the
											  use of groundwater for groundwater heat pump systems or artificially recharging a groundwater basin or
											  subbasin.
"Total discharge from the basin or subbasin"
means and shall
											  include but may not be limited to the amount of fresh groundwater withdrawn and placed to beneficial use
											  prior to July 1, 1973, which amount shall be determined from the applicable final orders of the Board
											  determining prior groundwater rights.
"Waste by depletion"
means unauthorized use of wells or
											  groundwater;
[d]rilling a well, taking, or using fresh groundwater without a permit, except for
											  domestic use; [t]aking more fresh groundwater than is authorized by the permit; [t]aking or using fresh
											  groundwater in any manner so that the water is lost for beneficial use; [t]ransporting fresh groundwater from
											  a well to the place of use in such a manner than there is an excessive loss in transit; [u]sing fresh
											  groundwater to reach a pervious stratum and be lost into cavernous or otherwise pervious materials
											  encountered in a well ... drilling wells and producing fresh groundwater therefrom except in accordance with
											  the well spacing previously determined by the Board;
[82:1020.15(A)] or
[u]sing fresh
											  groundwater for air conditioning or cooling purposes without providing facilities to aerate and reuse such
											  water
[82:1020.15(A)].
"Waste by pollution"
means
[p]ermitting or causing
											  the pollution of a fresh water strata or basin through any act which will permit fresh groundwater polluted
											  by minerals or other waste to filter or otherwise intrude into such a basin or subbasin ...
or
[f]ailure to properly plug abandoned fresh water wells in accordance with rules of the Board and file
											  reports thereof
[82:1020.15(A)].
"Water right"
means a right to the use of stream or
											  groundwater for beneficial purposes.
"Water supply"
means a natural body of water, whether static
											  or moving either on or under the surface of the ground, or in a man-made reservoir, available for beneficial
											  use on a reasonably dependable basis.
"Well"
means any type of excavation for the purpose of
											  obtaining groundwater or to monitor or observe conditions under the surface of the earth but does not include
											  oil and gas wells.
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; Amended at 14 Ok Reg
											  2767, eff 7-1-97; Amended at 16 Ok Reg 412, eff 10-22-98 (emergency); Amended at 16 Ok Reg 3227, eff 7-12-99;
											  Amended at 19 Ok Reg 2481, eff 6-27-02; Amended at 21 Ok Reg 2626, eff 7-1-04; Amended at 25 Ok Reg 1441, eff
											  5-27-08