reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 5 - Notice, Hearings and Board Actions › Section 785:20-5-7 - Denial of permit and amended application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Denial of permit and
										notification.
If the Board finds from the evidence presented that the applicant has failed to meet the
										requirements of 82 O.S. 1981, §105.12 and
										785:20-5-4, the
										permit shall be denied and the applicant shall be notified of the rejection.
(b)
Denial of permit on basis of no unappropriated water available;
										amended application.
If the Board denies a permit on the basis that no unappropriated water is
										available in the amount applied for, but
[82:105.14] finds that water is available in a lesser
										amount and that the other requirements of
										785:20-5-4 were
										complied with, the applicant shall be notified of the amount that is available. The applicant may amend the
										application previously filed and apply for said lesser amount.
Such amendment shall not be deemed a
										waiver of the right of applicant to appeal from the Board's action in denying the permit on the original
										application.
Such amended application shall be returned to the Board
by certified mail no
										later than fifteen (15) days after receipt of the notice of denial...by the Board. Upon receipt of the
										amended application, the Board shall approve the application for the lesser amount at its next regularly
										scheduled meeting.
[82:105.14]
(c)
Denial of
										permit on basis of no present or future need; amended application.
If the Board denies a permit on the
										basis that the applicant has not demonstrated a present or future need for the water in the amount applied
										for but finds that he has demonstrated a need in some lesser amount and finds that the other requirements of
										785:20-5-4 were
										complied with as to this lesser amount, the applicant shall be so notified. The applicant may then amend the
										application previously filed and apply for the lesser amount. The amended application shall be returned to
										the Board by certified mail no later than fifteen (15) days after receipt of the notice of denial of the
										amount applied for. The Board shall then approve the permit for the lesser amount at its next regularly
										scheduled meeting. The amendment of the application to a lesser amount shall not be deemed a waiver of the
										right of the applicant to appeal from the Board's action in denying the permit on the original
										application.
Amended at 12 Ok Reg 2617, eff
											  7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 5 - Notice, Hearings and Board Actions › Section 785:20-5-8 - Notice of Board decision

Current through Vol. 41, No. 20, July 1, 2024
The Board shall give written notice to the applicant, and any protestants
											  or other interested parties, announcing its findings and decision. If such decision results in an amended
											  application as provided in
											  785:20-5-7, the Board
											  shall give written notice to the parties of its decision on the amended application.
Amended at 14 Ok Reg 2750, eff
											  7-1-97
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 5 - Notice, Hearings and Board Actions › Section 785:20-5-9 - Issuance of permit

Current through Vol. 41, No. 20, July 1, 2024
Upon the decision of the Board to grant a permit, an original permit to
											  appropriate water shall be forwarded to the applicant. Forms for notice of commencement of works and for
											  completion of works shall be enclosed with the permit.
Amended at 12 Ok Reg 2671, eff
											  7-1-95; Amended at 14 Ok Reg 2750, eff 7-1-97
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-1 - Classes of stream water permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Regular permit.
A regular permit
										authorizes
the holder of such permit
to appropriate
water on a year-round basis in
										an amount and from a source approved by the Board.
[82:105.1(c)]
(b)
Seasonal permit.
A seasonal permit authorizes
the
										holder of such permit to divert available water for specified time periods during the calendar year
[82:105.1(D)]
(c)
Temporary permit.
A temporary
										permit authorizes
the appropriation of water in an amount and from a source approved by the Board
										is
valid for a time period
not to exceed three (3) months, does not vest in the holder any
										permanent right, and may be canceled by the Board in accordance with its terms.
[82:105.1(E)]
(d)
Term permit.
A term permit
										authorizes
the appropriation of water in an amount and from a source approved by the Board for a term
										of years which does not vest the holder with any permanent right and which expires upon expiration of the
										term permit.
[82:105.1(F)]
(e)
Provisional
										temporary permit.
(1) A provisional temporary permit
authorizes an appropriation of water in an amount and from a source approved by the Board.
[82:105.1(G)] A provisional temporary permit is granted by the Board's Executive Director for a period not to
										exceed
ninety (90) days, is non-renewable,
does
not vest in the holder any permanent
										right
and is
subject to cancellation... at any time
[82:105.1(G)] within its term.
										It is not necessary to hold a hearing, publish application data or notify adjacent downstream domestic or
										appropriative users prior to consideration of this type of permit. The permit may be issued summarily and
										immediately at the discretion of and upon administrative approval by the Executive Director.
(2) A provisional temporary permit may be issued only where the verified
										application and supporting materials filed therewith show:
(A) That the use
										will not interfere with domestic or prior appropriative users; and
(B) That economic hardship will occur if the permit is not granted;
										and
(C) That the applicant owns, leases or has the written
										consent of the respective landowners to use lands at the point of diversion or lands for placement of water
										lines or other appurtenances related to use of the water.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-2 - Contents of regular permits

Current through Vol. 41, No. 20, July 1, 2024
Every regular permit issued by the Board shall contain substantially the
											  following:
(1) The stream system name and number;
(2) The county;
(3) Application
										number and date of filing;
(4) The permit number and date issued,
										which shall be the date the permit is issued by the Board;
(5)
										The name and address to whom issued;
(6) The source, amount of
										water in acre-feet, and maximum rate of withdrawal in gallons per minute;
(7) A legal description of the point or points of diversion to the nearest
										ten (10) acre subdivision of the legal description;
(8) The
										purpose of the diversion; and
(9) The area of use or in the case
										of irrigation, the number of acres to be irrigated and the legal description of same;
(10) A provision making the permit and holder thereof subject to domestic
										users and existing appropriators;
(11) The time within which
										construction shall commence and the time within which the water shall be applied to beneficial use;
(12) If an applicant's water lines are to cross a public right-of-way or
										another landowner's property, it shall be a condition of the permit that the applicant provide, within a
										reasonable time as determined by the Board, an easement, license, or other evidence that he can cross the
										right-of-way or another's property in order to put the water to beneficial use;
(13) If the applicant leases the land on which the water is authorized to
										be used for irrigation, the permit shall expire upon termination of the lease or renewals thereof unless the
										permit is transferred to the owner of the land within thirty (30) days of the termination of the lease, and
										that copies of any such lease renewals shall be filed with the Board within thirty (30) days of the effective
										date of such renewal;
(14) Water released for navigation purposes
										pursuant to project operations adopted by the United States shall not be diverted; and
(15) Any additional terms, conditions, limitations, or restrictions the
										Board may prescribe.
Amended at 10 Ok Reg 3281, eff
											  6-25-93; Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95; Amended at 22 Ok Reg
											  1596, eff 7-1-05
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-3 - Contents of seasonal, temporary, term or provisional temporary permits

Current through Vol. 41, No. 20, July 1, 2024
In addition to regular permits,
the Board is authorized to issue
											  seasonal, temporary, term or provisional temporary permits at any time it finds such issuance will not impair
											  or interfere with domestic uses or existing rights of prior appropriators and may do so even where it finds
											  no unappropriated water is available for a regular permit. All seasonal temporary, term or provisional
											  temporary permits shall contain
[82:105.13] substantially the same information as a regular permit
											  and shall contain
a provision making them subject to all rights of prior appropriators
[82:105.13] and domestic users.
Amended at 11 Ok Reg 2917, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-3.1 - Contents of permits to divert water from Barren Fork Creek

Current through Vol. 41, No. 20, July 1, 2024
(a) This section shall apply to
										permits (except provisional temporary permits) issued after July 1, 2003, to divert water from the Barren
										Fork Creek and its tributaries in Adair and Cherokee Counties, provided that this section shall not be
										construed to alter or remove any condition on diversions based on flow in permits issued prior to July 1,
										2003.
(b) Unless contrary information is shown and the Board
										determines that a different flow restriction is needed for aquatic community purposes on the Barren Fork
										Creek, the Board will include a condition in the permit that diversions must be temporarily suspended
										beginning the sixth day after the stream flow measured at the United States Geological Survey gage number
										07197000 near Eldon, Oklahoma, falls below 50 cfs for a period of five (5) consecutive days.
(c) The condition shall indicate that the temporary suspension shall
										continue until the flow at the Eldon gage increases to 50 cfs.
(d) In establishing the condition, the Board may utilize an alternative
										gage that reliably measures stream flow on the Barren Fork Creek or its tributaries and may make
										corresponding adjustments to the flow restriction.
(e) Details
										relating to notice of the flow at the Eldon gage (or its equivalent) shall be set forth in the permit
										condition.
(f) The permittee may be required to utilize storage
										or an alterative source of water for supply when diversions are temporarily suspended.
Added at 20 Ok Reg 2604, eff
											  7-11-03
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-4 - Additional provisions of seasonal, temporary, or term permits for impounded water

Current through Vol. 41, No. 20, July 1, 2024
If any seasonal, temporary, or term permit is for water impounded in any
											  works for storage, diversion, or carriage of water, the applicant must comply with the provisions of 82 O.S.
											  1981, §105.21 (Surplus Water) and
											  785:20-11-4.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-5 - Permits issued from federal projects requiring a repayment contract

Current through Vol. 41, No. 20, July 1, 2024
It shall be a condition of permits issued for water from existing federal
											  reservoir projects that a storage repayment contract be negotiated and signed within two (2) years from the
											  date the permit is issued or from the date of impoundment, whichever is later. Provided, for good cause
											  shown, such contract negotiation and signature time requirement may be extended by the
											  Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 7 - Permits › Section 785:20-7-6 - Acceptance of permit by applicant

Current through Vol. 41, No. 20, July 1, 2024
Acceptance of the permit shall be an acknowledgment and agreement by the
											  permittee that he will comply with all the terms, provisions, limitations, conditions, and restrictions
											  contained in such permit and that such permit shall be subject to forfeiture or revocation for failure to
											  comply with such material terms, provisions, limitations, conditions, and restrictions.
Amended at 12 Ok Reg 2617, eff
											  7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 9 - Actions After Stream Water Right Obtained › Section 785:20-9-1 - Construction of works

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time for beginning of construction.
(1) Any regular, term or seasonal permit issued by the Board
shall
										expire unless the applicant commences construction of the works within two (2) years of the issuance of the
										permit. If the Board does not receive a written notice of commencement of works or request to extend time
										within thirty (30) days after the end of the two-year period, the permit shall be deemed expired after
										written notice to the applicant.
[82:105.15] The commencement of construction shall be deemed to
										consist of the commencement of any of the following activities: land acquisition, preparation of the land,
										the acquisition of equipment, or construction of the dam or diversion works. Within ten (10) days after
										beginning actual construction of a project, the permit holder shall file in a written statement with the
										Board showing that such work was begun within the time limit allowed in the permit.
(2) The construction of non-federal dams is governed by the provisions of
										Chapter 25 of this Title.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 9 - Actions After Stream Water Right Obtained › Section 785:20-9-2 - Time for putting water to beneficial use

Current through Vol. 41, No. 20, July 1, 2024
(a)
Unless a schedule of use is provided
										by the Board, a regular permit shall require that the whole of the amount of the water authorized by the
										permit be put to beneficial use within a period of no less that seven (7) years.
[82:105.16] The
										time for commencing construction and putting the entire amount of appropriated water to beneficial use shall
										be stated in any permit issued but in no event will the permittee be required to place the whole amount
										authorized to
use within a period of less than seven (7) years
[82:105.16] under a regular
										permit. Unless a schedule of use is requested by the applicant and granted by the Board, the time for putting
										the entire amount of appropriated water to beneficial use shall be seven (7) years under a regular
										permit.
(b) Upon evidence presented to the Board
and
										considering the present and future needs of the stream system of origin, if it appears that the proposed
										project, improvement or structure will promote the optimal beneficial use of water in the State and if it
										further appears that the total amount of water to be utilized by the facility and authorized by the permit
										cannot be put to beneficial use within (7) years, then the Board shall,
[82:105.16] based upon a
										proposed schedule of use to be submitted by the applicant and, where appropriate, supported by population
										data from the Oklahoma Department of Commerce or its successor,
provide in the permit a schedule of
										the time within which certain percentages of the total amount to be authorized shall be put to beneficial
										use.
[82:105.16] However, in no event shall the extended schedule of use exceed the useful life of
										the proposed project, improvement or structure as found by the Board or, where such useful life is
										indeterminate, beyond fifty (50) years from the date of the permit.
Amended at 11 Ok Reg 2917, eff
											  6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 9 - Actions After Stream Water Right Obtained › Section 785:20-9-3 - Loss of rights and reversion of water to public

Current through Vol. 41, No. 20, July 1, 2024
(a)
Forfeiture and loss of
										rights.
Nothing in
82 O.S. 1981, §§105.1 et seq.
shall be deemed to
										reestablish any right to the use of any water which has been lost by failure to use same or by forfeiture
										prior to July 5, 1961.
[82:105.16]
(b)
Loss of
										right to use water under permit.
(1)
To the extent that
										the
amount of
water authorized is not put to beneficial use as provided by the terms of the
										permit
including but not limited to a schedule of use of incremental amounts within the corresponding
										time periods, the
amount not so used shall be forfeited by the holder of the permit and such unused
										water shall again become public water and available for appropriation.
[82:105.17]
(2) If a permit authorizes use of water for more than one purpose and water
										is not used for a purpose under the terms of the permit, the Board may delete such purpose from the permit
										upon notice and hearing as provided in this section.
(3) If the
										permittee fails to comply with any material term, limitation, condition or restriction provided in the
										permit, including but not limited to the requirements to file a Notice of Completion of Works on the date
										specified, the Board may revoke and cancel said permit upon notice and hearing as provided in this
										section.
(4) For a permit containing a schedule of use, the
										amount lost in any increment shall be subtracted from the total amount authorized by the permit and the
										amounts for any remaining increments shall be adjusted based on the percentages of the time intervals in the
										schedule of use.
(5) If the water right authorizes use of water
										from a reservoir, a reduction or cancellation of the right to use water shall not affect the storage rights
										in the reservoir, and any appropriation permit issued thereafter which authorizes use of water in such
										storage shall contain a condition that the permittee shall pay to the owner of the storage rights the
										proportionate amount of the costs of the storage attributable to the permit.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 9 - Actions After Stream Water Right Obtained › Section 785:20-9-4 - Amendments of stream water rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
Severance and transfer of water rights
										for irrigation.
All water used ...for irrigation purposes shall remain appurtenant to the land
										upon which it is used,
provided, however,
if for any reason it should at any time become
										impracticable beneficially or economically
to
use water for the irrigation of land to which
										the right of use of same is appurtenant, the right may be severed ..and simultaneously transferred
to
become appurtenant to other land without losing priority of right theretofore established, if such
										change can be made without detriment to existing rights.
[82:105.22] Forms to petition the change
										will be furnished by the Board. The petition shall be accompanied by a plat showing the legal description of
										the land to be irrigated under the transfer and the petition fee as required in Chapter 5 of this Title. The
										amount of water authorized shall not be increased over that originally permitted.
(b)
Amendments in place or rate of diversion, storage, areas of use
										or purpose.
(1)
Any appropriator of water including but not
										limited to one who uses water for irrigation, may use the same for other than the previously approved
										purposes for which it was appropriated or may change the place
or rate
of diversion,
										storage, or use in the manner and under the conditions prescribed
[82:105.23] in subsections (a)
										through (d) of this section; provided however, an appropriator may not change use from a previously approved
										non-consumptive recreation, fish and wildlife purpose to any other purpose unless the water is taken from the
										sediment pool amount in an upstream flood control impoundment constructed under the supervision of the
										Natural Resources Conservation Service.
(2) The required
										information set forth in
										785:20-3-4
										for an application for enhanced oil and gas recovery purposes shall be submitted with any request to change
										or add such a purpose.
(3) The procedures set forth herein shall
										apply to requests to change uses authorized by a vested right.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 9 - Actions After Stream Water Right Obtained › Section 785:20-9-5 - Reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Annual reports of water use.
(1) Water use report forms will
										be mailed during January of each year to every holder of a valid water right. These reports must be completed
										and returned with the annual file maintenance fee to the Board within thirty (30) days of receipt thereof.
										This report shall become a part of each record of each stream water right holder. Willful failure to complete
										and return such report with the appropriate filing fee may be considered by the Board as nonuse of water
										under a water right. In a review of the water use by the water right holder, the Board may adjust its records
										regarding nonuse after payment of all past accrued fees.
(2)
										Absent differing expressed direction of the water right holder, if two or more water rights are held by the
										same person for use of water from the same point of diversion, from the same source of supply and for the
										same purpose, the total amount used annually under all such water rights shall be recorded first under the
										water right with the oldest priority date until full use is made, then the next amounts shall be reported
										under the next oldest priority date, until all amounts are accounted for.
(3) Holders of water rights with multiple diversion points may be required
										to report use from each diversion point, if diversion points are in different stream segments, or diversion
										points are in both a stream and lake or pond, or other valid reasons as determined by the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-1 - Multiple ownership of reservoir sites

Current through Vol. 41, No. 20, July 1, 2024
(a) In those instances in which a Natural
										Resources Conservation Service flood detention structure or other non-natural impoundment is located on land
										owned by more than one person and an applicant desires to use his portion of the storage therein for
										beneficial use, the Oklahoma Water Resources Board will, absent evidence to the contrary, apportion the site
										among all the owners using the following formula:
0.25 FP + 0.75(D+S) + 1.0 SP=TV
FP
=
total area of flood pool exclusive of sediment
																		 pool.
D+S
=
total area of dam and spillway.
SP
=
total area of sediment pool.
TV
=
total value.
Individual shares 0.25 FP' + 0.75(D'+S') +
																		 1.0 SP'=PV
F'P'
=
area in flood pool owned by an individual.
D'+S'
=
area of dam and spillway owned by an individual.
SP'
=
area of sediment pool owned by an Individual.
PV
=
proportionate value of total.
PV / TV * 100 = % of water stored (To
																		 which individual is entitled).
(b) The Board
										may adjust the total amount of water available for appropriation in the reservoir by utilizing a refill
										factor that is based on average annual precipitation and runoff within the drainage area for the reservoir,
										in addition to or with correlative stream gauge data. In no case shall the refill factor exceed a value of
										two (2) times the amount of water available for appropriation from the sediment pool of the
										reservoir.
(c) Absent evidence to the contrary, storage in
										natural impoundments shall be divided in accordance with the percent of surface area of impoundment on the
										applicant's property.
Amended at 10 Ok Reg 3281, eff
											  6-25-93; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 14 Ok Reg 2750, eff
											  7-1-97
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-2 - Reclaiming water turned into a watercourse

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application to reclaim
										required.
Water turned into any natural or artificial watercourse by any party entitled to the
										use of such water may be reclaimed below and diverted thereform by such party, subject to existing rights,
										due allowance for losses being made by the Board.
[82:105.4.] Anyone wishing to reclaim such water
										using the bed and banks of any stream for conveyance shall, before commencing such conveyance, file an
										application setting forth the following information:
(1) The name of the
										applicant and the place and purpose of use.
(2) The name of the
										stream whose bed and banks are to be used for the transportation of the water.
(3) The name of the owner of any reservoir located on the stream through
										which the waters are to be conveyed.
(4) The place of origin and
										the terminus of the proposed transported waters.
(5) The time of
										commencement and termination of the transit.
(6) The number of
										acre-feet of water to be transported and the approximate flow at the point of origin in cubic feet per second
										of time.
(7) The number of the water right which authroizes the
										storage and the number of the water right which authorizes the use of the water proposed to be
										transported.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-3 - Right of eminent domain

Current through Vol. 41, No. 20, July 1, 2024
Any person, corporation or association may exercise the right of
											  eminent domain to acquire right-of-way for the storage or conveyance of waters for beneficial use, including
											  the right to enlarge existing structures, and use the same in common with the former owner. Such right-of-way
											  shall in all cases be so located as to do the least damage to private or public property, consistent with
											  proper and economical engineering construction. Such rights may be acquired in the manner provided by law for
											  the taking of private property for public use.
[82:105.3]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-4 - Surplus water

Current through Vol. 41, No. 20, July 1, 2024
The owner of any works for the storage, diversion, or carriage of
											  water, which contain water in excess of his needs for irrigation or other beneficial use for which it has
											  been appropriated, shall be required to deliver such surplus, at reasonable rates for storage or carriage or
											  both, as the case may be, to the parties entitled to the use of the water for beneficial purposes. In case of
											  the refusal by the owner to deliver any such surplus water at reasonable rates as determined by the Board, he
											  may be compelled to do so by the district court for the county in which the surplus water is to be
											  used.
[82:105.21]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-5 - Impairment of water rights

Current through Vol. 41, No. 20, July 1, 2024
Any person having a right to the use of water from a stream as
											  defined
in 82 O.S. 1981, §105.1, or this Chapter,
whose right is impaired by the act or
											  acts of another or others may bring suit in the district court of any county in which any of the acts
											  complained of occurred.
[82:105.5]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-6 - Measurement of water

Current through Vol. 41, No. 20, July 1, 2024
The standard of measurement of the flow of water shall be the
											  cubic foot per second of time; the standard measurement of the volume of water shall be the acre-foot, being
											  the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty
											  (43,560) cubic feet,
or 325,851 U.S. gallons. [82:105.28]
Amended at 11 Ok Reg 2917, eff
											  6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-7 - Water supply contracts from federal projects

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall obtain the amount of storage
										together with the estimated dependable yield available for contract from the federal agency responsible for
										construction of federal projects and notify the managing agency for the project as to who has the rights to
										the water and the priority of such rights.
(b) The responsible
										federal construction agency shall notify the Board upon completion of a project for water supply and the
										managing agency will be requested to execute water supply contracts for storage in federal projects with
										holders of permits with a priority falling within the amount of water supply storage available in the
										project.
(c) In cases in which the appropriation is from storage
										other than water supply, the permit holders with appropriation from the water supply storage should be
										granted first opportunity to sign repayment contracts with the responsible managing agency.
(d) If a holder of a permit from the water supply pool does not sign a
										contract as provided in
										785:20-7-5,
										then the permit holder with the next best priority will be given an opportunity to sign a contract.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-8 - Release of easement or easement deed

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Water Resources Board, as successor to the Conservation
											  Commission of the State of Oklahoma and the Oklahoma Planning and Resources Board, shall execute and deliver
											  a written release of any easement or easement deed given to the Conservation Commission on land situated in
											  the State for the purpose of constructing a dam, spillway, and appurtenances whenever it appears that the
											  need for such easement or easement deed no longer exists. Any person desiring such release of easement or
											  easement deed shall make application to the Board accompanied by a filing fee as set forth in Chapter 5 of
											  this Title. Upon receipt of such application a notice will be prepared by the Board setting the date, time,
											  and place of a hearing thereon. The hearing notice shall be published by the applicant at his expense once a
											  week for two (2) consecutive weeks in a newspaper having a general circulation in the county where the land
											  is situated. The last notice shall be published at least ten (10) days prior to the date set for the hearing.
											  Upon approval of the release the applicant shall submit a copy of the release as recorded in the office of
											  the County Clerk in the county wherein the land is situated showing the date, book, and page of such
											  filing.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 11 - Miscellaneous Provisions › Section 785:20-11-9 - Impoundment of water in mine pits

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise required by the Board for purposes of proper
											  administration and accounting of water uses and rights, the impoundment of water in a mine pit as described
											  in a surface mining closure plan approved by the Oklahoma Department of Mines shall not be deemed a
											  beneficial use of water requiring a regular permit, provided that the Board may request that the Oklahoma
											  Department of Mines include conditions and requirements as part of the closure plan to protect downstream
											  domestic and appropriative uses.
Added at 22 Ok Reg 1596, eff
											  7-1-05
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Appendix A - Application for a Permit to Use Surface or Stream Water

Current through Vol. 41, No. 20, July 1, 2024
Figure 1
Added at 12 Ok Reg 2671, eff 7-1-95;
										Revoked and reenacted at 13 Ok Reg 2853, eff 7-1-96; Revoked and reenacted at 14 Ok Reg 2750, eff 7-1-97;
										Revoked and reenacted at 27 Ok Reg 1294, eff 5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 1 - General Provisions › Section 785:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter on reservoir requirements and safety of dams
											  set forth minimum standards for construction and maintenance of dams based on size and hazard classification,
											  application requirements for approval of plans and specifications, and inspection requirements. These rules
											  are adopted pursuant to 82 O.S. 1981, §§105.27,110.1 et seq. (Oklahoma Dam Safety Act) and
											  1085.2(7), and Public Law 92-367, 92nd Congress, H.R. 15951, approved August 8, 1972 (
											  33 U.S.C.
											  467 et seq.). Under no circumstances shall the rules in this Chapter be
											  construed to deprive or limit the Oklahoma Water Resources Board of any exercise of powers, duties, and
											  jurisdiction conferred by law nor to limit or restrict the amount or character of data or information which
											  may be required from any owner of any dam for the proper administration of the law.
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 1 - General Provisions › Section 785:25-1-3 - Violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Under Section
										105.20 of Title 82 of the Oklahoma Statutes, the
										continued use of works which are unsafe, after receiving notice to repair, and the refusal to change unsafe
										works when directed to do so, or the injury or obstruction of waterworks shall be a misdemeanor and each day
										such violation continues shall be a separate violation.
(b) Under
										the Oklahoma Dam Safety Act (82 O.S. Supp. 1992, §§110.1 et seq.), the Board is authorized to issue
										emergency orders without prior notice and hearing and orders after notice and hearing requiring an owner to
										take action as necessary to put a dam in safe condition. In addition, 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. Procedures for imposition of such penalties are found in Subchapter 11 of this Chapter.
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 1 - General Provisions › Section 785:25-1-4 - Variances and waivers

Current through Vol. 41, No. 20, July 1, 2024
Applicants who request a variance or waiver to rules specified in this
											  chapter must demonstrate, and shall bear the burden of demonstrating that operations under the variance will
											  equal or exceed the protections accorded by the particular rule for which the variance is sought. The
											  variance may also be granted if the Board finds that the cost of compliance with the rule without a variance
											  would impose significant expense without providing for additional safety of the construction for which the
											  variance or waiver is sought, and integrity of the dam will not be adversely affected. The Board may require
											  that a registered professional engineer certify that the variance or waiver being requested will not
											  adversely affect the integrity of the dam.
Added at 21 Ok Reg 2625, eff 7-1-04;
											  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 785:25-3-1 - Dams subject to Board's jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a)
Dams, together with appurtenant
										works, which meet the following alternative criterion are subject to the provisions of
[82:110.4]
										the Oklahoma Dam Safety Act and this Chapter of the Board's rules:
(1)
Dams which are or will be twenty-five (25) feet or more in height from the natural bed of the stream
										or watercourse at the downstream toe of the barrier or from the lowest elevation of the outside limit of the
										barrier if it is not across a stream channel or watercourse, to the top of the dam
[82:110.4];
										or
(2)
Dams which have or will have an impounding
										capacity of fifty (50) acre-feet or more
[82:110.4];
provided however, any barrier to the
										flow of water which does or may impound water and which is or will be not in excess of six (6) feet in
										height, regardless of storage capacity, or which has or will have a storage capacity not in excess of fifteen
										(15) acre-feet, regardless of height, shall not be subject to regulation... unless it is determined to have a
										high hazard potential classification under these rules
[82:110.4] or except as hereinafter provided.
										The figure in Appendix A of this Chapter presents a graphic illustration of the height and storage criteria
										reviewed to determine the Board's authority relating to dams.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-2 - Owner's responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) Owners of
										dams to which the provisions of this Chapter apply shall have the responsibility to provide for the safety of
										such works by making any necessary changes to put the works in a safe condition.
(2) Such responsibility includes but is not necessarily limited to the
										following: the filing of an application to construct, enlarge, alter or repair the dam pursuant to Subchapter
										5; the modification of the dam to meet applicable minimum requirements in this Subchapter; and the adequate
										maintenance, operation, and inspection of an existing dam.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-3 - Classification of size and hazard potential

Current through Vol. 41, No. 20, July 1, 2024
(a) All dams shall be classified as to size and
										for potential hazards as follows:
(1)
Size Classification of
										Dams.
The size classification shall be based on the following:
(A)
Small.
Small size dams are those which have a maximum storage of less than 10,000 acre feet and
										have a maximum height of less than 50 feet.
(B)
Intermediate.
Intermediate size dams are those which have a maximum storage of between 10,000
										and 50,000 acre feet and have a maximum height of between 50 and 100 feet.
(C)
Large.
Large size dams are those which have a maximum
										storage of over 50,000 acre feet and have a maximum height of over 100 feet.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-4 - Dams considered unsafe and menace to life and property

Current through Vol. 41, No. 20, July 1, 2024
(a) In determining whether a dam is
unsafe and a menace to life and property
[82:105.27] under the provisions of Section
										105.27 of Title 82 of the
										Oklahoma Statutes and the corrective actions necessary to put a dam in a safe condition, the Board shall
										review the requirements set forth in rules of this Chapter, and recommendations on matters which directly
										affect the integrity of dams set forth in DESIGN OF SMALL DAMS (1977) and DESIGN OF GRAVITY DAMS (1976),
										published by the U.S. Department Interior Bureau of Reclamation (BOR), ENGINEERING AND DESIGN MANUALS, SERIES
										EM-1110, published by the U.S. Department of the Army, Corp of Engineers (COE), the ENGINEERING FIELD MANUAL
										and TECHNICAL RELEASE NO. 60, published by the U.S. Department of Agriculture, Natural Resources Conservation
										Service, or equivalent recommendations.
(b) Existing dams which
										are in imminent peril of failure shall be considered
unsafe and a menace to life and
										property
[82:105.27] under the provisions of Section
										105.27 of Title 82 of the
										Oklahoma Statutes.
Amended at 9 Ok Reg 1675, eff
											  5-11-92; Amended at 10 Ok Reg 3287, eff 6-25-93; Amended at 14 Ok Reg 2766, eff
											  7-1-97
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-5 - Minimum design standards (other than spillway)

Current through Vol. 41, No. 20, July 1, 2024
(a) The construction of the downstream embankment
										slope shall not be steeper than 3 horizontal units to each 1 vertical unit (3:1) to provide adequate factors
										of safety against sliding, sloughing or rotation in the embankment and foundation, unless a stability
										analysis is performed which shows a steeper slope provides an adequate factor of safety.
(b) Except as otherwise provided in this Chapter, all dams must be designed
										by methods, procedures and criteria that meet or exceed acceptable dam safety engineering practices,
										including those found in the federal agency publications referenced in
										785:25-3-4.
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 785:25-3-6 - Minimum spillways performance standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
General performance standards.
(1) Except as otherwise provided in this Chapter, all dams must meet or
										exceed the following performance standards as determined by analysis of plans and specifications for the dam
										and existing site conditions.
(2) Owners of existing dams which
										do not meet the following performance standards must make necessary changes in the dam to meet the applicable
										performance standards.
(3) The discharge capacity and/or storage
										capacity of the project shall be capable of passing the indicated spillway design flood without infringing on
										the minimum freeboard requirements, provided that a design which includes overtopping of the dam may be
										authorized if specifically approved by the Board.
(4) The minimum
										performance standards expressed as magnitude of spillway design flood and minimum freeboard will be assigned
										to the various size and hazard potential classification determined under
										785:25-3-3 as
										described in Appendix B.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 25 - Dams and Reservoirs › Subchapter 3 - Responsibility, Classification and Design Standards › Section 785:25-3-7 - Minimum outlet conduit capacities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements for outlet conduit
										capacity shall be as follows:
(1) All dams subject to the Board's
										jurisdiction shall have at least one outlet conduit of sufficient capacity to prevent interference with
										natural streamflow and injury of downstream appropriators and domestic users. Absent evidence to the
										contrary, the minimum size of the outlet conduits shall be as set forth in subsection (d) of this
										section.
(2) The height of the outlet conduit shall be no more
										than five feet (5') above the natural stream channel unless otherwise ordered by the Board. The capacity of
										the reservoir below the outlet conduit shall be designated as the inactive pool.