reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 1 - LICENSING PROCEDURES › Section 785:15-3-2 - License application procedures and requirements

Current through Vol. 41, No. 20, July 1, 2024
In order to qualify for a weather modification license an applicant
													 must:
(1) Submit a properly completed application in duplicate on
											  forms furnished by the Board;
(2) Submit an application fee (see
											  Chapter 5 of this Title, Fees) with the completed application form or show exemption from such fee as set
											  forth in
											  785:15-3-20;
(3) Designate an Operations Director having the following minimum
											  professional and education requirements:
(A) Two (2) years experience as an
											  Operations Director; and
(B) One of the following four (4)
											  requirements:
(i) Six (6) additional years of experience in weather
											  modification field operations; or
(ii) A bachelor's degree in
											  engineering, mathematics, or applicable physical or natural sciences, plus two (2) additional years of
											  experience in weather modification field operations; or
(iii) A
											  bachelor's degree in meteorology; or
(iv) A bachelor's degree in
											  engineering, mathematics, or applicable physical or natural sciences including at least twenty-five (25)
											  semester hours of meteorological course work.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 1 - LICENSING PROCEDURES › Section 785:15-3-3 - Expiration, renewal, and revocation of license

Current through Vol. 41, No. 20, July 1, 2024
(a) Each weather modification license
shall be issued for a period
											  to expire at the end of the State fiscal year in which it is issued.
[82:1087.9(B)] Such license
											  shall, upon application, be renewed at the expiration of such period if the licensee possesses all the
											  necessary qualifications stated in Section
											  785:15-3-2. The
											  application for renewal shall be accompanied by the renewal fee (see Chapter 5 of this Title, Fees) except in
											  the case of those exemptions as set forth in
											  785:15-3-20, in
											  which case the fee will be waived.
(b) The Board may, after first
											  giving notice and reasonable opportunity for hearing as provided in the Administrative Procedures Act and
											  Chapter 4 of this Title,
revoke or refuse to renew any license issued by it if the applicant no
											  longer qualifies for such license or if the applicant has violated any provisions of
[82:1087.18(A)]
											  the Weather Modification Act or these rules and regulations.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-10 - Who should file for a permit

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person desiring to engage in operations
											  for weather modification in the State of Oklahoma shall be required to make application, prior to actual
											  operations, for a permit and be issued such a permit by the Board.
(b) A separate application and permit shall be required for each operation
											  under a given license and shall automatically terminate upon expiration of such license.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-11 - Permit application procedures and requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to qualify for a weather
											  modification permit an applicant must:
(1) Possess a valid license for
											  weather modification operations in the State of Oklahoma;
(2)
											  Submit a properly completed application in duplicate on forms furnished by the Board for each operation under
											  a given license;
(3) Submit an application fee (see Chapter 5 of
											  this Title, Fees) for each permit with the completed application form or show exemption from such fee as set
											  forth in
											  785:15-3-20;
(4) Publish a notice of intention for each permit (forms to be furnished by
											  the Board);
(5) Any additional information as the Board may deem
											  appropriate.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-12 - Financial responsibility requirement under permit

Current through Vol. 41, No. 20, July 1, 2024
All applicants shall have on file, prior to permit issuance, proof
													 of
ability to respond in damages for liability which might reasonably be attached to or result
													 from
[82:1087.14] any permitted weather modification activities. This proof shall be in the form of
													 a liability insurance policy in the amount of Three Hundred Thousand Dollars ($300,000.00) minimum for each
													 permit to be issued or such other proof of financial responsibility as may be required.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-13 - Publication of notice of intention for permit

Current through Vol. 41, No. 20, July 1, 2024
(a) A notice of intention for each permit shall be filed on forms furnished
											  by the Board containing the following information:
(1) The name and address
											  of the applicant;
(2) Name and address of the operations
											  director;
(3) The individual or organization on whose behalf the
											  operation is to be conducted;
(4) The operations area;
(5) The target area;
(6) The
											  seeding hypothesis;
(7) The intended effect of the
											  operation;
(8) The seeding materials and weather modification
											  apparatus to be used in conducting the operation;
(9) The period
											  of operation, including starting and ending dates (the operation need not be continuous);
(10) Any additional information as the Board may deem
											  appropriate.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-14 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
Upon request of any interested party the Board shall conduct a
													 hearing in accordance with the provisions in Chapter 4 of this Title and the Administrative Procedures Act to
													 determine if the requirements of the Weather Modification Act and the rules of this chapter have been
													 met.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-15 - Permit approval or denial

Current through Vol. 41, No. 20, July 1, 2024
(a) After evaluating the application and the
											  evidence presented at the hearing held pursuant to
											  785:15-3-14, if it is determined that the proposed
											  weather modification operation is safe and not a menace to life and property and is in conformity with all
											  statutory requirements and the rules of this Chapter, said application shall be approved by the
											  Board.
(b) If it is determined that the proposed weather
											  modification operation is unsafe and a menace to life and property or does not give reasonable and adequate
											  consideration to the planting and harvesting of agricultural crops or does not give reasonable and adequate
											  consideration to other segments of the economy or important public events which could be affected by the
											  operation, said application shall be denied by the Board.
(c) The
											  applicant shall be notified in writing of the Board's decision.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 3 - PERMIT PROCEDURES › Section 785:15-3-16 - Permit suspension, modification or cancellation

Current through Vol. 41, No. 20, July 1, 2024
(a) Each permit issued will reflect that
											  weather modification operations may be suspended during certain times to protect life and property.
(b) When it appears to the Board that an emergency exists or appears
											  imminent, or the Board has been notified of a probable impending emergency or is not satisfied with the
											  conduct of field operations or the effect of the modification operations within the area affected by such
											  condition, the Board may order the permit holder to immediately suspend all weather modification operations
											  within the area affected by such condition.
(1) Notification shall be given
											  in the most expeditious manner.
(2) If the telephone is used to
											  give such notice, it is to be followed promptly by a certified letter of particulars from the Board addressed
											  to the permit holder stating the time and place for holding a hearing on the question of taking permanent
											  action to modify or cancel the permit.
(3) Whether or not
											  operations are allowed to be reinstated by the Board, and when such reinstatement may take place, will depend
											  upon the conditions that develop within the permit area or when the requirements of the Board are
											  met.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 3 - Licenses and Permits › Part 5 - EXEMPTIONS › Section 785:15-3-20 - Exemptions from license and permit requirements

Current through Vol. 41, No. 20, July 1, 2024
The Board, to the extent it deems practical, shall provide
													 for exempting from license and permit requirements...:
(1)
Research and development and experiments by state and federal agencies and institutions of higher
											  learning;
(2)
Laboratory research and
											  experiments;
(3)
Activities normally engaged in
											  for purposes other than those inducing, increasing, decreasing or preventing
[82:1087.8] naturally
											  occurring weather phenomena; and
(4)
Religious
											  ceremonies, rites or acts and American Indian or other cultural ceremonies which do not utilize chemical or
											  mechanical means to alter weather phenomena and which are not performed for profit.
[82:1087.8]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 5 - Records, Reports and Monitoring › Section 785:15-5-1 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Daily Log.
Each permittee must maintain a daily log of weather modification activities for each
										unit of weather modification apparatus used during an operation. The log requires:
(1) Date of weather modification activity.
(2) Each aircraft flight track and location of each item of weather
										modification apparatus during each modification mission. Use of maps is encouraged.
(3) Local time when modification activity began and ended. For
										non-continuous activities, the start and end of a total sequence of activity is acceptable.
(4) Amount of time each unit of weather modification apparatus is in
										operation use.
(5) Type of modification agent used in each
										weather modification apparatus.
(6) Rate of dispersal of the
										seeding agent during actual use of each weather modification apparatus.
(7) Total amount of seeding agent used. If more than one agent is used,
										list totals for each type of agent separately.
(8) Local time
										when any type of monitoring, (i.e., radar, rawinsonde) was operational.
(9) Type(s) of cloud(s) modified, (i.e., stratiform, isolated cumuliform,
										organized cumuliform, etc.).
(10) Narrative indicating such
										operational problems as equipment failure, personnel problems, weather conditions, etc.
(11) Monthly totals from the daily logs listings the following:
(A) Days during month in which operation was conducted;
(B) Time of operation;
(C)
										Amount of each kind of seeding agent used;
(D) Average rate of
										dispersal of each kind of seeding agent used;
(E) Time of
										operation of any monitoring equipment;
(F) Days of each type of
										cloud treated.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 5 - Records, Reports and Monitoring › Section 785:15-5-2 - Reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Monthly Report.
Within ten (10) days after the conclusion of each calendar month the permittee
										shall submit a report to the Board which shall consist of:
(1) A summary of
										the records prepared under
										785:15-5-1;
(2) A copy of the roster of all participants in the State on an operation
										which was prepared according to Section
										785:15-5-1;
(3) A narrative account of the manner in which the weather modification
										operation did not conform to the intended effect of the notice of intention filed in accordance with
										785:15-3-13.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 5 - Records, Reports and Monitoring › Section 785:15-5-3 - Release of information to public

Current through Vol. 41, No. 20, July 1, 2024
All operational information on a permitted project shall be filed with
											  the Board before such information on the project may be released to the public. Scientific and other
											  information concerning a project shall also be filed with the Board as it becomes available and before being
											  released to the public.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 5 - Records, Reports and Monitoring › Section 785:15-5-4 - Monitoring

Current through Vol. 41, No. 20, July 1, 2024
Where any licensee is conducting weather modification operations in an
											  area where the United States Government or its agent is conducting weather modification research then said
											  licensee shall submit to monitoring by the United States Government or its agent, provided the monitoring
											  does not interfere with the normal operation and results of the project.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 15 - Weather Modification › Subchapter 7 - Emergency Drought Conditions › Section 785:15-7-1 - Emergency drought conditions

Current through Vol. 41, No. 20, July 1, 2024
Upon declaration of emergency drought conditions within any
											  county or counties of this State by proclamation of the Governor or by concurrent resolution by the
											  Legislature
, [82:1087.13(C)] a permit may be granted, by the Director, without requiring notice by
											  publication of intent. If the notice by publication requirement has been suspended by the declaration of
											  emergency drought conditions, the licensee may begin operations under the permit immediately provided he
											  initiates a compliance with the notice of intention requirements of
											  785:15-3-13
											  within ten (10) days of issuance of the permit.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter of the rules is to set out the procedure and substantive
											  requirements to establish appropriative rights to use stream water, to amend such rights, and provisions
											  regarding loss of rights.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-3 - Statutory provisions on violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
As provided by 82 O.S. 1981, §105.20,
the unauthorized use
											  of water, the unauthorized transfer of a water right, the continued use of works which are unsafe after
											  receiving notice to repair, the waste of water, the unauthorized severance of a water right from the land to
											  which it is appurtenant, 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. The Board shall have the right, in addition to filing criminal complaints and any other remedies
											  provided, to bring an action in the district court of the county wherein such act or omission occurs to
											  enjoin the same. The Board and its authorized agents shall have a reasonable right to go upon private
											  property in the performance of its duties and shall have the duty to file complaints of violations.
[82:105.20]
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-4 - Statutory provisions on ownership and use of water

Current through Vol. 41, No. 20, July 1, 2024
(a)
The owner of land owns water
										standing thereon, or flowing over or under its surface but not forming a definite stream. The use of
										groundwater shall be governed by the Oklahoma Groundwater Law. Water running in a definite stream, formed by
										nature over or under the surface, may be used by the owner of the land riparian to the stream for domestic
										uses as defined in Section
										105.1 of Title 82 of the Oklahoma Statutes, but he
										may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite
										course, nor pursue nor pollute the same, as such water then becomes public water and is subject to
										appropriation for the benefit and welfare of the people of the State, as provided by law; provided, however,
										that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a
										stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by
										virtue of the first sentence of this Section so long as he provides for the continued natural flow of the
										stream in an amount equal to that which entered his land less the uses allowed for domestic uses and valid
										appropriations made pursuant to Title 82 of the Oklahoma Statutes; provided further, that nothing contained
										herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to
										build or alter structures on a stream pursuant to Title 82 of the Oklahoma Statutes to provide for the
										storage of additional water the use of which the land owner has or acquires by virtue of this
										act.
(b)
All rights to the use of water in a
										definite stream in this state are governed by this section and other laws in Title 82 of the Oklahoma
										Statutes, which laws are exclusive and supersede the common law.
[60:60]
(c) The State of Oklahoma is a party to four interstate stream compacts
										which were adopted by the Oklahoma Legislature as statutes, including the Canadian River Compact (82 O.S.
										1991, §
									526.1
										), the Kansas-Oklahoma Arkansas River Compact (82 O.S. 1991, §1401), the Arkansas-Oklahoma Arkansas
										River Compact (82 O.S. 1991, §1421), and the Red River Compact (82 O.S. 1991, §1431). Among other
										matters, the compacts apportion water among the states that are party to the compacts. Water rights subject
										to regulation under this chapter of the rules are likewise subject to applicable provisions of the compacts.
										(d) Use of water in a scenic river area in Oklahoma is also subject to applicable provisions of the Oklahoma
										Scenic Rivers Act, 82 O.S. 1991, §1451 and following.
Amended at 15 Ok Reg 2435, eff
											  6-11-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-5 - Purposes for a water appropriation

Current through Vol. 41, No. 20, July 1, 2024
(a) The purposes for which the public waters of
										this State may be appropriated are agriculture, irrigation, mining, drilling of oil and gas wells, recovery
										of oil and gas, milling, manufacturing, power production, industrial purposes, the construction and operation
										of water works for cities and towns, stock raising, public parks, game management areas, propagation and
										utilization of fishery resources, recreation, housing developments, pleasure resorts, artificial recharge of
										a groundwater basin or subbasin or any other beneficial uses.
(b)
										The amount or quantity of water to be appropriated for each purpose shall be so stated and shall be
										specifically appropriated for such purpose or purposes, provided that no amount shall be specified in water
										rights for non-consumptive uses in reservoirs if a consumptive use is also authorized by the same water
										right.
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 1 - General Provisions › Section 785:20-1-6 - Who should file an application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Any person, firm, corporation, state or federal governmental
										agency, or subdivision thereof, intending to acquire the right to beneficial use of any water shall, before
										commencing any construction for such purposes or before taking the same from any constructed works, make an
										application to the Board
[82:105.9] for a permit to appropriate such water.
(b) Water for domestic use, as defined herein, is exempt from such filing:
										however, where domestic use of water from a federal reservoir operated by the Corps of Engineers, U.S. Army,
										is desired, an application must be on file with the Board before the Federal Government through the Corps of
										Engineers will grant an easement to cross government property.
(c) Unless otherwise determined by the Board, a permit to use water for
										hydroelectric power generation, navigation, recreation fish and wildlife, and other nonconsumptive instream
										uses is required only where the water used for such purpose is taken from reservoir storage.
(d) If an application is filed after non-domestic use of the water has
										begun, the application filing fee due for the type of permit requested as set forth in Chapter 5 of the
										Oklahoma Administrative Code, title 785, shall be doubled.
Amended at 27 Ok Reg 1294, eff
											  5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-7 - Forms to be furnished by the Board [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg 2671, eff
											  7-1-95; Revoked 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 1 - General Provisions › Section 785:20-1-8 - Rejection of application where water has been withdrawn by the United States

Current through Vol. 41, No. 20, July 1, 2024
When an application is received in a stream system where all of the
											  unappropriated water has been withdrawn by the United States under the provisions of 82 O.S. 1981,
											  §105.29, for the economic justification of a water supply project, the application and fee shall be
											  rejected and returned to the applicant by certified mail with a letter of explanation as to why the
											  application was rejected.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-9 - Use of water from a reservoir

Current through Vol. 41, No. 20, July 1, 2024
To clarify the distinction between regulation of the use of water in a
											  reservoir and ownership and use of the storage space created by a reservoir, it is recognized:
(1) Water, not previously appropriated or otherwise not subject to
										previously recognized claims to use, in reservoirs owned by federal, state or local governments or
										non-governmental entities or persons is public water subject to appropriation as provided herein. The use of
										storage space created by a reservoir is subject to applicable laws and regulations and is recognized to be
										property of the owner of such reservoir.
(2) For reservoirs
										constructed by agencies of the federal government, such as the U.S. Army Corps of Engineers, Department of
										Interior Bureau of Reclamation, and U.S. Department of Agriculture Natural Resources Conservation Service,
										the Board will consider applications for regular permits to appropriate water only within quantities which
										represent the dependable yield of water from conservation storage space in such reservoirs, as calculated by
										such agencies, provided that for upstream flood control impoundments constructed under sponsorship of Soil
										and Water Conservation Districts, the amount of water in the sediment pool will be available to landowners or
										their successors who granted easements without compensation for such impoundments and who obtain water rights
										for the beneficial use of such water, and provided further that
										785:20-11-1 shall be
										applicable where multiple landowners granted such easements.
Amended at 10 Ok Reg 3281, eff
											  6-25-93; 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 1 - General Provisions › Section 785:20-1-10 - Wastewater released to definite stream

Current through Vol. 41, No. 20, July 1, 2024
All wastewater or effluent released into a definite stream shall be
											  considered public water subject to appropriation.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-11 - Vested rights subject to administrative regulation

Current through Vol. 41, No. 20, July 1, 2024
Rights to the use of stream water recognized to be vested by the Board
											  through vested stream water rights hearings conducted and orders entered under the procedures of 82 O.S.
											  Supp. 1963, §§5 and 6, have been and shall remain subject to administrative regulation by the
											  Board. Such regulation includes but is not limited to provisions on amending rights, annual use reports, loss
											  of rights, assignment of rights, inspection of works for safety, and waste of water. Upon amendment of a
											  vested right, an Amended Vested Right form shall be completed and forwarded to the vested right
											  holder.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-12 - Fees

Current through Vol. 41, No. 20, July 1, 2024
Fees required in filing for stream water permits and other matters will
											  be charged in accord with Chapter 5 of this Title.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-1 - Preparation of application

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall furnish without charge blank applications forms and
										instructions for the filing for a stream water permit. The application shall be typewritten or printed
										clearly in ink.
(b) If the application is filled out in writing
										or in pencil, or is illegible, the application will be returned.
(c) Each blank in the application shall be filled in carefully and as
										accurately and completely with the relevant data as the circumstances permit.
(d) Supplements may be attached if there is not sufficient space on the
										printed form.
(e) If a supplement is used, the data entered
										thereon should be segregated into paragraphs with numbers corresponding to the paragraph numbers of the
										printed form and properly cross-referenced thereto.
(f) If there
										are any unusual or unique aspects concerning the application, such as multiple diversion points, the
										applicant should confer with agency staff. The applicant may also be required to submit additional
										information which is necessary for proper consideration of the application.
Amended at 11 Ok Reg 2917, eff
											  6-13-94; 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 3 - Application Requirements and Processing › Section 785:20-3-2 - General application requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application form to be used.
The
										applicant shall complete all applications for a regular, term, seasonal or provisional temporary stream water
										permit on the approved form set out in Appendix A, or on an electronic or other form provided by the Board,
										and in the manner described by the form. The application form may be presented to the Board in person, by
										mail, e-mail, readable facsimile transmittal, or through the Board's online application service. The filing
										fee must be submitted to the Board before application review and processing commences. With copies of the
										application form, the Board will provide copies of a sample plat on which information as required by the
										application form must be indicated.
(b)
Right of access to
										diversion point and to cross lands of another.
If at the time the application is filed, the applicant
										has evidence regarding right of access to the diversion point and authority to cross lands of another with
										pipelines or other appurtenances related to the use of the water, such evidence shall be submitted with the
										application.
Amended at 11 Ok Reg 2917, eff
											  6-13-94; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 13 Ok Reg 2853, eff 7-1-96; Amended at 15 Ok Reg
											  2435, eff 6-11-98; Amended at 20 Ok Reg 2604, eff 7-11-03; Amended at 27 Ok Reg 1294, eff
											  5-27-10
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-3 - Place of use and irrigation use application requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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; Revoked at 13 Ok Reg
											  2853, eff 7-1-96
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-4 - Enhanced oil recovery use application requirements

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

Current through Vol. 41, No. 20, July 1, 2024
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; Revoked at 13 Ok Reg
											  2853, eff 7-1-96
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-6 - Filing fee required [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg 3281, eff
											  6-25-93; Amended at 11 Ok Reg 2917, eff 6-13-94; Revoked at 13 Ok Reg 2853, eff
											  7-1-96
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-7 - Priority of application

Current through Vol. 41, No. 20, July 1, 2024
The application and all attachments delivered to the Board will be date
											  stamped "received" and noted in the records. The date of receipt of an application shall establish a priority
											  date of filing.
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 3 - Application Requirements and Processing › Section 785:20-3-8 - Revisions and corrections to applications

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications for stream water will be
										altered, corrected or revised by the Board only upon written request signed by the applicant or his duly
										authorized agent or by telephone instructions to the Board from the applicant or his duly authorized agent to
										be followed by written confirmation.
(b) Changes may also be made
										directly on the application, or filed through the Board's online application service, by the applicant or his
										duly authorized agent.
(c) All changes must meet the requirements
										of 82 O.S. §§
									105.1 et seq. and the rules in this
										Chapter.
(d) Revisions to the application requested after notice
										has been published may be granted if the resultant change in the application is not substantial.
Amended at 12 Ok Reg 2617, eff
											  7-1-95; Amended 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 3 - Application Requirements and Processing › Section 785:20-3-9 - Defective applications; when applications deemed withdrawn

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the filing of an application
										that
is defective as to form or unsatisfactory as to feasibility or safety of the plan or as to the
										showing of the ability of the applicant to carry the construction to completion, the Board shall advise the
										applicant of the correction, amendments, or changes required, and sixty (60) days from the date the Board so
										advises shall be allowed for the refiling thereof.
[82:105.10]
(b)
If refiled corrected as required within such time, the
										application shall, upon being accepted, take priority as of the date of its original filing, subject to
										compliance with further provisions of the law and
the rules herein. [82:105.10]
(c) Any corrected application filed after the time allowed in (a) of this
										Section
shall be treated in all respects as
a new application
on the date of its
										refiling
[82:105.10] and the original priority date of filing shall be lost.
(d) If an applicant does not correct an application or publish notice as
										instructed by the Board, and no further proceedings are initiated by the applicant for six months or more
										after last contact with the Board, the application shall be deemed withdrawn. The Board shall provide notice
										to the applicant that the application has been deemed withdrawn.
(e)
For applications that have been pending for more than three (3)
										years prior to
June 5, 2000,
the Board shall provide written notice to the applicant at the
										applicant's last-known address that the application shall be deemed withdrawn and the priority date based on
										the original filing date shall be lost unless the applicant provides notice of the application as instructed
										by the Board. The Board shall provide an opportunity for a hearing if requested in order for the applicant to
										show cause why:
(1)
notice should not be published,
										and
(2)
the application should not be deemed
										withdrawn and the priority date lost.
(3)
Cause
										may be shown by substantial competent evidence that:
(A)
the applicant has been diligently pursuing plans for the project for which the water is proposed to
										be used,
(B)
construction of the project is
										still practical, and
(C)
the applicant is still
										able to complete the project.
(4)
If
										the Board receives no response to the notice, the application shall be deemed withdrawn and priority date
										lost.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 3 - Application Requirements and Processing › Section 785:20-3-10 - Telecopier submittals

Current through Vol. 41, No. 20, July 1, 2024
Legible facsimile copies of applications, amendments to applications and
											  corrections to applications will be accepted by the Board. The date and time of receipt of a facsimile copy
											  of an application shall establish the priority date of filing as described in
											  785:20-3-7.
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 785:20-5-1 - Notice of application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application notice.
Notice of the application, including
										hearing date, time and place if scheduled prior to notice, shall be provided by the applicant as required by
										law and Board instructions. Accuracy and adequacy of notice shall be the responsibility of the
										applicant.
(b)
Proof of notice.
Adequate proof that
										notice was provided as instructed by the Board shall be submitted to the Board by the applicant within
										fifteen days after the last date of publication or as otherwise directed by the Board. Such proof shall show
										the dates on which said notice was published in the newspaper.
(c)
Failure to give adequate notice.
If adequate proof of
										notice is not provided by the applicant, the application may be dismissed and the application fee
										forfeited.
(d)
Revised published notice of
										application.
The Board may require a revised notice to be published at the applicant's expense in case
										material error is made, or if the applicant makes substantial revisions to his application after notice of
										the original application.
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 2671, eff 7-1-95; Amended at 13 Ok Reg
											  2853, eff 7-1-96; 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 785:20-5-2 - Affidavit of notice publication [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg 2917, eff
											  6-13-94; Revoked at 13 Ok Reg 2853, eff 7-1-96
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 785:20-5-3 - Protests and hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
If the Board does not schedule a hearing on the application
										before instructing the applicant to publish notice, a hearing shall be scheduled by the Board upon receipt of
										a protest which meets the requirements of
Section
										785:4-5-4.
The Board shall notify the applicant and protestant of such hearing
. Any interested party
										shall have the right to protest any application and appear and present evidence and testimony in support of
										such protest [82:105.11] at the hearing thereon. If, after the application is deemed complete, the
										application cannot be recommended to the Board for approval, the applicant shall be notified and shall be
										given an opportunity for hearing.
(b) Protests shall be made and
										hearings conducted in accordance with Chapter 4 of this Title.
(c) Even if no protest to the application is received, the applicant shall
										be advised and shall be given an opportunity for a hearing if the application cannot be recommended to the
										Board.
(d) For a limited quantity permit application, interested
										persons may submit written comments. A hearing on such application may be required by the Executive Director
										pursuant to
										785:20-7-1(f)
										if it is shown that a significant public interest or property right would be affected by approval of the
										application.
Amended at 11 Ok Reg 2917, eff
											  6-13-94; Amended at 13 Ok Reg 2853, eff 7-1-96; Amended at 13 Ok Reg 3911, eff 8-7-96 (emergency); 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 785:20-5-4 - Board determination and approval of application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Elements of statute.
Before
										taking final action on the application, the Board shall determine from the evidence presented whether:
(1)
Unappropriated water is available in the amount applied
										for
[82:105.12(A)(1)] (as set forth in
										785:20-5-5(a)
										and (b) );
(2)
The
										applicant has a present or future need for the water and the use to which applicant intends to put the water
										is a beneficial use. In making this determination, the Board shall consider the availability of all stream
										water sources and such other relevant matters as the Board deems appropriate, and may consider the
										availability of groundwater as an alternative source
[82:105.12(A)(2)] as set forth in
										785:20-5-5(c);
(3)
The proposed use does not interfere with domestic or existing
										appropritive uses
[82:105.12(A)(3)] as set forth in
										785:20-5-5(d);
										and
(4)
If the application is for the transportation of
										water for use outside the stream system wherein the water originates,
[82:105.12(A)(4)] the
										provisions of Section
										785:20-5-6
										are met.
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 785:20-5-5 - Factors relating to statutory elements for application approval

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determination of
										water available for appropriation from a stream.
(1) For direct
										diversions from a stream, the determination of water available for appropriation shall take into
										consideration the mean annual precipitation run-off in the watershed above the point(s) of diversion, the
										mean annual flow, stream gauge measurements, domestic uses and all existing appropriations and other
										designated purposes in the stream system. The Board may consider other evidence or laws relating to stream
										flow or elevation, including but not limited to apportionment provisions of interstate stream compacts to
										which the State of Oklahoma is a party and the Oklahoma Scenic Rivers Act.
(2) Absent the presentation of more accurate evidence to the contrary, the
										Board shall estimate the amount of water required to satisfy domestic use to be six (6) acre-feet per
										household per year or three (3) acre-feet per non-household domestic use.
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 785:20-5-6 - Approval of application for out-of-stream system use

Current through Vol. 41, No. 20, July 1, 2024
(a) In considering applications for the
										transportation and use of water outside the stream system where the water originates, the following
										provisions are applicable:
(1)
The proposed use must not interfere
										with existing or proposed beneficial uses within the stream system and the needs of the water users therein.
										In making this determination, the Board shall utilize the review conducted pursuant
[82:105.12(A)
										(4)] to (b) of this Section.
(2)
In the granting of water
										rights for the transportation of water for use outside the stream system wherein water originates, pending
										applications to use water within such stream system shall first be considered in order to assure that
										applicants within such stream system shall have all of the water required to adequately supply their
										beneficial uses.
[82:105.12(B)]