Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 30 - Taking and Use of Groundwater › Subchapter 3 - Permit Application Requirements and Processing › Section 785:30-3-4 - 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. Unless otherwise directed by the Board, such notice shall be published once a
										week for two consecutive weeks in a newspaper of general circulation in the county where each existing or
										proposed well is located. Notice shall also be provided by certified mail to all surface estate owners of
										lands located within one-thousand three hundred twenty feet (1,320') from actual locations of existing or
										proposed wells shown on the application plat and from the outside boundaries of any potential well areas
										shown on the application plat. 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 newspaper publication, or as otherwise directed by the Board. Such proof
										shall show the dates on which said notice was published in such newspaper and that the applicant did properly
										notify the surface estate owners as instructed.
(c)
Failure
										to give adequate notice.
If adequate notice and proof of notice is not provided by the applicant, the
										application may be dismissed and the application fee forfeited.
(d)
Revised published notice of hearing.
The Board may require
										a revised notice to be published at the applicant's expense in case material error or deviation is made in
										the description of the land, the well location,
or the manner in which a protest to the application
										may be made
[82:1020.8], or if the applicant makes substantial amendments to his application after
										notice of the original application, or fails to effect proper publication in any manner.
(e)
Protests and hearings.
(1) If the Board does not schedule a hearing on the application before
										instructing the applicant to provide notice, a hearing on the application shall be scheduled by the Board
										upon receipt of a protest which meets the requirements of Section
										785:4-5-4, and
										the Board shall notify the applicant and protestant of such hearing [82:1020.8].
(2) Any interested person shall have the right to protest said application
										and present evidence and testimony in support of such protest. Such protests shall be made in accordance with
										Chapter 4 of this Title.
(3) Even if no protest is received, the
										applicant shall be advised and given opportunity for hearing if the application cannot be recommended for
										approval to the Board.
(4) For limited quantity permit
										applications, interested persons may submit written comments about the application. A hearing on such
										application may be required by the Executive Director pursuant to
										785:30-5-4.1(d) if it
										is shown that a significant public interest or property right would be affected by approval of the
										application.