Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 20 - Appropriation and Use of Stream Water › Subchapter 1 - General Provisions › Section 785:20-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter of this Title,
											  shall have the following meaning, unless the context clearly indicates otherwise:
"Agricultural use"
means water used for livestock, poultry,
											  fish farms, fish hatcheries, veterinary services, feed lots, etc. (see also "Irrigation use").
"Application"
means a formal request to the Board and the
											  first step required by law to acquire the right to perform or engage in activities regulated by the
											  Board.
"Appropriation"
means the process under 82 O.S. 1981,
											  §§105 et seq., by which an appropriative stream water right is acquired. A completed appropriation
											  results in an appropriative right.
"Appropriative right to stream water"
means the right
											  acquired under the procedure provided by law to take a specific quantity of public water, by direct diversion
											  from a stream, an impoundment thereon, or a playa lake, and to apply such water to a specific beneficial use
											  or uses.
"Beneficial use"
means the use of such quantity of stream or
											  groundwater when reasonable intelligence and reasonable diligence are exercised in its application for a
											  lawful purpose and as is economically necessary for that purpose. Beneficial uses include but are not limited
											  to municipal, industrial, agricultural, irrigation, recreation, fish and wildlife, etc.
"Board"
means the Oklahoma Water Resources Board authorized
											  by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set
											  forth by law or, duties authorized by law to be delegated to the Executive Director, or any employee or agent
											  or staff member thereof as assigned by the Executive Director.
"Commercial use"
means use which includes but is not limited
											  to water for businesses, industrial parks, laundries, cafes, motels/hotels, institutions, food processing and
											  water used in the transportation of metal ores and non-metals by pipelines.
"Consumptive use"
means use of water which diverts it from a
											  water supply.
"Definite stream"
means a
watercourse in a definite,
											  natural channel, with defined beds and banks, originating from a definite source or sources of supply. The
											  stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply
											  in the area.
[82:105.1(A)]
"Diffused surface water"
means water that occurs, in its
											  natural state, in places on the surface of the ground other than in a definite stream or lake or pond.
"Domestic use"
means the use of water by a natural
											  individual or by a family or household for household purposes, for farm and domestic animals up to the normal
											  grazing capacity
of the land whether or not the animals are actually owned by such natural individual
											  or family,
and for the irrigation of land not exceeding a total of three (3) acres in area for the
											  growing of gardens, orchards, and lawns
[82:105.1(B)]. Domestic use also includes:
(1) the use of water for agriculture purposes by natural individuals,
(2) use of water for fire protection, and
(3) the use of water by non-household entities for drinking water
											  purposes, restroom use, and the watering of lawns, provided that the amount of stream water used for any such
											  purposes does not exceed five acre-feet per year.
"Enhanced recovery of oil and gas"
means a long-term process
											  using fresh water to recover substantial quantities of additional oil or gas which would not be recoverable
											  under ordinary primary methods or under short-term stimulation techniques. This definition applies to all
											  non-primary forms of oil and gas recovery including but not limited to secondary, tertiary, or other enhanced
											  recovery operations.
"Excess or surplus water"
means water in excess of the
											  appropriator's present and reasonable future need. For purposes of 82 O.S. 1981, §§1086.1 et seq.,
											  "excess or surplus water" shall mean that amount of water which is greater than the present or reasonable
											  foreseeable future water requirements needed to satisfy all beneficial uses within an area of origin.
"Industrial use"
means the use of water in processes
											  designed to convert materials of a lower order of value into forms having greater usability and commercial
											  value.
"Interested party"
means party.
"Irrigation use"
means use of water for the production of
											  food, fiber, crops, timber, fruits, nuts; and water applied to pastures, fields, landscaping, horticultural
											  services, and golf courses.
"Mining use"
means any use wherein the water is applied to
											  mining processes including but not limited to oil and gas recovery operations, for drilling and reworking
											  wells, and for conducting oil and gas field operations.
"Municipal and rural water use"
means the use of water by a
											  municipality, rural water district, water corporations, or community for the promotion and protection of
											  safety, health and comfort; distribution to natural persons for the maintenance of life and property; public
											  and private business pursuits; and the furtherance of all generally recognized municipal purposes, except
											  large recreational uses such as lakes unless in conjunction with other uses.
"Notice by publication"
means, unless otherwise specifically
											  provided, publication in a daily or weekly newspaper of general circulation once a week for two (2)
											  consecutive weeks (minimum seven day interval).
"Party"
means
a person or agency named and
											  participating, or properly seeking and entitled by law to participate
[75:250.3(7)], in hearings
											  other than hearings on Board rules, regulations and standards.
"Permittee"
means the person to whom a permit to use water
											  has been issued by the Board or the person to whom such permit has been duly and properly transferred under
											  Board rules.
"Permit to appropriate stream water"
means the specific
											  written authorization to construct works and make an appropriation of stream water which is issued to the one
											  whose application for a permit has been approved by the Board. Types of stream water permits include regular,
											  seasonal, temporary, term, and provisional temporary.
"Person"
means any individual, firm, partnership,
											  association, corporation, business or public trusts, federal agency, state agency, the State or any political
											  subdivision thereof, municipalities, and any other duly constituted legal entity.
"Power use"
means water used for power generation,
											  including, but not limited to, fossil-fueled electric power generation and hydroelectric power
											  generation.
"Priority"
means an appropriative stream water right, which
											  is governed by the time the right is filed, is the superiority of a right over all later appropriative rights
											  that attach to the same water supply when the aggregate quantities of water available are not sufficient to
											  satisfy the aggregate rights which attach to such a water supply. The date of priority is the date the right
											  accrues.
"Public water supply"
means use of water for drinking water
											  purposes by housing developments, trailer parks, churches, schools, etc., other than water used for
											  "municipal or rural water use".
"Recreation, fish and wildlife use"
means the use of water
											  for swimming, water skiing, boating, fishing, hunting or other forms of water recreation, and water for fish
											  and wildlife conservation.
"Return water or return flow"
means the portion of water
											  diverted from a water supply which finds its way back into a watercourse.
"Reservoir"
means any surface depression which contains or
											  will contain the water impounded by a dam.
"Stream system"
means the drainage area of a watercourse or
											  series of watercourses which converge in a large watercourse the boundaries of which have been defined and
											  which has been designated by the Board as a stream system.
"Stream sub-system"
means the drainage area of a portion of
											  a stream system.
"Stream water"
means water in a definite stream and includes
											  but is not limited to water in ponds, lakes, reservoirs and playa lakes.
"Unappropriated water available"
means water available for
											  appropriation which is the amount of water within a particular stream system, stream sub-system, or watershed
											  available for appropriation as determined by the Board at a proposed point of diversion and/or from a
											  specific water supply which currently is not appropriated.
"Vested stream water right or vested right"
means the right
											  established by the beneficial use of stream water from a water supply prior to the enactment and pursuant to
											  the provisions of 82 O.S. Supp. 1963, §1 et seq., and the rules and regulations of the Board.
"Waste"
means use of water in such an inefficient manner
											  that excessive losses occur or any manner that is not a beneficial use or use of water in excess of the
											  amount which is authorized by the water right.
"Watershed"
means the boundaries of a drainage area of a
											  watercourse or series of watercourses which diverge above a designated location or diversion point, as
											  determined by the Board.
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; Amended at 16 Ok Reg 410, eff 10-22-98 (emergency); Amended at 16 Ok Reg 2682, eff 7-1-99;
											  Amended at 25 Ok Reg 1438, eff 5-27-08