Title 82 — Title 82 — Waters and Water Rights

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…

All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used: Provided, that if for any reason it should at any time become impracticable to beneficially or economically use water for the irrigation of any land to which the right…

Any appropriator of water including but not limited to one who uses water for irrigation, may use the same for other than the purposes for which it was appropriated, or may change the place of diversion, storage or use, in the manner and under the conditions prescribed for the tr…

to land. Any permit to appropriate water may be assigned, but no assignment shall be binding, except upon the parties thereto, unless filed for record in the office of the Board. The evidence of the right to use water from any works constructed by the United States or its duly au…

On the date set for the completion of the work, or prior thereto, upon notice from the owner that the work has been completed, the Board shall cause the work to be inspected after due notice to the owner of the permit. Such inspection shall be thorough and complete, in order to d…

When the works are found in satisfactory condition, after inspection, the Board shall issue a certificate of completion of construction, setting forth the actual capacity of the works and such limitations upon the water right as shall be warranted by the condition of the works, b…

subject to inspection. If the Board shall, in the course of its duties, find that any works used for storage, diversion or carriage of water are unsafe and a menace to life and property, it shall at once notify the owner or his agent, specifying the changes necessary and allowing…

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…

A. Whenever the proper officers of the United States, authorized by law to construct works for the utilization of waters within the state, shall notify the Board that the United States intends to utilize certain specified waters, the water so described, and unappropriated at the …

Any person, corporation or association may exercise the right of eminent domain to acquire right-of-way for the storage or conveyance of water for beneficial use, including the right to enlarge existing structures, and use the same in common with the former owner. Such right-of-w…

emergency. In case of national emergency, such as war, during periods when materials for the construction of projects as herein contemplated by the United States may not be available, such periods of emergency shall not be chargeable to the maximum period provided for the constru…

public. The records of the office of the Board shall be public records, shall remain on file in its office and shall be open to the inspection of the public at all times during business hours. Such records shall show in full all lists of vested water rights in the several stream …

dates. The codifying and renumbering of the several sections of Chapter 1 in Title 82 of the Oklahoma Statutes shall not alter their effectiveness by the adoption of this act; nor shall this act with its several amendments to existing law be deemed to reestablish any water rights…

Water turned into any natural or artificial watercourse by any party entitled to the use of such water may be reclaimed below and diverted therefrom by such party, subject to existing rights, due allowance for losses being made by the Board. Laws 1972, c. 256, § 4.

Any person having a right to the use of water from a stream as defined by this act or Section 60 in Title 60 of the Oklahoma Statutes 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 comp…

When the Board determines the best interests of the claimants to the use of water from a stream system will be served by a determination of all rights to the use of water of such system, the Board may institute a suit on behalf of the state for the determination of all rights to …

In any suit for the determination of rights to the use of the waters of any stream, brought pursuant to Section 6, any person who is using or who has used water from the stream or who claims the right or who might claim the right to use water from the stream may be made a party t…

Upon the adjudication of the rights of the use of the waters of a stream system, two or more certified copies of the decree shall be prepared by the clerk of the court, at the cost of the parties, and one copy shall be filed in the office of the Board and the other in the office …

Any person, firm, corporation, state or federal governmental agency, or subdivision thereof, intending to acquire the right to the beneficial use of any water shall, before commencing any construction for such purposes or before taking the same from any constructed works, make an…

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water…

Wherever used in this title the following terms shall have the respective meanings hereinafter set forth or indicated, unless the context otherwise requires: 1. "Pollution" means contamination or other alteration of the physical, chemical or biological properties of any natural w…

Removal - Vacancies - Oath - Officers. A. There is hereby created the Oklahoma Water Resources Board, hereinafter referred to as the Board, consisting of nine (9) members to be appointed by the Governor, by and with the advice and consent of the Senate. The Board shall constitute…

In the exercise of all powers and performance of all duties provided in this act, the Oklahoma Water Resources Board shall comply with the procedures provided in the Administrative Procedures Act. Appeals shall be taken as provided in said act. The Oklahoma Water Resources Board …

The Oklahoma Water Resources Board shall compile, index and publish all available data concerning the water resources of this state in forms that will be accessible for use by any citizen of this state. Such information shall include rainfall reports and other precipitation data;…

duties. A. The Oklahoma Water Resources Board shall appoint an Executive Director, who shall have had at least six (6) years practical and administrative experience in water resource management and fix his or her duties and compensation. The Board is specifically authorized to de…

Board; absence or vacancy. For intrastate or interstate compacts or commissions on which the Executive Director of the Oklahoma Water Resources Board is a member or otherwise is required to perform specified services, the Executive Director, in the event of the Executive Director…

If the Attorney General shall seek redress on behalf of the state as provided for in the Administrative Procedures Act, the Oklahoma Water Resources Board is empowered to appoint a special counsel for such proceedings. Added by Laws 1972, c. 253, § 13.

proposals. In addition to its other powers, the Oklahoma Water Resources Board is authorized and directed, within the limits of funds available to it, to engage in a continuing study of the water laws of this state, and of changes therein required in order to carry out to the gre…

All state institutions, agencies, departments, boards and officers are hereby authorized and directed to cooperate with the Oklahoma Water Resources Board in all matters relating to its duties. Added by Laws 1972, c. 253, § 15.

If any water distribution systems or districts or county water improvement districts have ever been formed, any easements or property are transferred to the Oklahoma Water Resources Board for release of easements. All districts heretofore formed pursuant to the provisions of Sect…

It is hereby declared to be the policy of the State of Oklahoma to encourage and promote the optimum development and utilization of all feasible reservoir sites or areas within this state which may be suitable and usable for the conservation storage of the waters of this state by…

There is hereby created a body corporate and politic to be known as the Water Conservation Storage Commission which may sue and be sued and plead and be impleaded. The Commission, where necessary to promote the optimum development and utilization of reservoir sites, shall have th…

The Commission shall meet on the call of the Commission Chairman upon five (5) days' written notice to each member from the secretary, except that a meeting may be held without notice whenever those not attending waive in writing or by telegram addressed to the secretary of the C…

In addition to any and all other authority conferred upon it by law, the Oklahoma Water Resources Board shall also have authority: 1. Generally to do all such things as in its judgment may be necessary, proper or expedient in the accomplishment of its duties; 2. To make such cont…

surplus water. It shall be the duty of the Commission to review any proposed project or plan whereby waters of this state are to be collected, stored or retained for any purpose by any dam, reservoir or other structure constructed or caused to be constructed by the United States …

reimbursement. Whenever any project or plan for the construction or enlargement of any dam, reservoir or other structure includes within its design and specifications provisions for the development of water supplies for domestic, municipal, agricultural, industrial and other purp…

For the purpose of providing water for municipal, agricultural, industrial and other uses the Commission is required to sell, transfer or lease, in whole or in part, any acquired storage facilities including land or interests therein to any municipality, industry or other local i…

certificates. There is hereby created in the State Treasury a Water Conservation Storage Fund, which fund shall be used by the Commission for those purposes authorized by this act. To provide necessary funds the Commission is hereby authorized to issue investment certificates fro…

A. The State Treasurer of the State of Oklahoma is hereby authorized and required to purchase from the Water Conservation Storage Commission at private sale not to exceed at any one time One Million Five Hundred Thousand Dollars ($1,500,000.00) in said investment certificates, or…

Incontestability. Within ten (10) days after the sale or sales of said investment certificates, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authoriza…

A. The Chairman and secretary, acting in behalf of the Commission, shall execute all investment certificates issued by the Commission and all contracts awarded by the Commission after approval of the form thereof by the Commission and the Attorney General. B. All invoices, bills …

All legal services required by the Commission shall be performed by the Attorney General and his staff, or by the attorney for the Commission. Added by Laws 1972, c. 253, § 27.

of water storage costs. The Water Conservation Storage Commission of the State of Oklahoma is hereby authorized to contract with the Secretary of Agriculture, pursuant to the provisions of the Federal Watershed Protection and Flood Prevention Act as amended (16 U.S.C. Sections 10…

agency. The Oklahoma Water Resources Board is hereby designated as the state agency to administer, receive, and manage all programs and funds associated with Section 314 or other applicable sections of the Federal Clean Water Act or other subsequent state and federal clean lakes …

A. For the purposes of the Oklahoma Water Resources Board, seasonal employees employed by the Board who work less than nine hundred ninety-nine (999) hours in a twelve-month period shall be considered temporary employees and shall be unclassified. The Board may employ seasonal em…

The Oklahoma Water Resources Board shall, from time to time as may be necessary for the economical and satisfactory apportionment of the water, divide the state in conformity with the drainage areas, into water districts to be designated by name and to comprise, as far as possibl…

OS 82-1085.30v1 (HB 3824, Laws 2022, c. 113, § 4). OS 82-1085.30v2 (SB 1325, Laws 2022, c. 185, § 6; renumbered as § 2- 6-103.2 of Title 27A by HB 1982, Laws 2023, c. 164, § 4, eff. Nov. 1, 2023).

c. 164, § 5, eff. Nov. 1, 2023.

c. 164, § 4, eff. Nov. 1, 2023.

It is hereby declared to be the policy of the state to encourage and promote theoptimum development and utilization of all feasible reservoir sites or areas within this state which may be suitable and usable for the conservation storage of the waters of this state by the construc…