Title 82 — Title 82 — Waters and Water Rights

As used in Section 1020.1 et seq. of this title: 1. "Groundwater" means fresh water and marginal water under the surface of the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any definite stream; 2. "Domestic use" means the us…

groundwater permits. A. The procedures provided for in this chapter for the granting of regular permits shall be applicable to the granting of temporary or special permits except that the determination of the maximum annual yield shall not be a condition precedent. Provided a pro…

A. Regular Permit. A regular permit is an authorization to put groundwater to beneficial use for other than domestic purposes. The regular permit shall be granted only after completion of the hydrologic survey and determination of the maximum annual yield for the appropriate basi…

2011.

A. Holders of permits shall be required to report to the Oklahoma Water Resources Board annually their use of water pursuant to their permits. Willful failure to report annual usage may result in cancellation of the permit by the Board upon proper notice and hearing as provided i…

The Board may accept the surrender of ground water permits by the holder thereof pursuant to rules and regulations adopted by the Board. Added by Laws 1972, c. 248, § 13, eff. July 1, 1973.

Nothing in this act shall be construed to deprive any person of any right to the use of ground water in such quantities and amounts as were used or were entitled to be used prior to the enactment hereof. Any person having the right to place ground water to beneficial use prior to…

A. The Oklahoma Water Resources Board shall not permit any groundwater user to commit waste by: 1. Drilling a well, taking, or using groundwater without a permit, except for domestic use; 2. Taking more groundwater than is authorized by the permit; 3. Taking or using groundwater …

- Deposit of fees - Penalties. A. All persons engaged in the commercial drilling or commercial plugging of groundwater wells, monitoring wells, observation wells, wells utilized for heat exchange purposes, including but not limited to heat pump wells and geothermal wells, and in …

The Board may promulgate rules under Article I of the Administrative Procedures Act which establish a proper spacing of wells which, in its judgment, is necessary to an orderly withdrawal of water in relation to the allocation, by regular permits and temporary permits, of water t…

When it is shown in an individual proceeding that to require the drilling of a well at the prescribed location should be inequitable or unreasonable and that criteria and conditions established by the Board in rules are met, the Board shall authorize a well location exception and…

Upon request of a majority of the landowners residing within a basin or subbasin, the Board is authorized to require that water wells be metered and that such meters as the Board shall approve be utilized by the applicant and placed under seal, subject to reading by the agents of…

A. It is hereby declared to be the public policy of this state, in the interest of the agricultural stability, domestic, municipal, industrial and other beneficial uses, general economy, health and welfare of the state and its citizens, to utilize the ground water resources of th…

production purposes. The owners of land and the Commissioners of the Land Office are authorized to unitize and communitize lands for the purpose of production of water therefrom; provided, the production therefrom does not exceed the maximum annual yield. Added by Laws 1972, c. 2…

A municipality has the authority to regulate or permit the drilling of domestic and industrial water wells within its corporate limits. A municipality may use the water allocated to the platted land within its corporate limits provided the municipality can make water available to…

A. Except as otherwise provided by subsection C of this section, any person who, after notice from the Oklahoma Water Resources Board, violates or refuses or neglects to comply with any provision of Sections 1020.1 through 1020.21 of this title, or any permit condition, or of any…

supply. A. The ability to take and use marginal water has the potential to augment water supply in many areas of Oklahoma. Therefore, the taking and use of marginal water in accordance with the Oklahoma Groundwater Law and the rules of the Oklahoma Water Resources Board shall be …

A. The storage and recovery of water from an aquifer, pursuant to a site-specific aquifer storage and recovery plan approved by the Oklahoma Water Resources Board, shall be considered a beneficial use and not waste. Except as provided in this section and Section 1020.15 of Title …

Any landowner has a right to take ground water from land owned by him for domestic use without a permit. Wells for domestic use shall not be subject to well spacing orders, but are subject to sanctions against waste. Added by Laws 1972, c. 248, § 3, eff. July 1, 1973.

A. Prior to making orders establishing the tentative maximum annual yield for major groundwater basins or subbasins therein, the Oklahoma Water Resources Board shall make hydrologic surveys and investigations. B. Prior to making orders establishing the tentative maximum annual yi…

A. After completing the hydrologic survey, the Board shall make a tentative determination of the maximum annual yield of groundwater to be produced from each ground water basin or subbasin therein. Such determination must be based upon the following: 1. The total land area overly…

A. Once the Board has set a tentative maximum annual yield for the groundwater basin or subbasin, the Board shall call and hold hearings at centrally located places within the area of the major groundwater basin or subbasin or in the county for minor groundwater basins or subbasi…

Any person intending to use groundwater shall make application to the Board for an appropriate permit as provided in Section 1020.11 of this title before commencing any drilling for such purposes and before taking water from any completed well heretofore drilled. Such application…

A. Except as otherwise provided by Section 1020.10 of this title for limited quantity groundwater permits, upon the filing of an application which complies with the provisions of Chapter 11 of this title, and the rules promulgated by the Oklahoma Water Resources Board pursuant th…

A. 1. Before the Oklahoma Water Resources Board takes final action on an application, the Board shall determine from the evidence presented, from the hydrologic surveys or reports and from other relevant data available to the Board and applicant, whether: a. the lands owned or le…

- Moratorium on issuance of certain temporary permits. A. The Legislature finds that a moratorium is necessary on the issuance of certain temporary permits on certain sensitive sole source groundwater basins or subbasins to protect the health, safety and welfare of the people of …

subdivisions - Prohibition of contract or agreement for use of groundwater from sensitive sole source groundwater basin. A. A moratorium is hereby established on any municipality or other political subdivision of this state prohibiting any such entity from entering into a contrac…

that may affect sensitive sole source groundwater basin or subbasins. A. For the purposes of this section, a "subject mine" shall mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, that overlies a sensitive sole source groundwater basin or…

This act shall be known and may be cited as the "Groundwater Irrigation District Act". Added by Laws 2019, c. 324, § 1, eff. Nov. 1, 2019.

As used in this act: 1. "Board" means the Oklahoma Water Resources Board; 2. "District" means a groundwater irrigation district; 3. "District board" means the board of a groundwater irrigation district; and 4. "Permit holder" means a person who possesses a permit to use groundwat…

– Composition of districts. A. If ten individual permit holders in a proposed groundwater irrigation district desire to provide for the betterment of and the assistance and procurement of conservation grant funding for groundwater irrigation of such irrigable lands, the holders m…

The petition shall be signed by the petitioners, filed with the county commissioners of a petitioning county and the county commissioners of a participating adjacent county within the proposed district, and shall contain the following information: 1. A specific description of the…

petition. A. After receipt of the petition, the county commissioners and the county commissioners of any participating adjacent county shall: 1. Verify the authenticity of each signatory whose address is located within the county; 2. Coordinate with the Oklahoma Water Resources B…

At the time and place established by the county commissioners and the county commissioners of any participating adjacent county for the first meeting of the initial district board, the initial district board shall adopt bylaws. In addition to any other provisions normally and pro…

The Oklahoma Water Resources Board may promulgate rules to enforce the provisions of this act. Added by Laws 2019, c. 324, § 7, eff. Nov. 1, 2019.

As used in Sections 105.2 through 105.32 of this title: 1. "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 t…

A. 1. The date of receipt of an application for use of stream water in the office of the Oklahoma Water Resources Board shall be endorsed and shall be noted in the records of the Board. 2. If the application is defective as to form or unsatisfactory as to feasibility or safety of…

A. Except as otherwise provided by Section 105.13 of this title for limited quantity stream water permits, upon the acceptance of an application which complies with the provisions of Chapter 1 of this title, and the rules promulgated by the Oklahoma Water Resources Board pursuant…

Board – Use of water outside the state. A. In order to protect the public welfare of the citizens of Oklahoma and before the Oklahoma Water Resources Board takes final action on the application, the Board shall determine from the evidence presented whether: 1. There is unappropri…

A. The State of Oklahoma has long recognized the importance of the conservation and preservation of its public waters and the necessity to maintain adequate supplies for the present and future water requirements of the state and to protect the public welfare of its citizens, and …

Limited quantity stream water permits. A. The Oklahoma Water Resources Board is authorized to issue, in addition to regular permits, seasonal, temporary, term or provisional temporary permits at any time the Board finds such issuance will not impair or interfere with domestic use…

amount - Appeal. If, in the opinion of the Board, the applicant fails to establish the three requirements of Section 12, it shall reject the application. It shall notify the applicant of the rejection and the reason for its action. In the absence of appeal as provided by this act…

A. Any permit shall expire unless the applicant begins construction of the works within two (2) years of the issuance of the permit by the Board. The Board may, as necessary and deemed appropriate under the circumstances, extend the time for the beginning of construction beyond t…

A. Unless a schedule of use is provided by the Board as authorized in this section, 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 less than seven (7) years. B. If, upon evidence presen…

use by permit holders. A. To the extent that the water authorized is not put to beneficial use as provided by the terms of the permit, that amount not so used shall be forfeited by the holder of the permit and shall become public water and available for appropriation. B. When the…

A. When the Board has reasonable cause to believe that the right to use water has been lost in whole or in part, as provided in Section 105.17 of this title, the Board may proceed to cancel administratively such right by notifying the claimant of such right, or his latest success…

The Board may accept the surrender of any water right by the holder thereof pursuant to rules and regulations adopted by the Board. Laws 1972, c. 256, § 19.

It is the intent of the Oklahoma Legislature that the purpose of Section 105.1 through Section 105.32 of this title is to provide for stability and certainty in water rights by replacing the incompatible dual systems of riparian and appropriative water rights which governed the u…

A. Beneficial use shall be the basis, the measure and the limit of the right to the use of water; provided, that water taken for domestic use shall not be subject to the provisions of this act, except as provided in Section 105.5 of this title. Any person has the right to take wa…

A. 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 cha…