Title: Oklahoma Water and Water Rights and Statutes Annotated, Title 82
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004758/00001
 Material Information
Title: Oklahoma Water and Water Rights and Statutes Annotated, Title 82
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Oklahoma Water and Water Rights and Statutes Annotated, Title 82
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 10
General Note: Box 29, Folder 1 ( Water Statues - Other States ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004758
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
O ,A2 A TATuC931 W S S Aww woTA-r I

S32 937.1 WATERS AND WATER RIGHTS Wujcr 4 Wov *4s4


WATERS AND WATER IRIGIITS


82 970


of the state. Nothing contained herein shall be construed to abridge or
alter rights of action or remedies in equity under the common law or stat-
utory law, criminal or civil, nor shall any provisions of this act, or any
act done by virtue thereof, be construed as stopping the state or any mu-
nicipality or person affected by pollution, in the exercise of their rights
in equity or under the common law or statutory law, to suppress nuisances
or to abate pollution.

(b) No civil or criminal remedy for any wrongful action which is a
violation of any rule or regulation of the Board shall be excluded or im-
paired by the provisions of this act.
Laws 1971, c. 338, 11, operative July 1, 1971.
Library references
Health and Environment (*28.
C.J.S. Health 21.

937.2 Record of variances
A record of each variance granted pursuant to state pollution control
laws, rules or regulations shall be forwarded by the granting authority
to the Pollution Control Coordinating Board. Such record shall contain
information specified by the Board and shall be submitted on standard
forms prescribed by the Board. Such records shall be maintained by the
Board in a permanent file which shall be a matter of public record.
Laws 1971, c. 338, 12, operative July 1, 1971.

037.3 Regulations and orders validated
Any regulations adopted or orders issued by the Department of Pollu-
tion Control, State Health Department, Water Resources Board, Wildlife
Department, Corporation Commission or Department of Agriculture and
effective in any pollution control program in any part of the state on the
effective date of this act are hereby validated as though adopted pursuant
to the provisions of this act and shall continue in effect.
Laws 1971, c. 338, 13, operative July 1, 1971.

937.4 Legal proceedings not abated
No legal proceedings shall be abated because of any transfers made In
this act, but the appropriate party exercising like authority or perform-
ing like duties or functions shall be substituted in said proceedings.
Laws 1971, e. 338, 14, operative July 1, 1971.

937,5 Studies and recommendations
The Board is instructed to continue to study the feasibility of combin-
ing the pollution control activities of the various state agencies and shall
submit a report to the Senate and House by January 10 each year as to
any recommendations which would eliminate duplications or economize
existing programs. The Board shall not employ personnel or perform
services in pollution control currently assigned to another state agency
without first alttrnatively stating of record that said agency is not ef-
fectively dealing with pollution problems for which said agency is respon-
sible. It shall then be the duty of the Board to immediately thereafter
recommend to the Legislature that such agency, failing to adequately
perform Its responsibility in eliminating pollution as required by proper
rules and regulations or under the law, not have its appropriation sub-
sequently renewed as respects said pollution control responsibility. The
Legislature, in such event, shall not appropriate funds to said agency
found by the Legislature to be negligent or improperly performing as-
signed duties in pollution control.
1 ,'. : 1971 C 3"I, 0 15. iprth'v JIulv 1, 1971.


940. Designation of Pollution Control Coordinating Board as agency
to receive federal funds
The Pollution Control Coordinating Board is hereby designated as the
proper agency to receive or accept any federal agency grants for or in aid
of planning for a Pollution Control Program of the Upper Red River


Basin.
Laws 1971, p. 1018, H.J.R.No.1003,
Preamble:
Laws 1971. p. 1017. H.J.R.No.1003 con-
tained the following preamble:
WirE.KnAS, the State of Oklahonaii is
jointly concerned with the Slate of Tex-
as in the preservation of the resources
and the prevention of pollution of the
Upper Red River llasin consisting of the
drainage area of the Red River and its
tributaries above Denlson Dam; and
WJImPlAS. research is needed to gather
information and data to establish a
workable program for the prevention of
pollution of the Upper liid River Basin
with our neighboring State of Texas and
assistance for research and planning of
such a Irl.gr ain can be obtained through
matching federal funds; and
WVIIE NAS. a joint application by the
State of Oklahoma arid the State of Tex-
as for federal assistance is required to
provide such federal matching funds as
can be obtained for the planning for pol-
lution control; and


1, emerg. eff. April 6, 1971.
WHEREAS, the Pollution Control Coor-
dinating Board, created by Section 932
in Title 82 of the Oklahoma Statutes,
having as its members representatives
of five state agencies working for the
preservation of our resources and the
prevention of pollution, is the proper
agency to apply for and administer such
federal and state funds as are obtained.
Title of Resolution:
A Joint Resolution designating the
Pollution Control Coordinating Bonrd as
the proper agency to receive and admin-
ister certain federal grants; directing
said loard to make joint application for
certain federal funds with the State of
Texas for the planning of a Pollution
Control Program; directing the Board
to make use of existing agencies: and
declaring an emergency. Laws 1971, p.
1018, II.J.R.No.1003.
Library references
States C=73.
C.J.S. States i 60 et seq.


941. Application for federal matching funds
That the Pollution Control Board is directed to make application with
the State of Texas or their authorized representative for federal matching
funds for the purpose for which such grants or contributions may be made.
Laws 1971, p. 1018, H.J.R.No.1003, 2, emerg. eff. April 6, 1971.
Library references
United States C=:82.
C.J.S. United States 1 122.
942. Use of existing agencies-Information obtained
The Pollution Control Coordinating Board is directed to use such state
agencies as are now in existence or shall come into existence as are feasi-
ble to effectuate the purpose of this Resolution. Any research or infor-
mation that may become available to this agency shall be transmitted to
the Continuing Education Center for Ecology Information at East Central
State College. Such information shall be available to the public upon
request.
Laws 1971, p. 1018, H.J.R.No.1003, 1 3, emerg. eff, April 6, 1971,
Library references
Stats C=73.
C.J.S. States i 60 et seq.

CHAPTER IO.-FI-'AIRFAX-KAW CITY AUTHORITY
. 951 to 070. Repealed by Laws 1972, c. 70, 1, emerg. eff. M1.arch
28, 1972; Laws 1972, c. 133, 1


Sec.
1020.1
1020.2
1020.3
1020.4
1020.5
1020.6
1020.7


CHAPTER 11.--OKIAIIOA GROUNDI WATER LAW

Definitions [New].
Declaration of policy [New].
Domestic use-spacing of wells and waste [New].
Hydrologic surveys and investigations [New].
Determination of maximum annual yield INew].
Hearings on annual yield [New].
Application for permit tn Inl'e and lme l rrrP nt! !... r t1 ?






82 1001 WATERS AND WATER RIGHTS


Sec.
1020.10 Temporary or special permits [New].
1020.11 Types of permits-fees [New].
1020.12 Report of water used [New].
1020.13 Surrender of permits [New].
1020.14 Prior use of ground water [New].
1020.15 Waste-prosecutions [New].
1020.16 Drillers licenses--filing of plans and specifications [New].
1020.17 Spacing orders INew].
1020.18 Location exceptions [New].
1020.19 Metering of wells [New].
1020.20 Unitizing and communitizing of land for water production pur-
poses [New].
1020.21 Wells within municipalities [New].
1020.22 Violations [New].


1001 to 101). Itepaledl by Laws 1972, c. 248, 23, eff. July 1, 1973
Sc.tiions 1001 to 1019 of this title were repealed, effective July 1,
1973, lb L.rws 1972, e. 248. 2J. I'or the replarelncnt prorisions
enacted bY Lawnr 1972. e. 248, 4 1 to 22, see actions 1020.1 to 1020.22
of this title.


1020.1 Definitions
A. As used in this act, unless the context clearly indicates otherwise,
the term "Ground Water" shall mean water under the surface of the
ear rless of tle", .olnoc strct which it Is standing nr ov-
Ing lsld he c hnk f n.
B. As used in this act, unless the context clearly indicates otherwise,
"Doniestic Use" ineans the use of water by a natural individual or by a
family or household for household purposes, for farm and domestic ani-
mals up to the normal grazing capacity of the land and for the irrigation
of land not exceeding a total of three acres in area for the growing of
gardens, orchards and lawns.
C. The term "Ground Water Basin" shall mean a distinct underground
body of water overlaln by contiguous land and having substantially the
same geological and hydrological characteristics and yield capabilities.
D. The term "Slublbasln" shall mean a subdivision of a water basin
overlain by contiguous land and having substantially the same geological
and hydrological characteristics and yield capabilities.
E, The ttrm "lo3a rd" shall niman the Oklahoma Water Resources
Board.
F. The term 'Person" shall mean any individual, firm, partnership,
association, corporation, business trust, federal agency, state agency, the
state or any political subdivision thereof, municipalities, and any other
legal entities.
G. The term "Fresh Water" shall mean water which has less than
five thousand (5,000) parts per million total dissolved solids. For the
purpose of this act all other water is salt water.
Laws 1972, c. 248, 1, eff. July 1, 1973.
Title of Act: hibiting certain acts and providing pen-
An Act relating to ground water: altlcs; repealing 82 0.8.1971, ii 1001
defining terms; declaring policy: pro- through 1019; and providing an effec-
-viding for domestic water use; provid- tive date. Laws 1972. c. 248.
ing for hydrologic surveys; providing
for determination of annual fresh ground Library references
water yield; providing for hearings; Waters and Water Courses :=99 et
providing for permit applications, no- seq.
ties and hearings: providing types of C.J.S. Waters 1 86 et seq.
.1 ir l i ',1ii :01 ,.1 III|IIH; I aw Revlew Commentaries
1 It w


WATERS AND WATER RIGHTS 82 1020.6

1020.2 Declaration of policy
Ii is hereby declared to be the public policy of this state, in the inter-
est 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 the state, and for that
purpose to provide reasonable regulations for the allocation for reason-
able use based on hydrologic surveys of fresh ground water basins or
subbasins to determine a restriction on the production, based upon the
acres overlying the ground water basin or subbasin. The provisions of
this act shall not apply to the taking, using or disposal of salt water asso-
ciated with the exploration, production or recovery of oil and gas or to
the taking, using or disposal of water trapped in producing or nonpro-
ducing mines.
Laws 1972, c. 248, 2, eff. July 1, 1973.
Library references
Waters and Water Courses :=99 et
seq.
C.J.S. Waters I 86 et seq.
1020.3 Domestic use-Spacing of wells and waste
Any landowner ha s right to take yrrnd watr from Innd nwn h
mu i h it. Wells for domestic use Rhnll not
be slhipet In -rall gnrtn r ortr/ a t prn- o nt ion */ .AAJJ^- --a--


Laws 1972, c. 248, 3, eff. July 1, 1973.
Library references
U\':,.rr- and enterr Courses C101.
S'.J... \Waters ) xs cet seq.


S10o20.4 Ilydrologic surveys and investigations
The Oklahoma Water Resourccs Board shall make hydrologic surveys
and investigations of each fresh ground water basin or subbasin. The
Board is authorized to cooperate with state and federal agencies engaged
in similar surveys and investigations and may accept and use the findings
of such agencies. At least every ten (10) years the Board shall update
the hydrologic surveys.
Laws 1972, c. 248, I 4, eff. July 1, 1973.
Library references
\Va;turs and Water Courses .i101.
C:..8.S. Waters i 88 et seq.
1020.5 Determination of inlaxiimlau annual yield
After making the hydrologic survey, tle Board hai mke a d r-
anatlon of th m4v3;i V f hnr ed
from Math grn,,na w.-tr basi nr .nhh sip. Such dete. t ion. muat'sthe*
based uon the foowiuc m t
1. The total land area overlvlnr the hasn or aUbbaw n;
2. The mount of water tora in the hnaln or slbbin;
3. The rteo en b total
4. Transmiaslblllty of the basin or subbasln; and
5. The Possibility of oun o te asin orsbb n
sources.a
b fresh ru r sub-
asn shall ty
truj garta from the effective date ot thls act.
aws 1972, c. 248, 5, er. Juy 1, 1973.
Library references
Waters and Water Courses C=101.
C.J.S. Waters 1 88 et seq.
1020.6 Hearings on annual yield
(V .: .


&M a A, M st,illlJ)





82 1020.6 WATERS AND WATER RIGHTS


shall call and hold hearings at centrally located places within the area
of the basin or subbasin. Prior to such hearings being held, the Board
shall make copies of such hydrologic survey available for inspection and
examination by all interested persons and, at such hearings, shall present
evidence of the geological findings and determinations upon which the
tentative maximum annual yield has been based. Any interested party
shall have the right to present evidence in support or opposition thereto.
After such hearings are completed, the Board shall then proceed to

w uo -or
makp its finnl tarnation a t th. maximum annual vield aof er
whi, shall hA allorte tnnh acre of lanod overiving such basin or
suhba~ n. The Board may, in subsequent basin or subbasin hearings,
and after additional hydrologic surveys, increase the amount of water
allocated but shall not decrease the amount of water allocated.
Laws 1972, c. 248, 6. eff. July 1, 1973.
Library references
Waters and Water Courses al0=11.
C.J.S. Waters 88 et seq.
1020.7 Application for permit. to take and use ground water
Any person intending to use ground water shall, after his testing is
completed, make application to the Board for an appropriate permit as
provided in Section 11 1 before commencing any drilling for such purposes
and before taking water from any completed well heretofore drilled.
Such application to take and use ground water shall be on a form pro-
vided by the Board and pursuant to the rules and regulations established
by the Board. The application heretofore filed with the Board shall be
used in granting permits for existing wells and the Board shall publish
the notice of the hearing thereon.
Laws 1972, c. 248, 7, eff. July 1, 1973.
1 Section 1020.11 of this title.
Library references
Waiters and. Water 'Courses C=l01,
C.J.S. Waters I 88 et seq.

1020.8 Hearling upon application
The Board shall hold a hearing upon each application filed. Upon the
filing of an application which complies with the provisions of this act
and the rules and regulations established thereunder the Board shall
instruct the applicant to publish within ninety (90) days after the filing
of the application, a notice thereof, at the applicant's expense, in a form
prescribed by the ioard In a newspaper of general circulation in the
county in which the well Is located and any adjacent counties designated
by the lioard once a week for two consecutive weeks to give actual notice
by certified mail to all immediately adjacent landowners. Such notice
shall give all the essential facts as to the proposed taking, among them,
the places of taking and of use, amount of water, the purpose for which
It is to be used, name and address of applicant and the time and place
when the application will he taken up by the Board for consideration.
No hearing shall be had upon the application until proper notice shall
have been given. Any interested party shall have the right to protest
said application and present evidence and testimony in support of such
protest.
Laws 1972, c. 248, 8, eff. July 1, 1973.
Library references
Waters and Water Courses @5=101.
C.J.S. Waters 1 88 et seq.

1020.9 Approval of application
At the hearing, the Board shall determine from the evidence presented
by the parties interested, from the hydrologic surveys and from other
relevant data available to the Board and applicant, whether the lands
,, i.,I 'l"0-l it: -1 h" 1 ,. '* (* r llr i h fr" ,,;I iroUnd wnler Dasin or


WATERS AND WATER RIGHTS 82 1020.11

water is a beneficial use. If so, and if the Board finds that waste will
not occur, the Board shall approve the application by issuing a regular
permit. A regular permit shall allocate tothe an1licant h rortin-
ate rt o, nnn te as n or suhhasin. Hi pro-
as n o- ual
portionate M^ f ll A .a f Qts .t. l annual Ylel e
bsin or On in nvy al dtrminedt1 he tht mbAm anual
ye rovid he
lan overvinr n w r hin r sbbain which he Owns
o .T rmit ohAl ran^lfy the loatin f the rmor
well. A regular permit shall not be granted for less than the remaining
fe of the basin or subbasin as previously determined by the Board.
Laws 1972, c. 248, 9, eff. July 1, 1973.
1 Section 1020.5 of this title.
Library references
Waters and Water Courses :=101.
C.J.S. Waters i 88 et seq.

1020.10 Temporary or special permits
The procedures provided herein for the granting of regular permits
shall be applicable to the granting of temporary or special permits except
that the completion of the hydrologic survey shall not be a condition
precedent.
Laws 1972, c. 248, 10, eff. July 1, 1973.

1020.11 Types of permits-Fees
A. Regular Permit. A regular permit is an authorizLon t nut
r their than dome es. The
regular nPrmia h ran nl ofter com e n drologic
ur and detrm n o te maximum annual yeld he ro-
in. It an be revoled or canceled ony as provided
in Sections 12 and 15 herein.1
B. Temporary Permit. A temporary permit is an authorization for
the same purposes as a regular permit but granted by the Board prior
to completion of the hydrologic survey and the determination of the maxi-
mum annual yield of the basin or subbasin. Unless requested by a ma-
jority of the owners of the land, the water allocated by a temporary per-
mit shall not be less than two (2) acre-feet annually for each acre of
land owned or leased by the applicant in the basin or subbasin; provided,
however, if the applicant presents clear and convincing evidence that
allocations in excess of two (2) acre-feet annually for each acre of land
overlying the basin or subbasin will not exhaust the water thereunder
in less than twenty (20) years, then the Board may issue temporary per-
mits in such basin or subbasin in such amounts in excess of said liita-
tion as will assure a minimum twenty-year life for such bahn or slub-
basin. A temiporry permit must be revalidated annually dur;:;: its term.
The permit shall lapse at explirtiln of its tornm or upon the i: :suance of a
regular permit, whichever shall occur first. It is subject to revocation
or cancellation as provided in Sections 12 and 15 herein.
C. Special Permit. A special permit is an authorization by the Board
in lieu of or in addition to a regular or temporary permit. The special
permit is granted to put ground water to a beneficial use which shall
require quantities of water in excess of that allocated under a regular
or temporary permit. The water so authorized may be used only for the
purpose designated in the permit. The permit shall be granted for a
period not to exceed six (6) months and may be renewed three (3) times.
Successive special permits shall not he granted for the same pTrpnwia
ii I'





82 1020.11 WATERS AND WATER RIGHTS

D. No fee shall be charged for applications filed or permits issued
hereun r
aws 972, c. 248, 11, eff. July 1, 1973.
1 Sections 1020.12, 1020.15 of this title.
Library references
Waters and Water Courses C=101.
C.J.S. Waters i 88 et seq.
1020.12 Report of water used
Holders of permits shll b ort t the board ly
theT use of water pursuant to their rits. Wilful failure to report
annual usage may result In cancellation of the permit by the Board upon
proper notice and hearing as provided in the Administrative Procedures
Act.'
Laws 1972, c. 248, 12, eff. July 1, 1973.
1 Section 301 et seq. of Title 75, Statutes and Reports.
Library references
Waters and Water Courses e=101.
C.J.S. Waters i 88 et seq.
1020.13 Surrender of permits
The Board may accept the surrender of ground water permits by the
holder thereof pursuant to rules and regulations adopted by the Board.
Laws 1972, c. 248, 13, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters 88 et seq.
1020.14 Prior use of ground water
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
the effective date of this act shall have the right to bring his use under
the provisions of this act.
Laws 1972, c. 248, 14, eff. July 1. 1973.
Library references
Wat,'rs and Water Courses e=101.
C.J.S. Waters 8 88 et seq.
1020.15 Waste--P'osecutions
The Board shall not permit any fresh around water user to commit
wasteVy:
1. Drilling a well. taking, or using fresh ground water without a

2. Taking more fr around water than i authorized by the Permit;
3. Takinf or ulinr frosh ernind water In any manner so that the
water is lost for beneficial use;
4. Transporting fresh ground water from a well to the place of use
In auch a manner that there Is an excessive loss in transit;
b. UVTng fresh ground water In such an Inefficient manner that ex-
cessive loss occur:
6. A lowin any fresh ro,nd w r- to r ah a nervi stratum and
be lost into cavernous or otherwise pervious materials encountered In a

7. Permittn or f n tr ta or basin
eralsr other w

8. Drilling wells and nrndulna froh ground water therefrom except
In accordance with the well spacing previously determined by taB Hoard;
'I In.,. ii,,0 Ifn',-;l! r,r ,.n.. l ~ r ofr ;i C 5n.(l l n.> nr c ollnT p.rnnosls


WATERS AND WATER RIGHTS 82 1020.19

16. Failure to pronerlv nlue abandoned frrsh ater n .. in 'ord-
ance with rilea onr r.f.ti^ f n T- fl -. f.
Any employee of the Board having evidence that an act of waste is
being committed in his presence, or on the filing of a complaint by another
individual, shall immediately proceed to cite such violator and shall there-
lpon file a complaint in the district court of the county wherein such
violation has occurred, and it shall be the duty of the district attorney
of said county to prosecute such complaint. In addition thereto, if any
person commits waste the Board shall immediately Institute action to
enjoin in a court of competent jurisdiction and may suspend any permit
to take water as long as such waste continues.
Laws 1972, c. 248, 15, eff. July 1, 1973.
Library references
Waters and Water Courses 1=01.
C.J.S. Waters 88 et seq.

1020.16 Drillers licenses-Filing of plans and specifications
A. All persons, firms and corporations drilling wells for fresh ground
water basins or subbasins in this state must make application for and
become licensed with the Board and file a bond with the State of Okla-
homa of not less than Five Thousand Dollars ($5,000.00) conditioned
upon compliance with all laws of this state and rules and regulations of
tie Board.
B. Provided that water well drillers drilling for domestic water pur-
poses shall be exempted from the provisions of this act.
C. Before any licensed water well driller shall commence the drilling
of any well, he shall file with the Board the complete plans and specifi-
cations of the work ;roposr.d to be comijllded, together with any other
;i.ta or informlltlion tlihe board ni:ay by rule or regulation require. After
**n;ip -,ion, ?aid drilllfr shall file i a completion report showing such data
;.h ,ir, ,0i'rd may require together with a log of the well and pumping
0.. t d la.
i.:iaw, 1972, c. 2.18, 16, eff. July 1, 1973.
LI:1r.-ry references
'.'.. t, Irinil \Vater Courses C=101.
i'J.;.. Waters i 8 et seq.

1020.17 Spacing orders


to
fr iRtin ~any nprmf fin a a"rounP d water basin or s.ublnsin the
Board may determine and order a proper Bnsin'g whi h i "ts
the allocation f water to the land nvrlvin the basin or basin .
aws 172, c. 248, 17, eff. July 1, 1973.
Library references
Waters and Water Courses C=101.
C.J.S. Waters I 88 et seq.

10120.18 location eveeptions
When it is shown thnt to require the drilling of a well at the prescribed
location should be inequitable or unreasonable, the Board shall grant a
well location exception and permit the well to be drilled and completed
at a location which varies from that previously established.
Laws 1972, c. 248, 18, eff. July 1, 1973.
Library references
Waters and Water Courses i=101.
C.J.S. Waters 1 88 et seq.

1020.19 Metering of wells
Upoa request of a majority of the landowners residing within a basin
or sub aihh n, the Board in nllhori dil to i,,Juhir., 11.11 i ,, 1 i





' 82 1020.19 WATERS AND WATER RIGHTS

Board at any time. Te Hoard av alo reu tht the applicant re-
rt the reading of su ona rvals.
S173-, C. Z45, 2 15, elf. uy T, 1973.
Library references
Waters and Water Courses >101.
C.J.S. Waters a s8 et seq.
S1020.20 Unltizlng and communitizing of land for water production
purposes
The owners of land and the Commissioners of the Land Office are
authorized to unitize and communitize lands for the purpose of produc-
tion of water therefrom; provided, the production therefrom does not
exceed the maximum annual yield.
Laws 1972, C. 248, 20, eff. July 1, 1973.
Library references
Waters and water Courses C=101.
C.J.S. Waters 1 88 et seq.
k 1020.21 Wells within municipalities
A municipality has the authority to regulate or permit the drilling of
domestic and industrial water wells within its corporate limits. A mu-
nicipality may use the water allocated to the platted land within its cor-
porate limits provided the municipality can make water available to the
platted land, a permit therefore is obtained from the Board, and the wells
are located not less than six hundred (600) feet within its limits, and
such wells are drilled on the platted land.
Laws 1972, c. 248, 21, eff. July 1, 1973.
Library references
w'alter.t and W\ater Courses e=101.
'C.J.,. \'lWaters j 1 e 1020.22 Violations
Any person who, after notice from the Board, violates or refuses or
neglects to comply with any provision of this act or of any rule or regu-
lation promulgated by the Board pursuant thereto, or who commits waste
as defined in Section 15 1 shall be guilty of a misdemeanor, and upon con-
viction shall be fined not less than Twenty-five Dollars ($25.00) nor
more than Two Hundred Fifty Dollars ($250.00) for each offense. Any
person who, after notice that he is in violation thereof continues to vio-
late any provision of this act, and fails to comply therewith within a rea-
sonable length of time, is guilty of a separate offense for each day the
violation continues.
Laws 1972, c. 248, 22, eff. July 1, 1973.
1 Section 1020.15 of this title.
Library references
Waters and Water Courses C=101.
C.J.S. Waters i 88 et seq.


CHAPTER 12.-PItYOR CREEK WATERSHED ASSOCIATION

1031 to 1038. Repealed by Laws 1972, c. 133, 1


CHAPTER 18.-SPRING CREEK WATERSHED ASSOCIATION

1051 to 1057. Repealed by Laws 1972, c. 133, 1


WATERS AND WATER RIGHTS 82 1085.1

CHAITEl 14.-OKLAHOMA WATER RESOURCES BOARD


Sec.
1085.1

1085.2
1085.3
1085.4
1085.5
1085.6
1085.7
1085.8
1085.9
1085.10
1085.11
1085.12
1085.13
1085.14

1085.15
1085.16
1085.17
1085.18
1085.19
1085.20

1(85.21

1085.22
1185.23

1185.24
1085.25

1 8i5.26
1185.27
1,,85.28


Membership-appointment and tenure--compensation-vacan-
cies-oath-officers [New].
Authority of Oklahoma Water Resources Board [New].
State be divided into water districts [New].
Fixing of fees-schedule [New].
Account book [New].
Detailed statement [New].
Water Quality Fund INew].
Oklahoma Water Resources Board annual report [New].
Penalties [New].
Procedures and appeals [New].
Compilation, indexing and publishing of date [New].
Executive Director-qualification-powers and duties [New].
Special counsel [New].
Continuing study of water laws-recommendations and pro-
posals [New].
Cooperation [New].
Savings clause [New].
State policy-purpose [New].
Commission created-status-membership-expenses [New].
Meetings-quorum-record of proceedings [New].
Review of proposed projects or plans-storage of surplus water
[New].
Agreements with federal agencies-cost of reimbursement
[New].
Sale, transfer or lease of storage facilities [New].
Water Conservation Storage Fund-investment certificates
[New].
Purchase of certificates by State Treasurer [New].
Examination of proceedings by Attorney General-incontesta-
bility [New].
Execution of certificates and contracts-audits [New].
Legal services [New].
Contracts with Secretary of Agriculture for repayment of water
storage costs [New].


Law Review Commentaries
1'r4.-l1!';: OkI:ilorima twilr law. Joseph
I'. t:Rarick. 22 Okl.law Rev. 1 (Feb.
19i3).

1071 to 1084. Repealed by Laws 1072, c. 233, 29

1085.1 Membership-Appointnent and tenure--Compensation-Va-
cancles-Oat h-Officers
A. There is hereby created the Oklahoma Water Resources Board
conslstinf of' nine (9) members to be appointed by the Governor, by
and with the ildvlce and consent of the Senate. One mentibur shall be
appointed for a term of one (1) year; one member shall be appointed
for a term of two (2) years; one member shall be appointed for a
term of three (3) years; one member shall be appointed for a term of
four (4) years; one member shall be appointed for a term of five (5)
years; two members shall be appointed for a term of six (6) years:
and two members shall be appointed for a term of seven (7) years.
Upon the expiration of said terms, their successors shall be appointed
for terms of seven (7) years. One member shall be appointed from
each of the congressional districts of this state as they existed in 1957,
and three members shall be appointed at large. Each member shall be
a qualified elector of this state. At all times the membership of said
( f 1 'I'


.________..__







OkLA oaM


82 1001 WATERS AND WATER RIGHTS


Temporary or special permits [New].
Types of permits-fees [New].
Report of water used [New].
Surrender of permits [New].
Prior use of ground water [New].
Waste-prosecutions [New].
Drillers licenses-filing of plans and
Spacing orders [New].
Location exceptions [New].
Metering of wells [New].
Unitizing and communitizing of land
poses [New].
Wells within municipalities [New].
Violations [New].


specifications [New].



for water production pur-


1001 to 1019. Repealed by Laws 1972, c. 248, 23, eff. July 1, 1973
Sections 1001 to 1019 of this title were repealed, effective July 1,
1973, by Law.s 1972, c. 248, 23. For the replacement provisions
enacted by Lairs 1972. c. 248, 1 to 22, see sections 1020.1 to 1020.22
of this title.


1020.1 Definitions
A. As used in this act, unless the context clearly indicates otherwise,
the term "Ground Water" shall mean water under the surface of the
earth regardless of the geologic structure in which it is standing or mov-
ing outside the cut bank of any definite stream.
B. As used in this act, unless the context clearly indicates otherwise,
"Domestic Use" means the use of water by a natural Individual or by a
family or household for household purposes, for farm and domestic ani-
mals up to the normal grazing capacity of the land and for the irrigation
of land not exceeding a total of three acres in area for the growing of
gardens, orchards and lawns.
C. The term "Ground Water Basin" shall mean a distinct underground
body of water overlain by contiguous land and having substantially the
same geological and hydrological characteristics and yield capabilities.
D. The term "Subbasin" shall mean a subdivision of a water basin
overlain by contiguous land and having substantially the same geological
and hydrological characteristics and yield capabilities.
E. The term "Board" shall mean the Oklahoma Water Resources
Board.
F. The term "Person" shall mean any individual, firm, partnership,
association, corporation, business trust, federal agency, state agency, the
state or any political subdivision thereof, municipalities, and any other
legal entities.
G. The term "Fresh Water" shall mean water which has less than
five thousand (5,000) parts per million total dissolved solids. For the
purpose of this act all other water is salt water.
Laws 1972, c. 248, 1, eff. July 1, 1973.


Title of Act:
An Act relating to ground water;
defining terms; declaring policy; pro-
viding for domestic water use; provid-
ing for hydrologic surveys; providing
for determination of annual fresh ground
water yield; providing for hearings;
providing for permit applications, no-
tices and hearings; providing types of
permits; providing certain exemptions;
providing for annual reports; providing
powers and duties of Water Resources
Board; providing for unitization; pro-


hibiting certain acts and providing pen-
alties; repealing 82 O.S.1971, 1001
through 1019; and providing an effec-
tive date. Laws 1972. c. 248.
Library references
Waters and Water Courses <=99 et
see|.
C.J.S. Waters 86 et seq.
Law Review Commentaries
Right to use ground water in oil and
gas production in Oklahoma. 22 Okl.
Law Rev. 99 (Feb.1969).


Sec.
1020.10
1020.11
1020.12
1020.13
1020.14
1020.15
1020.16
1020.17
1020.18
1020.19
1020.20

1020.21
1020.22


ZLI~L- --~~-L~--~~~l-- --~-r-~-x__pyr*





WATERS AND WATER RIGHTS 82 1020.6

1020.2 Declaration of policy
It is hereby declared to be the public policy of this state, in the inter-
est 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 the state, and for that
purpose to provide reasonable regulations for the allocation for reason-
able use based on hydrologic surveys of fresh ground water basins or
subbasins to determine a restriction on the production, based upon the
acres overlying the ground water basin or subbasin. The provisions of
this act shall not apply to the taking, using or disposal of salt water asso-
ciated with the exploration, production or recovery of oil and gas or to
the taking, using or disposal of water trapped in producing or nonpro-
ducing mines.
Laws 1972, c. 248, 2, eff. July 1, 1973.
Library references
Waters and Water Courses =99 et
seq.
C.J.S. Waters 86 et seq.
1020.3 Domestic use-Spacing of wells and waste
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.
Laws 1972, c. 248, ?, eff. July 1, 1973.
Library references
Waters and Water Courses 0101.
C.J.S. Waters 88 et seq.
1020.4 Hydrologic surveys and investigations
The Oklahoma Water Resources Board shall make hydrologic surveys
and investigations of each fresh ground water basin or subbasin. The
Board is authorized to cooperate with state and federal agencies engaged
in similar surveys and investigations and may accept and use the findings
of such agencies. At least every ten (10) years the Board shall update
the hydrologic surveys.
Laws 1972, c. 248, 4, eff. July 1, 1973.
Library references
Waters and Water Courses C=101.
C.J.S. Waters 88 et seq.
1020.5 Determination of maximum annual yield
After making the hydrologic survey, the Board shall make a deter-
mination of the maximum annual yield of fresh water to be produced
from each ground water basin or subbasin. Such determination must be
based upon the following:
1. The total land area overlying the basin or subbasin;
2. The amount of water in storage in the basin or subbasin;
3. The rate of natural recharge to the basin or subbasin and total
discharge from the basin or subbasin;
4. Transmissibility of the basin or subbasin; and
5. The possibility of pollution of the basin or subbasin from natural
sources.
The maximum annual yield of each fresh ground water basin or sub-
basin.shall be based upon a minimum basin or subbasin life of twenty
(20) years from the effective date of this act.
Laws 1972, c. 248, 5, eff. July 1, 1973.
Library references
Waters and Water Courses 8=101.
C.J.S. Waters 88 et seq.
1020.6 Hearings on annual yield
Once such hydrologic survey has been completed and the Board has set
a tentative maximum annual yield for the basin or subbasin, the Board






82 1020.6 WATERS AND WATER RIGHTS


shall call and hold hearings at centrally located places within the area
of the basin or subbasin. Prior to such hearings being held, the Board
shall make copies of such hydrologic survey available for inspection and
examination by all interested persons and, at such hearings, shall present
evidence of the geological findings and determinations upon which the
tentative maximum annual yield has been based. Any interested party
shall have the right to present evidence in support or opposition thereto.
After such hearings are completed, the Board shall then proceed to
make its final determination as to the maximum annual yield of water
which shall be allocated to each acre of land overlying such basin or
subbasin. The Board may, in subsequent basin or subbasin hearings,
and after additional hydrologic surveys, increase the amount of water
allocated but shall not decrease the amount of water allocated.
Laws 1972, c. 248, 6, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters 88 et seq.
1020.7 Application for permit to take and use ground water
Any person intending to use ground water shall, after his testing is
completed, make application to the Board for an appropriate permit as
provided in Section 11 1 before commencing any drilling for such purposes
and before taking water from any completed well heretofore drilled.
Such application to take and use ground water shall be on a form pro-
vided by the Board and pursuant to the rules and regulations established
by the Board. The application heretofore filed with the Board shall be
used in granting permits for existing wells and the Board shall publish
the notice of the hearing thereon.
Laws 1972, c. 248, 7, eff. July 1, 1973.
1 Section 1020.11 of this title.
Library references
Waters and Water Courses *=101.
C.J.S. Waters 88 et seq.

1020.8 Hearing upon application
The Board shall hold a hearing upon each application filed. Upon the
filing of an application which complies with the provisions of this act
and the rules and regulations established thereunder the Board shall
instruct the applicant to publish within ninety (90) days after the filing
of the application, a notice thereof, at the applicant's expense, in a form
prescribed by the Board in a newspaper of general circulation in the
county in which the well is located and any adjacent counties designated
by the Board once a week for two consecutive weeks to give actual notice
by certified mail to all immediately adjacent landowners. Such notice
shall give all the essential facts as to the proposed taking, among them,
the places of taking and of use, amount of water, the purpose for which
it is to be used, name and address of applicant and the time and place
when the application will be taken up by the Board for consideration.
No hearing shall be had upon the application until proper notice shall
have been given. Any interested party shall have the right to protest
said application and present evidence and testimony in support of such
protest.
Laws 1972, c. 248, 8, eff. July 1, 1973.
Library references
Waters and Water Courses i=101.
C.J.S. Waters 88 et seq.

1020.9 Approval of application
At the hearing, the Board shall determine from the evidence presented
by the parties interested, from the hydrologic surveys and from other
relevant data available to the Board and applicant, whether the lands
owned or leased by the applicant overlie the fresh ground water basin or
subbasin and whether the use to which the applicant intends to put the


--"~ll~-~--i~-~-ir-iiri)--L -- ---I -iy----rL__r-l--- -~ -~-- -ill -L-I--L--~L-~----l~-------






WATERS AND WATER RIGHTS 82 1020.11


water is a beneficial use. If so, and if the Board finds that waste will
not occur, the Board shall approve the application by issuing a regular
permit. A regular permit shall allocate to the applicant his proportion-
ate part of the maximum annual yield of the basin or subbasin. His pro-
portionate part shall be that percentage of the total annual yield of the
basin or subbasin, previously determined to be the maximum annual
yield as provided in Section 5,1 which is equal to the percentage of the
land overlying the fresh ground water basin or subbasin which he owns
or leases. The permit shall specify the location of the permitted well or
wells. A regular permit shall not be granted for less than the remaining
life of the basin or subbasin as previously determined by the Board.
Laws 1972, c. 248, 9, eff. July 1, 1973.
1 Section 1020.5 of this title.
Library references
Waters and Water Courses 0=101.
C.J.S. Waters I 88 et seq.

1020.10 Temporary or special permits
The procedures provided herein for the granting of regular permits
shall be applicable to the granting of temporary or special permits except
that the completion of the hydrologic survey shall not be a condition
precedent.
Laws 1972, c. 248, J 10, eff. July 1, 1973.

1020.11 Types of permits-Fees
A. Regular Permit. A regular permit is an authorization to put
ground water 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 appro-
priate basin or subbasin. It can be revoked or cancelled only as provided
in Sections 12 and 15 herein.l
B. Temporary Permit. A temporary permit is an authorization for
the same purposes as a regular permit but granted by the Board prior
to completion of the hydrologic survey and the determination of the maxi-
mum annual yield of the basin or subbasin. Unless requested by a ma-
jority of the owners of the land, the water allocated by a temporary per-
mit shall not be less than two (2) acre-feet annually for each acre of
land owned or leased by the applicant in the basin or subbasin; provided,
however, if the applicant presents clear and convincing evidence that
allocations in excess of two (2) acre-feet annually for each acre of land
overlying the basin or subbasin will not exhaust the water thereunder
in less than twenty (20) years, then the Board may issue temporary per-
mits in such basin or subbasin in such amounts in excess of said limita-
tion as will assure a minimum twenty-year life for such basin or sub-
basin. A temporary permit must be revalidated annually during its term.
The permit shall lapse at expiration of its term or upon the issuance of a
regular permit, whichever shall occur first. It is subject to revocation
or cancellation as provided in Sections 12 and 15 herein.
C. Special Permit. A special permit is an authorization by the Board
in lieu of or in addition to a regular or temporary permit. The special
permit is granted to put ground water to a beneficial use which shall
require quantities of water in excess of that allocated under a regular
or temporary permit. The water so authorized may be used only for the
purpose designated in the permit. The permit shall be granted for a
period not to exceed six (6) months and may be renewed three (3) times.
Successive special permits shall not be granted for the same purpose.
It is subject to revocation or cancellation upon failure to use the water
for the purpose granted or as provided in Sections 12 and 15 herein.
45


~IU~_ __UU~I_






82 1020.11 WATERS AND WATER RIGHTS

D. No fee shall be charged for applications filed or permits issued
hereunder.
Laws 1972, c. 248, 11, eff. July 1, 1973.
1 Sections 1020.12, 1020.15 of this title.
Library references
Waters and Water Courses =101.
C.J.S. Waters 85 et seq.
1020.12 Report of water used
Holders of permits shall be required to report to the Board annually
their use of water pursuant to their permits. Wilful failure to report
annual usage may result in cancellation of the permit by the Board upon
proper notice and hearing as provided in the Administrative Procedures
Act.1
Laws 1972, c. 248, 12, eff. July 1, 1973.
1 Section 301 et seq. of Title 75, Statutes and Reports.
Library references
Waters and Water Courses ;=101.
C.J.S. Waters 88 et seq.
1020.13 Surrender of permits
The Board may accept the surrender of ground water permits by the
holder thereof pursuant to rules and regulations adopted by the Board.
Laws 1972, c. 248, 13, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters 88 et seq.
1020.14 Prior use of ground water
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
the effective date of this act shall have the right to bring his use under
the provisions of this act.
Laws 1972, c. 248, 14, eff. July 1, 1973.
Library references
Waters and Water Courses 4=101.
C.J.S. Waters 88 et seq.
1020.15 Waste-Prosecutions
The Board shall not permit any fresh ground water user to commit
waste by:
1. Drilling a well, taking, or using fresh ground water without a
permit, except for domestic use;
2. Taking more fresh ground water than is authorized by the permit;
3. Taking or using fresh ground water in any manner so that the
water is lost for beneficial use;
4. Transporting fresh ground water from a well to the place of use
in such a manner that there is an excessive loss in transit;
5. Using fresh ground water in such an inefficient manner that ex-
cessive losses occur;
6. Allowing any fresh ground water to reach a pervious stratum and
be lost into cavernous or otherwise pervious materials encountered in a
well;
7. Permitting or causing the pollution of a fresh water strata or basin
through any act which will permit fresh ground water polluted by min-
erals or other waste to filter or otherwise intrude into such a basin or
subbasin;
8. prilling wells and producing fresh ground water therefrom except
in accordance with the well spacing previously determined by the Board;
9. Using fresh ground water for air conditioning or cooling purposes
without providing facilities to aerate and reuse such water; or






WATERS AND WATER RIGHTS 82 1020.19

10. Failure to properly plug abandoned fresh water wells in accord-
ance with rules and regulations of the Board and file reports thereof.
Any employee of the Board having evidence that an act of waste is
being committed in his presence, or on the filing of a complaint by another
individual, shall immediately proceed to cite such violator and shall there-
upon file a complaint in the district court of the county wherein such
violation has occurred, and it shall be the duty of the district attorney
of said county to prosecute such complaint. In addition thereto, if any
person commits waste the Board shall immediately institute action to
enjoin in a court of competent jurisdiction and may suspend any permit
to take water as long as such waste continues.
Laws 1972, c. 248, 15, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters 88 et seq.

1020.i6 Drillers licenses-Filing of plans and specifications
A. All persons, firms and corporations drilling wells for fresh ground
water basins or subbasins in this state must make application for and
become licensed with the Board and file a bond with the State of Okla-
homa of not less than Five Thousand Dollars ($5,000.00) conditioned
upon compliance with all laws of this state and rules and regulations of
the Board.
B. Provided that water well drillers drilling for domestic water pur-
poses shall be exempted from the provisions of this act.
C. Before any licensed water well driller shall commence the drilling
of any well, he shall file with the Board the complete plans and specifi-
cations of the work proposed to be completed, together with any other
data or information the Board may by rule or regulation require. After
completion, said driller shall file a completion report showing such data
as the Board may require together with a log of the well and pumping
test data.
Laws 1972, c. 248, 16, eff. July 1, 1973.
Library references
Waters and Water Courses e=101.
C.J.S. Waters 88 et seq.

1020.17 Spacing orders
Before issuing any permits in a ground water basin or subbasin the
Board may determine and order a proper spacing of wells which, in its
judgment, is necessary to an orderly withdrawal of water in relation to
the allocation of water to the land overlying the basin or subbasin.
Laws 1972, c. 248, 17, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters I 88 et seq.

1020.18 Location exceptions
When it Is shown that to require the drilling of a well at the prescribed
location should be inequitable or unreasonable, the Board shall grant a
well location exception and permit the well to be drilled and completed
at a location which varies from that previously established.
Laws 1972, c. 248, 18,'eff. July 1, 1973.
Library references
Waters and Water Courses e=101.
C.J.S. Waters 88 et seq.

1020.19 Metering of wells
Upon request of a majority of the landowners residing within a basin
or subbasin, the Board is authorized to require that water wells be meter-
ed 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 the






82 1020.19 WATERS AND WATER RIGHTS

Board at any time. The Board may also require that the applicant re-
port the reading of such meters at reasonable intervals.
Laws 1972, c. 248, 19, eff. July 1, 1973.
Library references
Waters and Water Courses l101.
C.J.S. Waters 88 et seq.
1020.20 Unitizing and communitizing of land for water production
purposes
The owners of land and the Commissioners of the Land Office are
authorized to unitize and communitize lands for the purpose of produc-
tion of water therefrom; provided, the production therefrom does not
exceed the maximum annual yield.
Laws 1972, c. 248, 20, eff. July 1, 1973.
Library references
Waters and Water Courses 0=101.
C.J.S. Waters 88 et seq.
1020.21 Wells within municipalities
A municipality has the authority to regulate or permit the drilling of
domestic and industrial water wells within its corporate limits. A mu-
nicipality may use the water allocated to the platted land within its cor-
porate limits provided the municipality can make water available to the
platted land, a permit therefore is .obtained from the Board, and the wells
are located not less than six hundred (600) feet within its limits, and
such wells are drilled on the platted land.
Laws 1972, c. 248, 21, eff. July 1, 1973.
Library references
Waters and Water Courses =101.
C.J.S. Waters j 88 et seq.
1020.22 Violations
Any person who, after notice from the Board, violates or refuses or
neglects to comply with any provision of this act or of any rule or regu-
lation promulgated by the Board pursuant thereto, or who commits waste
as defined in Section 15 1 shall be guilty of a misdemeanor, and upon con-
viction shall be fined not less than Twenty-five Dollars ($25.00) nor
more than Two Hundred Fifty Dollars ($250.00) for each offense. Any
person who, after notice that he is in violation thereof continues to vio-
late any provision of this act, and fails to comply therewith within a rea-
sonable length of time, is guilty of a separate offense for each day the
violation continues.
Laws 1972, c. 248, 22, eff. July 1, 1973.
1 Section 1020.15 of this title.
Library references
Waters and Water Courses <=101.
C.J.S. Waters 88 et seq.


CHAPTER 12.-PRYOR CREEK WATERSHED ASSOCIATION

1081 to 1038. Repealed by Laws 1972, c. 133, 1


CHAPTER 13.-SPRING CREEK WATERSHED ASSOCIATION

1051 to 1057. Repealed by Laws 1972, c. 133, 1




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs