Oklahoma § 82-105.20 - Violations

§ 82-105.20. Violations

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 change unsafe works when directed to do so, the

injury or obstruction of waterworks, or the violation of a permit

condition shall be a misdemeanor and each day such violation

continues shall be a separate violation. In addition to filing

criminal complaints and any other remedies provided herein, the

Oklahoma Water Resources Board shall have the right to bring an

action in the district court of the county wherein such act or

omission occurs to enjoin the same.

B. 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

Oklahoma Statutes - Title 82. Waters and Water Rights

severance of a water right from the land to which it is appurtenant,

the refusal to change unsafe works when directed to do so, the

injury or obstruction of waterworks, or the violation of a permit

condition are considered violations of Sections 105.1 through 105.32

of this title and shall be subject to administrative penalties

issued by the Board of up to Five Thousand Dollars ($5,000.00) per

day of violation. Such administrative penalties shall be imposed

only after notice and opportunity for hearing on the proposed

imposition of such penalties.

C. The Board and its authorized agents shall have a reasonable

right to go upon private property in the performance of their duties

hereunder and shall have the duty to file complaints of violations

of the penal provisions of this section.

D. Notwithstanding any other provision of law, the Executive

Director of the Oklahoma Water Resources Board may issue

administrative orders requiring the immediate cessation of water use

when Board staff has a reasonable belief the use is unauthorized or

continued use will damage rights of prior appropriators. Such

administrative orders shall indicate the finding of imminent peril

and shall specify the actions that are to be taken immediately. In

addition, the orders shall specify a time and place for a hearing to

be held after such actions are taken.

Added by Laws 1972, c. 256, § 20. Amended by Laws 2022, c. 218, §

1, eff. Nov. 1, 2022; Laws 2024, c. 367, § 4, emerg. eff. May 31,

2024.