Oklahoma § 27-19 - Notice to landowner – Groundwater rights

§ 27-19. Notice to landowner – Groundwater rights

Condemning authorities seeking to acquire surface rights for a

public purpose shall provide written notice to the landowner subject

to the acquisition that the landowner may elect to retain, through

severance, the groundwater rights, if any, that are attached to the

property to be acquired. If the landowner elects to retain such

groundwater rights, the acquisition shall be limited to surface

rights and exclude groundwater rights; however, an owner of

groundwater rights shall not have a right of access to the acquired

surface rights and no person may construct, maintain or operate any

water well, drilling equipment or lines on or under the surface

acquired by the condemning authority without the express written

permission of the condemning authority. Notwithstanding the

foregoing, this provision shall not apply to a condemning authority

that is seeking to acquire groundwater rights based on an affidavit

of need or resolution of necessity that sets out an expressly stated

need and purpose for the acquisition of such groundwater rights.

Added by Laws 2020, c. 2, § 1, eff. Nov. 1, 2020.