Oklahoma § 60-60 - Ownership of water - Use of running water

§ 60-60. Ownership of water - Use of running water

A. The owner of the land owns water standing thereon, or

flowing over or under its surface but not forming a definite stream.

The use of groundwater shall be governed by the Oklahoma Groundwater

Law. Water running in a definite stream, formed by nature over or

under the surface, may be used by the owner of the land riparian to

the stream for domestic uses as defined in Section 105.1 of Title 82

of the Oklahoma Statutes, but he may not prevent the natural flow of

the stream, or of the natural spring from which it commences its

definite course, nor pursue nor pollute the same, as such water then

becomes public water and is subject to appropriation for the benefit

and welfare of the people of the state, as provided by law; Provided

however, that nothing contained herein shall prevent the owner of

land from damming up or otherwise using the bed of a stream on his

land for the collection or storage of waters in an amount not to

exceed that which he owns, by virtue of the first sentence of this

section so long as he provides for the continued natural flow of the

stream in an amount equal to that which entered his land less the

uses allowed for domestic uses and for valid appropriations made

pursuant to Title 82 of the Oklahoma Statutes; provided further,

that nothing contained herein shall be construed to limit the powers

of the Oklahoma Water Resources Board to grant permission to build

or alter structures on a stream pursuant to Title 82 of the Oklahoma

Oklahoma Statutes - Title 60. Property

Statutes to provide for the storage of additional water the use of

which the landowner has or acquires by virtue of this act.

B. All rights to the use of water in a definite stream in this

state are governed by this section and other laws in Title 82 of the

Oklahoma Statutes, which laws are exclusive and supersede the common

law.

Amended by Laws 1988, c. 203, § 1, emerg. eff. June 10, 1988.