Oklahoma § 82-1020.2 - Declaration of policy - Applicability

§ 82-1020.2. Declaration of policy - Applicability

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 the state, and for that purpose to provide reasonable

regulations for the allocation for reasonable 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.

B. The provisions of Section 1020.1 et seq. of this title shall

not apply to the taking, using or disposal of salt water associated

with the exploration, production or recovery of oil and gas. The

provisions of this act shall not apply to the taking, using or

disposal of water trapped in producing mines outside of a sensitive

sole source groundwater basin or subbasin.

C. Except as provided for in subsection E of this section, the

provisions of this act shall not apply to the taking, using or

disposal of water trapped in producing mines:

1. That overlie a sensitive sole source groundwater basin or

subbasin and have been permitted by the Oklahoma Department of Mines

as of August 1, 2011;

2. That overlie a sensitive sole source groundwater basin or

subbasin for which an initial application for a permit shall have

Oklahoma Statutes - Title 82. Waters and Water Rights

been filed with the Oklahoma Department of Mines as of August 1,

2011; or

3. That overlie a sensitive sole source groundwater basin or

subbasin and for which a permit revision is approved by the Oklahoma

Department of Mines.

Provided that the use of mine pit water, pursuant to a sitespecific water management and conservation plan prepared in

consultation with the Oklahoma Water Resources Board, by mines that

are exempted from this act by the terms of this subsection and in

furtherance of mine operations and associated manufacturing and

commercial activities on the mine site, shall be considered as

permitted beneficial uses for all purposes under the laws of the

state.

D. 1. Except with respect to the mines exempted from the terms

of this act under subsections B and C of this section, the Oklahoma

Water Resources Board, in coordination with the Oklahoma Department

of Mines, shall promulgate rules for the taking, using or disposal

of water collecting in producing mine pits and emanating from a

sensitive sole source groundwater basin or subbasin.

2. The rules promulgated by the Oklahoma Water Resources Board

shall require, subject to a de minimis exemption to be promulgated

therein, the development by the mine operator of provisions relating

to the augmentation (a beneficial use) of stream flow or

groundwater, and of site-specific water management and conservation

plans, which plans shall establish threshold hydrologic monitoring,

management and mitigation requirements that are based on relevant

hydrologic surveys and investigations of the sensitive sole source

groundwater basin or subbasin. Such plans submitted to the Oklahoma

Water Resources Board shall be subject to the provisions of the

Oklahoma Open Records Act.

3. The rules promulgated by the Oklahoma Water Resources Board

shall contain provisions relating to augmentation of stream flow or

groundwater, or both, to offset consumptive use of groundwater

collecting in the producing mine pit that emanates from a sensitive

sole source groundwater basin or subbasin in amounts greater than

the equal proportionate share of the maximum annual yield of the

groundwater basin or subbasin established by the Oklahoma Water

Resources Board that may be allocated to the owner or operator of

the producing mine based on groundwater rights owned or leased by

the owner or operator.

E. 1. By no later than January 1, 2013, the operator of a mine

that is exempted from this act by the provisions of subsection C of

this section shall adopt and implement a plan to monitor and report

to the Board the accumulation and disposition of pit water during

the previous calendar year. The operator shall also file with the

Board interim quarterly reports containing information about the

accumulation and disposition of pit water during the previous

Oklahoma Statutes - Title 82. Waters and Water Rights

quarter. The first interim quarterly report for calendar year 2013

shall be sent to the Board by June 30, 2013, and the annual report

for the calendar year 2013 shall be sent to the Board by March 31,

2014. Thereafter, the annual report for each calendar year shall be

sent to the Board by March 31st of the following year. The

monitoring plan will provide for the measurement or reasonable

estimation of groundwater and surface water volumes, separately

stated, entering the pit, of the water diverted from the pit, of the

disposition of the water from the pit, and of the consumptive use,

as defined in this section, of the mine pit water by the mine

operator. The reports received by the Board will be subject to the

provisions of the Oklahoma Open Records Act. If an operator of a

mine that is exempted from this act by the provisions of subsection

C of this section fails to timely submit an interim quarterly report

or annual report, the exemption of subsection C shall no longer

apply to the mine and the rules promulgated pursuant to subsection D

of this section shall become applicable, provided that such rules

shall contain provisions to allow the operator to show cause why the

exemption contained in subsection C of this section should continue

to apply.

2. If, at any time after March 31, 2015, the amount of

groundwater from the pit (plus amounts of groundwater from permitted

wells, if any) consumptively used in the preceding twelve months by

the mine operator at a mine described in paragraph 1 of this

subsection exceeds the annual amount that is equivalent to the equal

proportionate share of the maximum annual yield of the groundwater

basin or subbasin that could be allocated to the owner or operator

of the producing mine based on groundwater rights owned or leased by

the owner or operator, then the exemption of subsection C of this

section shall no longer apply and the provisions of subsection D of

this section shall become applicable to the mine unless the mine

operator submits a site-specific water management and conservation

plan demonstrating, to the satisfaction of the Board, that such

consumptive use of groundwater in amounts greater than the

equivalent equal proportionate share either is:

a.

offset by augmentation of stream water flow or

augmentation of groundwater by recharge, or

b.

not likely to reduce the natural flow of springs or

streams emanating from a sensitive sole source

groundwater basin or subbasin, or

c.

satisfied by the owner or operator acquiring

sufficient groundwater rights within ninety (90) days

of the reported exceedance.

The plan submitted to the Board will be subject to the provisions of

the Oklahoma Open Records Act. If the exemption of subsection C of

this section no longer applies, the rules promulgated by the

Oklahoma Water Resources Board pursuant to subsection D of this

Oklahoma Statutes - Title 82. Waters and Water Rights

section shall provide a period of at least ninety (90) days to come

into compliance.

3. If an operator of a mine that is exempt pursuant to

subsection C of this section operates in compliance with a sitespecific water management and conservation plan that complies with

rules promulgated by the Board pursuant to subsection D of this

section, the Board cannot otherwise require the operator of such

mine to take an action or refrain from taking an action that would

effectively prohibit any mining operation or practice that is

otherwise allowed by the Oklahoma Department of Mines.

F. For purposes of this section, "consumptive use" or

“consumptively used” means diversion of water from a mine pit that

is not returned to the groundwater basin or subbasin, or to a mine

pit or holding basin, or to a definite stream, or to the land

surface from which surface runoff flows into a mine pit. The term

"consumptive use” includes the estimated moisture content driven off

or carried away with the mined material transported off the mining

site, plus the amount of evaporation from the mine pit that exceeds

the amount of direct precipitation and surface runoff into the mine

pit, plus any amounts for other proposed beneficial uses off the

mining site.

G. Augmentation of stream flow or groundwater, pursuant to a

site-specific water management and conservation plan prepared in

consultation with the Oklahoma Water Resources Board, shall be

considered a beneficial use and not waste, and shall not count

against permitted surface water or groundwater usage, provided that

taking, using or disposal of water from a producing mine for stream

augmentation pursuant to a site-specific water management and

conservation plan prepared in consultation with the Oklahoma Water

Resources Board, may be claimed in annual water use reports as a

beneficial use for purposes of the maintenance of the right to use

surface water under any permit applicable to such mine. The mine

pit shall be considered a diversion point authorized by the surface

water use permit issued to the mine operator whenever there is

consumptive use of surface water or the surface water is used for

stream augmentation.

Added by Laws 1972, c. 248, § 2, eff. July 1, 1973. Amended by Laws

1978, c. 157, § 1; Laws 2011, c. 374, § 1, emerg. eff. May 26, 2011.

§82-1020.2A. Taking and use of water from aquifers - Permits

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 82 of the Oklahoma Statutes, the provisions of this

act shall not apply to the taking and use of water stored in an

aquifer pursuant to such a plan.

Oklahoma Statutes - Title 82. Waters and Water Rights

B. The Oklahoma Water Resources Board shall promulgate and

implement rules for the taking and use of water stored in an aquifer

pursuant to a site-specific aquifer storage and recovery plan,

including the issuance of permits for the taking and use of such

water and for the approval of such site-specific aquifer storage and

recovery plans. Rules related to the approval of site-specific

aquifer storage and recovery plans shall mandate, in addition to

requirements necessary to demonstrate that the requested amount of

stored water is available for recovery, the spacing of wells

necessary to ensure that the storage and recovery of water permitted

under this section shall not interfere with any domestic or

permitted groundwater use in the basin.

C. A permit to take and use water stored in an aquifer pursuant

to a site-specific aquifer storage and recovery plan shall only be

granted if substantive evidence accompanying the application

demonstrates:

1. The Oklahoma Water Resources Board has approved the sitespecific aquifer storage and recovery plan;

2. The applicant has legal access to the water stored in the

aquifer pursuant to the plan;

3. The applicant or its successor in interest stored or caused

to be stored said water pursuant to and in compliance with any

required authorization issued by the Oklahoma Department of

Environmental Quality that is intended to protect water quality; and

4. The stored water is available for use in the applied for

amount during the period covered by, and in the manner described in,

the proposed permit.

D. Any permitted use of water stored in an aquifer under this

section is in addition to any domestic use authorized under Section

1020.3 of Title 82 of the Oklahoma Statutes or any other use

authorized pursuant to a permit issued under Section 1020.11 of

Title 82 of the Oklahoma Statutes.

E. Any permit issued under this section shall specify the

location of the permitted well or wells and other terms and

conditions as specified by the Board including, but not limited to,

the rate of withdrawal, the level of perforating and the level of

sealing the well.

Added by Laws 2016, c. 145, § 1.