Oklahoma § 82-105.1

§ 82-105.1.

Definitions.

Oklahoma Statutes - Title 82. Waters and Water Rights

As used in Sections 105.2 through 105.32 of this title:

1. "Definite stream" means a watercourse in a definite, natural

channel, with defined beds and banks, originating from a definite

source or sources of supply. The stream may flow intermittently or

at irregular intervals if that is characteristic of the sources of

supply in the area;

2. "Domestic use" means the use of water by a natural

individual or by a family or household for household purposes, for

farm and domestic animals up to the normal grazing capacity of the

land and for the irrigation of land not exceeding a total of three

(3) acres in area for the growing of gardens, orchards and lawns,

and for such other purposes, specified by Board rules, for which de

minimis amounts are used;

3. "Regular permit" means a permit granted by the Oklahoma

Water Resources Board authorizing the holder to appropriate water on

a year-round basis in an amount and from a source approved by the

Board;

4. "Seasonal permit" means a permit granted by the Board

authorizing the holder of such permit to divert available water for

specified time periods during the calendar year;

5. "Temporary permit" means a permit granted by the Board

authorizing the appropriation of water in an amount and from a

source approved by the Board which does not exceed a time period of

three (3) months, which does not vest in the holder any permanent

right and which may be canceled by the Board in accordance with its

terms;

6. "Term permit" means a permit granted by the Board

authorizing the appropriation of water in an amount and from a

source approved by the Board for a term of years which does not vest

the holder with any permanent right and which expires upon

expiration of the term of the permit; and

7. "Provisional temporary permit" means a permit which may be

summarily granted upon administrative approval by the Executive

Director of the Oklahoma Water Resources Board and which authorizes

an appropriation of water in an amount and from a source approved by

the Executive Director. A provisional temporary permit shall

authorize an appropriation for a period of time not exceeding ninety

(90) days, shall not vest in the holder any permanent water right

and shall be subject to cancellation by the Board at any time within

its term in accordance with its provisions. A provisional temporary

permit may be renewed three (3) times for the oil and natural gas

industry except in a sole source aquifer.

Added by Laws 1972, c. 256, § 1. Amended by Laws 1981, c. 35, § 1,

emerg. eff. April 8, 1981; Laws 1995, c. 112, § 1, eff. Nov. 1,

1995; Laws 2024, c. 367, § 1, emerg. eff. May 31, 2024.

§82-105.1A.

Purpose of law - Legislative intent.

Oklahoma Statutes - Title 82. Waters and Water Rights

It is the intent of the Oklahoma Legislature that the purpose of

Section 105.1 through Section 105.32 of this title is to provide for

stability and certainty in water rights by replacing the

incompatible dual systems of riparian and appropriative water rights

which governed the use of water from definite streams in Oklahoma

prior to June 10, 1963, with an appropriation system of regulation

requiring the beneficial use of water and providing that priority in

time shall give the better right. These sections are intended to

provide that riparian landowners may use water for domestic uses and

store water in definite streams and that appropriations shall not

interfere with such domestic uses, to recognize through

administrative adjudications all uses, riparian and appropriative,

existing prior to June 10, 1963, and to extinguish future claims to

use water, except for domestic use, based only on ownership of

riparian lands.

Added by Laws 1993, c. 310, § 1, emerg. eff. June 7, 1993.