Oklahoma § 82-105.12 - Approval of application by Oklahoma Water Resources

§ 82-105.12. Approval of application by Oklahoma Water Resources

Board – Use of water outside the state.

A. In order to protect the public welfare of the citizens of

Oklahoma and before the Oklahoma Water Resources Board takes final

action on the application, the Board shall determine from the

evidence presented whether:

Oklahoma Statutes - Title 82. Waters and Water Rights

1. There is unappropriated water available in the amount

applied for;

2. The applicant has a present or future need for the water and

the use to which applicant intends to put the water is a beneficial

use. In making this determination, the Board shall consider the

availability of all stream water sources and other relevant matters

as the Board deems appropriate, and may consider the availability of

groundwater as an alternative source;

3. The proposed use does not interfere with domestic or

existing appropriative uses;

4. If the application is for the transportation of water for

use outside the stream system wherein the water originates, the

proposed use must not interfere with existing or proposed beneficial

uses within the stream system and the needs of the water users

therein. In making this determination, the Board shall utilize the

review conducted pursuant to subsection B of this section; and

5. If the application is for use of water out of state, the

Board shall, in addition to the criteria set forth in this

subsection, also evaluate whether the water that is the subject of

the application could feasibly be transported to alleviate water

shortages in the State of Oklahoma.

If the evidence is determined to be sufficient, and subject to

subsection B of this section, the Board shall approve the

application by issuing a permit to appropriate water. The permit

shall state the time within which the water shall be applied to

beneficial use. In the absence of appeal as provided by the

Administrative Procedures Act, the decision of the Board shall be

final.

B. 1. In the granting of water rights for the transportation

of water for use outside the stream system wherein water originates,

pending applications to use water within the stream system shall

first be considered in order to assure that applicants within the

stream system shall have all of the water required to adequately

supply their beneficial uses.

2. The Board shall review the needs within the area of origin

every five (5) years to determine whether the water supply is

adequate for municipal, industrial, domestic, and other beneficial

uses.

C. The review conducted pursuant to paragraph 2 of subsection B

of this section shall not be used to reduce the quantity of water

authorized to be used pursuant to permits issued prior to such

review. Such permits, however, remain subject to loss, in whole or

in part, due to nonuse, forfeiture or abandonment, pursuant to this

title.

D. On the filing of an application or amendment to use water

outside the state, the applicant shall designate an agent in the

Oklahoma Statutes - Title 82. Waters and Water Rights

State of Oklahoma for service of process and to receive other

notices.

E. In the event of a conflict between the conditions of use

required in Oklahoma and conditions required in another state, the

water right holder shall consent to conditions imposed by the Board.

F. Permits and amendments that authorize the use of water

outside the state shall be subject to review by the Board at least

every ten (10) years after the date of issuance to determine whether

there has been a substantial or material change relating to any

matters set forth in subsection A of this section. The Board may

impose additional conditions as described by Board rules to address

any such substantial or material change.

G. Notwithstanding the provisions of any other law that may be

deemed inconsistent with this section, the Board shall promulgate

rules and apply the provisions of Section 1 of this act and

subsections A, B, D, E, and F of this section to applications for

use of water for which no final adjudication has been made by the

Oklahoma Water Resources Board before the effective date of this

act.

Added by Laws 1972, c. 256, § 12. Amended by Laws 1988, c. 203, §

3, emerg. eff. June 10, 1988; Laws 1993, c. 164, § 3, emerg. eff.

May 10, 1993; Laws 2009, c. 403, § 2, emerg. eff. June 1, 2009.

§82-105.12A. Permits to use water outside of state.

A. The State of Oklahoma has long recognized the importance of

the conservation and preservation of its public waters and the

necessity to maintain adequate supplies for the present and future

water requirements of the state and to protect the public welfare of

its citizens, and has entered into interstate compacts for that

purpose.

B. No permit issued by the Oklahoma Water Resources Board to

use water outside the boundaries of the State of Oklahoma shall:

1. Impair the ability of the State of Oklahoma to meet its

obligations under any interstate stream compact; or

2. Impair or affect the powers, rights, or obligations of the

United States, or those claiming under its authority or law, in,

over and to water apportioned by interstate compacts.

C. Water apportioned to the State of Oklahoma by an interstate

compact is subject to the right and power of the State of Oklahoma

to control, among other matters, the method of diversion of the

water and the place of use.

D. No permit for the use of water out of state shall authorize

use of water apportioned to the State of Oklahoma under an

interstate compact unless specifically authorized by an act of the

Oklahoma Legislature and thereafter as approved by it.

Added by Laws 2009, c. 403, § 1, emerg. eff. June 1, 2009.

Oklahoma Statutes - Title 82. Waters and Water Rights