Oklahoma § 82-105.18 - Loss of right to use water - Notice - Hearing

Full text of Oklahoma Oklahoma Statutes § 82-105.18 — Loss of right to use water - Notice - Hearing, with citation guidance and answers to common questions.

§ 82-105.18. Loss of right to use water - Notice - Hearing

A. When the Board has reasonable cause to believe that the

right to use water has been lost in whole or in part, as provided in

Section 105.17 of this title, the Board may proceed to cancel

administratively such right by notifying the claimant of such right,

or his latest successor in such rights, by written notification

mailed by registered or certified mail to his last known address

that there is reasonable cause for believing that he has lost his

water rights under the provisions of Section 105.16 or 105.17 of

this title.

Oklahoma Statutes - Title 82. Waters and Water Rights

B. Such notice shall be mailed at least thirty (30) days prior

to the date set for the hearing and shall give the time and place

set for the hearing on such water rights; provided that if there is

evidence that delivery of such notice by registered or certified

mail cannot be made to the claimant, or his successor in such water

rights, the Board shall give notice by publishing the same in a

local newspaper qualified to publish such notice, nearest the point

where said water right had attached, once each week for two (2)

consecutive weeks. Such hearing date shall be set not earlier than

thirty (30) days after the last publication date of said notice.

C. At such hearing the claimant of such water right, or his

successor in such right, shall have the right to show cause why such

water right should not be declared to have been lost through nonuse.

Such cause may be shown by substantial competent evidence that the

failure to beneficially use the water subject to forfeiture was

caused by circumstances beyond the control of the claimant and the

claimant was ready and willing to use the water.

Procedures of hearings and appeals shall be governed by the

Administrative Procedures Act.

D. Provided, that the failure of the Board to determine that a

right to use water has been lost in whole or in part for nonuse

shall not in any way revive or continue the said right.

Laws 1972, c. 256, § 18; Laws 1979, c. 140, § 1; Laws 1993, c. 164,

§ 7, emerg. eff. May 10, 1993.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 82-105.18

What does Oklahoma Statutes § 82-105.18 cover?

Section 82-105.18 ("Loss of right to use water - Notice - Hearing") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 82-105.18?

A common citation format is "Oklahoma Statutes § 82-105.18" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 82-105.18 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.