Oklahoma § 82-105.22 - Severance and transfer of water right

§ 82-105.22. Severance and transfer of water right

All water used in this state for irrigation purposes shall

remain appurtenant to the land upon which it is used: Provided, that

if for any reason it should at any time become impracticable to

beneficially or economically use water for the irrigation of any

land to which the right of use of same is appurtenant, said right

may be severed from said land, and simultaneously transferred, and

become appurtenant to other land, without losing priority of right

Oklahoma Statutes - Title 82. Waters and Water Rights

theretofore established, if such change can be made without

detriment to existing rights, on the approval of an application of

the owner to the Board. Before the approval of such application,

the applicant must give notice thereof by publication once a week

for two (2) consecutive weeks in a newspaper or newspapers of

general circulation in the county or counties in which each tract of

land is located. The notice shall be in the form prescribed by the

Board and shall include the name of the applicant, the date, time

and place and kind of use and a description of the nature of the

proposed change. The final publication of the notice shall precede

the date of the hearing by at least thirty (30) days.

After proof of notice and hearing, the Board shall issue its

order. The order may deny or grant the application in whole or in

part upon such conditions as are necessary to preserve the rights of

the parties. Any person aggrieved by the order may seek relief as

provided for in The Administrative Procedures Act.

Laws 1972, c. 256, § 22.