Oklahoma § 82-105.29 - Appropriations of water by the United States

§ 82-105.29. Appropriations of water by the United States

A. Whenever the proper officers of the United States,

authorized by law to construct works for the utilization of waters

within the state, shall notify the Board that the United States

intends to utilize certain specified waters, the water so described,

and unappropriated at the date of such notice, shall not be subject

to further appropriation under the laws of this state, provided that

upon receipt of notice as hereinabove provided the Board shall

prepare and give public notice by publication in at least two

newspapers qualified to publish such notices in each county or

counties in which such stream system or stream systems are situated,

as may be affected by such proposed withdrawal by the United States.

Provided that in counties in which there is but one such newspaper,

it shall be sufficient to publish the said notice in that newspaper.

Such notice shall be published at least thirty (30) days prior to

the date set for the hearing, setting forth the date, time and

place, together with a general description of the proposed works to

be constructed by the United States and location in such stream

system, the volume of water requested under such withdrawal and any

other pertinent information that will be helpful in apprising all

interested parties as to the probable effect of such withdrawal by

the United States. Interested parties may make oral statements for

the record at such hearing, or they may present written statements

at the hearing or before the hearing, to the Board at its offices.

After the hearing the Board shall consider all evidence submitted at

the hearing and determine if the proposed withdrawal is in harmony

with the best interests of the state. Provided further, if the

Board finds that the withdrawal of waters requested is not in the

best interests of the state, then the Board shall:

1. Have the authority to reduce the amount of water requested

for withdrawal; and/or

2. Attach such conditions to the proposed withdrawal as the

Board deems in harmony with the best interests of the state; or

Oklahoma Statutes - Title 82. Waters and Water Rights

3. Reject the request for withdrawal in its entirety. Provided

further, that the Board shall notify the United States, or its

proper officers, of its findings within thirty (30) days after the

final decision has been reached by the Board. Provided further,

that if the Board approves the withdrawal of all or a part of the

waters requested to be withdrawn by the United States or its

authorized officers, such officers shall, within a period of three

(3) years from the date of said notice, file plans for the proposed

works in the office of the Board for its information and no adverse

claim to the use of the waters approved for withdrawal required in

connection with such plans initiated subsequent to the date of such

notice shall be recognized under the laws of the state, except as to

such amount of the water described in such notice as may be formally

released in writing by an officer of the United States, thereunder

duly authorized; provided, that in case of failure to file plans for

the proposed work within three (3) years, as herein required, the

water approved for withdrawal specified in the notice given by the

United States to the Board shall become public water, subject to

general appropriation; provided further that in case the proposed

work as detailed in the plans to be filed as herein required is not

commenced and continued with due diligence within eight (8) years

from the date of filing of the plans with the Board, the water

approved for withdrawal specified in the request for withdrawal

shall become public water subject to general appropriation;

provided, that when actions relating to project authorization for

initiation of construction are delayed pending actions of the

Congress, or water right adjudications by the state, national

emergencies or other valid and good reasons, the Board may extend

the period beyond eight (8) years within which work may be commenced

or resumed as provided herein by making a finding of fact and filing

a report in the office of the Board that it is the opinion of the

Board that releasing the waters involved to general appropriation

may be detrimental to the best interests of the state and the area

involved. Such finding shall state specifically the additional time

to be granted within which proposed work on the project or projects,

covered by plans, shall be commenced or resumed.

B. Any waters withdrawn prior to May 23, 1967, by the United

States under statutes of this state in the stream systems of the

state shall be only those waters necessary for the plans filed for

the project's economic justification and water supply. Any

remaining portion of the waters of such stream system which are not

required for the project as planned by the United States and for

which plans are duly filed with the Board, as hereinabove provided,

shall be subject to general appropriation as provided by state law;

provided further, that any withdrawal notice by the United States

and the filing of project plans by the United States prior to

October 2, 1959, shall be considered as effective and continued in

Oklahoma Statutes - Title 82. Waters and Water Rights

full force to the maximum time allowed above from October 2, 1959.

Provided, that as to said water withdrawn by the United States prior

to May 23, 1967, the Board may extend such time for the causes and

in the manner as provided in this act for the extension of time for

the building of works utilizing waters withdrawn after May 23, 1967.

Laws 1972, c. 256, § 29.