{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-745.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-745.8","heading":"Criteria for approval of permit or revision application","body":"No permit or revision application shall be approved unless the\n\napplication affirmatively demonstrates and the Department finds in\n\nwriting, on the basis of the information set forth in the\n\napplication or from information otherwise available, which will be\n\ndocumented in the approval and made available to the applicant,\n\nthat:\n\n1. The permit application is accurate and complete and that all\n\nthe requirements of this act have been complied with;\n\n2. The applicant has demonstrated that reclamation as required\n\nby this act can be accomplished under the reclamation plan contained\n\nin the permit application;\n\n3. The assessment of the probable cumulative impact of all\n\nanticipated mining in the area on the hydrologic balance has been\n\nmade by the Department and the proposed operation has been designed\n\nto prevent material damage to hydrologic balance outside the permit\n\narea;\n\n4. The area proposed to be mined is not included within an area\n\ndesignated unsuitable for surface coal mining, or is not within an\n\narea under study for such designation unless the operator\n\ndemonstrates he has made substantial legal and financial commitments\n\nto the operation prior to January 1, 1977; and\n\n5. In cases when the private coal or other mineral estate has\n\nbeen severed from the private surface estate, the applicant has\n\nsubmitted to the Department:\n\na. the written consent of the surface owner to the\n\nextraction of coal by surface mining methods, or\n\nb. a conveyance that expressly grants or reserves the\n\nright to extract the coal by surface mining methods.\n\nIf the conveyance does not expressly grant the right to extract\n\ncoal by surface mining methods, the surface-subsurface legal\n\nrelationship shall be determined in accordance with state law.\n\nNothing in this act shall be construed to authorize the Department\n\nto adjudicate property rights disputes.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"873d731d100f285670b6b20ee101450bb228372a92b2c7b837707d8c8160cd6c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-745.7","next":"us-ok/okla.-stat.-tit.-45-45-745.9"},"notice":"GroundRules: Original legal text. Not legal advice."}