{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1020.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1020.2","heading":"Declaration of policy - Applicability","body":"A. It is hereby declared to be the public policy of this state,\n\nin the interest of the agricultural stability, domestic, municipal,\n\nindustrial and other beneficial uses, general economy, health and\n\nwelfare of the state and its citizens, to utilize the ground water\n\nresources of the state, and for that purpose to provide reasonable\n\nregulations for the allocation for reasonable use based on\n\nhydrologic surveys of fresh ground water basins or subbasins to\n\ndetermine a restriction on the production, based upon the acres\n\noverlying the ground water basin or subbasin.\n\nB. The provisions of Section 1020.1 et seq. of this title shall\n\nnot apply to the taking, using or disposal of salt water associated\n\nwith the exploration, production or recovery of oil and gas. The\n\nprovisions of this act shall not apply to the taking, using or\n\ndisposal of water trapped in producing mines outside of a sensitive\n\nsole source groundwater basin or subbasin.\n\nC. Except as provided for in subsection E of this section, the\n\nprovisions of this act shall not apply to the taking, using or\n\ndisposal of water trapped in producing mines:\n\n1. That overlie a sensitive sole source groundwater basin or\n\nsubbasin and have been permitted by the Oklahoma Department of Mines\n\nas of August 1, 2011;\n\n2. That overlie a sensitive sole source groundwater basin or\n\nsubbasin for which an initial application for a permit shall have\n\nbeen filed with the Oklahoma Department of Mines as of August 1,\n\n2011; or\n\n3. That overlie a sensitive sole source groundwater basin or\n\nsubbasin and for which a permit revision is approved by the Oklahoma\n\nDepartment of Mines.\n\nProvided that the use of mine pit water, pursuant to a site-\n\nspecific water management and conservation plan prepared in\n\nconsultation with the Oklahoma Water Resources Board, by mines that\n\nare exempted from this act by the terms of this subsection and in\n\nfurtherance of mine operations and associated manufacturing and\n\ncommercial activities on the mine site, shall be considered as\n\npermitted beneficial uses for all purposes under the laws of the\n\nstate.\n\nD. 1. Except with respect to the mines exempted from the terms\n\nof this act under subsections B and C of this section, the Oklahoma\n\nWater Resources Board, in coordination with the Oklahoma Department\n\nof Mines, shall promulgate rules for the taking, using or disposal\n\nof water collecting in producing mine pits and emanating from a\n\nsensitive sole source groundwater basin or subbasin.\n\n2. The rules promulgated by the Oklahoma Water Resources Board\n\nshall require, subject to a de minimis exemption to be promulgated\n\ntherein, the development by the mine operator of provisions relating\n\nto the augmentation (a beneficial use) of stream flow or\n\ngroundwater, and of site-specific water management and conservation\n\nplans, which plans shall establish threshold hydrologic monitoring,\n\nmanagement and mitigation requirements that are based on relevant\n\nhydrologic surveys and investigations of the sensitive sole source\n\ngroundwater basin or subbasin. Such plans submitted to the Oklahoma\n\nWater Resources Board shall be subject to the provisions of the\n\nOklahoma Open Records Act.\n\n3. The rules promulgated by the Oklahoma Water Resources Board\n\nshall contain provisions relating to augmentation of stream flow or\n\ngroundwater, or both, to offset consumptive use of groundwater\n\ncollecting in the producing mine pit that emanates from a sensitive\n\nsole source groundwater basin or subbasin in amounts greater than\n\nthe equal proportionate share of the maximum annual yield of the\n\ngroundwater basin or subbasin established by the Oklahoma Water\n\nResources Board that may be allocated to the owner or operator of\n\nthe producing mine based on groundwater rights owned or leased by\n\nthe owner or operator.\n\nE. 1. By no later than January 1, 2013, the operator of a mine\nwater basin or subbasin in amounts greater than\n\nthe equal proportionate share of the maximum annual yield of the\n\ngroundwater basin or subbasin established by the Oklahoma Water\n\nResources Board that may be allocated to the owner or operator of\n\nthe producing mine based on groundwater rights owned or leased by\n\nthe owner or operator.\n\nE. 1. By no later than January 1, 2013, the operator of a mine\n\nthat is exempted from this act by the provisions of subsection C of\n\nthis section shall adopt and implement a plan to monitor and report\n\nto the Board the accumulation and disposition of pit water during\n\nthe previous calendar year. The operator shall also file with the\n\nBoard interim quarterly reports containing information about the\n\naccumulation and disposition of pit water during the previous\n\nquarter. The first interim quarterly report for calendar year 2013\n\nshall be sent to the Board by June 30, 2013, and the annual report\n\nfor the calendar year 2013 shall be sent to the Board by March 31,\n\n2014. Thereafter, the annual report for each calendar year shall be\n\nsent to the Board by March 31st of the following year. The\n\nmonitoring plan will provide for the measurement or reasonable\n\nestimation of groundwater and surface water volumes, separately\n\nstated, entering the pit, of the water diverted from the pit, of the\n\ndisposition of the water from the pit, and of the consumptive use,\n\nas defined in this section, of the mine pit water by the mine\n\noperator. The reports received by the Board will be subject to the\n\nprovisions of the Oklahoma Open Records Act. If an operator of a\n\nmine that is exempted from this act by the provisions of subsection\n\nC of this section fails to timely submit an interim quarterly report\n\nor annual report, the exemption of subsection C shall no longer\n\napply to the mine and the rules promulgated pursuant to subsection D\n\nof this section shall become applicable, provided that such rules\n\nshall contain provisions to allow the operator to show cause why the\n\nexemption contained in subsection C of this section should continue\n\nto apply.\n\n2. If, at any time after March 31, 2015, the amount of\n\ngroundwater from the pit (plus amounts of groundwater from permitted\n\nwells, if any) consumptively used in the preceding twelve months by\n\nthe mine operator at a mine described in paragraph 1 of this\n\nsubsection exceeds the annual amount that is equivalent to the equal\n\nproportionate share of the maximum annual yield of the groundwater\n\nbasin or subbasin that could be allocated to the owner or operator\n\nof the producing mine based on groundwater rights owned or leased by\n\nthe owner or operator, then the exemption of subsection C of this\n\nsection shall no longer apply and the provisions of subsection D of\n\nthis section shall become applicable to the mine unless the mine\n\noperator submits a site-specific water management and conservation\n\nplan demonstrating, to the satisfaction of the Board, that such\n\nconsumptive use of groundwater in amounts greater than the\n\nequivalent equal proportionate share either is:\n\na. offset by augmentation of stream water flow or\n\naugmentation of groundwater by recharge, or\n\nb. not likely to reduce the natural flow of springs or\n\nstreams emanating from a sensitive sole source\n\ngroundwater basin or subbasin, or\n\nc. satisfied by the owner or operator acquiring\n\nsufficient groundwater rights within ninety (90) days\n\nof the reported exceedance.\n\nThe plan submitted to the Board will be subject to the provisions of\n\nthe Oklahoma Open Records Act. If the exemption of subsection C of\n\nthis section no longer applies, the rules promulgated by the\n\nOklahoma Water Resources Board pursuant to subsection D of this\n\nsection shall provide a period of at least ninety (90) days to come\n\ninto compliance.\n\n3. If an operator of a mine that is exempt pursuant to\nthe Oklahoma Open Records Act. If the exemption of subsection C of\n\nthis section no longer applies, the rules promulgated by the\n\nOklahoma Water Resources Board pursuant to subsection D of this\n\nsection shall provide a period of at least ninety (90) days to come\n\ninto compliance.\n\n3. If an operator of a mine that is exempt pursuant to\n\nsubsection C of this section operates in compliance with a site-\n\nspecific water management and conservation plan that complies with\n\nrules promulgated by the Board pursuant to subsection D of this\n\nsection, the Board cannot otherwise require the operator of such\n\nmine to take an action or refrain from taking an action that would\n\neffectively prohibit any mining operation or practice that is\n\notherwise allowed by the Oklahoma Department of Mines.\n\nF. For purposes of this section, \"consumptive use\" or\n\n“consumptively used” means diversion of water from a mine pit that\n\nis not returned to the groundwater basin or subbasin, or to a mine\n\npit or holding basin, or to a definite stream, or to the land\n\nsurface from which surface runoff flows into a mine pit. The term\n\n\"consumptive use” includes the estimated moisture content driven off\n\nor carried away with the mined material transported off the mining\n\nsite, plus the amount of evaporation from the mine pit that exceeds\n\nthe amount of direct precipitation and surface runoff into the mine\n\npit, plus any amounts for other proposed beneficial uses off the\n\nmining site.\n\nG. Augmentation of stream flow or groundwater, pursuant to a\n\nsite-specific water management and conservation plan prepared in\n\nconsultation with the Oklahoma Water Resources Board, shall be\n\nconsidered a beneficial use and not waste, and shall not count\n\nagainst permitted surface water or groundwater usage, provided that\n\ntaking, using or disposal of water from a producing mine for stream\n\naugmentation pursuant to a site-specific water management and\n\nconservation plan prepared in consultation with the Oklahoma Water\n\nResources Board, may be claimed in annual water use reports as a\n\nbeneficial use for purposes of the maintenance of the right to use\n\nsurface water under any permit applicable to such mine. The mine\n\npit shall be considered a diversion point authorized by the surface\n\nwater use permit issued to the mine operator whenever there is\n\nconsumptive use of surface water or the surface water is used for\n\nstream augmentation.","path":["OK Code","Title 82"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os82.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"48db3bca01478f8b6991ab957bc3d00a5cb0563a815ac50151fd85a41ef66c19","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1020.19","next":"us-ok/okla.-stat.-tit.-82-82-1020.20"},"notice":"GroundRules: Original legal text. Not legal advice."}