{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1020.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1020.9","heading":"Approval of application","body":"A. 1. Before the Oklahoma Water Resources Board takes final\n\naction on an application, the Board shall determine from the\n\nevidence presented, from the hydrologic surveys or reports and from\n\nother relevant data available to the Board and applicant, whether:\n\na. the lands owned or leased by the applicant overlie a\n\nfresh groundwater basin or subbasin,\n\nb. the use to which the applicant intends to put the\n\nwater is a beneficial use,\n\nc. waste as specified by Section 1020.15 of this title\n\nwill occur, and\n\nd. the proposed use is likely to degrade or interfere\n\nwith springs or streams emanating in whole or in part\n\nfrom water originating from a sensitive sole source\n\ngroundwater basin or subbasin as defined in Section\n\n1020.9A of this title.\n\n2. The Board shall approve the application by issuing a regular\n\npermit, if the Board finds that:\n\na. the lands owned or leased by the applicant overlie the\n\nfresh groundwater basin or subbasin,\n\nb. the use to which the applicant intends to put the\n\nwater is a beneficial use,\n\nc. waste specified by Section 1020.15 of this title will\n\nnot occur. When determining whether waste will occur\n\npursuant to this subparagraph, if the activity for\n\nwhich the applicant intends to use the water is\n\nrequired to comply with rules and requirements of or\n\nis within the jurisdictional areas of environmental\n\nresponsibility of the Department of Environmental\n\nQuality or the State Department of Agriculture, Food,\n\nand Forestry the Board shall be precluded from making\n\na determination whether waste by pollution pursuant to\n\nparagraph 7 of subsection A of Section 1020.15 of this\n\ntitle will occur as a result of such activity. Each\n\ngroundwater protection agency, as such term is defined\n\nby Section 1-1-201 of Title 27A of the Oklahoma\n\nStatutes, shall be responsible for developing and\n\nenforcing groundwater protection practices to prevent\n\ngroundwater contamination from activities within their\n\nrespective jurisdictional areas of environmental\n\nresponsibility, and\n\nd. the proposed use is not likely to degrade or interfere\n\nwith springs or streams emanating in whole or in part\n\nfrom water originating from a sensitive sole source\n\ngroundwater basin as defined in Section 1020.9A of\n\nthis title.\n\nB. Except as otherwise provided in subsection C of this\n\nsection, a regular permit shall allocate to the applicant the\n\nproportionate part of the maximum annual yield of the basin or\n\nsubbasin. The proportionate part shall be that percentage of the\n\ntotal annual yield of the basin or subbasin, previously determined\n\nto be the maximum annual yield as provided in Section 1020.5 of this\n\ntitle, which is equal to the percentage of the land overlying the\n\nfresh groundwater basin or subbasin which the applicant owns or\n\nleases and which is dedicated to the application.\n\nC. If the lands dedicated to the application overlie two or\n\nmore groundwater basins and both basins have had maximum annual\n\nyields determined, the amount to be authorized by the regular permit\n\nshall be calculated on the basin having the greatest maximum annual\n\nyield. If the lands dedicated to the application overlie two or\n\nmore groundwater basins or subbasins and the maximum annual yield\n\nhas been determined for at least one but not all the basins or\n\nsubbasins, a temporary permit may be issued to the applicant if the\n\napplicant demonstrates by substantial competent evidence that the\n\nwater to be withdrawn by the temporary permit will not be taken from\n\na basin or subbasin for which the maximum annual yield has been\n\ndetermined. If the land overlies two or more groundwater basins or\n\nsubbasins and the maximum annual yield has not been determined for\n\nany of the basins or subbasins, more than one temporary permit may\n\nbe issued for the land if the applicant demonstrates by substantial\n\ncompetent evidence from which basin the water will be withdrawn for\n\neach of the permits.\nch the maximum annual yield has been\n\ndetermined. If the land overlies two or more groundwater basins or\n\nsubbasins and the maximum annual yield has not been determined for\n\nany of the basins or subbasins, more than one temporary permit may\n\nbe issued for the land if the applicant demonstrates by substantial\n\ncompetent evidence from which basin the water will be withdrawn for\n\neach of the permits.\n\nD. The permit shall specify the location of the permitted well\n\nor wells and other terms and conditions as specified by the Board,\n\nincluding, but not limited to, the rate of withdrawal, the level of\n\nperforating and the level of sealing the well. A regular permit\n\nshall not be granted for less than the remaining life of the basin\n\nor subbasin as previously determined by the Board.\n\nE. Except for applications for use of groundwater from sole\n\nsource aquifers, if the Board's final action to approve an\n\napplication is appealed, the applicant may take and use groundwater\n\nas is set forth under the permit while any appeals are pending with\n\nthe Board, in district court, or in the appellate courts. For a\n\ncourt to enjoin the approved use of groundwater pending appeal,\n\nappellants must show a high likelihood of success on the merits,\n\nthat there is clear and convincing evidence that they will suffer\n\nirreparable harm, that the balance of the equities tips\n\nsignificantly in their favor, and that the order is clearly in the\n\npublic interest. Any preliminary injunctive relief must be narrowly\n\ndrawn, extend no further than necessary to correct the harm the\n\ncourt finds requires preliminary relief, and be the least intrusive\n\nmeans necessary to correct that harm. For sole source aquifers, if\n\nthe Board's final action to approve an application is appealed, a\n\ndistrict court may enjoin the approved use of groundwater pending\n\nappeal by appellants showing any one of the following:\n\n1. Appellants must show a high likelihood of success on the\n\nmerit;\n\n2. That there is clear and convincing evidence that they will\n\nsuffer irreparable harm;\n\n3. That the balance of the equities tips significantly in their\n\nfavor; or\n\n4. That the order is clearly in the public interest.\n\nF. If all statutory requirements for groundwater permits are\n\nfulfilled and the Board approves the application, appeals seeking to\n\nprohibit the use of water based solely on the industry or entity\n\napplying to use the water are considered to have no genuine issue as\n\nto any material fact and shall be dismissed pursuant to Section 2056\n\nof Title 12 of the Oklahoma Statutes. Further, if such claims are\n\nfound to be frivolous, the court may impose sanctions against the\n\nappellant, the appellant's attorney, or both including requiring the\n\nappellant or the appellant's attorney to reimburse the appellee for\n\nreasonable costs and expenses such as reasonable attorney fees and\n\nother expenses incurred as a result of the appeal.","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":"a53604c2cc0409508f12d6a36c613e6b3d6a3acc7596ad84dd5bff92447e938c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1020.8","next":"us-ok/okla.-stat.-tit.-82-82-1020.9a"},"notice":"GroundRules: Original legal text. Not legal advice."}