{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-105.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-105.10","heading":"Rules governing applications","body":"A. 1. The date of receipt of an application for use of stream\n\nwater in the office of the Oklahoma Water Resources Board shall be\n\nendorsed and shall be noted in the records of the Board.\n\n2. If the application is defective as to form or unsatisfactory\n\nas to feasibility or safety of the plan, or as to the showing of the\n\nability of the applicant to carry the construction to completion,\n\nthe Board shall advise the applicant of the correction, amendments\n\nor changes required. The applicant shall have not more than sixty\n\n(60) days from the date the Board so advises to refile such\n\napplication. If refiled, corrected as required, within the\n\nspecified time limit, the application shall, upon being accepted by\n\nthe Board, take priority as of date of its original filing, subject\n\nto compliance with the further provisions of the law and the rules\n\npromulgated thereto. Any corrected application filed after the time\n\nallowed shall be treated in all respects as an original application\n\nreceived on the date of its refiling.\n\n3. The plans of construction may be amended, with the approval\n\nof the Board, at any time, provided that no change shall authorize\n\nan extension of time for construction or placing the water to\n\nbeneficial use beyond that authorized in the permit, except as\n\nprovided in Section 105.15 of this title. A change in the proposed\n\npoint of diversion of water from a stream shall be subject to the\n\napproval of the Board and shall not be allowed to the detriment of\n\nthe rights of others having valid claims to the use of water from\n\nthe stream.\n\nB. 1. For applications that have been pending for more than\n\nthree (3) years prior to the effective date of this section, the\n\nBoard shall provide written notice to the applicant at the\n\napplicant’s last-known address that the application shall be deemed\n\nwithdrawn and the priority date based on the original filing date\n\nshall be lost unless the applicant provides notice of the\n\napplication as instructed by the Board. The Board shall provide an\n\nopportunity for a hearing if requested in order for the applicant to\n\nshow cause why:\n\na. notice should not be published, and\n\nb. the application should not be deemed withdrawn and the\n\npriority date lost.\n\n2. Cause may be shown by substantial competent evidence that:\n\na. the applicant has been diligently pursuing plans for\n\nthe project for which the water is proposed to be\n\nused,\n\nb. construction of the project is still practical, and\n\nc. the applicant is still able to complete the project.\n\n3. If the Board receives no response to the notice, the\n\napplication shall be deemed withdrawn and priority date lost.\n\nC. 1. After the effective date of this section, applications\n\nmay remain pending for more than three (3) years and retain the\n\npriority date based on the original filing date if the applicant\n\nfiles a request to extend pending status of the application before\n\nthe end of the first three-year period and each successive three-\n\nyear period thereafter and as required by rules promulgated by the\n\nBoard.\n\n2. If a request to extend pending status is not filed in time\n\nand as required by Board rules, the application will be deemed\n\nwithdrawn.","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":"b40a5b2156498022384509dafb74e0c91ab310a04cb724cb998a495629f4c82d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-105.1","next":"us-ok/okla.-stat.-tit.-82-82-105.11"},"notice":"GroundRules: Original legal text. Not legal advice."}