{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-105.12","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-105.12","heading":"Approval of application by Oklahoma Water Resources","body":"Board – Use of water outside the state.\n\nA. In order to protect the public welfare of the citizens of\n\nOklahoma and before the Oklahoma Water Resources Board takes final\n\naction on the application, the Board shall determine from the\n\nevidence presented whether:\n\n1. There is unappropriated water available in the amount\n\napplied for;\n\n2. The applicant has a present or future need for the water and\n\nthe use to which applicant intends to put the water is a beneficial\n\nuse. In making this determination, the Board shall consider the\n\navailability of all stream water sources and other relevant matters\n\nas the Board deems appropriate, and may consider the availability of\n\ngroundwater as an alternative source;\n\n3. The proposed use does not interfere with domestic or\n\nexisting appropriative uses;\n\n4. If the application is for the transportation of water for\n\nuse outside the stream system wherein the water originates, the\n\nproposed use must not interfere with existing or proposed beneficial\n\nuses within the stream system and the needs of the water users\n\ntherein. In making this determination, the Board shall utilize the\n\nreview conducted pursuant to subsection B of this section; and\n\n5. If the application is for use of water out of state, the\n\nBoard shall, in addition to the criteria set forth in this\n\nsubsection, also evaluate whether the water that is the subject of\n\nthe application could feasibly be transported to alleviate water\n\nshortages in the State of Oklahoma.\n\nIf the evidence is determined to be sufficient, and subject to\n\nsubsection B of this section, the Board shall approve the\n\napplication by issuing a permit to appropriate water. The permit\n\nshall state the time within which the water shall be applied to\n\nbeneficial use. In the absence of appeal as provided by the\n\nAdministrative Procedures Act, the decision of the Board shall be\n\nfinal.\n\nB. 1. In the granting of water rights for the transportation\n\nof water for use outside the stream system wherein water originates,\n\npending applications to use water within the stream system shall\n\nfirst be considered in order to assure that applicants within the\n\nstream system shall have all of the water required to adequately\n\nsupply their beneficial uses.\n\n2. The Board shall review the needs within the area of origin\n\nevery five (5) years to determine whether the water supply is\n\nadequate for municipal, industrial, domestic, and other beneficial\n\nuses.\n\nC. The review conducted pursuant to paragraph 2 of subsection B\n\nof this section shall not be used to reduce the quantity of water\n\nauthorized to be used pursuant to permits issued prior to such\n\nreview. Such permits, however, remain subject to loss, in whole or\n\nin part, due to nonuse, forfeiture or abandonment, pursuant to this\n\ntitle.\n\nD. On the filing of an application or amendment to use water\n\noutside the state, the applicant shall designate an agent in the\n\nState of Oklahoma for service of process and to receive other\n\nnotices.\n\nE. In the event of a conflict between the conditions of use\n\nrequired in Oklahoma and conditions required in another state, the\n\nwater right holder shall consent to conditions imposed by the Board.\n\nF. Permits and amendments that authorize the use of water\n\noutside the state shall be subject to review by the Board at least\n\nevery ten (10) years after the date of issuance to determine whether\n\nthere has been a substantial or material change relating to any\n\nmatters set forth in subsection A of this section. The Board may\n\nimpose additional conditions as described by Board rules to address\n\nany such substantial or material change.\n\nG. Notwithstanding the provisions of any other law that may be\n\ndeemed inconsistent with this section, the Board shall promulgate\n\nrules and apply the provisions of Section 1 of this act and\nmaterial change relating to any\n\nmatters set forth in subsection A of this section. The Board may\n\nimpose additional conditions as described by Board rules to address\n\nany such substantial or material change.\n\nG. Notwithstanding the provisions of any other law that may be\n\ndeemed inconsistent with this section, the Board shall promulgate\n\nrules and apply the provisions of Section 1 of this act and\n\nsubsections A, B, D, E, and F of this section to applications for\n\nuse of water for which no final adjudication has been made by the\n\nOklahoma Water Resources Board before the effective date of this\n\nact.","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":"fa8bc52d1f0969297231362870399e7793fa5646724b5b4cb5f6a2772e1256e7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-105.11","next":"us-ok/okla.-stat.-tit.-82-82-105.12a"},"notice":"GroundRules: Original legal text. Not legal advice."}