{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-105.18","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-105.18","heading":"Loss of right to use water - Notice - Hearing","body":"A. When the Board has reasonable cause to believe that the\n\nright to use water has been lost in whole or in part, as provided in\n\nSection 105.17 of this title, the Board may proceed to cancel\n\nadministratively such right by notifying the claimant of such right,\n\nor his latest successor in such rights, by written notification\n\nmailed by registered or certified mail to his last known address\n\nthat there is reasonable cause for believing that he has lost his\n\nwater rights under the provisions of Section 105.16 or 105.17 of\n\nthis title.\n\nB. Such notice shall be mailed at least thirty (30) days prior\n\nto the date set for the hearing and shall give the time and place\n\nset for the hearing on such water rights; provided that if there is\n\nevidence that delivery of such notice by registered or certified\n\nmail cannot be made to the claimant, or his successor in such water\n\nrights, the Board shall give notice by publishing the same in a\n\nlocal newspaper qualified to publish such notice, nearest the point\n\nwhere said water right had attached, once each week for two (2)\n\nconsecutive weeks. Such hearing date shall be set not earlier than\n\nthirty (30) days after the last publication date of said notice.\n\nC. At such hearing the claimant of such water right, or his\n\nsuccessor in such right, shall have the right to show cause why such\n\nwater right should not be declared to have been lost through nonuse.\n\nSuch cause may be shown by substantial competent evidence that the\n\nfailure to beneficially use the water subject to forfeiture was\n\ncaused by circumstances beyond the control of the claimant and the\n\nclaimant was ready and willing to use the water.\n\nProcedures of hearings and appeals shall be governed by the\n\nAdministrative Procedures Act.\n\nD. Provided, that the failure of the Board to determine that a\n\nright to use water has been lost in whole or in part for nonuse\n\nshall not in any way revive or continue the said right.","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":"5e40567255b7d4e586f4290d7472c2f15707d93ca58c72f9d8f7f8c86f060b08","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-105.17","next":"us-ok/okla.-stat.-tit.-82-82-105.19"},"notice":"GroundRules: Original legal text. Not legal advice."}