{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-105.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-105.2","heading":"Right to use water - Domestic use - Priorities","body":"A. Beneficial use shall be the basis, the measure and the limit\n\nof the right to the use of water; provided, that water taken for\n\ndomestic use shall not be subject to the provisions of this act,\n\nexcept as provided in Section 105.5 of this title. Any person has\n\nthe right to take water for domestic use from a stream to which he\n\nis riparian or to take stream water for domestic use from wells on\n\nhis premises. Water for domestic use may be stored in an amount not\n\nto exceed two (2) years' supply. The provisions of this act shall\n\nnot apply to farm ponds or gully plugs which are not located on\n\ndefinite streams and which have been constructed under the\n\nsupervision and specifications of the Soil and Water Conservation\n\nDistricts.\n\nB. Priority in time shall give the better right. From and\n\nafter the date of June 10, 1963, the following priorities for the\n\nuse of water and no other shall exist:\n\n1. Prestatehood uses. Priorities to the quantity of water put\n\nto beneficial use prior to November 15, 1907, to the extent to which\n\nthe priority has not been lost in whole or in part pursuant to\n\nSection 105.16 of this title when the same shall have been perfected\n\nas provided by this act and rules and regulations adopted by the\n\nBoard. Such said priorities shall date from the initiation of the\n\nbeneficial use.\n\n2. Spavinaw, Grand, North Canadian, Blue and North Boggy\n\nadjudications. Priorities decreed to exist in adjudications brought\n\nin pursuance of this act where such adjudications have been\n\ninitiated prior to the date of June 10, 1963, to the extent to which\n\nthese priorities have not been lost in whole or in part pursuant to\n\nSection 105.16 of this title. Such said priorities shall be dated\n\nas of the date assigned to them in the respective adjudication\n\ndecrees.\n\n3. Spavinaw, Grand, North Canadian, Blue and North Boggy Rivers\n\n- Applications prior to June 10, 1963. Priorities based upon\n\napplications for appropriations where the same shall have been\n\nperfected heretofore under the law heretofore applicable to the\n\nextent to which the priority has not been lost in whole or in part\n\npursuant to Section 105.16 of this title. Such said priorities\n\nshall be dated as of the date of the application therefor.\n\n4. All other applications. Priorities based upon applications\n\nfor appropriations to the extent the priority has not been lost in\n\nwhole or in part pursuant to Section 105.16 of this title where the\n\nsame shall be perfected after June 10, 1963, as provided by this act\n\nand rules and regulations adopted by the Board pursuant thereto.\n\nSuch said priorities shall date from the date of application for the\n\npriority. Any permit to appropriate water issued by the Board from\n\nand after June 10, 1963, is hereby presumed to be valid and in full\n\nforce and effect to the extent not lost in whole or in part due to\n\nnonuse, forfeiture or abandonment, pursuant to this title.\n\n5. Federal withdrawals. Priorities based on the withdrawal of\n\nwater by the United States pursuant to Section 105.29 of this title\n\nto the extent to which the priority has not been lost in whole or in\n\npart through nonutilization as provided by the said section or\n\npursuant to Section 105.16 of this title. Such said priorities\n\nshall vest in the users of said water as of the date of notification\n\ngiven pursuant to Section 105.29 of this title.\n\n6. Poststatehood - Nonapplicant uses. Priorities based upon\n\npresent beneficial use prior to June 10, 1963, and initiated on or\n\nsubsequent to November 15, 1907, to the extent to which the priority\n\nhas not been lost in whole or in part pursuant to Section 105.16 of\n\nthis title where the same has been perfected as provided by this act\n\nand rules and regulations adopted by the Board pursuant thereto.\n\nSuch said priorities as to each quantity of water shall date from\n\nthe initiation of the beneficial use of that quantity of water.\nquent to November 15, 1907, to the extent to which the priority\n\nhas not been lost in whole or in part pursuant to Section 105.16 of\n\nthis title where the same has been perfected as provided by this act\n\nand rules and regulations adopted by the Board pursuant thereto.\n\nSuch said priorities as to each quantity of water shall date from\n\nthe initiation of the beneficial use of that quantity of water.\n\nProvided, however, that no priority based solely upon this paragraph\n\nshall take priority over priorities which bear a priority date\n\nearlier than the effective date of June 10, 1963, and which arise by\n\nvirtue of compliance with the provisions of the first five\n\nparagraphs of this subsection.\n\n7. Soil Conservation Service sediment pools. Priorities based\n\nupon beneficial use of that portion of the water designated by the\n\nSoil Conservation Service engineers as necessary for the sediment\n\npool where landowners have granted easements without compensation\n\nfor upstream flood control impoundments under the sponsorship of\n\nSoil and Water Conservation Districts prior to June 10, 1963, to the\n\nextent to which the priority has not been lost in whole or in part\n\npursuant to Section 105.16 of this title when the same shall have\n\nbeen perfected as provided by this act and rules and regulations\n\nadopted by the Board. Such said priorities shall date from the date\n\nof the grant of the easement. Subsequent to June 10, 1963, those\n\nlandowners who shall grant easements for such upstream flood control\n\nimpoundments may acquire a priority for beneficial use of that water\n\ndesignated as the sediment pool by complying with paragraph 4 of\n\nsubsection B of this section.\n\nC. When any person might claim a priority under more than one\n\nof the numbered paragraphs of subsection B of this section, he may\n\nelect which paragraphs shall control his priority date. Nothing in\n\nthis provision shall be construed to prohibit his electing different\n\npriorities under one or more of the paragraphs of subsection B of\n\nthis section for different quantities of water.\n\nD. From and after June 10, 1963, the only riparian rights to\n\nthe use of water in a definite stream, except water taken for\n\ndomestic use, are those which have been adjudicated and recognized\n\nas vested through the proceedings under 82 O.S. Supp. 1963, Sections\n\n5 and 6, orders of the Oklahoma Water Resources Board entered\n\nthereunder which became final, and those decreed to exist in the\n\nSpavinaw, Grand, North Canadian, and Blue and North Boggy\n\nadjudications, all to the extent such rights have not been lost, in\n\nwhole or in part, due to nonuse, forfeiture or abandonment, pursuant\n\nto this title.","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":"08a52a1bed93e46c021d0ad3fea48ac1856f4f8b182739b94e555f0ee587154f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-105.1a","next":"us-ok/okla.-stat.-tit.-82-82-105.20"},"notice":"GroundRules: Original legal text. Not legal advice."}