{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-105.29","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-105.29","heading":"Appropriations of water by the United States","body":"A. Whenever the proper officers of the United States,\n\nauthorized by law to construct works for the utilization of waters\n\nwithin the state, shall notify the Board that the United States\n\nintends to utilize certain specified waters, the water so described,\n\nand unappropriated at the date of such notice, shall not be subject\n\nto further appropriation under the laws of this state, provided that\n\nupon receipt of notice as hereinabove provided the Board shall\n\nprepare and give public notice by publication in at least two\n\nnewspapers qualified to publish such notices in each county or\n\ncounties in which such stream system or stream systems are situated,\n\nas may be affected by such proposed withdrawal by the United States.\n\nProvided that in counties in which there is but one such newspaper,\n\nit shall be sufficient to publish the said notice in that newspaper.\n\nSuch notice shall be published at least thirty (30) days prior to\n\nthe date set for the hearing, setting forth the date, time and\n\nplace, together with a general description of the proposed works to\n\nbe constructed by the United States and location in such stream\n\nsystem, the volume of water requested under such withdrawal and any\n\nother pertinent information that will be helpful in apprising all\n\ninterested parties as to the probable effect of such withdrawal by\n\nthe United States. Interested parties may make oral statements for\n\nthe record at such hearing, or they may present written statements\n\nat the hearing or before the hearing, to the Board at its offices.\n\nAfter the hearing the Board shall consider all evidence submitted at\n\nthe hearing and determine if the proposed withdrawal is in harmony\n\nwith the best interests of the state. Provided further, if the\n\nBoard finds that the withdrawal of waters requested is not in the\n\nbest interests of the state, then the Board shall:\n\n1. Have the authority to reduce the amount of water requested\n\nfor withdrawal; and/or\n\n2. Attach such conditions to the proposed withdrawal as the\n\nBoard deems in harmony with the best interests of the state; or\n\n3. Reject the request for withdrawal in its entirety. Provided\n\nfurther, that the Board shall notify the United States, or its\n\nproper officers, of its findings within thirty (30) days after the\n\nfinal decision has been reached by the Board. Provided further,\n\nthat if the Board approves the withdrawal of all or a part of the\n\nwaters requested to be withdrawn by the United States or its\n\nauthorized officers, such officers shall, within a period of three\n\n(3) years from the date of said notice, file plans for the proposed\n\nworks in the office of the Board for its information and no adverse\n\nclaim to the use of the waters approved for withdrawal required in\n\nconnection with such plans initiated subsequent to the date of such\n\nnotice shall be recognized under the laws of the state, except as to\n\nsuch amount of the water described in such notice as may be formally\n\nreleased in writing by an officer of the United States, thereunder\n\nduly authorized; provided, that in case of failure to file plans for\n\nthe proposed work within three (3) years, as herein required, the\n\nwater approved for withdrawal specified in the notice given by the\n\nUnited States to the Board shall become public water, subject to\n\ngeneral appropriation; provided further that in case the proposed\n\nwork as detailed in the plans to be filed as herein required is not\n\ncommenced and continued with due diligence within eight (8) years\n\nfrom the date of filing of the plans with the Board, the water\n\napproved for withdrawal specified in the request for withdrawal\n\nshall become public water subject to general appropriation;\n\nprovided, that when actions relating to project authorization for\n\ninitiation of construction are delayed pending actions of the\n\nCongress, or water right adjudications by the state, national\nn eight (8) years\n\nfrom the date of filing of the plans with the Board, the water\n\napproved for withdrawal specified in the request for withdrawal\n\nshall become public water subject to general appropriation;\n\nprovided, that when actions relating to project authorization for\n\ninitiation of construction are delayed pending actions of the\n\nCongress, or water right adjudications by the state, national\n\nemergencies or other valid and good reasons, the Board may extend\n\nthe period beyond eight (8) years within which work may be commenced\n\nor resumed as provided herein by making a finding of fact and filing\n\na report in the office of the Board that it is the opinion of the\n\nBoard that releasing the waters involved to general appropriation\n\nmay be detrimental to the best interests of the state and the area\n\ninvolved. Such finding shall state specifically the additional time\n\nto be granted within which proposed work on the project or projects,\n\ncovered by plans, shall be commenced or resumed.\n\nB. Any waters withdrawn prior to May 23, 1967, by the United\n\nStates under statutes of this state in the stream systems of the\n\nstate shall be only those waters necessary for the plans filed for\n\nthe project's economic justification and water supply. Any\n\nremaining portion of the waters of such stream system which are not\n\nrequired for the project as planned by the United States and for\n\nwhich plans are duly filed with the Board, as hereinabove provided,\n\nshall be subject to general appropriation as provided by state law;\n\nprovided further, that any withdrawal notice by the United States\n\nand the filing of project plans by the United States prior to\n\nOctober 2, 1959, shall be considered as effective and continued in\n\nfull force to the maximum time allowed above from October 2, 1959.\n\nProvided, that as to said water withdrawn by the United States prior\n\nto May 23, 1967, the Board may extend such time for the causes and\n\nin the manner as provided in this act for the extension of time for\n\nthe building of works utilizing waters withdrawn after May 23, 1967.","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":"3af734577c231512b76d7a6940a899294fc9d968f82944e7224cddd04c48959e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-105.28","next":"us-ok/okla.-stat.-tit.-82-82-105.3"},"notice":"GroundRules: Original legal text. Not legal advice."}