Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 20 - Appropriation and Use of Stream Water
Subchapter 3 - Application Requirements and Processing
Section 785:20-3-9 - Defective applications; when applications deemed withdrawn

(a) Upon the filing of an application that is defective as to form or unsatisfactory as to feasibility or safety of the plan or as to the showing of the ability of the applicant to carry the construction to completion, the Board shall advise the applicant of the correction, amendments, or changes required, and sixty (60) days from the date the Board so advises shall be allowed for the refiling thereof.[82:105.10]

(b) If refiled corrected as required within such time, the application shall, upon being accepted, take priority as of the date of its original filing, subject to compliance with further provisions of the law andthe rules herein. [82:105.10]

(c) Any corrected application filed after the time allowed in (a) of this Section shall be treated in all respects asa new application on the date of its refiling [82:105.10] and the original priority date of filing shall be lost.

(d) If an applicant does not correct an application or publish notice as instructed by the Board, and no further proceedings are initiated by the applicant for six months or more after last contact with the Board, the application shall be deemed withdrawn. The Board shall provide notice to the applicant that the application has been deemed withdrawn.

(e) For applications that have been pending for more than three (3) years prior toJune 5, 2000, the Board shall provide written notice to the applicant at the applicant's last-known address that the application shall be deemed withdrawn and the priority date based on the original filing date shall be lost unless the applicant provides notice of the application as instructed by the Board. The Board shall provide an opportunity for a hearing if requested in order for the applicant to show cause why:

(f) For applications that the Board initially determines may remain pending pursuant to subsection (e) of this section, such applications may remain pending for more than three (3) years and retain the priority date based on the original filing date or date of refiling in compliance with this Section if the applicant files a request to extend pending status of the application before the end of the first three-year period and each successive three-year period thereafter and the Board determines after notice and an opportunity for hearing that the application may remain pending. If a request to extend pending status is not filed in time and as required by Board rules, the application will be deemed withdrawn [82 O.S. 105.10].