Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 20 - Appropriation and Use of Stream Water
Subchapter 5 - Notice, Hearings and Board Actions
Section 785:20-5-4 - Board determination and approval of application
Universal Citation: OK Admin Code 785:20-5-4
Current through Vol. 42, No. 1, September 16, 2024
(a) Elements of statute. Before taking final action on the application, the Board shall determine from the evidence presented whether:
(1)
Unappropriated water is available in the amount applied for
[82:105.12(A)(1)] (as set forth in
785:20-5-5(a)
and (b));
(2)
The applicant has a present or
future need for the water and the use to which applicant intends to put the
water is a beneficial use. In making this determination, the Board shall
consider the availability of all stream water sources and such other relevant
matters as the Board deems appropriate, and may consider the availability of
groundwater as an alternative source [82:105.12(A)(2)] as set forth in
785:20-5-5(c);
(3)
The proposed use does not
interfere with domestic or existing appropritive uses
[82:105.12(A)(3)] as set forth in
785:20-5-5(d);
and
(4)
If the application
is for the transportation of water for use outside the stream system wherein
the water originates, [82:105.12(A)(4)] the provisions of Section
785:20-5-6
are met.
(b) Application approval.If the Board determines that the elements listed in subsection (a) of this section and the applicable provisions of this chapter of the rules have been established, the Board shall approve the application by issuing a permit to appropriate water. [82:105.12(A)]
Amended at 10 Ok Reg 3281, eff 6-25-93; Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95; Amended at 13 Ok Reg 2853, eff 7-1-96
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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