Current through Vol. 42, No. 1, September 16, 2024
(a)
Regular permit.A regular permit authorizes the holder of
such permit to appropriate water on a year-round basis in an
amount and from a source approved by the Board.
[82:105.1(c)]
(b)
Seasonal
permit.A seasonal permit authorizes the holder of such permit to
divert available water for specified time periods during the calendar
year [82:105.1(D)]
(c)
Temporary permit.A temporary permit authorizes the
appropriation of water in an amount and from a source approved by the Board
is valid for a time period not to exceed three (3) months,
does not vest in the holder any permanent right, and may be canceled by the
Board in accordance with its terms. [82:105.1(E)]
(d)
Term permit.A term permit
authorizes the appropriation of water in an amount and from a source
approved by the Board for a term of years which does not vest the holder with
any permanent right and which expires upon expiration of the term
permit. [82:105.1(F)]
(e)
Provisional temporary permit.
(1)
A provisional temporary permit authorizes an appropriation of water in
an amount and from a source approved by the Board. [82:105.1(G)] A
provisional temporary permit is granted by the Board's Executive Director for a
period not to exceed ninety (90) days, is non-renewable, does
not vest in the holder any permanent right and is
subject to cancellation... at any time [82:105.1(G)] within
its term. It is not necessary to hold a hearing, publish application data or
notify adjacent downstream domestic or appropriative users prior to
consideration of this type of permit. The permit may be issued summarily and
immediately at the discretion of and upon administrative approval by the
Executive Director.
(2) A
provisional temporary permit may be issued only where the verified application
and supporting materials filed therewith show:
(A) That the use will not interfere with
domestic or prior appropriative users; and
(B) That economic hardship will occur if the
permit is not granted; and
(C) That
the applicant owns, leases or has the written consent of the respective
landowners to use lands at the point of diversion or lands for placement of
water lines or other appurtenances related to use of the water.
(f)
Limited
quantity permit.
(1) The Executive
Director of the Board may administratively issue regular, seasonal, temporary
or term permits to use 15 acre-feet or less of stream water in a calendar year
or during its term if the term is less than one year [82:105.13].
(2) Notice of the application for such a
permit shall be published by the applicant in a newspaper of general
circulation one time only in the county of the point of diversion and in the
adjacent downstream county, or as otherwise directed by the Board.
(3) Written comments about the application
must be filed with the Board within ten (10) days after the date of publication
or other notice provided.
(4) The
permit may be issued or denied summarily and immediately after the ten (10) day
period at the discretion of the Executive Director, provided that the Executive
Director may require that a hearing on the application be held. After such
hearing, the application shall be presented to the Board with proposed findings
of fact and conclusions of law for consideration.
(5) Limited quantity permits cannot be
combined to authorize the use of more than a total of 15 acre-feet per
year.
(g)
Priorities among classes. In circumstances where there is less
water actually available than that calculated for purposes of considering a
regular permit application, regular permit holders shall have a better right
over all other classes of permits. Among regular permit holders, priority in
time, determined by date of filing an application as provided in these rules,
shall give the better right. Among classes other than regular permit holders,
priority in time, determined by date of filing an application as provided in
these rules, shall give the better right.
Amended at 11 Ok Reg
2917, eff 6-13-94; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 13 Ok Reg
3911, eff 8-7-96 (emergency); Amended at 14 Ok Reg 2750, eff
7-1-97
