Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 20 - Appropriation and Use of Stream Water
Subchapter 7 - Permits
Section 785:20-7-3.1 - Contents of permits to divert water from Barren Fork Creek

(a) This section shall apply to permits (except provisional temporary permits) issued after July 1, 2003, to divert water from the Barren Fork Creek and its tributaries in Adair and Cherokee Counties, provided that this section shall not be construed to alter or remove any condition on diversions based on flow in permits issued prior to July 1, 2003.

(b) Unless contrary information is shown and the Board determines that a different flow restriction is needed for aquatic community purposes on the Barren Fork Creek, the Board will include a condition in the permit that diversions must be temporarily suspended beginning the sixth day after the stream flow measured at the United States Geological Survey gage number 07197000 near Eldon, Oklahoma, falls below 50 cfs for a period of five (5) consecutive days.

(c) The condition shall indicate that the temporary suspension shall continue until the flow at the Eldon gage increases to 50 cfs.

(d) In establishing the condition, the Board may utilize an alternative gage that reliably measures stream flow on the Barren Fork Creek or its tributaries and may make corresponding adjustments to the flow restriction.

(e) Details relating to notice of the flow at the Eldon gage (or its equivalent) shall be set forth in the permit condition.

(f) The permittee may be required to utilize storage or an alterative source of water for supply when diversions are temporarily suspended.