Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 20 - Appropriation and Use of Stream Water
Subchapter 9 - Actions After Stream Water Right Obtained
Section 785:20-9-3 - Loss of rights and reversion of water to public
Universal Citation: OK Admin Code 785:20-9-3
Current through Vol. 42, No. 1, September 16, 2024
(a) Forfeiture and loss of rights.Nothing in 82 O.S. 1981, §§105.1 et seq. shall be deemed to reestablish any right to the use of any water which has been lost by failure to use same or by forfeiture prior to July 5, 1961. [82:105.16]
(b) Loss of right to use water under permit.
(1)
To the extent that the
amount of water authorized is not put to beneficial use as provided by
the terms of the permitincluding but not limited to a schedule of use
of incremental amounts within the corresponding time periods, the
amount not so used shall be forfeited by the holder of the permit and
such unused water shall again become public water and available for
appropriation. [82:105.17]
(2) If a permit authorizes use of water for
more than one purpose and water is not used for a purpose under the terms of
the permit, the Board may delete such purpose from the permit upon notice and
hearing as provided in this section.
(3) If the permittee fails to comply with any
material term, limitation, condition or restriction provided in the permit,
including but not limited to the requirements to file a Notice of Completion of
Works on the date specified, the Board may revoke and cancel said permit upon
notice and hearing as provided in this section.
(4) For a permit containing a schedule of
use, the amount lost in any increment shall be subtracted from the total amount
authorized by the permit and the amounts for any remaining increments shall be
adjusted based on the percentages of the time intervals in the schedule of
use.
(5) If the water right
authorizes use of water from a reservoir, a reduction or cancellation of the
right to use water shall not affect the storage rights in the reservoir, and
any appropriation permit issued thereafter which authorizes use of water in
such storage shall contain a condition that the permittee shall pay to the
owner of the storage rights the proportionate amount of the costs of the
storage attributable to the permit.
(c) Loss of right after commencing use.
(1)
When any
person entitled to the use of water commences using water but
thereafter fails to beneficially use all or any part of the water claimed by
him, for which a right of use has been vested for the purpose for which it was
appropriated, for a period of seven (7) continuous years,the right of
use of the unused amount of water for such purpose shall be lost and such
unused water shall revert to the public and shall be regarded as
unappropriated public water [82:105.17]; provided however, the
application of this paragraph shall not conflict with use under a schedule of
use or other terms of a water right. Periods of excused nonuse shall stop the
running of the forfeiture period for the period of the excused nonuse and such
period shall not be included in computing the forfeiture period.
(2) This subsection is applicable to vested
rights and permits to use stream water.
(3) The following shall not be calculated as
amounts used in determining whether a loss of right has occurred:
(A) use of water on lands not described in a
water right,
(B) use of water for
purposes other than that described in the water right,
(C) use of water in a manner that constitutes
waste.
(4) If the water
right authorizes use of water from a reservoir, a reduction or cancellation of
the right to use water shall not affect the storage rights in the reservoir,
and any appropriation permit issued thereafter which authorizes use of water in
such storage shall contain a condition that the permittee shall pay to the
owner of the storage rights the proportionate amount of the costs of the
storage attributable to the permit.
(d) Notice of loss of right to use water.
(1)
When Board may send
notice.When the Board has reasonable cause to believe that the
right to use water has been lost in whole or in part,... the Board may proceed
to cancel administratively such water right by notifying the claimant, or his
latest successor in such rights, by written notification mailed by registered
or certified mail to his last known address that there is reasonable cause for
believing that he has lost his water rights under the provisions of
[82:105.18] 82 O.S. 1981, §§105.16 and 105.17.
(2)
Contents of notice. Such
notice shall contain:
(A) A statement of the
time, place, and location of the hearing;
(B) A statement of the nature and of the
legal authority and jurisdiction under which the hearing is to be
held;
(C) A reference to the
particular sections of the statutes and rules involved;
(D) A short and plain statement of matters
asserted.
(3)
Mailing notice; publication.The notice must be mailed at
least thirty (30) days prior to the date set for a hearing...If
there is evidence that delivery of such notice by registered or
certified mail cannot be made to the claimant or his successor in such water
rights, the Board shall give notice by publishing the same in a local newspaper
qualified to publish such notice, nearest the point where said water right had
attached, once each week for two (2) consecutive weeks. [82:105.18] A
certified mailing which is returned to the Board and marked "refused" or
"unclaimed" is not evidence that delivery cannot be made to the claimant or his
successor.
(e) Hearing on loss of right.
(1)
The hearing date shall be set not earlier than thirty (30) days after the
notice by certified mail or the last publication date of the notice.
(2) At the hearing the claimant or his
successor shall have the right to show cause why such water right should not be
declared to have been lost through nonuse or non-compliance with water right
terms, conditions, etc. Such cause may be shown by substantial
competent evidence that the failure to beneficially use the water subject to
forfeiture was caused by circumstances beyond the control of the claimant and
the claimant was ready and willing to use the water.
[82:105.18]
(3) In addition to any
cause which may be provided by law, acceptable cause for nonuse includes but is
not limited to the following:
(A) damage to
claimant's field, pump, pipe or other equipment caused by flooding or other
events after reasonable diligence to repair same;
(B) claimant's service on active duty in the
armed forces;
(C) placement of land
to which an irrigation water right is appurtenant into a federally sponsored
conservation reserve or soil bank program;
(D) wrongful acts of others which prevented
water usable for claimant's authorized purposes from reaching the claimant's
point of diversion, and
(E) need
for the water did not develop as anticipated when the water right was obtained
or when a schedule of use was added or amended, and the water right holder
acquired and has properly maintained significant infrastructure (such as lakes,
storage rights in lakes, pipelines, pumps and other appurtenances) at a
capacity necessary to put the amount of water subject to forfeiture to the use
authorized.
(4) In any
instances of reported nonuse, the claimant may be required to state the reasons
for such nonuse and furnish to the Board sufficient verification and evidence
of the reasons, underlying basis or cause for the nonuse.
(f) Notice of Board's determination on loss of right. The Board shall notify the claimant, or successor in such water right, of its determination in accordance with the Oklahoma Administrative Procedures Act.
(g) Failure of Board to determine loss of right.The failure of the Board to determine that a right to use water has been lost in whole or in part for nonuse shall not in any way revive or continue the said right. [82:105.18]
(h) Voluntary surrender of water rights.The Board may accept the voluntary surrender of any water right by the holder thereof. [82:105.19] Forms for surrender shall be furnished by the Board.
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 2671, eff 7-1-95; Amended at 13 Ok Reg 2853, eff 7-1-96; Amended at 15 Ok Reg 2435, eff 6-11-98; Amended at 22 Ok Reg 1596, eff 7-1-05
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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