Current through Vol. 42, No. 1, September 16, 2024
(a)
Severance and transfer of water rights for irrigation.All
water used ...for irrigation purposes shall remain appurtenant to the land upon
which it is used, provided, however, if for any reason it
should at any time become impracticable beneficially or economically
to use water for the irrigation of land to which the right of use of
same is appurtenant, the right may be severed ..and simultaneously
transferred to become appurtenant to other land without losing
priority of right theretofore established, if such change can be made without
detriment to existing rights. [82:105.22] Forms to petition the change
will be furnished by the Board. The petition shall be accompanied by a plat
showing the legal description of the land to be irrigated under the transfer
and the petition fee as required in Chapter 5 of this Title. The amount of
water authorized shall not be increased over that originally
permitted.
(b)
Amendments in
place or rate of diversion, storage, areas of use or purpose.
(1)
Any appropriator of water
including but not limited to one who uses water for irrigation, may use the
same for other than the previously approved purposes for which it was
appropriated or may change the place or rate of diversion,
storage, or use in the manner and under the conditions prescribed
[82:105.23] in subsections (a) through (d) of this section; provided however,
an appropriator may not change use from a previously approved non-consumptive
recreation, fish and wildlife purpose to any other purpose unless the water is
taken from the sediment pool amount in an upstream flood control impoundment
constructed under the supervision of the Natural Resources Conservation
Service.
(2) The required
information set forth in
785:20-3-4
for an application for enhanced oil and gas recovery purposes shall be
submitted with any request to change or add such a purpose.
(3) The procedures set forth herein shall
apply to requests to change uses authorized by a vested right.
(c)
Additions and amendments
to schedules of use.
(1) Upon request
of the permit holder, permits may be amended to life of the project by the
Board after a regular permit has been issued if it is found that such amendment
will promote the optimal beneficial use of the water and that the total amount
of water cannot be put to use in the seven (7) year period of the original
permit.
(2) All permits for life of
the project will contain a schedule of use.
(3) Any or all of the use dates on a schedule
of use may be amended at the discretion of the Board for good cause at any
time; however, no lapsed use date can be extended pursuant to this
provision.
(4) To qualify as a
project for which a schedule of use may be added to a permit, or for which an
existing schedule of use may be amended, there must be a change or proposed
change of condition relied upon to utilize the water which will promote the
optimal beneficial use of water in the state. However, a schedule of use shall
not be added to any permit to extend the time for using amounts of water which
have vested.
(5) The procedures
described in subsections (a) through (d) of this section must be completed
prior to Board consideration.
(d)
Notice of petition to make
amendments, changes and revisions of rights.
(1) Before any petition for amendment,
change, or revisions of water rights, except for changes in name or address of
the permit holder, is approved, the petitioner must give notice thereof by
publication once a week for two (2) consecutive weeks in a newspaper or
newspapers of general circulation in the county or counties designated by the
Board.
(2) The notice to be
published shall be furnished by the Board and shall include the name of the
petitioner; a description of the nature of proposed change; and the
manner in which a protest to the application may be made.
[82:105.11]
(3) If the petitioner
does not own the land where the proposed new point of diversion is to be
located, in addition to published notice, the petitioner is required to give
actual notice of the requested water right amendment by certified mail to said
landowner.
(4)
Upon receipt
of a protest which meets the requirements of Section
785:4-5-4,
the Board shall schedule a hearing on the petition and
notify the applicant and protestant of such hearing. Any interested party shall
have the right to protest said petition and present evidence
and testimony in support of such protest [82:105.11] at the hearing
thereon.
(5) Protests shall be made
and hearings conducted in accordance with Chapter 4 of this Title.
(6) Even if no protest to the petition is
received, the petitioner shall be advised and shall be given an opportunity for
a hearing if the petition to amend, change or revise cannot be recommended to
the Board.
(e)
Board order.The Board order may deny or
grant the petition for amendment, change, or revision in whole or in part upon
such conditions as are necessary to preserve the rights of the
parties. [82:105.22] If the petitioner does not own the land on which
a new diversion point is to be located or upon which pipelines or other
appurtenances related to the water right will be located, it shall be a
condition of the permit that the petitioner provide, within a reasonable time
as provided by the Board, evidence of the right of access and use.
(f)
Assignment or transfer of
appropriation permit and transfer of title of land.
(1)
Any permit to appropriate water
may be assigned, but no assignment shall be binding, except upon the parties
thereto, unless filed for record in the office of the Board; ...provided,
however, that no permit to appropriate water for irrigation purposes shall be
assigned, or the ownership thereof in any way transferred apart from the land
to which it is appurtenant, except in the manner [82:105.24] provided
in (a) of this section and in 82 O.S. 1981, §105.22.
(2)
The transfer of title to land
shall carry with it all rights to use of water appurtenant thereto for
irrigation purposes. [82:105.24]
(3) Upon transfer of any water rights, the
transferee shall furnish to the Board a notarized notice of transfer containing
the name and address of the transferee and a statement that the transfer has
been properly completed.
(4) A fee,
as required herein, shall accompany the assignment or notice of transfer of
water right, and upon receipt of such fee, the Board shall record such
assignment or transfer and provide copies of the transferred or assigned water
right.
(5) If notification of the
transfer of a water right is made by the previous owner, the Board shall advise
the transferee of the transfer procedure and he shall then have thirty (30)
days from receipt of the Board's notice to submit the required fee or use of
water by the transferee will be considered unauthorized by the Board.
(g)
Assignment of rights on
works constructed by the United States.The evidence of the right
to use water from any works constructed by the United States or its duly
authorized agencies shall in like manner be filed in the office of the Board
upon assignment. [82:105.24]
(h)
Board may initiate action to amend
water right.
(1) If, in the exercise
of its duties to properly administer the stream water use laws of this state
and of any interstate stream compacts heretofore entered by the State of
Oklahoma, the Board determines it to be necessary to amend or add conditions to
existing vested rights or permits, the Board shall so notify the holder of such
rights or permits by certified mail.
(2) The notice to amend rights or permits
shall specify the proposed action and provide that the holder of the water
right or permit may request a hearing be held thereon.
(3) After such hearing pursuant to (2) of
this subsection, or if no hearing is requested, the Board will proceed to
consider the proposed amendments or conditions.
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 14 Ok Reg 2750, eff
7-1-97
