Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 30 - Taking and Use of Groundwater
Subchapter 5 - Groundwater Permits
Section 785:30-5-10 - Marginal water permits

(a) In addition to the requirements of this section, all marginal water permits must comply with rules in 30-5-5.

(b) Any well used for the marginal water permit must meet well construction rules as specified in OAC 785:35-7-3(b)(2) so as to not contaminate fresh water resources.

(c) Wells used for marginal water permits shall be metered with the pumping rate logged and volume withdrawn recorded. Meter records shall be kept by the permit holder for the duration of the marginal water permit, and available to submit to the Board, upon request. The permit holder shall maintain records showing the meter is properly calibrated and make them available to the Board upon request.

(d) If the permit applicant can provide hydrologic information of the expected volume of marginal water underlying the proposed acreage of dedicated lands for the marginal water permit, the applicant may request the entire volume of marginal water to be permitted from the Board, with no annual limitation on withdrawal amount, until such time as the applicant withdraws the total permitted amount of marginal water.

(e) If the permit applicant cannot provide hydrologic information, as directed by subsection (d) of this section, the applicant will be allowed to dedicate land overlying the same geologic formation, as determined by the Board, containing the marginal water. In the event the Board determines the geologic formation not sufficient, the Board may allow the applicant to dedicate lands within the same county or contiguous county for use on the marginal water permit. Marginal water permits dedicated to lands based on geologic formation or county will be permitted a minimum of four acre-feet per acre

(f) As determined by staff, and as approved by the Board, water quality sampling measuring total dissolved solids shall occur after every 100 acre feet withdrawn and must be submitted to the Board to verify total dissolved solids are between five thousand and ten thousand parts per million. The well should be purged three well volumes prior to sampling. If that is not possible, alternate methods of purging can be considered. These can include, chemical parameter stabilization where pH and specific conductance remain constant for at least three consecutive measurements, or if the well is pumped dry prior to three well volumes, it can be considered sufficiently purged, or using low flow methods where a pump or sampler is placed directly at the screen.

(g) Water quality sampling results for total dissolved solids from an accredited laboratory must be submitted to the Board. The Board may approve annual sampling after two years of readings between five and ten thousand parts per million.

(h) When the permit holder becomes aware of total dissolved solids below five thousand parts per million, the permit holder must report to the Board within 48 hours. Staff may determine that the permit holder will be required to apply for permit authorization for a provisional temporary permit or a regular permit.