Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 30 - Taking and Use of Groundwater
Subchapter 5 - Groundwater Permits
Section 785:30-5-2 - Temporary permits
Universal Citation: OK Admin Code 785:30-5-2
Current through Vol. 42, No. 1, September 16, 2024
(a) Temporary permit purposes; procedures for granting.
(1)
A temporary permit is an
authorization for the same purposes as a regular permit but is granted by
the...Board prior to completion of the hydrologic survey and the determination
of the maximum annual yield of the basin or subbasin and must be revalidated
annually during its term.[82:1020.11(B)]
(2)
The procedures provided for the
granting of regular permits shall be applicable to the granting of
temporary...permits except that the completion of the hydrologic survey shall
not be a condition precedent.[82:1020.10]
(b) Amount of water allocated by temporary permit.
(1) Except as
provided in this subsection, unless requested by a majority of
the...owners of the land[82:1020.11(B)] overlying the fresh
groundwater basin or subbasin, or by the applicant,
the water allocated by a temporary permit shall not be less than two
(2) acre-feet annually for each acre of land owned or leased by the applicant
in the basin or subbasin. [82:1020.11(B)]
(2) However, if the applicant
presents clear and convincing evidence that allocations in excess of two (2)
acre-feet annually for each acre of land overlying the basin or subbasin will
not exhaust the water thereunder in less than twenty (20) years, then the Board
may issue temporary permits in such basin or subbasin in such amounts in excess
of said limitation as will assure a minimum of twenty (20) year life for such
basin or subbasin. [82:1020.11(B)]
(3) Less than two (2) acre-feet per acre
annually may be granted if the applicant requests a lesser amount, or if the
evidence submitted shows that an amount at two acre-feet per acre would not be
of beneficial use or would constitute waste.
(4)
If the lands dedicated to the
application overlie two or more groundwater basins or subbasins which
overlie each other and the maximum annual yield has been determined for
at least one but not all the basins or subbasins, a temporary permit may be
issued to the applicant if the applicant demonstrates by substantial competent
evidence that the water to be withdrawn by the temporary permit will not be
taken from a basin or subbasin for which the maximum annual yield has been
determined. [82:1020.9]
(A) If
applicant intends to take water from both groundwater basins or subbasins, then
a temporary permit may be issued only if the individual well(s) are or will be
completed in only the basins or subbasins which have not had a maximum annual
yield determined and a separate permit will be required for the withdrawal of
groundwater from well(s) in each basin or subbasin for which a maximum annual
yield has been determined.
(B) If
existing or proposed well(s) dedicated to the application are completed in more
than one groundwater basin or subbasin so that the wells are capable of taking
water from both basins or subbasins, a temporary permit may not be
issued.
(5)
If
the land overlies two or more groundwater basins which overlie each
other and the maximum annual yield has not been determined for any of
the basins or subbasins, more than one temporary permit may be issued for the
land if the applicant demonstrates by substantial competent evidence from which
basin the water will be withdrawn for each of the permits.
[82:1020.9]
(c) Annual revalidation and expiration of temporary groundwater permits.
(1)
A temporary
groundwater permit must be revalidated annually during its term.
[82:1020.11(B)]
(2)
Water
use report forms will be mailedin Januaryto each temporary
permit holder.[82:1020.11(B)] The water use report form shall include
information about the requirement to return the completed form in a timely
manner, and shall specify the date by which the form must be
returned.
(3)
Timely return
of the completed, signed, and dated water use report form to the Board
shall automatically revalidate a temporary groundwater permit if the
revalidation is not protested and if the use report does not reflect any
permit-water use violations [82:1020.11(B)]. The return of the
completed, signed and dated water use report on or before the specified return
date shall be considered timely and shall be considered a timely request to
revalidate the temporary permit.
(4)
The temporary permit shall lapse
at expiration of its term, revocation, cancellation, suspension, or upon the
issuance of a regular permit, whichever shall occur first.
[82:1020.11(B)] Failure to return a completed, signed and dated water use
report form by the date specified may be considered a willful failure to report
annual water usage and subject to the provisions of
785:30-5-7.
(5) Revalidation protest procedures are as
follows:
(A)
Ifan objection
against the revalidation of a temporary groundwater
permit isin writing, satisfies the requirements of
785:4-5-4,
and is received by the Board by February 28th of the year following the water
use report year, or by a later date specified by the Board in its newsletter or
on its website, then the objection shall constitute a protest against the
application andthe Board[82:1020.11(B)] will
immediately set a date for hearing and notify the applicant and
protestant(s) of the time and place of the hearing
[82:1020.11(B)]. Objections that are not timely received or do not satisfy
785:4-5-5
will be considered only as comments in opposition to the application, but such
comments will be made part of the permanent record of the proceeding. Persons
who submit objections that do not qualify as protests will not be named as
parties to the proceeding.
(B)
At the hearing, any interested person may appear and present evidence
and argument in support of or in opposition to the protest and
revalidation. [82:1020.11(B)]
(C)
At the hearing on the
revalidation protest, matters previously presented or considered and
adjudicated shall not be subject to reconsideration or readjudication
[82:1020.11(B)].
(D)
The
protest issues which may be entertained shall be limited to matters not
previously determined, such as (for example only) a material
or substantial change in conditions since issuance of the permit; evidence of
the applicant's noncompliance with any of the terms, provisions or conditions
of the permit; or subsequent violation of the Oklahoma Groundwater
Law...orthese rules and regulations [82:1020.11(B)]
related to the permit issued. Proposed findings of fact, conclusions of law and
Board Order will be presented to the Board for its consideration.
(d) Requests for revalidation of certain temporary permits to be considered as applications for new permits; moratorium.
(1) Pursuant
to Title 82 of the Oklahoma Statutes, Section
1020.9A,
[a]ny revalidation of a temporary permit, in effecton August
28, 2003,that allows for any municipal or public water supply use of
groundwater from a sensitive sole source groundwater basin outside any county
that overlays in whole or in part said basin shall be considered a new permit
application and subject to the provisions ofSenate Bill No. 288 of the
First Regular Session of the 49th
Legislature.
(2) A provision of
Senate Bill No. 288 of the First Regular Session of the
49th Legislature establishes a moratorium on
the issuance of any temporary permit that would lead to any municipal or public
water supply use of groundwater from a sensitive sole source groundwater basin
or subbasin outside of any county that overlays in whole or in part said basin
or subbasin[82:1020.9A(B)(1)] and that said moratorium shall
be in effect until such time as the . . .Board conducts and completes a
hydrological survey and approves a maximum annual yield that will ensure that
any permit for the removal of water from a sensitive sole source groundwater
basin or subbasin will not reduce the natural flow of water from springs or
streams emanating from said basin or
subbasin[82:1020.9A(B)(2)].
(3) If the holder of a temporary permit that
lists municipal use or public water supply use as an authorized purpose
certifies that the groundwater will not be used outside any county that
overlays in whole or in part a sensitive sole source groundwater basin or
subbasin, the request to revalidate such a temporary permit shall not be
considered a new permit application. The filing of such a certification shall
be deemed to be a request to amend the temporary permit to add a condition to
prohibit the use of the groundwater outside any county that overlays in whole
or in part a sensitive sole source groundwater basin or subbasin.
Amended at 11 Ok Reg 2935, eff 6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 17 Ok Reg 2752, eff 7-1-00; Amended at 21 Ok Reg 2626, eff 7-1-04
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
