Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 30 - Taking and Use of Groundwater
Subchapter 7 - Amendments to Groundwater Rights
Section 785:30-7-4 - Adding or replacing a well for the purpose of exercising prior rights or existing permits
Universal Citation: OK Admin Code 785:30-7-4
Current through Vol. 42, No. 1, September 16, 2024
(a) Additional wells.
(1) The holder
of a permit or prior right may make a written petition to the Board for
approval of an additional well(s) where such well(s) is or are necessary in
order to withdraw the amount authorized by the existing permit. If ownership of
the land, permit or prior right changes after the petition is filed, the
petitioner must promptly notify the Board and notice of such change may be
required.
(2) The petition shall
be filed prior to drilling the well(s) on forms provided by the Board and shall
be accompanied by a map or plat (see APPENDIX A of this Chapter). The
additional well(s) must be located on lands dedicated to a permit to take and
use groundwater from the same groundwater basin, be drilled and used to prevent
waste and meet applicable well spacing requirements or location exceptions.
(3) The Executive Director shall
approve the petition, provided:
(A) That the
new well location meets established well spacing or is not closer than
one-thousand three hundred twenty feet (1320') from lands owned by another if
well spacing is not applicable; or
(B) That, if well spacing is not applicable,
there is submitted a written statement from each surface estate owner owning
land closer than one-thousand three hundred twenty feet (1320') from the well
requested to be authorized, stating that he or she has no objection to the new
well location.
(4) If
one of the above enumerated conditions cannot be met, the permittee must give
notice as set forth in
785:30-3-4 regarding each
additional proposed well. If a protest is received, the Board shall schedule a
hearing and notify the applicant and protestant of such hearing. Even if no
protest is received, the petitioner shall be given opportunity for hearing if
the petition cannot be recommended for approval to the Board.
(b) Replacement well.
(1) For well locations authorized by a permit
or prior right, a replacement well may be drilled on dedicated lands without
prior approval from the Executive Director if the proposed replacement well
will not be closer than meets established well spacing or will not be closer
than one-thousand three hundred twenty feet (1320') from lands owned by another
if well spacing is not applicable.
(2) For a well location authorized by permit
or prior right where the proposed replacement well location is within
one-thousand three hundred twenty feet (1,320') of lands owned by another, the
replacement well may be drilled on lands relied on to establish the prior right
or dedicated lands without prior approval of the Executive Director, provided
the replacement well is within two-hundred fifty feet (250) of the well to be
replaced.
(3) If paragraphs (1) or
(2) of this subsection cannot be met, a petition for an additional well may be
filed.
(c) Location of wells identified. A legal description or multi-purpose completion report such as that required by 785:35-5-3 showing the location of the well to the nearest ten (10) acre tract shall be submitted to the Board within sixty (60) days after completion of any additional or replacement well.
Amended at 10 Ok Reg 3293, eff 6-25-93; Amended at 11 Ok Reg 2935, eff 6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 13 Ok Reg 2869, eff 7-1-96
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