Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 32 - Aquifer Storage And Recovery
Subchapter 3 - Permit Application Requirements And Processing
Section 785:32-3-7 - Approval of application
Universal Citation: OK Admin Code 785:32-3-7
Current through Vol. 42, No. 1, September 16, 2024
(a) A permit to take and use water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan shall only be granted if substantial, competent evidence accompanying the application demonstrates:
(1) The Board has approved a site-specific
aquifer storage and recovery plan;
(2) The applicant has legal access to the
water stored in the aquifer pursuant to the plan;
(3) The applicant stored or caused to be
stored said water pursuant to and in compliance with any required authorization
issued by the Oklahoma Department of Environmental Quality that is intended to
protect water quality;
(4) The
stored water is available for use in the applied for amount during the period
covered by, and in the manner described in, the proposed permit;
(5) The use to which the applicant intends to
put the water is a beneficial use; and
(6) That waste by depletion and waste by
pollution as specified in 82 O.S. § 1020.15 will not occur.
(b) In making the determination of whether applicant has legal access to the stored water, the Board will only consider language on the face of legal instruments used to support or oppose this element.
(c) In determining whether waste [82:1020.15] will occur, the Board shall consider the following:
(1) Evidence concerning the manner and method
of use proposed, efficiency of system proposed to be used, history and
incidents of past waste, and applicant's response thereto and the amount of
groundwater needed for the purpose proposed in relation to the amount allocated
to the land dedicated to the application may be considered by the
Board.
(2) The Board may consider
relevant and admissible evidence regarding the manner and method of all of
applicant's uses of groundwater; applicant's well and water distribution
system; history and incidents of permitting or causing pollution of groundwater
or failure to properly plug abandoned fresh water wells in accordance with
rules of the Board and file reports thereof; and anything else that tends to
prove that the applicant will or will not cause or allow groundwater pollution.
Provided, however, if the activity for which the applicant intends to use the
water is required to comply with rules and requirements of or is within the
jurisdictional areas of environmental responsibility of the Department of
Environmental Quality, the Board shall be precluded from making a determination
whether waste by pollution will occur as a result of such activity.
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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