Okla. Admin. Code § 785:20-9-4

Current through Vol. 42, No. 4, November 1, 2024

Section 785:20-9-4 - Amendments of stream water rights

(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.

Okla. Admin. Code § 785:20-9-4

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