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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 785. Oklahoma Water Resources Board |
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Chapter 20. Appropriation and Use of Stream Water |
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Subchapter 1. General Provisions |
SECTION 785:20-1-2. Definitions
Latest version.
- The following words and terms, when used in this Chapter of this Title, shall have the following meaning, unless the context clearly indicates otherwise:"Agricultural use" means water used for livestock, poultry, fish farms, fish hatcheries, veterinary services, feed lots, etc. (see also "Irrigation use")."Application" means a formal request to the Board and the first step required by law to acquire the right to perform or engage in activities regulated by the Board."Appropriation" means the process under 82 O.S. 1981, §§105 et seq., by which an appropriative stream water right is acquired. A completed appropriation results in an appropriative right."Appropriative right to stream water" means the right acquired under the procedure provided by law to take a specific quantity of public water, by direct diversion from a stream, an impoundment thereon, or a playa lake, and to apply such water to a specific beneficial use or uses."Beneficial use" means the use of such quantity of stream or groundwater when reasonable intelligence and reasonable diligence are exercised in its application for a lawful purpose and as is economically necessary for that purpose. Beneficial uses include but are not limited to municipal, industrial, agricultural, irrigation, recreation, fish and wildlife, etc."Board" means the Oklahoma Water Resources Board authorized by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set forth by law or, duties authorized by law to be delegated to the Executive Director, or any employee or agent or staff member thereof as assigned by the Executive Director."Commercial use" means use which includes but is not limited to water for businesses, industrial parks, laundries, cafes, motels/hotels, institutions, food processing and water used in the transportation of metal ores and non-metals by pipelines."Consumptive use" means use of water which diverts it from a water supply."Definite stream" means a watercourse in a definite, natural channel, with defined beds and banks, originating from a definite source or sources of supply. The stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply in the area. [82:105.1(A)]"Diffused surface water" means water that occurs, in its natural state, in places on the surface of the ground other than in a definite stream or lake or pond."Domestic use" means the use of water by a natural individual or by a family or household for household purposes, for farm and domestic animals up to the normal grazing capacity of the land whether or not the animals are actually owned by such natural individual or family, and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards, and lawns [82:105.1(B)]. Domestic use also includes:(1) the use of water for agriculture purposes by natural individuals, (2) use of water for fire protection, and (3) the use of water by non-household entities for drinking water purposes, restroom use, and the watering of lawns, provided that the amount of stream water used for any such purposes does not exceed five acre-feet per year."Enhanced recovery of oil and gas" means a long-term process using fresh water to recover substantial quantities of additional oil or gas which would not be recoverable under ordinary primary methods or under short-term stimulation techniques. This definition applies to all non-primary forms of oil and gas recovery including but not limited to secondary, tertiary, or other enhanced recovery operations."Excess or surplus water" means water in excess of the appropriator's present and reasonable future need. For purposes of 82 O.S. 1981, §§1086.1 et seq., "excess or surplus water" shall mean that amount of water which is greater than the present or reasonable foreseeable future water requirements needed to satisfy all beneficial uses within an area of origin."Industrial use" means the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value."Interested party" means party."Irrigation use" means use of water for the production of food, fiber, crops, timber, fruits, nuts; and water applied to pastures, fields, landscaping, horticultural services, and golf courses."Mining use" means any use wherein the water is applied to mining processes including but not limited to oil and gas recovery operations, for drilling and reworking wells, and for conducting oil and gas field operations."Municipal and rural water use" means the use of water by a municipality, rural water district, water corporations, or community for the promotion and protection of safety, health and comfort; distribution to natural persons for the maintenance of life and property; public and private business pursuits; and the furtherance of all generally recognized municipal purposes, except large recreational uses such as lakes unless in conjunction with other uses."Notice by publication" means, unless otherwise specifically provided, publication in a daily or weekly newspaper of general circulation once a week for two (2) consecutive weeks (minimum seven day interval)."Party" means a person or agency named and participating, or properly seeking and entitled by law to participate [75:250.3(7)], in hearings other than hearings on Board rules, regulations and standards."Permittee" means the person to whom a permit to use water has been issued by the Board or the person to whom such permit has been duly and properly transferred under Board rules."Permit to appropriate stream water" means the specific written authorization to construct works and make an appropriation of stream water which is issued to the one whose application for a permit has been approved by the Board. Types of stream water permits include regular, seasonal, temporary, term, and provisional temporary."Person" means any individual, firm, partnership, association, corporation, business or public trusts, federal agency, state agency, the State or any political subdivision thereof, municipalities, and any other duly constituted legal entity."Power use" means water used for power generation, including, but not limited to, fossil-fueled electric power generation and hydroelectric power generation."Priority" means an appropriative stream water right, which is governed by the time the right is filed, is the superiority of a right over all later appropriative rights that attach to the same water supply when the aggregate quantities of water available are not sufficient to satisfy the aggregate rights which attach to such a water supply. The date of priority is the date the right accrues."Public water supply" means use of water for drinking water purposes by housing developments, trailer parks, churches, schools, etc., other than water used for "municipal or rural water use"."Recreation, fish and wildlife use" means the use of water for swimming, water skiing, boating, fishing, hunting or other forms of water recreation, and water for fish and wildlife conservation."Return water or return flow" means the portion of water diverted from a water supply which finds its way back into a watercourse."Reservoir" means any surface depression which contains or will contain the water impounded by a dam."Stream system" means the drainage area of a watercourse or series of watercourses which converge in a large watercourse the boundaries of which have been defined and which has been designated by the Board as a stream system."Stream sub-system" means the drainage area of a portion of a stream system."Stream water" means water in a definite stream and includes but is not limited to water in ponds, lakes, reservoirs and playa lakes."Unappropriated water available" means water available for appropriation which is the amount of water within a particular stream system, stream sub-system, or watershed available for appropriation as determined by the Board at a proposed point of diversion and/or from a specific water supply which currently is not appropriated."Vested stream water right or vested right" means the right established by the beneficial use of stream water from a water supply prior to the enactment and pursuant to the provisions of 82 O.S. Supp. 1963, §1 et seq., and the rules and regulations of the Board."Waste" means use of water in such an inefficient manner that excessive losses occur or any manner that is not a beneficial use or use of water in excess of the amount which is authorized by the water right."Watershed" means the boundaries of a drainage area of a watercourse or series of watercourses which diverge above a designated location or diversion point, as determined by the Board.