SECTION 785:20-5-4. Board determination and approval of application

(a)   Elements of statute. Before taking final action on the application, the Board shall determine from the evidence presented whether:

(1)   Unappropriated water is available in the amount applied for [82:105.12(A)(1)] (as set forth in 785:20-5-5(a) and (b));

(2)   The applicant has a present or future need for the water and the use to which applicant intends to put the water is a beneficial use. In making this determination, the Board shall consider the availability of all stream water sources and such other relevant matters as the Board deems appropriate, and may consider the availability of groundwater as an alternative source [82:105.12(A)(2)] as set forth in 785:20-5-5(c);

(3)   The proposed use does not interfere with domestic or existing appropritive uses [82:105.12(A)(3)] as set forth in 785:20-5-5(d); and

(4)   If the application is for the transportation of water for use outside the stream system wherein the water originates, [82:105.12(A)(4)] the provisions of Section 785:20-5-6 are met.

(b)   Application approval. If the Board determines that the elements listed in subsection (a) of this section and the applicable provisions of this chapter of the rules have been established, the Board shall approve the application by issuing a permit to appropriate water. [82:105.12(A)]

[Source: 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 2617, eff 7-1-95; Amended at 13 Ok Reg 2853, eff 7-1-96]