SECTION 785:20-5-6. Approval of application for out-of-stream system use

(a)   In considering applications for the transportation and use of water outside the stream system where the water originates, the following provisions are applicable:

(1)   The proposed use must not interfere with existing or proposed beneficial uses within the stream system and the needs of the water users therein. In making this determination, the Board shall utilize the review conducted pursuant [82:105.12(A) (4)] to (b) of this Section.

(2)   In the granting of water rights for the transportation of water for use outside the stream system wherein water originates, pending applications to use water within such stream system shall first be considered in order to assure that applicants within such stream system shall have all of the water required to adequately supply their beneficial uses. [82:105.12(B)]

(b)   The Board shall review the needs within such area of origin every five (5) years to determine whether the water supply is adequate for municipal, industrial, domestic, and other beneficial uses. [82:105.12] Ongoing studies and information about proposed or potential needs may be used by the Board. Adequacy for future needs of water within the stream system shall be based on reasonably foreseeable prospects for use and for a period of not longer than fifty (50) years from the date of issuance of the permit for use outside the stream system.

(c)   The review conducted pursuant to (b) of this Section shall not be used to reduce the quantity of water authorized to be used pursuant to permits issued prior to such review. Such permits, however, remain subject to loss, in whole or in part, due to nonuse, forfeiture or abandonment, pursuant to this [82:105.12(c)] Chapter.

[Source: Amended at 11 Ok Reg 2917, eff 6-13-94]