SECTION 785:20-7-1. Classes of stream water permits

(a)   Regular permit. A regular permit authorizes the holder of such permit to appropriate water on a year-round basis in an amount and from a source approved by the Board. [82:105.1(c)]

(b)   Seasonal permit. A seasonal permit authorizes the holder of such permit to divert available water for specified time periods during the calendar year [82:105.1(D)]

(c)   Temporary permit. A temporary permit authorizes the appropriation of water in an amount and from a source approved by the Board is valid for a time period not to exceed three (3) months, does not vest in the holder any permanent right, and may be canceled by the Board in accordance with its terms. [82:105.1(E)]

(d)   Term permit. A term permit authorizes the appropriation of water in an amount and from a source approved by the Board for a term of years which does not vest the holder with any permanent right and which expires upon expiration of the term permit. [82:105.1(F)]

(e)   Provisional temporary permit.

(1)   A provisional temporary permit authorizes an appropriation of water in an amount and from a source approved by the Board. [82:105.1(G)] A provisional temporary permit is granted by the Board's Executive Director for a period not to exceed ninety (90) days, is non-renewable, does not vest in the holder any permanent right and is subject to cancellation… at any time [82:105.1(G)] within its term. It is not necessary to hold a hearing, publish application data or notify adjacent downstream domestic or appropriative users prior to consideration of this type of permit. The permit may be issued summarily and immediately at the discretion of and upon administrative approval by the Executive Director.

(2)   A provisional temporary permit may be issued only where the verified application and supporting materials filed therewith show:

(A)   That the use will not interfere with domestic or prior appropriative users; and

(B)   That economic hardship will occur if the permit is not granted; and

(C)   That the applicant owns, leases or has the written consent of the respective landowners to use lands at the point of diversion or lands for placement of water lines or other appurtenances related to use of the water.

(f)   Limited quantity permit.

(1)   The Executive Director of the Board may administratively issue regular, seasonal, temporary or term permits to use 15 acre-feet or less of stream water in a calendar year or during its term if the term is less than one year [82:105.13].

(2)   Notice of the application for such a permit shall be published by the applicant in a newspaper of general circulation one time only in the county of the point of diversion and in the adjacent downstream county, or as otherwise directed by the Board.

(3)   Written comments about the application must be filed with the Board within ten (10) days after the date of publication or other notice provided.

(4)   The permit may be issued or denied summarily and immediately after the ten (10) day period at the discretion of the Executive Director, provided that the Executive Director may require that a hearing on the application be held. After such hearing, the application shall be presented to the Board with proposed findings of fact and conclusions of law for consideration.

(5)   Limited quantity permits cannot be combined to authorize the use of more than a total of 15 acre-feet per year.

(g)   Priorities among classes. In circumstances where there is less water actually available than that calculated for purposes of considering a regular permit application, regular permit holders shall have a better right over all other classes of permits. Among regular permit holders, priority in time, determined by date of filing an application as provided in these rules, shall give the better right. Among classes other than regular permit holders, priority in time, determined by date of filing an application as provided in these rules, shall give the better right.

[Source: Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 13 Ok Reg 3911, eff 8-7-96 (emergency); Amended at 14 Ok Reg 2750, eff 7-1-97]