SECTION 785:20-9-2. Time for putting water to beneficial use

(a)   Unless a schedule of use is provided by the Board, a regular permit shall require that the whole of the amount of the water authorized by the permit be put to beneficial use within a period of no less that seven (7) years. [82:105.16] The time for commencing construction and putting the entire amount of appropriated water to beneficial use shall be stated in any permit issued but in no event will the permittee be required to place the whole amount authorized to use within a period of less than seven (7) years [82:105.16] under a regular permit. Unless a schedule of use is requested by the applicant and granted by the Board, the time for putting the entire amount of appropriated water to beneficial use shall be seven (7) years under a regular permit.

(b)   Upon evidence presented to the Board and considering the present and future needs of the stream system of origin, if it appears that the proposed project, improvement or structure will promote the optimal beneficial use of water in the State and if it further appears that the total amount of water to be utilized by the facility and authorized by the permit cannot be put to beneficial use within (7) years, then the Board shall, [82:105.16] based upon a proposed schedule of use to be submitted by the applicant and, where appropriate, supported by population data from the Oklahoma Department of Commerce or its successor, provide in the permit a schedule of the time within which certain percentages of the total amount to be authorized shall be put to beneficial use. [82:105.16] However, in no event shall the extended schedule of use exceed the useful life of the proposed project, improvement or structure as found by the Board or, where such useful life is indeterminate, beyond fifty (50) years from the date of the permit.

[Source: Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95]