SECTION 785:30-11-1. General provisions relating to prior rights

(a)   Applications filed prior to effective date of groundwater act. Applications filed with the Board prior to July 1, 1973, shall be used in granting permits for wells existing prior to July 1, 1973.

(b)   Prior use of groundwater. Nothing in [82:1020.14] 82 O.S. 1981, §§1020.1 through 1020.22 inclusive, shall be construed to deprive any person of any right of groundwater in such quantities and amounts as were used or were entitled to be used prior to enactment thereof. Any person having the right to place groundwater to beneficial use prior to the effective date [82:1020.14] of the Groundwater Act (July 1, 1973) shall have the right to bring his use under the provisions of this act [82:1020.14] as provided in these rules and regulations.

(c)   Determination of prior rights to groundwater.

(1)   In establishing total discharges, as provided in 82 O.S. 1981, §1020.5 and 785:30-9-2, the Board shall establish the prior rights in effect on July 1, 1973, in each county.

(2)   The rights to be determined are those which are protected by 82 O.S. 1981, §1020.14, and are those which are:

(A)   Based on actual taking of groundwater for beneficial use prior to the date of adoption of the original Oklahoma Groundwater Law (which date was August 26, 1949) to the extent that the water was put to beneficial use within two (2) years thereafter, i.e. before August 26, 1951; or

(B)   Based on an application filed with the Board subsequent to August 26, 1949, and prior to July 5, 1961 (the effective date of certain amendments of the Oklahoma Groundwater Law to be found in Laws 1961, page 615, §§5 and 6), to the extent that the water applied for was put to beneficial use within two (2) years of the filing of the application; or

(C)   Based on the actual taking of groundwater for beneficial use prior to July 5, 1961 (the effective date of certain amendments to the Oklahoma Groundwater Act found in Laws 1961, page 615, §§5 and 6), to the extent that groundwater was actually taken and put to beneficial use within five (5) years of the filing of the application; or

(D)   Based on an application filed with the Board after July 5, 1961 (the effective date of certain amendments to the Oklahoma Ground Water Act found in Laws 1961, §§5 and 6) and prior to July 1, 1973 (the effective date of the repeal of the Oklahoma Ground Water Act of 1949), to the extent that the water was or is put to beneficial use within five (5) years of the filing of the application; or

(E)   Based on a permit issued by the Board subsequent to October 21, 1965 (the effective date of certain amendments to the Groundwater Act to be found in Laws 1965, Chapter 471, §7) and prior to July 1, 1973, to the extent that the water has been put to beneficial use pursuant to the terms of 82 O.S. 1971, §1013.