SECTION 785:30-13-5. Allocation of municipal water

(a)   Allocation of all municipal water from beneath lands which are either inside or outside the corporate municipal limits shall be governed by 82 O.S. 1981, §§1020.1 et seq., as amended.

(b)   When a municipality elects to invoke the provisions of §1020.21 (allocation of water from beneath platted lands), its allocation shall be based upon the amount of acres dedicated to the application which are platted and subdivided into lots within the corporate municipal limits and which overlie the basin or subbasin

(c)   The Board shall issue the permit if the following additional conditions can be met:

(1)   The municipality shall make water reasonably accessible and available to residents on the platted lands dedicated to the application.

(2)   The wells are or will be located not less than six hundred (600) feet within the municipal limits.

(3)   The wells are or will be on the platted land dedicated to the application, provided that the municipality demonstrates that it owns or otherwise has valid authority to place the wells on the land where the wells are or will be located.

(d)   The requirements of this Section have no application to water allocated to municipalities from beneath unplatted lands either inside or outside the corporate municipal limits or the use of water from wells drilled by municipalities where groundwater rights were established under prior law unless the municipality elects to bring its use from such wells under provisions of 82 O.S. 1981, §§1020.1 et seq.

(e)   A municipality may not allocate groundwater from beneath lands dedicated to a permit unless the municipality acquires ownership of that previously issued permit and changes the purpose of such permit to municipal use if necessary.

[Source: Amended at 17 Ok Reg 2752, eff 7-1-00]