SECTION 785:30-9-3. Annual yield hearings  


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  • (a)   Once the Board has set a tentative maximum annual yield for the groundwater basin or subbasin, the Board shall call and hold hearings at centrally located places within the area of the major groundwater basin or subbasin or in the county for minor groundwater basins or subbasins [82:1020.6] if such hearings are requested.
    (b)   Copies of the order and notices of the tentative determination and how to formally request a hearing shall be mailed by first class mail or post card to the address of record of all holders of permits to use groundwater from the basin or subbasin subject of the yield proceedings.
    (c)   Notice of the tentative determination and how to formally request a hearing on the tentative order such hearings shall be published in a newspaper of general circulation in each county having lands that overlie the basin or subbasin. The notice shall be published at least once per week for two (2) consecutive weeks and the last publication shall be at least thirty (30) days prior to the date of the hearing if a hearing is requested and held. Notice and hearing on the tentative determination of the maximum annual yield for minor groundwater basins or subbasins may be consolidated. [82:1020.11(B)] Notice of the tentative determination and how to formally request a hearing on the tentative order may also be published in the Oklahoma Water News, the periodic newsletter of the Board.
    (d)   Such hearings, if requested, will be held in accordance with the Administrative Procedures Act and Chapter 4 of this Title.
    (e)   Prior to such hearings being held, the Board shall make copies of such hydrologic survey available for inspection and examination by all interested persons and, at such hearings, shall present evidence of the geological findings and determinations upon which the tentative maximum annual yield has been based.
    (f)   Any interested party shall have the right to present evidence in support or opposition thereto. [82:1020.6]
[Source: Amended at 11 Ok Reg 2935, eff 6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 13 Ok Reg 2869, eff 7-1-96]