SECTION 785:32-3-1. Requirement for permit

(a)   General application requirements.

(1)   Any person intending to initiate an ASR project shall make an application, submit an approved site-specific ASR plan, and obtain an appropriate permit before recovery of stored water.

(2)   No permit shall be issued to an applicant who is not the surface owner of the land on which the ASR structures are to be located, or hold a valid right from such surface owner allowing for the storage and recovery of water from an aquifer. A copy of the ownership documentation or notarized written permission shall be required as part of the application.

(3)   In addition to the information specified in (a) and (b) of this subsection and in the application form, the applicant may be required to submit additional information necessary for proper consideration of the application.

(4)   All necessary water rights permits must be obtained for the water to be used during the ASR project.

(5)   If a water right permit is not applicable or needed, origin of water for ASR project must be defined.

(b)   Forms to be furnished by the Board. The Board will furnish, without charge, blank application forms and instructions for filing for an ASR permit. Each blank on the application shall be filled in by the applicant as accurately and completely as the circumstances allow with all the relevant data. Supplements may be attached if space on the form is insufficient. If a supplement is used, the data entered thereon should be segregated into paragraphs with numbers corresponding to the paragraph numbers of the forms and properly cross-referenced thereto.

(c)   Applications to be amended by applicant. Applications will be altered, corrected, amended or revised by the Board only upon written request signed by the applicant or his duly authorized agent. Changes may also be made directly on the application, or filed through the Board's online application service, by the applicant or his duly authorized agent or by telephone instructions to the Board from the applicant or his duly authorized agent to be followed by written confirmation.

(d)   Corrections, changes, or amendments to defective applications. If the application is defective as to form, the Board shall advise the applicant of the corrections, amendments, or changes required and the applicant shall be allowed to refile within sixty (60) days from the date of notification of deficiency. If the application is not corrected, amended, or changed within the time required, the Board may inactivate the application.

(e)   Corrected applications not filed in time allowed. Any corrected application filed after the time allowed shall be treated in all respects as an original application received on the date of its refiling.

(f)   Optional preliminary meeting with the Board. Any person intending to conduct an ASR project has the option to meet with the board, at no charge, to discuss the requirements and expectations for the site-specific ASR plan.

(g)   A site-specific plan to be submitted to the Board. Applicants must submit a site-specific aquifer and storage recovery plan that satisfies the requirements of OAC 785:31-3-2. After review by Board staff, the site-specific aquifer storage and recovery plan shall be approved by the Board as part of the ASR permit.

[Source: Added at 35 Ok Reg 2214, eff 9-14-18]