Frequently Asked Questions

Oklahoma Water Facts

Dam Safety

I plan to build a pond on my land. Do I need a permit to use water from it?
Surface water in Oklahoma is considered to be publicly owned and available to anyone who can demonstrate a need to use the water for a beneficial purpose and can show a right to access the water's source. As the state's designated steward of Oklahoma's water resources, the OWRB regulates water use to preserve supplies for future users. Because you own the land upon which your pond is located, you have access to the water and are entitled to use it without a permit for domestic purposes, such as watering livestock up to the normal grazing capacity of your land. However, if you use the water for specified agricultural, municipal, industrial, or related purposes, Oklahoma law requires that you obtain a permit from the OWRB.

Is construction of my pond subject to any state, federal, or local requirements?
Generally, if your impoundedment is greater than 25 feet in height and impounds 15 acre-feet or more of water storage or is greater than 6 feet in height and impounds 50 acre-feet or more, you must submit to the OWRB plans and specifications related to construction of the new dam. (Plans and specs are also required for modification to existing structures under OWRB jurisdiction.) However, if the pond is primarily for agricultural use and designed by an agricultural agency, the OWRB only requires filing of a notice of intent for construction. The OWRB strongly suggests that you contact an agency dam safety official early in the construction planning process.

Is a dam near my property well maintained?
If you are concerned about a dam near you, contact our agency and request the most recent inspection report. You will need to know the exact location of the dam or its ID number. If it is not a high-hazard dam (life or property is not at significant risk) no inspection report is required and hence unavailable.

Financial Assistance

When submitting an application for financial assistance to the OWRB, what engineering information should be included?
A detailed engineering report must be submitted with all OWRB financial applications. The report should follow the format adopted by the Funding Agency Coordinating Team (FACT).

Am I required to hire an engineer to prepare a preliminary engineering report?
Projects that require a "Permit to Construct" from the Oklahoma Department of Environmental Quality (DEQ) are required to have a registered professional engineer prepare an engineering report and/or design analysis, as well as the plans and specifications. Projects that do not require a DEQ "Permit to Construct" are reviewed on a case-by-case basis.

Which financial applications require submittal of an Environmental Information Document (EID)?
The Clean Water and Drinking Water Revolving Loan Funds require submittal of an Environmental Information Document (EID). The OWRB prepares and issues the environmental decision for the CWSRF loan program and the Oklahoma Department of Environmental Quality (DEQ) prepares and issues the environmental decision for the DWSRF loan program.

I would like to obtain a loan from the OWRB. How do I get started?
The first step is to submit a preliminary application to the Board. For a Clean Water State Revolving Fund loan, contact the OWRB and request to be placed on the CWSRF priority list. Drinking Water State Revolving Fund loan projects are recommended by the Oklahoma Department of Environmental Quality. Applicants should contact DEQ at (405) 702-8100 and ask to be placed on the DWSRF Project Priority List.

Is there a penalty for prepayment of OWRB loan principal?
No. There is no penalty for pre-payment of any loan issued by the OWRB. However, loans from OWRB Revenue Bonds may require that prepayments be received during a specified time period or window of opportunity. Please contact an OWRB financial analyst for details.

What are the interest rates for OWRB loans?
The variable interest rate for a Bond loan changes quarterly. The fixed interest rate for bond loans is set at the time of closing and is based on market conditions at that time. For more information, see current rates.

Are previously incurred engineering expenses eligible for reimbursement from OWRB loan funds?
Yes. Costs directly associated with any engineering study or report related to the proposed project can be reimbursed. For tax purposes, Revenue Bond loans require that a Reimbursement Resolution be provided to the OWRB before any costs are incurred.

Am I required to hire a financial advisor?
No. A financial advisor is not required for any OWRB loan. However, many communities hire a financial advisor to help them complete the loan application and identify the source(s) of repayment. Financial advisor fees may be included in the loan.

Am I required to hire an attorney?
Yes. Both a local attorney and a bond attorney are required to close all OWRB loans. Attorney fees may be included in the loan.

Do I require a trustee bank?
All Revenue Bond loans require a trustee bank; loan funds are transferred to the trustee bank at loan closing and payment requests are made from the trustee bank account. DWSRF and CWSRF loans require a trustee bank after construction is complete; during construction, loan funds are transferred to the borrower as costs are incurred.

When are loan payments due?
Loan payments for bond loans begin the month following loan closing and are due to the trustee bank on the 15th of each month until the loan matures. Loan principal payments for DWSRF and CWSRF loans generally begin within six months of construction completion and are due to the OWRB semi-annually until the loan matures. Interest and administrative fees are billed every six months after the loan is closed and eligible loan costs have been paid.

What type of "emergency" would qualify for an OWRB Emergency Grant?
An emergency is defined in Chapter 50 of the OWRB Rules and Regulations as any situation where the life, health, or property of persons being served by an entity are endangered. OWRB rules include three categories (see 785:50-7) of emergency that must all be beyond control of the applicant. Examples of emergencies include water well contamination, damage from mudslides, flood-damaged lines, and tornado damage. Failures due to poor maintenance are not considered emergencies.

What should a complete grant application include?
All grant applications must be signed and attested and include the attorney's signature. The application must also include the Resolution authorizing application to the OWRB, incorporation documents for the entity, a copy of the ordinance/resolution adopting the current water and/or sewer rates (if necessary), a copy of the water purchase contract, the most recent audit and a preliminary engineering report with an estimated cost of the project.

We have been awarded a REAP and/or Emergency Grant. When will we get the money?
After the OWRB approves the grant, certain documentation is required prior to the release of funds, including the executed Grant Agreement, verification that a separate account for the funds has been opened, executed contract documents, Notice to Proceed, and copy of the DEQ Permit to Construct (when required). Upon receipt of all necessary documentation, OWRB staff request a check from the Office of State Finance. (This usually requires seven to 10 days.) Once the check is received, staff contact the entity regarding delivery.

When are REAP applications due?
REAP applications must be received by the OWRB by 5:00 p.m. on the first business day of September to be considered for potential funding from the following Fiscal Year appropriations.

Floodplain Management

How can I find out if my property lies within a regulatory floodplain?
Flood insurance rate maps (FIRMs), published by the Federal Emergency Management Agency, indicate a community's flood hazard areas and degree of risk in those areas. Communities that participate in the National Flood Insurance Program (NFIP) usually have FIRMs on file in a local repository (i.e., the local planning, zoning or engineering office, town hall or county government headquarters). These maps are also available for a reasonable cost from the FEMA Map Service Center (toll-free number, 1-800-358-9616), P.O. Box 1038, Jessup, Maryland, 20794-1038. Due to liability concerns, OWRB employees are prohibited from making FIRM flood hazard determinations unless the determination is for state-owned or -operated property.

My property lies in a regulatory floodplain, but my community does not participate in the National Flood Insurance Program. Am I prohibited from purchasing flood insurance?
No. You may still buy flood insurance if your community doesn't participate in the NFIP; however, it will likely be more expensive because the premium is rated on the degree of risk involved and is based upon the relationship between the 100-year flood elevation and your home's lowest floor.

My property doesn't lie in a regulatory floodplain. Am I still eligible for flood insurance?
Yes. You may purchase flood insurance from any licensed insurance agent, regardless of where you live in an NFIP member community. In fact, the NFIP has a special low-cost policy for homes not located in a Special Flood Hazard Area.

Do I need a permit from the OWRB if I want to build a house in the floodplain?
No. However, you will need a floodplain development permit from the local jurisdiction in which you live, such as a city, town, or county, and you should contact your local floodplain administrator. The OWRB does regulate development in floodplains of state-owned or state-operated property.

Groundwater & Water Well Drilling

How do I find out if there is sufficient groundwater available in an area where I am considering purchasing land?
While OWRB staff are unable to predict with absolute certainty whether or not groundwater is available in a specific area, agency hydrologists can utilize available aquifer and water well yield data to assist citizens in identifying the locations most likely to produce sufficient well yields.

Where can I get maps of the state's aquifers?
The Oklahoma Geological Survey publishes and maintains Hydrologic Atlases for Oklahoma. They are available from the agency's Publication Section. In addition, the U.S. Geological Survey has digital data sets describing characteristics of some Oklahoma aquifers.

Where can I get depth-to-water information on the state's aquifers?
The OWRB maintains a water resource monitoring network of approximately 750 wells for which depth-to-water information is collected on an annual basis. In addition, the OWRB possesses a database of water well driller logs that indicate the first zone of water encountered and often depth to water of the associated well. Contact the OWRB's Planning and Management Division for more information at (405) 530-8800.

How can I find out if there are any water wells located on my property or within a certain distance of my property boundaries?
For a nominal fee, OWRB staff can conduct a search of the agency's water well log database and produce a list of wells in a particular area, including information on completion date, depth, and related details. However, data is somewhat limited for water wells constructed prior to 1970.

I need to have a water well drilled. How can I find a reputable well driller in my area?
The OWRB licenses well drillers and pump installers who do business in Oklahoma.

Am I required to locate my water well some minimum distance from my property boundaries?
Distance requirements exist only for wells drilled into those groundwater basins for which the OWRB has determined a maximum annual yield. Current rules state that the spacing distance for those wells (other than domestic) is 1,320 feet from any other authorized well owned by another party. Maximum annual yield studies have been completed on many of Oklahoma's major and minor groundwater basins.

Rural Water Districts & Service

My property is located outside a municipal water service area and I lack access to a potable source of drinking water. How do I find out if there is a rural water system in my area?
The OWRB recently completed a survey of more than 700 rural water systems in Oklahoma and maintains a database of related information.

Whom should I contact with a complaint about the water rates and/or operation of my rural water district.
While the OWRB works periodically with many of the state's rural water districts and related entities, the agency has no jurisdiction over their operation and management. First, try to work out the problem with the district board or other local rule-making body. The Oklahoma Rural Water Association (in Oklahoma City, 405-672-8925), an organization that represents the interests of the state's rural water systems, may also assist in mediating conflicts and problems.

Water Quality & Pollution

What should I do if my pond or lake has suffered a fish kill?
Contact the Oklahoma Department of Wildlife Conservation at 405-521-3851.

What should I do if I have a complaint about the odor, taste, or appearance of drinking water and/or water pollution?
Contact the Oklahoma Department of Environmental Quality using their toll-free hotline at 1-800-522-0206.

What should I do if I have problems or questions about soil erosion and/or sediment in my lake or pond?
Contact the Oklahoma Conservation Commission at 405-979-2200.

Water Use & Water Law

Do I need a water use permit from the OWRB?
If you intend to use water for any purpose other than domestic use , Oklahoma law requires that you obtain a permit from the OWRB.

What is considered "domestic use"?
Domestic use is the use of water for household purposes, for farm and domestic animals up to the normal grazing capacity of the land, and for the irrigation of land not exceeding a total of three acres in area for the growing of gardens, orchards, and lawns. Domestic use also includes water used for agricultural purposes by natural individuals, use for fire protection, and use by non-household entities for drinking water, restrooms, and watering of lawns, provided such uses don't exceed five acre-feet per year.

If groundwater use is a private property right, why is it regulated?
The State Legislature has determined that reasonable regulation of groundwater is required to preserve at least the minimum life of state groundwater supplies and ensure that landowners receive their designated share of water.