Stream Water Use
In Oklahoma, stream water is considered to be publicly owned and
subject to appropriation by the OWRB (except in the Grand River
Basin).
As defined by state law, stream water is that which occurs
in a definite natural channel with defined beds and banks. Although
appropriative rights are fundamental
to the use of stream water in Oklahoma, exceptions are made for
domestic uses by the riparian landowner and the capture and storage
of diffused
surface water (that not occurring in a definite stream, lake, or
pond) on the landowner's property, provided the natural flow of the
stream is maintained.
Current Oklahoma water law and OWRB regulations require that a permit
application be filed prior to the diversion of water. Prior to consideration by the Board, notice of the permit application
must be published in newspapers in the county where the diversion is to
take place and in the adjacent downstream county. Any interested party,
especially those whose interests could be affected by the proposed use
of water, may protest issuance of the permit. In such cases, the Board
will hold an administrative fact-finding hearing on the matter.
Before a stream
water permit is approved by the Board, four conditions must be satisfied:
1) the applied for amount of unappropriated water must be available,
2) a present or future need for the water must exist and the intended
use must be beneficial,
3) the use of water must not interfere with domestic or existing appropriative
uses, and 4) the use must not interfere
with existing or proposed beneficial uses within the stream system
and
the needs of the area's water users if the application is for the transportation
of water for
use outside the area where the water originates.
The Board may place certain conditions upon the permit to protect existing
rights and uses and current stream flows and to address other issues
of importance.
The permit is also usually conditioned upon timely construction of works
and commencement of use (normally two years) and upon full use of the
annually authorized amount within the seven-year period following permit
issuance and at least once in a continuous seven-year period thereafter.
If water authorized by regular permit is not put to beneficial use within
the specified time, the OWRB may reduce or cancel the unused amount
and
return the water to the public domain for appropriation to others. However,
when full use of the permitted water is contingent upon a pending project,
the permit can be conditioned upon a schedule allowing phased-in use
over a longer period of time.
The Board issues five types of permits for stream water use: regular, seasonal, temporary, term, and provisional temporary.
- Regular permits authorize the holder to appropriate water year around.
- Seasonal permits allow
diversion of water for specified periods.
- Temporary permits authorize water
use for up to three months.
- Term permits allow water use for a given number
of years.
- Provisional temporary permits, which are nonrenewable, allow appropriation
for up to 90 days. The provisional temporary permit is the only one that
does not require a public hearing and subsequent approval by the Board.