Okla. Admin. Code § 785:20-11-1

Current through Vol. 42, No. 8, January 2, 2025

Section 785:20-11-1 - Multiple ownership of reservoir sites

(a) In those instances in which a Natural Resources Conservation Service flood detention structure or other non-natural impoundment is located on land owned by more than one person and an applicant desires to use his portion of the storage therein for beneficial use, the Oklahoma Water Resources Board will, absent evidence to the contrary, apportion the site among all the owners using the following formula:

0.25 FP + 0.75(D+S) + 1.0 SP=TV
	FP	=	total area of flood pool exclusive of sediment pool.
	D+S	=	total area of dam and spillway.
	SP	=	total area of sediment pool.
	TV	=	total value.
Individual shares 0.25 FP' + 0.75(D'+S') + 1.0 SP'=PV
	F'P'	=	area in flood pool owned by an individual.
	D'+S'	=	area of dam and spillway owned by an individual.
	SP'	=	area of sediment pool owned by an Individual.
	PV	=	proportionate value of total.
PV / TV * 100 = % of water stored (To which individual is entitled).

(b) The Board may adjust the total amount of water available for appropriation in the reservoir by utilizing a refill factor that is based on average annual precipitation and runoff within the drainage area for the reservoir, in addition to or with correlative stream gauge data. In no case shall the refill factor exceed a value of two (2) times the amount of water available for appropriation from the sediment pool of the reservoir.

(c) Absent evidence to the contrary, storage in natural impoundments shall be divided in accordance with the percent of surface area of impoundment on the applicant's property.

Okla. Admin. Code § 785:20-11-1

Amended at 10 Ok Reg 3281, eff 6-25-93; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 14 Ok Reg 2750, eff 7-1-97