Okla. Admin. Code § 785:20-11-2

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

Section 785:20-11-2 - Reclaiming water turned into a watercourse

(a)Application to reclaim required.Water turned into any natural or artificial watercourse by any party entitled to the use of such water may be reclaimed below and diverted thereform by such party, subject to existing rights, due allowance for losses being made by the Board. [82:105.4.] Anyone wishing to reclaim such water using the bed and banks of any stream for conveyance shall, before commencing such conveyance, file an application setting forth the following information:

(1) The name of the applicant and the place and purpose of use.

(2) The name of the stream whose bed and banks are to be used for the transportation of the water.

(3) The name of the owner of any reservoir located on the stream through which the waters are to be conveyed.

(4) The place of origin and the terminus of the proposed transported waters.

(5) The time of commencement and termination of the transit.

(6) The number of acre-feet of water to be transported and the approximate flow at the point of origin in cubic feet per second of time.

(7) The number of the water right which authroizes the storage and the number of the water right which authorizes the use of the water proposed to be transported.

(b)Other requirements. Other requirements to reclaim water turned into a watercourse are as follows:

(1) Any copy of any water purchase contract shall also be filed.

(2) The Board shall have the right to require the alteration or amendment of any contract for the transportation of water where if finds such alteration or amendment is necessary to protect domestic uses or existing appropriative uses.

(3) The conveyor shall not permit the water to overflow the banks of any stream, nor shall he interfere with those having a lawful right to the use of that rate of flow of the stream which would prevail in the absence of the water in transit.

(4) When stored waters are released from a reservoir or dam and such waters are designated for use or storage downstream by a specified user legally entitled to receive such waters, it shall be unlawful for any person without legal right to divert, store, appropriate, use, or otherwise interfere with the passage of such water for downstream use or storage.

(5) Anyone whose rights are impaired by such transport of water may bring suit under the provisions of 82 O.S. 1981, §105.5.

Okla. Admin. Code § 785:20-11-2

Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95