Okla. Admin. Code § 785:20-5-5

Current through Vol. 42, No. 4, November 1, 2024

Section 785:20-5-5 - Factors relating to statutory elements for application approval

(a)Determination of water available for appropriation from a stream.

(1) For direct diversions from a stream, the determination of water available for appropriation shall take into consideration the mean annual precipitation run-off in the watershed above the point(s) of diversion, the mean annual flow, stream gauge measurements, domestic uses and all existing appropriations and other designated purposes in the stream system. The Board may consider other evidence or laws relating to stream flow or elevation, including but not limited to apportionment provisions of interstate stream compacts to which the State of Oklahoma is a party and the Oklahoma Scenic Rivers Act.

(2) Absent the presentation of more accurate evidence to the contrary, the Board shall estimate the amount of water required to satisfy domestic use to be six (6) acre-feet per household per year or three (3) acre-feet per non-household domestic use.

(b)Determination of water available for appropriation from a reservoir, lake or pond.

(1) The amount of water available for appropriation from a lake or reservoir shall be based on a ninety-eight percent (98%) dependable yield of the reservoir for municipal and industrial use and an eighty percent (80%) dependable yield of the reservoir for irrigation use. The Board may consider other dependable yields of reservoirs, considering the type of use proposed, interconnections with other reservoirs and other factors deemed relevant by the Board.

(2) The amount of water available from a Natural Resources Conservation Service flood detention structure shall be based on the designated sediment pool amount as specified in 785:20-11-1. For impoundments other than Natural Resources Conservation Service flood detention structures, the Board shall determine the amount of water available for appropriation by estimating the yield based on the storage capacity, evaporation amounts and other factors deemed appropriate by the Board.

(3) If an application is made to appropriate water from water supply storage at Sardis Reservoir, an amount of 20,000 acre-feet of water shall not be considered available for appropriation unless the applicant's use is within one or more of the 10 county area of southeastern Oklahoma. The 10 counties include LeFlore, McCurtain, Pushmataha, Latimer, Haskell, Choctaw, Pittsburg, Coal, Atoka, and Bryan. The following conditions apply to this paragraph:

(i) Appropriations shall be granted first from the remainder of the yield of Sardis Reservoir; and

(ii) Water appropriated from the 20,000 acre-feet amount cannot be used as a substitute for water which is used out of southeastern Oklahoma; and

(iii) If the applicant's proposed use from the 20,000 acre-feet amount is for municipal or rural water district use, the service area must be within southeastern Oklahoma, and if the use from the 20,00 acre-feet is for industrial, commercial, irrigation or power use, the primary processes for such use must occur within southeastern Oklahoma; and

(iv) No water shall be released or withdrawn from water supply storage in Sardis Reservoir unless a lake level management plan for the applicant's use has been reviewed by the Oklahoma Department of Wildlife Conservation and is approved by the Board, provided that an approved lake level management plan shall have an emergency clause for domestic use.

(c)Present or future need.

(1) In considering the amount of water requested, the Board may review the efficiency of the works proposed to place the water to beneficial use and may order modifications to such works or that different works be utilized.

(2) For a proposed public water supply or municipal use, the Board may review population projections for the area served or proposed to be served by the applicant.

(3) For a proposed irrigation use, the amount of water needed shall be based on the types of crops to be grown and the number of irrigable acres, as indicated by the "Technical Report on Irrigation Water Requirements State of Oklahoma," U.S. Department of the Interior, Bureau of Reclamation, Southwest Region, Amarillo, Texas, September 1986. Other appropriate publications may be utilized to calculate water demand for crops, and the applicant may submit additional information for consideration as to the amount of water needed. If more than one crop is to be irrigated, present and future need may be based on the crop which has the greatest irrigation water requirements during a dry year.

(d)Determination of interference with domestic and existing appropriative uses.

(1) For purposes of determination of interference with domestic uses of stream water, interference with domestic use of groundwater will not be considered.

(2) The Board may determine that conditions or restrictions are necessary to protect existing beneficial uses and rights and may establish and impose such conditions on certain stream flow whereby direct diversion may be allowed only during certain times of the year or when a certain level of stream flow or elevation in the stream is reached. In some cases, the Board may determine that water storage is necessary.

(3) If the Board determines water to be available for appropriation pursuant to 785:20-5-5(a) and (b) and the applicant agrees to the placement of a condition(s) on the permit that the proposed use will not interfere with domestic or existing appropriative uses and/or conditions or restrictions pursuant to 785:20-5-5(d)(2), it shall be a presumption that interference will not occur.

(e)Additional factors to be determined for scenic rivers and outstanding resource waters. If the application is to divert water from a definite stream which has been designated as a "scenic river area" under the Scenic Rivers Act, 82 O.S. 1991, §1451 et seq., or a stream designated as Outstanding Resource Waters under Chapter 45 of this Title, the Board shall consider, in addition to the guidelines set forth in (a), (b), (c) and (d) of this Section, the following factors insofar as sufficient information is readily available to assure that appropriate instream flows are protected:

(1) Quantity of water requested in comparison to the amount of water available for appropriation based on mean annual precipitation run-off produced within the drainage area of the watershed above the proposed point of diversion;

(2) Quantity of flow needed in cubic feet per second (cfs) for recreational purposes, including sustaining existing fish species in the stream, spawning periods for such species, etc., provided that for sustaining existing fish species in the Barren Fork Creek, and unless information to the contrary is shown, a flow restriction of 50 cfs will be considered as needed;

(3) Existing water quality in the stream and the potential of the diversion to alter the water quality or physical characteristics of the stream; and

(4) Other information as deemed relevant by the Board.

Okla. Admin. Code § 785:20-5-5

Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2671, eff 7-1-95; Amended at 13 Ok Reg 2853, eff 7-1-96; Amended at 14 Ok Reg 2750, eff 7-1-97; Amended at 15 Ok Reg 2435, eff 6-11-98; Amended at 16 Ok Reg 2682, eff 7-1-99; Amended at 20 Ok Reg 2604, eff 7-11-03