Okla. Admin. Code § 785:20-5-7

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

Section 785:20-5-7 - Denial of permit and amended application

(a)Denial of permit and notification. If the Board finds from the evidence presented that the applicant has failed to meet the requirements of 82 O.S. 1981, §105.12 and 785:20-5-4, the permit shall be denied and the applicant shall be notified of the rejection.

(b)Denial of permit on basis of no unappropriated water available; amended application.If the Board denies a permit on the basis that no unappropriated water is available in the amount applied for, but [82:105.14] finds that water is available in a lesser amount and that the other requirements of 785:20-5-4 were complied with, the applicant shall be notified of the amount that is available. The applicant may amend the application previously filed and apply for said lesser amount. Such amendment shall not be deemed a waiver of the right of applicant to appeal from the Board's action in denying the permit on the original application. Such amended application shall be returned to the Board by certified mail no later than fifteen (15) days after receipt of the notice of denial...by the Board. Upon receipt of the amended application, the Board shall approve the application for the lesser amount at its next regularly scheduled meeting. [82:105.14]

(c)Denial of permit on basis of no present or future need; amended application. If the Board denies a permit on the basis that the applicant has not demonstrated a present or future need for the water in the amount applied for but finds that he has demonstrated a need in some lesser amount and finds that the other requirements of 785:20-5-4 were complied with as to this lesser amount, the applicant shall be so notified. The applicant may then amend the application previously filed and apply for the lesser amount. The amended application shall be returned to the Board by certified mail no later than fifteen (15) days after receipt of the notice of denial of the amount applied for. The Board shall then approve the permit for the lesser amount at its next regularly scheduled meeting. The amendment of the application to a lesser amount shall not be deemed a waiver of the right of the applicant to appeal from the Board's action in denying the permit on the original application.

Okla. Admin. Code § 785:20-5-7

Amended at 12 Ok Reg 2617, eff 7-1-95