Okla. Admin. Code § 785:30-3-5

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

Section 785:30-3-5 - Approval of application

(a) When a person makes an application for a groundwater permit, the Board shall consider relevant evidence and data before taking final action on the application. Subject to subsection (f) of this section, if the Board finds that the applicant owns the surface of the dedicated land or has a valid lease or other legal authority for the taking of groundwater from the land; the dedicated land overlies a fresh groundwater basin or subbasin; the applicant's intended use for the water is a beneficial use; and that waste by depletion and waste by pollution as specified in 82 O.S. § 1020.15 will not occur, then the Board shall approve the application and issue the appropriate permit.

(b) In making the determination of whether the lands are owned or leased by the applicant, the Board will only consider language on the face of legal instruments used to support or oppose this element.

(c) In making the determination of whether the lands owned or leased overlie the fresh groundwater basin or subbasin, if a hydrologic survey or report and determination of the maximum annual yield have not been completed, and absent specific evidence to the contrary, the Board will presume that the groundwater underlying the lands dedicated is contained in one groundwater basin as shown in United States Geological Survey and Oklahoma Geological Survey hydrologic atlases. The Board will presume that no subbasin exists unless clear and convincing evidence is presented that the groundwater subject of the application is contained in a confined aquifer and is not hydrologically connected to a main body of water underlying the general area as shown in hydrologic atlases.

(d) The Board may approve applications proposing well locations on dedicated lands which are not contiguous to other lands dedicated, as long as the lands on which the wells are to be located and the other non-contiguous lands overlie the same groundwater basin. This provision shall be subject to any well spacing orders issued by the Board.

(e) In determining whether waste will occur, the Board shall consider the following:

(1) Regarding waste by depletion, evidence concerning the manner and method of use proposed, efficiency of system proposed to be used, history and incidents of past waste and applicant's response thereto and the amount of groundwater needed for the purpose proposed in relation to the amount allocated to the land dedicated to the application may be considered by the Board.

(2) Regarding waste by pollution, the Board may consider relevant and admissible evidence regarding the manner and method of all of applicant's uses of fresh groundwater; applicant's well and water distribution system; history and incidents of permitting or causing pollution of groundwater or failure to properly plug abandoned fresh water wells in accordance with rules of the Board and file reports thereof [82:1020.15]; and anything else that tends to prove that the applicant will or will not cause or allow groundwater pollution. Provided, however, [i]f the activity for which the applicant intends to use the water is required to comply with rules and requirements of or is within the jurisdictional areas of environmental responsibility of the Department of Environmental Quality or the State Department of Agriculture, the Board shall be precluded from making a determination whether waste by pollution will occur as a result of such activity[82:1020.9].

(3) To ensure that waste by pollution or waste by depletion will not occur and that the activities to be conducted by the applicant will not violate Oklahoma Water Quality Standards, the Board may impose conditions on the use of the groundwater.

(f)Applications for use from sensitive sole source groundwater basin; moratorium.When a person makes an application for a permit to use groundwater from a sensitive sole source groundwater basin or subbasin, in addition to the findings described in subsection (a) of this section, the Board must find that the proposed use of groundwater is not likely to degrade or interfere with springs or stream emanating in whole or in part from water originating from the sensitive sole source groundwater basin or subbasin [82:1020.9(A)(2)(d)] before it may approve the application and issue the appropriate permit; provided that under Title 82 of the Oklahoma Statutes, Section 1020.9A, effective August 28, 2003, a moratorium is established on the issuance of any temporary permit that would lead to any municipal or public water supply use of groundwater from a sensitive sole source groundwater basin or subbasin outside of any county that overlays in whole or in part said basin or subbasin[82:1020.9A(B)(1)] and that said moratorium shall be in effect until such time as the . . .Board conducts and completes a hydrological survey and approves a maximum annual yield that will ensure that any permit for the removal of water from a sensitive sole source groundwater basin or subbasin will not reduce the natural flow of water from springs or streams emanating from said basin or subbasin[82:1020.9A(B)(2)].

Okla. Admin. Code § 785:30-3-5

Amended at 10 Ok Reg 3293, eff 6-25-93; Amended at 11 Ok Reg 2935, eff 6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 16 Ok Reg 3227, eff 7-12-99; Amended at 19 Ok Reg 2481, eff 6-27-02; Amended at 21 Ok Reg 2626, eff 7-1-04