§ 82-1020.11. Types of permits - Fees.

A.  Regular Permit.  A regular permit is an authorization to put groundwater to beneficial use for other than domestic purposes.  The regular permit shall be granted only after completion of the hydrologic survey and determination of the maximum annual yield for the appropriate basin or subbasin.  It can be revoked or canceled only as provided in Sections 1020.12 and 1020.15 of this title.

B.  Temporary Permit.

1.  A temporary permit is an authorization for the same purposes as a regular permit but granted by the Oklahoma Water Resources Board prior to completion of the hydrologic survey and the determination of the maximum annual yield of the basin or subbasin.

2.  Except as otherwise provided by this subsection, unless requested by a majority of the surface owners of the land or by the applicant, the water allocated by a temporary permit shall not be less than two (2) acre-feet annually for each acre of land owned or leased by the applicant in the basin or subbasin.  If the applicant presents clear and convincing evidence that allocations in excess of two (2) acre-feet annually for each acre of land overlying the basin or subbasin will not exhaust the water thereunder in less than twenty (20) years, then the Board may issue temporary permits in such basin or subbasin in such amounts in excess of said limitation as will assure a minimum twenty-year life for such basin or subbasin.

3.  A temporary permit must be revalidated annually during its term.  The permit shall lapse at expiration of its term or upon the issuance of a regular permit, whichever shall occur first.  It is subject to revocation or cancellation as provided in Sections 1020.12 and 1020.15 of this title.  For temporary permit revalidation purposes, water use report forms shall be mailed by the Board to each temporary permit holder.  Timely return of the completed, signed, and dated water use report form to the Board shall automatically revalidate a temporary groundwater permit if the revalidation is not protested and if the water use report form does not show or reflect any permit-water use violations.

4.  If the revalidation of a permit is protested, the Board shall immediately set a date for hearing and notify the applicant and each protestant of the time and place of the hearing.  At the hearing, any interested person may appear and present evidence and argument in support of or in opposition to the protest and revalidation.  At the hearing on the revalidation protest, matters previously presented or considered and adjudicated shall not be subject to reconsideration or readjudication.  The protest issues which may be entertained shall be limited to matters not previously determined, including but not limited to: a material or substantial change in conditions since issuance of the permit; evidence of the applicant's noncompliance with any of the terms, provisions, or conditions of the permit; or subsequent violations of the Oklahoma Groundwater Law, or Board rules and regulations.

5.  Subject to compliance with all other and applicable provisions of this chapter and rules and regulations of the Board, all temporary permits "revalidated" by the Board prior to the effective date of this act are hereby validated.

C.  Special Permit.  A special permit is an authorization by the Board in lieu of or in addition to a regular or temporary permit.  The special permit is granted to put groundwater to a beneficial use which shall require quantities of water in excess of that allocated under a regular or temporary permit.  The water so authorized may be used only for the purpose designated in the permit.  The permit shall be granted for a period not to exceed six (6) months and may be renewed three (3) times.  Successive special permits shall not be granted for the same purpose.  It is subject to revocation or cancellation upon failure to use the water for the purpose granted or as provided in Sections 1020.12 and 1020.15 of this title.

D.  Except as provided in Section 1020.21 of this title, no permits shall be issued to an applicant who is not the surface owner of the land on which the well is to be located, or does not hold a valid lease from such owner permitting withdrawal of water from such basin or subbasin.

Laws 1972, c. 248, § 11, eff. July 1, 1973; Laws 1973, c. 47, § 1, emerg. eff. April 27, 1973; Laws 1978, c. 157, § 2; Laws 1985, c. 104, § 1, emerg. eff. May 28, 1985; Laws 1993, c. 164, § 16, emerg. eff. May 10, 1993.