Okla. Admin. Code § 165:5-7-28

Current through Vol. 41, No. 19, June 17, 2024

Section 165:5-7-28 - Procedure for aquifer exemption

(a) Each application for an order designating a USDW as an exempted aquifer shall comply with the requirements of OAC 165:5-7-1.

(b) Within two (2) days after filing an application, the applicant shall file with the Court Clerk and submit to the Director of Underground Injection Control (UIC) for the Conservation Division the following:

(1) Plat of the governmental section(s) underlain by the aquifer with the production for the area designated thereon.

(2) Copies of completions records (1002A) for the oil and gas disposal and injection well(s) in the aquifer or a tabulation of the wells indicating the following information, if available, from public records:

(A) Dates the wells were drilled.

(B) The present status of the wells.

(3) Analysis of total dissolved solids for the waters produced from the aquifer to be exempted.

(4) An affidavit stating that the aquifer does not currently serve as a source of drinking water.

(5) Prefiled testimony, as provided in 165:5-13-3(j), by sworn statement, that the aquifer cannot now or has no reasonable future prospect of serving as a source of drinking water because:

(A) It is mineral, hydrocarbon or geothermal energy producing.

(B) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical.

(C) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption.

(6) Prefiled testimony, as provided in 165:5-13-3(j), by sworn statement, as to the hydrological connection of the aquifer to any other aquifer or portion thereof with a TDS content of 5,000 ppm or less.

(7) The requirements of (4) and (5) of this subsection may be waived by the Director of UIC (Underground Injection Control) if the applicant intends to present the information by testimony at the time of hearing.

(8) Any order issued pursuant to this Section granting an application shall set forth the legal description of the lands underlain by the exempted aquifer and describing the exempted aquifer by approximate depth.

(c) Notice of public hearing shall be made by publication in the county(ies) where the aquifer is located and in Oklahoma County not less than thirty (30) days prior to the hearing date. The notice shall substantially conform to Appendix A to this Chapter. In addition, the notice shall contain a statement that supporting exhibits are available from the Court Clerk for review or copying, under the cause number.

(d) Notice of Hearing, together with a copy of the application, shall be served by the applicant by regular mail, no less than thirty (30) days prior to the hearing, upon the chief executive officer of each incorporated town or municipality, chairman of any rural water district in the area covered by the application, the Oklahoma Water Resources Board, and the Oklahoma State Department of Health, Water Supply Branch.

(e) Objection to granting the application or notice of interest in the cause must be filed no less than five (5) days prior to hearing.

(f) The Commission upon the filing of an application under this Section, shall designate a panel to serve as Administrative Law Judges in the matter, with a designated chairman, pursuant to the rules of the Commission. The panel shall be composed of three (3) members, one with each of the following qualifications:

(1) An attorney experienced in oil and gas matters.

(2) A geologist.

(3) An engineer.

(g) The panel shall make its recommendation to the Commission based upon the record in the cause.

(h) All exceptions to the recommendation of the panel shall be directly to the Commission en banc.

Okla. Admin. Code § 165:5-7-28

Amended at 27 Ok Reg 2098, eff 7-11-10