Okla. Admin. Code § 785:20-1-4

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

Section 785:20-1-4 - Statutory provisions on ownership and use of water

(a)The owner of land owns water standing thereon, or flowing over or under its surface but not forming a definite stream. The use of groundwater shall be governed by the Oklahoma Groundwater Law. Water running in a definite stream, formed by nature over or under the surface, may be used by the owner of the land riparian to the stream for domestic uses as defined in Section 105.1 of Title 82 of the Oklahoma Statutes, but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the State, as provided by law; provided, however, that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by virtue of the first sentence of this Section so long as he provides for the continued natural flow of the stream in an amount equal to that which entered his land less the uses allowed for domestic uses and valid appropriations made pursuant to Title 82 of the Oklahoma Statutes; provided further, that nothing contained herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to build or alter structures on a stream pursuant to Title 82 of the Oklahoma Statutes to provide for the storage of additional water the use of which the land owner has or acquires by virtue of this act.

(b)All rights to the use of water in a definite stream in this state are governed by this section and other laws in Title 82 of the Oklahoma Statutes, which laws are exclusive and supersede the common law. [60:60]

(c) The State of Oklahoma is a party to four interstate stream compacts which were adopted by the Oklahoma Legislature as statutes, including the Canadian River Compact (82 O.S. 1991, § 526.1 ), the Kansas-Oklahoma Arkansas River Compact (82 O.S. 1991, §1401), the Arkansas-Oklahoma Arkansas River Compact (82 O.S. 1991, §1421), and the Red River Compact (82 O.S. 1991, §1431). Among other matters, the compacts apportion water among the states that are party to the compacts. Water rights subject to regulation under this chapter of the rules are likewise subject to applicable provisions of the compacts. (d) Use of water in a scenic river area in Oklahoma is also subject to applicable provisions of the Oklahoma Scenic Rivers Act, 82 O.S. 1991, §1451 and following.

Okla. Admin. Code § 785:20-1-4

Amended at 15 Ok Reg 2435, eff 6-11-98