Okla. Admin. Code § 785:20-1-9

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

Section 785:20-1-9 - Use of water from a reservoir

To clarify the distinction between regulation of the use of water in a reservoir and ownership and use of the storage space created by a reservoir, it is recognized:

(1) Water, not previously appropriated or otherwise not subject to previously recognized claims to use, in reservoirs owned by federal, state or local governments or non-governmental entities or persons is public water subject to appropriation as provided herein. The use of storage space created by a reservoir is subject to applicable laws and regulations and is recognized to be property of the owner of such reservoir.

(2) For reservoirs constructed by agencies of the federal government, such as the U.S. Army Corps of Engineers, Department of Interior Bureau of Reclamation, and U.S. Department of Agriculture Natural Resources Conservation Service, the Board will consider applications for regular permits to appropriate water only within quantities which represent the dependable yield of water from conservation storage space in such reservoirs, as calculated by such agencies, provided that for upstream flood control impoundments constructed under sponsorship of Soil and Water Conservation Districts, the amount of water in the sediment pool will be available to landowners or their successors who granted easements without compensation for such impoundments and who obtain water rights for the beneficial use of such water, and provided further that 785:20-11-1 shall be applicable where multiple landowners granted such easements.

Okla. Admin. Code § 785:20-1-9

Amended at 10 Ok Reg 3281, eff 6-25-93; Amended at 14 Ok Reg 2750, eff 7-1-97