Okla. Admin. Code § 785:20-9-1

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

Section 785:20-9-1 - Construction of works

(a)Time for beginning of construction.

(1) Any regular, term or seasonal permit issued by the Board shall expire unless the applicant commences construction of the works within two (2) years of the issuance of the permit. If the Board does not receive a written notice of commencement of works or request to extend time within thirty (30) days after the end of the two-year period, the permit shall be deemed expired after written notice to the applicant. [82:105.15] The commencement of construction shall be deemed to consist of the commencement of any of the following activities: land acquisition, preparation of the land, the acquisition of equipment, or construction of the dam or diversion works. Within ten (10) days after beginning actual construction of a project, the permit holder shall file in a written statement with the Board showing that such work was begun within the time limit allowed in the permit.

(2) The construction of non-federal dams is governed by the provisions of Chapter 25 of this Title.

(b)Amendment of construction plans.The plans of construction may be amended by the permittee, with the approval of the Board, at any time, [82:105.10] upon approval of a petition, but no change shall authorize an extension of time for construction or placing the water to beneficial use beyond that authorized in the permit, except as provided in 82 O.S. 1981, §105.15, and rules in this Chapter.

(c)Extension of time for beginning of construction.Upon written request by the permittee the Board may extend the time for the beginning of construction beyond the time allowed in the permit for good cause shown, such as engineering difficulty or other valid reason over which the applicant has no control; [82:105.15] provided that no extension shall be granted beyond seven (7) years or beyond the first time step of a schedule of use, whichever is longer.

(d)Notice of completion of works. Within ten (10) days following completion of the works, a regular, seasonal or term permittee shall give notice on forms previously provided by the Board, that the work has been completed. If the works were constructed prior to obtaining a permit to appropriate, the permittee shall file a notice of completion of works within ten (10) days after receiving the permit and notice form.

(e)Inspection of works.Upon due notice of completion by the owner, the Board shall make an inspection of the works which shall be thorough and complete in order to determine the actual capacity of the works and their safety and efficiency. [82:105.25] Inspections of dams are governed by the provisions of Chapter 25 of this Title. Inspection fees shall be as set forth in Chapter 5 of this Title and shall be due on the date set forth in the invoice sent to the permittee.

(f)Improperly constructed works to be changed.If not properly and safely constructed, the Board may require the necessary changes and shall give notice of the changes to be made within a reasonable time and shall not issue a certificate of completion until such changes are made. [82:105.25]

(g)Postponement of priority for failure to make necessary changes.Failure to make necessary changes within the time required by the Board shall cause the postponement of the priority under the permit for such time as may elapse from the date for completing such changes until made to the satisfaction of the Board, and applications subsequent in time shall have the benefit of such postponement of priority. [82:105.25]

(h)Report by registered professional engineer accepted.The Board may accept the report of inspection by a registered professional engineer. [82:105.25]

(i)Certificate of completion.

(1)When the works other than dams are found in satisfactory condition, after inspection and after payment of any inspection fees due, the Executive Director shall approve the issuance of a certificate of completion of construction, setting forth the actual capacity of the works [82:105.26] in acre-feet per year, and in gallons per minute or cubic feet per second as appropriate, and such limitations upon the water right as shall be warranted by the condition of the works, but in no manner extending the rights described in the permit. [82:105.26]

(2) If the actual capacity of the works is less than that authorized in the permit, and no schedule of use was made part of the permit, the actual capacity amount set forth in the certificate of completion shall govern and the Board shall issue an amended permit showing the actual capacity amount as the amount authorized to be used.

(3) Certificates of completion for dams are governed by Chapter 25 of these rules.

Okla. Admin. Code § 785:20-9-1

Amended at 11 Ok Reg 2917, eff 6-13-94; Amended at 12 Ok Reg 2617, eff 7-1-95