Okla. Admin. Code § 785:25-5-1

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

Section 785:25-5-1 - Application and fee required

(a)General.

(1) Any person who shall desire to construct, enlarge, alter, remove, or repair any dam under the Board's jurisdiction shall submit an application upon printed forms which will be furnished by the Board upon request. Applicant must receive Board approval prior to the commencement of any construction activities other than clearing, grubbing, or other site preparation that will not have the effect of impounding water.

(2) For the purposes of this subchapter, repair shall not be deemed to include routine normal maintenance.

(3) The maps, plans, drawings, and specifications of the proposed work along with the required fee shall form a part of the application.

(4) The application and attachments shall be filed in duplicate.

(5) Notwithstanding the provisions of paragraph (1) of this subsection, an owner who proposes to construct a new dam that will be considered an agriculture-exempt dam shall be required only to notify the Board of such construction and file a notice of completion in accordance with 785:25-7-6 [82:110.5]. An owner who proposes to enlarge, alter, remove, or modify an existing agriculture-exempt dam shall submit an application prepared with the assistance of a local conservation district or federal agriculture related agency, or shall submit an application for consideration by the Board in accordance with 785-25-5.

(b)Signature Of applicant. The application shall be signed as follows:

(1) If the applicant is an individual, the application shall be signed by the applicant or his duly appointed agent, who shall present satisfactory evidence of his authority to represent the applicant.

(2) A joint application shall be signed by each applicant or his duly authorized agent, provided that a joint application by husband and wife may be signed by either party (joint applicants are required to select one among them to act for and represent the others in dealing with the Board).

(3) If the application is by a partnership, the applicant shall be designated by the firm name followed by the words "A Partnership" and the application shall be signed by each of the general partners or, if signed by one partner or other agent, a written statement of the agent's authorization to make the application, signed by the other parties of interest, shall be attached to the application.

(4) In the case of an estate or guardianship, the application shall be signed by the duly appointed guardian or representative of the estate, and a certified copy of the letter issued by the court shall be attached to the application.

(5) In the case of a water district, county, municipality, etc., the application shall be signed by a duly authorized official, and a certified copy of the resolution or other authorization to make the application shall be attached.

(6) In the case of a private corporation, the application shall be signed by a duly authorized person and, if not attested by the secretary or assistant secretary, a copy of the authorization shall be attached to the application.

(c)Notary public required. All applicants shall subscribe and swear to the application before a Notary Public, who shall also sign his name and affix his seal to the application.

(d)Water rights. Water rights requested or required in connection with a planned dam or reservoir may be approved based on preliminary information; however, no construction, enlargement, alteration or repair shall proceed until the application required by this Section has been submitted and approved in accordance with the rules of this subchapter and until the water rights required are approved.

Okla. Admin. Code § 785:25-5-1

Amended at 10 Ok Reg 3287, eff 6-25-93 ; Amended at 14 Ok Reg 2766, eff 7-1-97 ; Amended at 30 Ok Reg 882, eff 6-13-13

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024