Okla. Admin. Code § 785:30-7-4

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

Section 785:30-7-4 - Adding or replacing a well for the purpose of exercising prior rights or existing permits

(a)Additional wells.

(1) The holder of a permit or prior right may make a written petition to the Board for approval of an additional well(s) where such well(s) is or are necessary in order to withdraw the amount authorized by the existing permit. If ownership of the land, permit or prior right changes after the petition is filed, the petitioner must promptly notify the Board and notice of such change may be required.

(2) The petition shall be filed prior to drilling the well(s) on forms provided by the Board and shall be accompanied by a map or plat (see APPENDIX A of this Chapter). The additional well(s) must be located on lands dedicated to a permit to take and use groundwater from the same groundwater basin, be drilled and used to prevent waste and meet applicable well spacing requirements or location exceptions.

(3) The Executive Director shall approve the petition, provided:

(A) That the new well location meets established well spacing or is not closer than one-thousand three hundred twenty feet (1320') from lands owned by another if well spacing is not applicable; or

(B) That, if well spacing is not applicable, there is submitted a written statement from each surface estate owner owning land closer than one-thousand three hundred twenty feet (1320') from the well requested to be authorized, stating that he or she has no objection to the new well location.

(4) If one of the above enumerated conditions cannot be met, the permittee must give notice as set forth in 785:30-3-4 regarding each additional proposed well. If a protest is received, the Board shall schedule a hearing and notify the applicant and protestant of such hearing. Even if no protest is received, the petitioner shall be given opportunity for hearing if the petition cannot be recommended for approval to the Board.

(b)Replacement well.

(1) For well locations authorized by a permit or prior right, a replacement well may be drilled on dedicated lands without prior approval from the Executive Director if the proposed replacement well will not be closer than meets established well spacing or will not be closer than one-thousand three hundred twenty feet (1320') from lands owned by another if well spacing is not applicable.

(2) For a well location authorized by permit or prior right where the proposed replacement well location is within one-thousand three hundred twenty feet (1,320') of lands owned by another, the replacement well may be drilled on lands relied on to establish the prior right or dedicated lands without prior approval of the Executive Director, provided the replacement well is within two-hundred fifty feet (250) of the well to be replaced.

(3) If paragraphs (1) or (2) of this subsection cannot be met, a petition for an additional well may be filed.

(c)Location of wells identified. A legal description or multi-purpose completion report such as that required by 785:35-5-3 showing the location of the well to the nearest ten (10) acre tract shall be submitted to the Board within sixty (60) days after completion of any additional or replacement well.

Okla. Admin. Code § 785:30-7-4

Amended at 10 Ok Reg 3293, eff 6-25-93; Amended at 11 Ok Reg 2935, eff 6-13-94; Amended at 12 Ok Reg 2689, eff 7-1-95; Amended at 13 Ok Reg 2869, eff 7-1-96

Amended by Oklahoma Register, Volume 36, Issue 22, August 1, 2019, eff. 8/11/2019