Okla. Admin. Code § 785:32-3-7

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

Section 785:32-3-7 - Approval of application

(a) A permit to take and use water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan shall only be granted if substantial, competent evidence accompanying the application demonstrates:

(1) The Board has approved a site-specific aquifer storage and recovery plan;

(2) The applicant has legal access to the water stored in the aquifer pursuant to the plan;

(3) The applicant stored or caused to be stored said water pursuant to and in compliance with any required authorization issued by the Oklahoma Department of Environmental Quality that is intended to protect water quality;

(4) The stored water is available for use in the applied for amount during the period covered by, and in the manner described in, the proposed permit;

(5) The use to which the applicant intends to put the water is a beneficial use; and

(6) That waste by depletion and waste by pollution as specified in 82 O.S. § 1020.15 will not occur.

(b) In making the determination of whether applicant has legal access to the stored water, the Board will only consider language on the face of legal instruments used to support or oppose this element.

(c) In determining whether waste [82:1020.15] will occur, the Board shall consider the following:

(1) Evidence concerning the manner and method of use proposed, efficiency of system proposed to be used, history and incidents of past waste, and applicant's response thereto and the amount of groundwater needed for the purpose proposed in relation to the amount allocated to the land dedicated to the application may be considered by the Board.

(2) The Board may consider relevant and admissible evidence regarding the manner and method of all of applicant's uses of groundwater; applicant's well and water distribution system; history and incidents of permitting or causing pollution of groundwater or failure to properly plug abandoned fresh water wells in accordance with rules of the Board and file reports thereof; and anything else that tends to prove that the applicant will or will not cause or allow groundwater pollution. Provided, however, if the activity for which the applicant intends to use the water is required to comply with rules and requirements of or is within the jurisdictional areas of environmental responsibility of the Department of Environmental Quality, the Board shall be precluded from making a determination whether waste by pollution will occur as a result of such activity.

Okla. Admin. Code § 785:32-3-7

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018