A. The owner of the land owns water standing thereon, or flowing over or under its surface but not forming a definite stream. The use of groundwater shall be governed by the Oklahoma Groundwater Law. Water running in a definite stream, formed by nature over or under the surface, may be used by the owner of the land riparian to the stream for domestic uses as defined in Section 105.1 of Title 82 of the Oklahoma Statutes, but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the state, as provided by law; Provided however, that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by virtue of the first sentence of this section so long as he provides for the continued natural flow of the stream in an amount equal to that which entered his land less the uses allowed for domestic uses and for valid appropriations made pursuant to Title 82 of the Oklahoma Statutes; provided further, that nothing contained herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to build or alter structures on a stream pursuant to Title 82 of the Oklahoma
Statutes to provide for the storage of additional water the use of which the landowner has or acquires by virtue of this act. B. All rights to the use of water in a definite stream in this state are governed by this section and other laws in Title 82 of the Oklahoma Statutes, which laws are exclusive and supersede the common law. Amended by Laws 1988, c. 203, § 1, emerg. eff. June 10, 1988.
Notes of Decisions
Franco-Am. Charolaise, Ltd. v. Oklahoma Water Resources Bd., 855 P.2d 568 (Okla. 1990).
· cites it 8× “(emphasis added) [13] This provision remained unchanged through statehood until its modification by the 1963 amendments, particularly the changes embodied in 60 O.S.Supp. 1963, § 60. As I view the provision it recognized by the emphasized portion that a riparian, although…”
Jacobs Ranch, L.L.C. v. Smith, 2006 OK 34 (Okla. 2006).
· cites it 2× “[4] This dispute does not involve the landowners' rights to the water as provided in 60 O.S.2001, § 60. Landowners have a statutory right to withdraw groundwater for domestic use without a permit.”
Oklahoma Water Resources Bd. v. Cent. Oklahoma Master Conservancy Dist., 464 P.2d 748 (Okla. 1969).
· cites it 5× “The Oklahoma Water Resources Board, where the proceeding under consideration had its inception, found that while East Elm Creek was a “definite stream” within the meaning of 60 O.S.1951, § 60, the District is not entitled to procure a release of the impounded water because under…”
Land O' Lakes, Inc. v. Employers Mut. Liab. Ins., 846 F. Supp. 2d 1007 (D. Minnesota 2012).
· cites it 2× “Okla. Stat. tit. 60, § 60 (A) (“The owner of the land owns water standing thereon, or flowing over or under its surface but not forming a definite stream.”
Story v. Hefner, 540 P.2d 562 (Okla. 1975).
“” The law pertaining to the ownership of the water under land in a case such as this where the lake is landlocked and fed by rainfall is governed by the first sentence of Title 60 O.S.1971, § 60, which reads, as follows: “The owner of the land owns water standing thereon, or…”
City of Tulsa v. Tyson Foods, Inc., 258 F. Supp. 2d 1263 (N.D. Okla. 2003).
“The Oklahoma Water Resource Board (and its predecessor, the Oklahoma Planning and Resources Board, (collectively referred to “OWRB”)) is entitled to appropriate water to municipalities or individuals for any “beneficial” use. Okla. Admin. Code § 785:20-1-6 (2000).”
Branch v. Mobil Oil Corp., 772 F. Supp. 570 (W.D. Okla. 1991).
“§ 4162 (1890), now Okla.Stat. tit. 60, § 60; R.L.1910 § 4324, now Okla.”
Merritt v. Corp. Comm'n, 438 P.2d 495 (Okla. 1968).
“Title 60 O.S.Supp. 1963, § 60, provides : “The owner of the land owns water standing thereon, or flowing over or under its surface but not forming a definite *498 stream.”
Med. Lodge Investments, L.L.C. v. Ear, Inc., 2008 OK CIV APP 107 (Okla. Civ. App. 2008).
“While the effect of deeds is normally a question of law, the record here provides some evidence requiring trial of whether there was a mutual mistake of fact requiring reformation of the deed to Medicine Lodge.”
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