As used in Section 1020.1 et seq. of this title: 1. "Groundwater" means fresh water and marginal water under the surface of the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any definite stream; 2. "Domestic use" means the use of water by a natural individual or by a family or household for household purposes, for farm and domestic animals up to the normal grazing capacity of the land and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards and lawns, and for such other purposes, specified by Board rules, for which de minimis amounts are used; 3. "Major groundwater basin" shall mean a distinct underground body of water overlain by contiguous land and having substantially the same geological and hydrological characteristics and from which groundwater wells yield at least fifty (50) gallons per minute on the average basinwide if from a bedrock aquifer and at least one hundred fifty (150) gallons per minute on the average basinwide if from an alluvium or alluvium and terrace aquifer, or as otherwise designated by the Board; 4. "Subbasin" means a subdivision of a major or minor groundwater basin overlain by contiguous land and having substantially the same geological and hydrological characteristics and yield capabilities; 5. "Board" means the Oklahoma Water Resources Board;
6. "Person" means any individual, firm, partnership, association, corporation, business trust, federal agency, state agency, the state or any political subdivision thereof, municipalities, and any other legal entities; 7. "Fresh water" means water which has less than five thousand (5,000) parts per million total dissolved solids. For the purpose of Section 1020.1 et seq. of this title all other water is salt water; 8. "Commercial drilling", "commercial plugging" and "commercial installation" mean drilling or plugging and installation as a business, trade or occupation for compensation; 9. "Minor groundwater basin" means a distinct underground body of water overlain by contiguous land and having substantially the same geological and hydrological characteristics and which is not a major groundwater basin; and 10. "Marginal water" means water which has at least five thousand (5,000) and less than ten thousand (10,000) parts per million total dissolved solids. Added by Laws 1972, c. 248, § 1, eff. July 1, 1973. Amended by Laws 1990, c. 325, § 1, emerg. eff. May 30, 1990; Laws 1993, c. 164, § 8, emerg. eff. May 10, 1993; Laws 1995, c. 112, § 5, eff. Nov. 1, 1995; Laws 2018, c. 261, § 1, eff. Nov. 1, 2018.
Notes of Decisions
Jacobs Ranch, L.L.C. v. Smith, 2006 OK 34 (Okla. 2006).
· cites it 7× “¶ 1 Plaintiffs/appellants challenge recent amendments to the Oklahoma Groundwater Law, 82 O.S.2001, §§ 1020.1, et seq. The challenged legislation, [2] codified at 82 O.”
Med. Lodge Investments, L.L.C. v. Ear, Inc., 2008 OK CIV APP 107 (Okla. Civ. App. 2008).
· cites it 2× “However, no similar language is found in the Oklahoma Groundwater Laws, 82 O.S.2001 § 1020.1 to § 1020.22. "Groundwater" is "fresh water under the surface of the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any definite…”
Lowrey v. Hodges, 555 P.2d 1016 (Okla. 1976).
“15; that said application does not conform to Title 82 O.S. §§ 1020.1 to 1020.-22 of the Statutes of the State of *1020 Oklahoma in that it is insufficient in the application; that at this particular location, the Ogallala Aquifer does not replenish itself, even under the…”
Kline v. State ex rel. Oklahoma Water Resources Bd., 759 P.2d 210 (Okla. 1988).
· cites it 4× “The District Court, moreover, upheld as constitutional the contested provisions of the Oklahoma Groundwater Law, codified at 82 O.S.1981, § 1020.1 et seq. Appellant-landowners and the Intervenor, Western Farmers Electric Cooperative, separately appealed this ruling.”
Hodges v. Oklahoma Water Resources Bd., 580 P.2d 980 (Okla. 1978).
“We further held in Lowery, supra, that the statutes (82 O.S.Supp.1972, §§ 1020.1, et seq.) do not require the Board to consider domestic priorities before granting a permit.”
Vulcan Constr. Materials v. City of Tishomingo, 2023 OK CIV APP 5 (Okla. Civ. App. 2022).
“3d 842 See 82 O.S. § 1020.1 et seq . ("Oklahoma Groundwater Law"); Findings of Fact and Conclusions of Law and Board Order , Oklahoma Water Resources Board (October 13, 2013).”
Vulcan Constr. Materials v. City of Tishomingo, 526 P.3d 1171 (Okla. Civ. App. 2022).
“3d 842 See 82 O.S. § 1020.1 et seq . ("Oklahoma Groundwater Law"); Findings of Fact and Conclusions of Law and Board Order , Oklahoma Water Resources Board (October 13, 2013).”
Vulcan Constr. Materials v. City of Tishomingo, 2023 OK CIV APP 5 (Okla. Civ. App. 2022).
“See 82 O.S. § 1020.1 et seq . ("Oklahoma Groundwater Law"); Findings of Fact and Conclusions of Law and Board Order , Oklahoma Water Resources Board (October 13, 2013).”
— Okla. Stat. tit. 82, § 1020.1(1) — 1 case
Med. Lodge Investments, L.L.C. v. Ear, Inc., 2008 OK CIV APP 107 (Okla. Civ. App. 2008).
“However, no similar language is found in the Oklahoma Groundwater Laws, 82 O.S.2001 § 1020.1 to § 1020.22. "Groundwater" is "fresh water under the surface of the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any definite…”
— Okla. Stat. tit. 82, § 1020.1(C) — 1 case
Kline v. State ex rel. Oklahoma Water Resources Bd., 759 P.2d 210 (Okla. 1988).
“The District Court, moreover, upheld as constitutional the contested provisions of the Oklahoma Groundwater Law, codified at 82 O.S.1981, § 1020.1 et seq. Appellant-landowners and the Intervenor, Western Farmers Electric Cooperative, separately appealed this ruling.”
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