Oklahoma Statutes

Okla. Stat. tit. 82, § 105.16 (2026)

Time for putting water to beneficial use

✓ current as of July 2026

Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

A. Unless a schedule of use is provided by the Board as authorized in this section, a regular permit shall require that the whole of the amount of the water authorized by the permit be put to beneficial use within a period of less than seven (7) years. B. If, upon evidence presented to the Board, and considering the present and future needs of the stream system of origin, it appears that the proposed project, improvement or structure will promote the optimal beneficial use of water in the state, and it further appears that the total amount of water to be authorized by the permit cannot be put to beneficial use within seven (7) years, then the Board shall provide in the permit the time within which the total amount to be authorized shall be put to beneficial use. This time shall be the useful life of the proposed project, improvement or structure as found by the Board. In order to insure orderly

progress toward total beneficial utilization within the said time set by the Board, the Board shall provide in the permit a schedule of times within which certain percentages of the total amount to be authorized must be put to beneficial use. C. Nothing in this act shall be deemed to reestablish any right to the use of any water which has been lost by failure to use same or by forfeiture prior to July 5, 1961. Laws 1972, c. 256, § 16; Laws 1993, c. 164, § 5, emerg. eff. May 10, 1993.

Notes of Decisions

Cited in 3 cases, 2008–2011 · leading case: City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011).

Sort: Relevance Newest Treatment

City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011). · cites it 2× “A, a five year moratorium on the creation of any water compact or agreement exporting water out of state; Okla. Stat. tit. 82, § 1085.2 (2), which prohibits conveying water out of state without legislative authorization; Okla.”

Tarrant Reg'l Water Dist. v. Sevenoaks, 545 F.3d 906 (10th Cir. 2008). “Other “anti-export statutes” include Okla. Stat. tit. 82, § 105.16 (B), which the plaintiffs contend discriminatorily provides for surface water appropriations exceeding seven years only when the use will benefit Oklahoma; Okla.”

Tarrant Reg'l Water Dist. v. Herrmann, 656 F.3d 1222 (10th Cir. 2011). “1972) (enacting Okla. Stat. tit. 82, § 1085.22 and amending Okla.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.