Okla. Stat. » Title 82 — WATERS AND WATER RIGHTS
Oklahoma Statutes

Okla. Stat. tit. 82, § 105.5 (2026)

Impairment of water rights - Suits in district court

✓ current as of July 2026
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Any person having a right to the use of water from a stream as defined by this act or Section 60 in Title 60 of the Oklahoma

Statutes whose right is impaired by the act or acts of another, or others, may bring suit in the district court of any county in which any of the acts complained of occurred. Provided, however, that nothing herein contained shall be construed to empower district courts to recognize rights to use the water of a stream unless such rights have heretofore been established pursuant to this act or are claimed under Section 60 in Title 60 of the Oklahoma Statutes. Provided, however, that the Attorney General shall intervene on behalf of the state in any suit for the adjudication of rights to the use of water if notified by the Board that the public interests would be best served by such action. Laws 1972, c. 256, § 5.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1990–2023 · leading case: Franco-Am. Charolaise, Ltd. v. Oklahoma Water Resources Bd., 855 P.2d 568 (Okla. 1990).
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Franco-Am. Charolaise, Ltd. v. Oklahoma Water Resources Bd., 855 P.2d 568 (Okla. 1990). “82 O.S.1981 § 105.5. . 82 O.S.1981 § 105.”
City of Blackwell v. Wooderson, 2017 OK CIV APP 33 (Okla. Civ. App. 2017). · cites it 12× “constitutes actionable impairment and/or interference with [the City's] vested appropriation rights under 82 O.S. §105.5." 1 In their briefing to the trial court, Defendants argued the City's Motion for Leave to Amend should be denied because the claims presented in the proposed…”
Farris v. Masquelier, 2022 OK 91 (Okla. 2022). · cites it 5× “Uniform Jury Inst. No. 9.10 (modified); 27A O.S. § 2-6- 105(A); 27A O.”
Leo v. Oklahoma Water Resources Bd., 2023 OK 96 (Okla. 2023). · cites it 2× “6 See 82 O.S.2011, § 105.5 See 82 O.S., § 105.5 ¶41 We hold the statutes are clear -- the OWRB has the authority to issue the permit for appropriation of stream water and such a determination is within the scope of the state's police powers and not a taking of a protected…”
Leo v. Oklahoma Water Resources Bd., 2023 OK 96 (Okla. 2023). · cites it 2× “See 82 O.S.2011, § 105.5. In this regard, Petitioners are not left without recourse should any future interference with their water rights occur because of the City's permit.”
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.