Any person, firm, corporation, state or federal governmental agency, or subdivision thereof, intending to acquire the right to the beneficial use of any water shall, before commencing any construction for such purposes or before taking the same from any constructed works, make an application to the Board, together with the filing fee authorized by law, for a permit to appropriate in the form required by rules and regulations established by the Board. Such rules and regulations shall, in addition to providing the form and manner of preparing and presenting the application, require that such application state all the data necessary for the proper description and limitation of the right applied for, as to the amount of water requested, together with such information as may be necessary to show the method and practicability of the construction and the ability of the applicant to complete the same. Added by Laws 1972, c. 256, § 9.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1990–2023 · leading case:
City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011).
City of Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011).
· cites it 2× “Okla. Stat. tit. 82, § 105.9 . Hugo, a longstanding holder of two permits issued by the Board, contracted to sell water to Irving for use in Texas.”
Franco-Am. Charolaise, Ltd. v. Oklahoma Water Resources Bd., 855 P.2d 568 (Okla. 1990).
“In August of 1980 the City of Ada [City] made application, pursuant to 82 O.S.1981 § 105.9, to increase its appropriation of water from Byrd’s Mill Spring from 3,360 acre feet per year to 11,202 acre feet per year to meet a projected annual need of 10,523 acre feet per year by…”
Leo v. Oklahoma Water Resources Bd., 2023 OK 96 (Okla. 2023).
“82 O.S. §105.9 60 O.S. §60 Franco-American was decided -- riparian rights are limited to domestic use (not reasonable use), and water not needed for domestic purposes "becomes public water and is subject to appropriation for the benefit and welfare of the people of the State.”
Rural Water, Sewer & Solid Waste Mgmt. Dist. No. 1 v. City of Guthrie, 2014 OK CIV APP 48 (Okla. Civ. App. 2013).
· cites it 2× “2011 §37-120 to deny Logan-1's requests; pursuant to 82 O.S. 2011 §105.9, Logan-1 was required to first seek a permit from the Oklahoma Water Resources Board (OWRB) before filing suit; and Guthrie is exempt from antitrust liability pursuant to Fine Airport Parking, Inc.”
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treatment. Dots show Syfertize treatment of the citing case itself.