Okla. Stat. tit. 82, § 82-1020.15
This is the official text of Okla. Stat. tit. 82, § 82-1020.15, part of Oklahoma’s Stat. tit. 82, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 82,." Browse the sections below, each linked to its official government source.
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Waste prohibited - Enforcement
Official statutory text
A. The Oklahoma Water Resources Board shall not permit any
groundwater user to commit waste by:
1. Drilling a well, taking, or using groundwater without a
permit, except for domestic use;
2. Taking more groundwater than is authorized by the permit;
3. Taking or using groundwater in any manner so that the water
is lost for beneficial use;
4. Transporting groundwater from a well to the place of use in
such a manner that there is an excessive loss in transit;
5. Using groundwater in such an inefficient manner that
excessive losses occur;
6. Allowing any groundwater to reach a pervious stratum and be
lost into cavernous or otherwise pervious materials encountered in a
well;
Oklahoma Statutes - Title 82. Waters and Water Rights Page 199
7. Permitting or causing the pollution of a fresh water strata
or basin through any act which will permit fresh groundwater
polluted by minerals or other waste to filter or otherwise intrude
into such a basin or subbasin. The Board shall be precluded from
determining whether waste by pollution will occur pursuant to the
provisions of this paragraph if the activity for which the applicant
or water user intends to or has used the water as specified under
Section 1020.9 of this title is required to comply with rules and
requirements of or is within the jurisdictional areas of
environmental responsibility of the Department of Environmental
Quality or the Oklahoma Department of Agriculture, Food, and
Forestry;
8. Drilling wells and producing groundwater therefrom except in
accordance with the well spacing previously determined by the Board;
9. Using groundwater for air conditioning or cooling purposes
without providing facilities to aerate and reuse such water; or
10. Failure to properly plug abandoned water wells in
accordance with rules of the Board and file reports thereof.
B. Except as otherwise provided by paragraph 7 of subsection A
of this section, any employee of the Board having evidence that an
act of waste is being committed in his or her presence, or after
investigation of a complaint filed by another individual, shall take
steps to assure that the waste ceases. Such steps shall include but
shall not be limited to pursuing voluntary compliance, obtaining the
issuance of a cease and desist order by the Executive Director,
instituting action in a court of competent jurisdiction to enjoin
the waste, pursuing a suspension of any permit or other
administrative remedies by the Board, and filing a complaint in the
district court of the county wherein such violation has occurred,
and it shall be the duty of the district attorney of said county to
prosecute such complaint.
C. In cases of waste by pollution pursuant to paragraph 7 of
subsection A of this section, any complaint or investigation, or any
enforcement matter other than an individual proceeding involving the
suspension of an Oklahoma Water Resources Board permit shall be
referred to and subject to the jurisdiction of the Department of
Environmental Quality or other appropriate state environmental
agency or state agency with limited environmental responsibility.
groundwater user to commit waste by:
1. Drilling a well, taking, or using groundwater without a
permit, except for domestic use;
2. Taking more groundwater than is authorized by the permit;
3. Taking or using groundwater in any manner so that the water
is lost for beneficial use;
4. Transporting groundwater from a well to the place of use in
such a manner that there is an excessive loss in transit;
5. Using groundwater in such an inefficient manner that
excessive losses occur;
6. Allowing any groundwater to reach a pervious stratum and be
lost into cavernous or otherwise pervious materials encountered in a
well;
Oklahoma Statutes - Title 82. Waters and Water Rights Page 199
7. Permitting or causing the pollution of a fresh water strata
or basin through any act which will permit fresh groundwater
polluted by minerals or other waste to filter or otherwise intrude
into such a basin or subbasin. The Board shall be precluded from
determining whether waste by pollution will occur pursuant to the
provisions of this paragraph if the activity for which the applicant
or water user intends to or has used the water as specified under
Section 1020.9 of this title is required to comply with rules and
requirements of or is within the jurisdictional areas of
environmental responsibility of the Department of Environmental
Quality or the Oklahoma Department of Agriculture, Food, and
Forestry;
8. Drilling wells and producing groundwater therefrom except in
accordance with the well spacing previously determined by the Board;
9. Using groundwater for air conditioning or cooling purposes
without providing facilities to aerate and reuse such water; or
10. Failure to properly plug abandoned water wells in
accordance with rules of the Board and file reports thereof.
B. Except as otherwise provided by paragraph 7 of subsection A
of this section, any employee of the Board having evidence that an
act of waste is being committed in his or her presence, or after
investigation of a complaint filed by another individual, shall take
steps to assure that the waste ceases. Such steps shall include but
shall not be limited to pursuing voluntary compliance, obtaining the
issuance of a cease and desist order by the Executive Director,
instituting action in a court of competent jurisdiction to enjoin
the waste, pursuing a suspension of any permit or other
administrative remedies by the Board, and filing a complaint in the
district court of the county wherein such violation has occurred,
and it shall be the duty of the district attorney of said county to
prosecute such complaint.
C. In cases of waste by pollution pursuant to paragraph 7 of
subsection A of this section, any complaint or investigation, or any
enforcement matter other than an individual proceeding involving the
suspension of an Oklahoma Water Resources Board permit shall be
referred to and subject to the jurisdiction of the Department of
Environmental Quality or other appropriate state environmental
agency or state agency with limited environmental responsibility.
Status: in_force · Read it on the official government site
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