Okla. Stat. tit. 82, § 82-1020.9

A. 1. Before the Oklahoma Water Resources Board takes final

action on an application, the Board shall determine from the

evidence presented, from the hydrologic surveys or reports and from

other relevant data available to the Board and applicant, whether:

a. the lands owned or leased by the applicant overlie a

fresh groundwater basin or subbasin,

b. the use to which the applicant intends to put the

water is a beneficial use,

c. waste as specified by Section 1020.15 of this title

will occur, and

d. the proposed use is likely to degrade or interfere

with springs or streams emanating in whole or in part

from water originating from a sensitive sole source

groundwater basin or subbasin as defined in Section

1020.9A of this title.

2. The Board shall approve the application by issuing a regular

permit, if the Board finds that:

a. the lands owned or leased by the applicant overlie the

fresh groundwater basin or subbasin,

b. the use to which the applicant intends to put the

water is a beneficial use,

c. waste specified by Section 1020.15 of this title will

not occur. When determining whether waste will occur

pursuant to this subparagraph, if the activity for

which the applicant intends to use the water 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 State Department of Agriculture, Food,

and Forestry the Board shall be precluded from making

a determination whether waste by pollution pursuant to

paragraph 7 of subsection A of Section 1020.15 of this

title will occur as a result of such activity. Each

groundwater protection agency, as such term is defined

by Section 1-1-201 of Title 27A of the Oklahoma

Statutes, shall be responsible for developing and

enforcing groundwater protection practices to prevent

groundwater contamination from activities within their

respective jurisdictional areas of environmental

responsibility, and

Oklahoma Statutes - Title 82. Waters and Water Rights Page 191

d. the proposed use is not likely to degrade or interfere

with springs or streams emanating in whole or in part

from water originating from a sensitive sole source

groundwater basin as defined in Section 1020.9A of

this title.

B. Except as otherwise provided in subsection C of this

section, a regular permit shall allocate to the applicant the

proportionate part of the maximum annual yield of the basin or

subbasin. The proportionate part shall be that percentage of the

total annual yield of the basin or subbasin, previously determined

to be the maximum annual yield as provided in Section 1020.5 of this

title, which is equal to the percentage of the land overlying the

fresh groundwater basin or subbasin which the applicant owns or

leases and which is dedicated to the application.

C. If the lands dedicated to the application overlie two or

more groundwater basins and both basins have had maximum annual

yields determined, the amount to be authorized by the regular permit

shall be calculated on the basin having the greatest maximum annual

yield. If the lands dedicated to the application overlie two or

more groundwater basins or subbasins and the maximum annual yield

has been determined for at least one but not all the basins or

subbasins, a temporary permit may be issued to the applicant if the

applicant demonstrates by substantial competent evidence that the

water to be withdrawn by the temporary permit will not be taken from

a basin or subbasin for which the maximum annual yield has been

determined. If the land overlies two or more groundwater basins or

subbasins and the maximum annual yield has not been determined for

any of the basins or subbasins, more than one temporary permit may

be issued for the land if the applicant demonstrates by substantial

competent evidence from which basin the water will be withdrawn for

each of the permits.
ch the maximum annual yield has been

determined. If the land overlies two or more groundwater basins or

subbasins and the maximum annual yield has not been determined for

any of the basins or subbasins, more than one temporary permit may

be issued for the land if the applicant demonstrates by substantial

competent evidence from which basin the water will be withdrawn for

each of the permits.

D. The permit shall specify the location of the permitted well

or wells and other terms and conditions as specified by the Board,

including, but not limited to, the rate of withdrawal, the level of

perforating and the level of sealing the well. A regular permit

shall not be granted for less than the remaining life of the basin

or subbasin as previously determined by the Board.

E. Except for applications for use of groundwater from sole

source aquifers, if the Board's final action to approve an

application is appealed, the applicant may take and use groundwater

as is set forth under the permit while any appeals are pending with

the Board, in district court, or in the appellate courts. For a

court to enjoin the approved use of groundwater pending appeal,

appellants must show a high likelihood of success on the merits,

that there is clear and convincing evidence that they will suffer

irreparable harm, that the balance of the equities tips

significantly in their favor, and that the order is clearly in the

Oklahoma Statutes - Title 82. Waters and Water Rights Page 192

public interest. Any preliminary injunctive relief must be narrowly

drawn, extend no further than necessary to correct the harm the

court finds requires preliminary relief, and be the least intrusive

means necessary to correct that harm. For sole source aquifers, if

the Board's final action to approve an application is appealed, a

district court may enjoin the approved use of groundwater pending

appeal by appellants showing any one of the following:

1. Appellants must show a high likelihood of success on the

merit;

2. That there is clear and convincing evidence that they will

suffer irreparable harm;

3. That the balance of the equities tips significantly in their

favor; or

4. That the order is clearly in the public interest.

F. If all statutory requirements for groundwater permits are

fulfilled and the Board approves the application, appeals seeking to

prohibit the use of water based solely on the industry or entity

applying to use the water are considered to have no genuine issue as

to any material fact and shall be dismissed pursuant to Section 2056

of Title 12 of the Oklahoma Statutes. Further, if such claims are

found to be frivolous, the court may impose sanctions against the

appellant, the appellant's attorney, or both including requiring the

appellant or the appellant's attorney to reimburse the appellee for

reasonable costs and expenses such as reasonable attorney fees and

other expenses incurred as a result of the appeal.