Okla. Stat. tit. 82, § 82-105.10

A. 1. The date of receipt of an application for use of stream

water in the office of the Oklahoma Water Resources Board shall be

endorsed and shall be noted in the records of the Board.

2. If the application is defective as to form or unsatisfactory

as to feasibility or safety of the plan, or as to the showing of the

ability of the applicant to carry the construction to completion,

the Board shall advise the applicant of the correction, amendments

or changes required. The applicant shall have not more than sixty

(60) days from the date the Board so advises to refile such

application. If refiled, corrected as required, within the

specified time limit, the application shall, upon being accepted by

the Board, take priority as of date of its original filing, subject

to compliance with the further provisions of the law and the rules

promulgated thereto. Any corrected application filed after the time

allowed shall be treated in all respects as an original application

received on the date of its refiling.

3. The plans of construction may be amended, with the approval

of the Board, at any time, provided that no change shall authorize

an extension of time for construction or placing the water to

Oklahoma Statutes - Title 82. Waters and Water Rights Page 21

beneficial use beyond that authorized in the permit, except as

provided in Section 105.15 of this title. A change in the proposed

point of diversion of water from a stream shall be subject to the

approval of the Board and shall not be allowed to the detriment of

the rights of others having valid claims to the use of water from

the stream.

B. 1. For applications that have been pending for more than

three (3) years prior to the effective date of this section, the

Board shall provide written notice to the applicant at the

applicant’s last-known address that the application shall be deemed

withdrawn and the priority date based on the original filing date

shall be lost unless the applicant provides notice of the

application as instructed by the Board. The Board shall provide an

opportunity for a hearing if requested in order for the applicant to

show cause why:

a. notice should not be published, and

b. the application should not be deemed withdrawn and the

priority date lost.

2. Cause may be shown by substantial competent evidence that:

a. the applicant has been diligently pursuing plans for

the project for which the water is proposed to be

used,

b. construction of the project is still practical, and

c. the applicant is still able to complete the project.

3. If the Board receives no response to the notice, the

application shall be deemed withdrawn and priority date lost.

C. 1. After the effective date of this section, applications

may remain pending for more than three (3) years and retain the

priority date based on the original filing date if the applicant

files a request to extend pending status of the application before

the end of the first three-year period and each successive three-

year period thereafter and as required by rules promulgated by the

Board.

2. If a request to extend pending status is not filed in time

and as required by Board rules, the application will be deemed

withdrawn.