Okla. Stat. tit. 82, § 82-105.11
This is the official text of Okla. Stat. tit. 82, § 82-105.11, 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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Notice of application - Protest - Hearing
Official statutory text
A. Except as otherwise provided by Section 105.13 of this title
for limited quantity stream water permits, upon the acceptance of an
application which complies with the provisions of Chapter 1 of this
title, and the rules promulgated by the Oklahoma Water Resources
Board pursuant thereto, the Board shall instruct the applicant to
publish, within the time required by the Board, a notice thereof, at
Oklahoma Statutes - Title 82. Waters and Water Rights Page 22
the applicant's expense, in a form prescribed by the Board in a
newspaper of general circulation in the county of the point of
diversion, and in a newspaper of general circulation published
within the adjacent downstream county and any other counties
designated by the Board once a week for two (2) consecutive weeks.
Such notice shall give all the essential facts as to the proposed
appropriation, among them being the places of appropriation and of
use, amount of water, the purpose for which it is to be used, name
and address of applicant, the hearing date, time and place if a
hearing is scheduled by the Board before instructions to publish
notice are given, and a thirty-day protest period as well as the
manner in which a protest to the application may be made. At the
time the Board provides the notice of application to the applicant,
the Board shall publish on its website the applications and
instructions for public notice, including the draft public notice
prepared by the Board. The website publishing is in addition to,
and not in lieu of, the requirement for applicants to publish notice
in the newspaper. The time to protest shall run from the date of
the first newspaper publication.
B. In case of failure to give such notice in accordance with
the rules and regulations applicable thereto within the time
required, or if such notice is defective, the priority of
application shall be lost; however, if proper notice is given within
thirty (30) days after the Board has notified the applicant of his
or her failure to give effective and proper notice, the application
shall thereafter carry the original date of filing, and shall
supersede any subsequent application to the same source of water
supply. Any interested party shall have the right to protest said
application and present evidence and testimony in support of such
protest.
C. If the Board does not schedule a hearing on the application
before instructing the applicant to publish notice, a hearing shall
be scheduled by the Board upon receipt of a protest which meets the
requirements of the Board's rules, the Board shall notify the
applicant and protestant of such hearing.
for limited quantity stream water permits, upon the acceptance of an
application which complies with the provisions of Chapter 1 of this
title, and the rules promulgated by the Oklahoma Water Resources
Board pursuant thereto, the Board shall instruct the applicant to
publish, within the time required by the Board, a notice thereof, at
Oklahoma Statutes - Title 82. Waters and Water Rights Page 22
the applicant's expense, in a form prescribed by the Board in a
newspaper of general circulation in the county of the point of
diversion, and in a newspaper of general circulation published
within the adjacent downstream county and any other counties
designated by the Board once a week for two (2) consecutive weeks.
Such notice shall give all the essential facts as to the proposed
appropriation, among them being the places of appropriation and of
use, amount of water, the purpose for which it is to be used, name
and address of applicant, the hearing date, time and place if a
hearing is scheduled by the Board before instructions to publish
notice are given, and a thirty-day protest period as well as the
manner in which a protest to the application may be made. At the
time the Board provides the notice of application to the applicant,
the Board shall publish on its website the applications and
instructions for public notice, including the draft public notice
prepared by the Board. The website publishing is in addition to,
and not in lieu of, the requirement for applicants to publish notice
in the newspaper. The time to protest shall run from the date of
the first newspaper publication.
B. In case of failure to give such notice in accordance with
the rules and regulations applicable thereto within the time
required, or if such notice is defective, the priority of
application shall be lost; however, if proper notice is given within
thirty (30) days after the Board has notified the applicant of his
or her failure to give effective and proper notice, the application
shall thereafter carry the original date of filing, and shall
supersede any subsequent application to the same source of water
supply. Any interested party shall have the right to protest said
application and present evidence and testimony in support of such
protest.
C. If the Board does not schedule a hearing on the application
before instructing the applicant to publish notice, a hearing shall
be scheduled by the Board upon receipt of a protest which meets the
requirements of the Board's rules, the Board shall notify the
applicant and protestant of such hearing.
Status: in_force · Read it on the official government site
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