Okla. Stat. tit. 82, § 82-105.18
This is the official text of Okla. Stat. tit. 82, § 82-105.18, 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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Loss of right to use water - Notice - Hearing
Official statutory text
A. When the Board has reasonable cause to believe that the
right to use water has been lost in whole or in part, as provided in
Section 105.17 of this title, the Board may proceed to cancel
administratively such right by notifying the claimant of such right,
or his latest successor in such rights, by written notification
mailed by registered or certified mail to his last known address
that there is reasonable cause for believing that he has lost his
water rights under the provisions of Section 105.16 or 105.17 of
this title.
Oklahoma Statutes - Title 82. Waters and Water Rights Page 28
B. Such notice shall be mailed at least thirty (30) days prior
to the date set for the hearing and shall give the time and place
set for the hearing on such water rights; provided that if there is
evidence that delivery of such notice by registered or certified
mail cannot be made to the claimant, or his successor in such water
rights, the Board shall give notice by publishing the same in a
local newspaper qualified to publish such notice, nearest the point
where said water right had attached, once each week for two (2)
consecutive weeks. Such hearing date shall be set not earlier than
thirty (30) days after the last publication date of said notice.
C. At such hearing the claimant of such water right, or his
successor in such right, shall have the right to show cause why such
water right should not be declared to have been lost through nonuse.
Such cause may be shown by substantial competent evidence that the
failure to beneficially use the water subject to forfeiture was
caused by circumstances beyond the control of the claimant and the
claimant was ready and willing to use the water.
Procedures of hearings and appeals shall be governed by the
Administrative Procedures Act.
D. Provided, that the failure of the Board to determine that a
right to use water has been lost in whole or in part for nonuse
shall not in any way revive or continue the said right.
right to use water has been lost in whole or in part, as provided in
Section 105.17 of this title, the Board may proceed to cancel
administratively such right by notifying the claimant of such right,
or his latest successor in such rights, by written notification
mailed by registered or certified mail to his last known address
that there is reasonable cause for believing that he has lost his
water rights under the provisions of Section 105.16 or 105.17 of
this title.
Oklahoma Statutes - Title 82. Waters and Water Rights Page 28
B. Such notice shall be mailed at least thirty (30) days prior
to the date set for the hearing and shall give the time and place
set for the hearing on such water rights; provided that if there is
evidence that delivery of such notice by registered or certified
mail cannot be made to the claimant, or his successor in such water
rights, the Board shall give notice by publishing the same in a
local newspaper qualified to publish such notice, nearest the point
where said water right had attached, once each week for two (2)
consecutive weeks. Such hearing date shall be set not earlier than
thirty (30) days after the last publication date of said notice.
C. At such hearing the claimant of such water right, or his
successor in such right, shall have the right to show cause why such
water right should not be declared to have been lost through nonuse.
Such cause may be shown by substantial competent evidence that the
failure to beneficially use the water subject to forfeiture was
caused by circumstances beyond the control of the claimant and the
claimant was ready and willing to use the water.
Procedures of hearings and appeals shall be governed by the
Administrative Procedures Act.
D. Provided, that the failure of the Board to determine that a
right to use water has been lost in whole or in part for nonuse
shall not in any way revive or continue the said right.
Status: in_force · Read it on the official government site
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