Okla. Stat. tit. 82, § 82-105.2

A. Beneficial use shall be the basis, the measure and the limit

of the right to the use of water; provided, that water taken for

domestic use shall not be subject to the provisions of this act,

except as provided in Section 105.5 of this title. Any person has

the right to take water for domestic use from a stream to which he

is riparian or to take stream water for domestic use from wells on

his premises. Water for domestic use may be stored in an amount not

to exceed two (2) years' supply. The provisions of this act shall

not apply to farm ponds or gully plugs which are not located on

definite streams and which have been constructed under the

supervision and specifications of the Soil and Water Conservation

Districts.

B. Priority in time shall give the better right. From and

after the date of June 10, 1963, the following priorities for the

use of water and no other shall exist:

1. Prestatehood uses. Priorities to the quantity of water put

to beneficial use prior to November 15, 1907, to the extent to which

the priority has not been lost in whole or in part pursuant to

Section 105.16 of this title when the same shall have been perfected

as provided by this act and rules and regulations adopted by the

Board. Such said priorities shall date from the initiation of the

beneficial use.

2. Spavinaw, Grand, North Canadian, Blue and North Boggy

adjudications. Priorities decreed to exist in adjudications brought

in pursuance of this act where such adjudications have been

initiated prior to the date of June 10, 1963, to the extent to which

these priorities have not been lost in whole or in part pursuant to

Section 105.16 of this title. Such said priorities shall be dated

Oklahoma Statutes - Title 82. Waters and Water Rights Page 17

as of the date assigned to them in the respective adjudication

decrees.

3. Spavinaw, Grand, North Canadian, Blue and North Boggy Rivers

- Applications prior to June 10, 1963. Priorities based upon

applications for appropriations where the same shall have been

perfected heretofore under the law heretofore applicable to the

extent to which the priority has not been lost in whole or in part

pursuant to Section 105.16 of this title. Such said priorities

shall be dated as of the date of the application therefor.

4. All other applications. Priorities based upon applications

for appropriations to the extent the priority has not been lost in

whole or in part pursuant to Section 105.16 of this title where the

same shall be perfected after June 10, 1963, as provided by this act

and rules and regulations adopted by the Board pursuant thereto.

Such said priorities shall date from the date of application for the

priority. Any permit to appropriate water issued by the Board from

and after June 10, 1963, is hereby presumed to be valid and in full

force and effect to the extent not lost in whole or in part due to

nonuse, forfeiture or abandonment, pursuant to this title.

5. Federal withdrawals. Priorities based on the withdrawal of

water by the United States pursuant to Section 105.29 of this title

to the extent to which the priority has not been lost in whole or in

part through nonutilization as provided by the said section or

pursuant to Section 105.16 of this title. Such said priorities

shall vest in the users of said water as of the date of notification

given pursuant to Section 105.29 of this title.

6. Poststatehood - Nonapplicant uses. Priorities based upon

present beneficial use prior to June 10, 1963, and initiated on or

subsequent to November 15, 1907, to the extent to which the priority

has not been lost in whole or in part pursuant to Section 105.16 of

this title where the same has been perfected as provided by this act

and rules and regulations adopted by the Board pursuant thereto.

Such said priorities as to each quantity of water shall date from

the initiation of the beneficial use of that quantity of water.
quent to November 15, 1907, to the extent to which the priority

has not been lost in whole or in part pursuant to Section 105.16 of

this title where the same has been perfected as provided by this act

and rules and regulations adopted by the Board pursuant thereto.

Such said priorities as to each quantity of water shall date from

the initiation of the beneficial use of that quantity of water.

Provided, however, that no priority based solely upon this paragraph

shall take priority over priorities which bear a priority date

earlier than the effective date of June 10, 1963, and which arise by

virtue of compliance with the provisions of the first five

paragraphs of this subsection.

7. Soil Conservation Service sediment pools. Priorities based

upon beneficial use of that portion of the water designated by the

Soil Conservation Service engineers as necessary for the sediment

pool where landowners have granted easements without compensation

for upstream flood control impoundments under the sponsorship of

Soil and Water Conservation Districts prior to June 10, 1963, to the

extent to which the priority has not been lost in whole or in part

pursuant to Section 105.16 of this title when the same shall have

Oklahoma Statutes - Title 82. Waters and Water Rights Page 18

been perfected as provided by this act and rules and regulations

adopted by the Board. Such said priorities shall date from the date

of the grant of the easement. Subsequent to June 10, 1963, those

landowners who shall grant easements for such upstream flood control

impoundments may acquire a priority for beneficial use of that water

designated as the sediment pool by complying with paragraph 4 of

subsection B of this section.

C. When any person might claim a priority under more than one

of the numbered paragraphs of subsection B of this section, he may

elect which paragraphs shall control his priority date. Nothing in

this provision shall be construed to prohibit his electing different

priorities under one or more of the paragraphs of subsection B of

this section for different quantities of water.

D. From and after June 10, 1963, the only riparian rights to

the use of water in a definite stream, except water taken for

domestic use, are those which have been adjudicated and recognized

as vested through the proceedings under 82 O.S. Supp. 1963, Sections

5 and 6, orders of the Oklahoma Water Resources Board entered

thereunder which became final, and those decreed to exist in the

Spavinaw, Grand, North Canadian, and Blue and North Boggy

adjudications, all to the extent such rights have not been lost, in

whole or in part, due to nonuse, forfeiture or abandonment, pursuant

to this title.