Water Rights Administration Update

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Water Rights Administration Update

As a result of new legislation regarding water rights administration in Oklahoma, the OWRB is increasing our capacity to speed up water right application processes and legal proceedings, streamline water use reporting and data accuracy, increase field services, and address water use complaints and non-compliance.

The OWRB is offering voluntary pre-application meetings to help applicants with document submittal. We are also working through the backlog of administrative hearings and developing an online platform for permit applications/amendments.

In response to customer feedback, the OWRB is building an online water-use reporting platform that will simplify required reporting, improve data accuracy, and reduce paper handling. We plan to roll out a test version soon and will be looking for permit holders who are willing to participate. Please see the summary of House Bill 2197 below for information on new compliance procedures, including annual water use reporting.

To receive future updates on water rights administration, select "Manage Preferences" below and add "Water Permitting/Water Rights" to your subscriber topics. Our water permitting web page also remains a comprehensive resource for current information.

We are committed to keeping you up to date as we make these improvements. Please do not hesitate to contact our Water Rights Administration team at 405.530.8800 or email WaterPermitting@owrb.ok.gov.


Legislative Update

House Bill 2197 Oklahoma Stream Water Rights
This bill introduces new statutes to allow for excused nonuse for good cause, permit cancellation for failure to report annual use, enforcement actions for unauthorized use or use that could harm prior appropriators and domestic users, and renewal of provisional temporary permits for the oil and natural gas industry (effective May 31, 2024). Please note, the OWRB is implementing a new process for addressing complaints, violations, and enforcement to standardize procedures. This will include implementing a monthly administrative hearing docket to expedite correction of instances of non-compliance, including failure to submit annual water use reports and other permit conditions. 

Annual Water Use Reporting and Enforcement
Annual Water Use Report forms will be mailed out to all permit holders in January, and permit holders will have until March 15, 2025, to return their report form(s) and the required annual administration fee. Submittals received by the OWRB after March 15, 2025, but by April 15, 2025, will be subject to an additional late fee of $25 for groundwater permits and $50 for surface water permits. If reports and applicable fees are not received by the OWRB by April 15, 2025, the permit holder will be subject to an administrative penalty of up to $5,000 per day, and possible cancellation of the permit, and will be given an opportunity for a hearing.  

Senate Bill 1914 Groundwater Irrigation Districts
Under current groundwater law, permit holders in an area can form an irrigation district to seek conservation grant funding for groundwater irrigation. This bill removes certain provisions that allowed water permit holders to opt out of participation in groundwater irrigation districts (effective November 1, 2024). 

Stream Water Law (Oklahoma Administrative Code 785:20-13-1 through 4)
These rules add definitions and permit conditions regarding interference above Lugert-Altus and Tom Steed reservoirs for junior appropriators (effective August 11, 2024). 

Groundwater Law (Oklahoma Administrative Code 785:30-3-4)
In certain cases where the landowner and permit holder are not the same, these rules require water right applicants to provide direct notice to holders of existing and pending groundwater permits within spacing distances (effective August 11, 2024). 

Intent to Drill
In 2023, new rules required groundwater well drillers to submit an intent to drill application for all non-domestic groundwater wells. The rules ensure that all wells drilled under a water right have gone through proper notice procedures and meet well spacing requirements. The program has already decreased the number of administrative hearings regarding well spacing issues.