OKLAHOMA CITY–The Oklahoma Water Resources Board is taking steps to expedite and moderate its permitting process.
Because of House Bill 2197, newly enacted legislation affecting water rights administration in the state, the agency announced recently it 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 assist applicants with document submissions.
“We are also working through the backlog of administrative hearings and developing an online platform for permit applications/amendments,” the agency said.
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. The agency announced it plans to roll out a test version soon.
“Our water permitting web page remains a comprehensive resource for current information,” the OWRB said. “We are committed to keeping you up to date as we make these improvements. Do not hesitate to contact our Water Rights Administration team at 405.530.8800 or email WaterPermitting@owrb.ok.gov.”
HB 2197 was sponsored by state Rep. Dick Lowe (R-Amber), a Ninnekah native, and Sen. Lonnie Paxton (R-Tuttle), who has been nominated to be the state Senate’s next President Pro Tempore. Rep. Brad Boles (R-Marlow) signed on as co-author of the measure on May 23.
The legislation went into effect immediately after it was signed by Gov. Kevin Stitt on May 31, 2024.
The new law defines a “provisional temporary permit” as a water-use permit “which may be summarily granted upon administrative approval by the Executive Director of the Oklahoma Water Resources Board” and which authorizes an appropriation of water in an amount and from a source approved “by the Executive Director.”
A provisional temporary permit authorizes an appropriation of water for up to 90 days, does not vest in the holder any permanent water right, and is subject to cancellation by theWater Board at any time “within its term in accordance with its provisions.”
Provisional temporary permits will not be effective for more than 90 days “except for the oil and natural gas industry,” the statute decrees. A provisional temporary permit “may be renewed three times for the oil and natural gas industry” except when it involves water withdrawals from “a sole source aquifer.”
Permit holders must report their annual water use to the Oklahoma Water Resources Board “in a manner provided by the Board.” The water use report will afford the permit holder “an opportunity to explain any nonuse of the water allocated” by the permit.
Failure to report annual water usage “may result in cancellation of the permit … upon proper notice and hearing.”
The legislation authorizes the Water Board to “promulgate rules for reporting stream water used and the approval of excused nonuse of stream water.”
The OWRB’s executive director is empowered to issue administrative orders requiring “the immediate cessation of water use” when the agency’s staff “has a reasonable belief the use is unauthorized or continued use will damage rights of prior appropriators.”
Such administrative orders “shall indicate the finding of imminent peril and shall specify the actions that are to be taken immediately.” In addition, those orders must specify a time and place for a hearing “to be held after such actions are taken.”