STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1766	By:	Nelson

AS INTRODUCED

An Act relating to waters and water rights; amending 82 O.S. 2001, Section 105.1, which relates to irrigation and water rights; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     82 O.S. 2001, Section 105.1, is amended to read as follows:
Section 105.1  As used in Sections 105.2 through 105.32 of this title:
1.  "Definite stream" means a watercourse in a definite, natural channel, with defined beds and banks, originating from a definite source or sources of supply.  The stream may flow intermittently or at irregular intervals if that is characteristic of the sources of supply in the area;
2.  "Domestic use" means the use of water by a natural individual or by a family or household for household purposes, for farm and domestic animals up to the normal grazing capacity of the land and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards and lawns, and for such other purposes, specified by Board rules, for which de minimis amounts are used;
3.  "Regular permit" means a permit granted by the Oklahoma Water Resources Board authorizing the holder to appropriate water on a year-round basis in an amount and from a source approved by the Board;
4.  "Seasonal permit" means a permit granted by the Board authorizing the holder of such the permit to divert available water for specified time periods during the calendar year;
5.  "Temporary permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board which does not exceed a time period of three (3) months, which does not vest in the holder any permanent right and which may be canceled by the Board in accordance with its terms;
6.  "Term permit" means a permit granted by the Board authorizing the appropriation of water in an amount and from a source approved by the Board for a term of years which does not vest the holder with any permanent right and which expires upon expiration of the term of the permit; and
7.  "Provisional temporary permit" means a nonrenewable permit which may be summarily granted upon administrative approval by the Board and which authorizes an appropriation of water in an amount and from a source approved by the Board.  A provisional temporary permit shall not authorize an appropriation for a period of time exceeding ninety (90) days, shall not vest in the holder any permanent water right and shall be subject to cancellation by the Board at any time within its term in accordance with its provisions.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-6283	KB	01/14/11