A. The storage and recovery of water from an aquifer, pursuant to a site-specific aquifer storage and recovery plan approved by the Oklahoma Water Resources Board, shall be considered a beneficial use and not waste. Except as provided in this section and Section 1020.15 of Title 82 of the Oklahoma Statutes, the provisions of this act shall not apply to the taking and use of water stored in an aquifer pursuant to such a plan.
B. The Oklahoma Water Resources Board shall promulgate and implement rules for the taking and use of water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan, including the issuance of permits for the taking and use of such water and for the approval of such site-specific aquifer storage and recovery plans. Rules related to the approval of site-specific aquifer storage and recovery plans shall mandate, in addition to requirements necessary to demonstrate that the requested amount of stored water is available for recovery, the spacing of wells necessary to ensure that the storage and recovery of water permitted under this section shall not interfere with any domestic or permitted groundwater use in the basin.
C. A permit to take and use water stored in an aquifer pursuant to a site-specific aquifer storage and recovery plan shall only be granted if substantive evidence accompanying the application demonstrates:
1. The Oklahoma Water Resources Board has approved the site-specific aquifer storage and recovery plan;
2. The applicant has legal access to the water stored in the aquifer pursuant to the plan;
3. The applicant or its successor in interest stored or caused to be stored said water pursuant to and in compliance with any required authorization issued by the Oklahoma Department of Environmental Quality that is intended to protect water quality; and
4. The stored water is available for use in the applied for amount during the period covered by, and in the manner described in, the proposed permit.
D. Any permitted use of water stored in an aquifer under this section is in addition to any domestic use authorized under Section 1020.3 of Title 82 of the Oklahoma Statutes or any other use authorized pursuant to a permit issued under Section 1020.11 of Title 82 of the Oklahoma Statutes.
E. Any permit issued under this section shall specify the location of the permitted well or wells and other terms and conditions as specified by the Board including, but not limited to, the rate of withdrawal, the level of perforating and the level of sealing the well.
Added by Laws 2016, c. 145, § 1.
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