Water Permitting
Do I need a water use permit from the OWRB?
If you intend to use water for any purpose other than domestic use, Oklahoma law requires that you obtain a permit from the OWRB. Domestic use includes the use of water 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 acres in area for the growing of gardens, orchards, and lawns. Domestic use also includes water used for agricultural purposes by natural individuals, use for fire protection, and use by non-household entities for drinking water, restrooms, and watering of lawns, provided such uses don't exceed five acre-feet per year.
Is a water use permit required to grow marijuana or hemp?
Yes. If you are self-supplying your own water from a groundwater well or surface water source to grow marijuana or hemp (i.e. not buying water from a municipality, rural water district, or other entity) a water use permit is required prior to using water.
Can a holder of an active water use permit that authorizes water to be used for irrigation/agriculture use their permit to grow marijuana?
If the water use permit holder is growing medical marijuana or industrial hemp, a copy of the license from Oklahoma Medical Marijuana Authority, Oklahoma Bureau of Narcotics and Dangerous Drugs, and/or Oklahoma Department of Agriculture, Food, and Forestry license must be submitted to the OWRB. The associated water use permit number must be clearly identified in some manner (such as through a cover letter).
How do I apply for a long-term water use permit?
To apply for a long-term permit to use water, you must submit a Long-Term Application for Groundwater Use or a Long-Term Application for Surface Water Use (found on our forms page) to our office. The applications must be notarized. Application forms may be submitted in person, by mail, e-mail, or fax. Please also submit the following with the completed application:
- For all applications the appropriate application filing fee, by check only, must be received by the Board before review of the application can commence. Filing fees are listed in the upper right hand corner of the application. If the filing fee is submitted separately from the application form, please ensure that enough identifying information is noted on the check to associate it with the application, including "Applicant Name(s)", "Stream Water" or "Groundwater", and possibly the legal description of property(s) listed on the application.
- An application for groundwater use must be submitted with documents showing an interest in the surface of the land dedicated, or ownership of the groundwater rights. These may be deeds, leases, or other legal documents, but may not be tax documents.
- An application for stream water use is not required to be submitted with land ownership documents, but please be aware that we may request them during the application process and that documents showing that the applicant has access to the diversion point must be received before water use can begin. If they are available, these documents shall be submitted with the application. These may be deeds, leases, or other legal documents, but may not be tax documents.
If you have any questions while completing the forms, please contact the Permitting Section at 405-530-8800.
How do I apply for a 90-Day Permit?
The forms for 90-Day Provisional Temporary applications to use groundwater and surface water can be found on our forms page. 90-day PTs may also be submitted online using the Oklahoma Water Resources Board's Online Provisional Temporary Permitting System. You must first create an account by clicking "Request Account" on the left sidebar.
All PTs must be submitted with either proof of ownership or written permission from the landowners to access the diversion points of stream water or to access wells and use groundwater.
If you have any questions while completing the forms, please contact the Permitting Section at 405-530-8800.
How much are the fees?
Fees vary by type of permit and amount of water requested. Each application lists the applicable filing fees. Long-term applications and some groundwater permit amendments use a sliding scale based upon the amount of water being requested to determine the correct fee. The fee for 90-Day Provisional Temporary permits is $200, or $250 for expedited processing.
Do I have to report my water use?
Holders of valid long term groundwater and stream water use permits including prior rights and vested rights as well as holders of regular, temporary, term, and seasonal permits are required to report water use on an annual basis. Report forms are mailed during January of each year and must be completed and returned to the OWRB with the annual file maintenance fee by the deadline noted on the provided form. Holders of special permits must report water use within thirty (30) days after the expiration of the permit. Holders of 90-day provisional temporary permits are not required to complete and return water use reports.
Domestic use is not required to be reported.
Why did I receive a water use report for land I no longer own?
We will continue to send the water use report to the most recent contact person associated with the water use permit until we are notified of an ownership change. You will find a sheet included with the water use report where you can note changes in ownership or contact information. Please provide us the new owner's contact information if you know it and we will reach out to them about transferring the permit. If you do not know it, still note that you are no longer the owner and send it to the OWRB.
Am I required to locate my water well some minimum distance from my property boundaries?
Well spacing restrictions are 660 feet in alluvium & terrace and 1,320 feet in bedrock groundwater basins. These are well-to-well distances. Not all groundwater basins have spacing requirements and additional restrictions apply within sole source groundwater basins. Please contact OWRB water use permitting staff for more information.
This material is based upon work supported by the U.S. Geological Survey under Cooperative Agreement No. G17AC00010. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Geological Survey. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Geological Survey.
Dam Safety
Who is considered a dam owner?
A dam owner is defined as any person or persons who own, control, maintains, manage, or propose to construct a dam or reservoir, and includes those shown by records of the county registrar of deeds to have some interest, fee, easement, or otherwise, in the land on which the dam and lake lie. This may also include those who may derive a direct pecuniary benefit from the existence of the lake. Dam owners can be private citizens or companies, non-profit organizations, state or local governments, or federal agencies.
What dams are regulated by the OWRB?
The OWRB regulates all Oklahoma dams (together with appurtenant works) that are jurisdictionally sized and non-Federally owned. The OWRB is responsible for enforcing dam safety regulations and aiding the public in understanding these regulations.
What qualifies a dam as jurisdictional?
As shown in the chart, dams that are considered jurisdictional are those that are or will be 25 feet or more in height, have or will have an impounding capacity of 50 acre-feet, or are determined to have a high hazard potential classification regardless of size.
Which criteria are used to classify dams?
All dams are classified based on size and hazard potential.
What determines the hazard potential of dams? What does it mean for a dam to be high hazard potential?
The hazard potential classification of a dam is determined by the downstream risk in the event of a failure without regard to the physical condition of the dam.
Dams assigned a high hazard potential classification are those where failure will probably cause loss of human life, regardless of the supposed likelihood of failure.
Do I need to apply and receive written authorization for the construction, enlargement, repair, or alteration of my dam?
Any person who desires to construct, enlarge, alter, remove, or repair any dam under OWRB jurisdiction must submit an application to the OWRB. No construction can be started until the application is approved by the OWRB. Repairs that are considered routine normal maintenance do not require an application. Please contact the OWRB Dam Safety Program to determine if your dam repairs require a permit.
The OWRB dam safety application review process takes 60 days on average if all required documentation is submitted.
Do I need an application with the OWRB to dam up a creek or stream on my property?
Besides dam safety permits, depending on the location of your dam, you might need to acquire other permits including U.S. Army Corps of Engineers (404) permits, Floodplain Construction permits, and Oklahoma Department of Environmental Quality (OKR10) permits.
The OWRB recommends contacting the dam safety program prior to constructing or altering any dam.
What qualifies a dam as agriculture-exempt?
An agriculture-exempt dam is a low hazard potential dam that is less than 25 feet in height, has a normal storage capacity of less than 100 acre-feet of water that will be used primarily for agriculture purposes as defined in 785:20-1-2, and was or will be designed or constructed with the assistance of a local conservation district or federal agriculture related agency.
If you are interested in constructing an agriculture-exempt dam, contact your local service center.
How often should my dam be inspected? Who can inspect my dam?
The frequency of required dam inspections is determined by the hazard classification.
- High hazard potential dams must be inspected at least once annually.
- Significant hazard potential dams must be inspected at least once every three years.
- Low hazard potential dams must be inspected at least once every five years.
Periodic inspections of high and significant hazard potential dams must be conducted by a Registered Professional Engineer hired by the owner, who is licensed in the state of Oklahoma, and has training and/or experience concerning the analysis, design, and/or construction of dams and reservoirs, or by an engineer of any United States governmental agency acting in his official capacity. Inspections of low hazard classification dams may be conducted by persons who are not Registered Professional Engineers but who are trained in inspecting dams. The OWRB also offers free inspections for low hazard potential dams on a limited basis.
Why is it recommended that trees and other woody vegetation not be allowed to grow on dams?
The uncontrolled growth of vegetation and trees on dams can damage embankments and concrete structures, make close inspections difficult, and obscure seepage problems. The extensive root systems of trees can provide seepage paths for water through embankments, and trees that fall over can leave large holes in the embankment surface. Brush provides a haven for burrowing animals, and limits the growth of good grass for erosion protection. Trees and brush growing adjacent to concrete walls and structures may eventually cause damage to the concrete and should be removed. Extensive vegetation growth also limits visual inspections of dam structures, which can lead to the progression of unseen seepage and other damage. For these reasons, trees and excessive vegetation growth should be kept off of all dam surfaces.
What is an Emergency Action Plan (EAP)?
An Emergency Action Plan (EAP) is a formal document that identifies potential emergency conditions at a dam and specifies preplanned actions to be followed to minimize property damage and loss of life in the event of a dam failure. The EAP specifies actions the dam owner should take to moderate or alleviate the problems at the dam. It contains procedures and information to assist the dam owner in issuing an early warning and notification to appropriate emergency management authorities of the emergency situation. It also contains inundation maps to show emergency management authorities critical areas for action in case of an emergency.
Are EAPs required?
Owners of existing or proposed dams classified as high hazard-potential, regardless of the size of such dams, and any other dam as determined by the Board, shall create, and maintain an EAP that utilizes the recommendations, as determined by the Board, of the "Federal Guidelines for Dam Safety, Emergency Action Planning for Dams," published July 2013 by the Federal Emergency Management Agency. The owner shall submit a copy of the EAP to the Board.
Financing
When submitting an application for financial assistance to the OWRB, what engineering information should be included?
An engineering report must be submitted with all OWRB financial applications. The report should follow the format adopted by the Funding Agency Coordinating Team (FACT).
Am I required to hire an engineer to prepare a preliminary engineering report?
Projects that require a "Permit to Construct" from the Oklahoma Department of Environmental Quality (DEQ) are required to have a registered professional engineer prepare an engineering report and/or technical memo, as well as the plans and specifications.
Projects that do not require a DEQ "Permit to Construct" are reviewed on a case-by-case basis.
Which financial applications require submittal of an Environmental Information Document (EID)?
I would like to obtain a loan from the OWRB. How do I get started?
The first step is to submit a request to be placed on the CWSRF or DWSRF Project Priority List. CWSRF loan requests may be submitted here, and questions about CWSRF loans may be sent to FAD@owrb.ok.gov. DWSRF loan requests and questions may be submitted to the Oklahoma Department of Environmental Quality at (405) 702-8100. The Financial Assistance Program (FAP) loan application is available here.
Is there a penalty for prepayment of OWRB loan principal?
No. There is no penalty for pre-payment of any loan issued by the OWRB. However, loans from OWRB Revenue Bonds may require that prepayments be received during a specified time period or window of opportunity. Please contact an OWRB financial analyst for details.
What are the interest rates for OWRB loans?
The variable interest rate for a Bond loan changes quarterly. The fixed interest rate for bond loans is set at the time of closing and is based on market conditions at that time. For more information, see current rates.
Are previously incurred engineering expenses eligible for reimbursement from OWRB loan funds?
Yes. Costs directly associated with any engineering study or report related to the proposed project can be reimbursed. For tax purposes, Revenue Bond loans require that a Reimbursement Resolution be provided to the OWRB before any costs are incurred.
Am I required to hire a financial advisor?
No. A financial advisor is not required for any OWRB loan. However, many communities hire a financial advisor to help them complete the loan application and identify the source(s) of repayment. Financial advisor fees may be included in the loan.
Am I required to hire an attorney?
Yes. Both a local attorney and a bond attorney are required to close all OWRB loans. Attorney fees may be included in the loan.
Is a trustee bank required?
All Revenue Bond loans require a trustee bank; loan funds are transferred to the trustee bank at loan closing and payment requests are made from the trustee bank account. DWSRF and CWSRF loans require a trustee bank after construction is complete; during construction, loan funds are transferred to the borrower as costs are incurred.
When are loan payments due?
Loan payments for bond loans begin the month following loan closing and are due to the trustee bank on the 15th of each month until the loan matures. Loan principal payments for DWSRF and CWSRF loans generally begin within six months of construction completion and are due to the OWRB semi-annually until the loan matures. Interest and administrative fees are billed every six months after the loan is closed and eligible loan costs have been paid.
What type of "emergency" would qualify for an OWRB Emergency Grant?
An emergency is defined in Chapter 50 of the OWRB Rules and Regulations as any situation where the life, health, or property of persons being served by an entity are endangered. OWRB rules include three categories (see 785:50-7) of emergency that must all be beyond control of the applicant. Examples of emergencies include water well contamination, damage from mudslides, flood-damaged lines, and tornado damage. Failures due to poor maintenance are not considered emergencies.
What should a complete grant application include?
All grant applications must be signed and attested and include the attorney's signature. The application must also include the Resolution authorizing application to the OWRB, incorporation documents for the entity, a copy of the ordinance/resolution adopting the current water and/or sewer rates (if necessary), a copy of the water purchase contract, the most recent audit and a preliminary engineering report with an estimated cost of the project.
We have been awarded a REAP and/or Emergency Grant. When will we get the money?
After the OWRB approves the grant, certain documentation is required prior to the release of funds, including the executed Grant Agreement, verification that a separate account for the funds has been opened, executed contract documents, Notice to Proceed, and copy of the DEQ Permit to Construct (when required). Upon receipt of all necessary documentation, OWRB staff request a check from the Office of State Finance. The check is usually issued between 7 and 10 days after the request is received. Once the check arrives at the OWRB, staff contact the entity regarding delivery.
When are REAP applications due?
REAP applications must be received by the OWRB by 5:00 p.m. on the first business day of September to be considered for potential funding from the following Fiscal Year appropriations.
Floodplain Management
What flood zone is my property in?
Flood insurance rate maps (FIRMs), published by the Federal Emergency Management Agency, indicate a community's flood hazard areas and degree of risk in those areas. Communities that participate in the National Flood Insurance Program (NFIP) usually have FIRMs on file in a local repository, such as the local planning, zoning, or engineering office; town hall; or county government headquarters. The OWRB has a floodplain viewer you may use to get a general idea of an area, but the local floodplain administrator for your community will help you with the final determination.
Additionally, portions of the FIRMs can be printed through the FEMA Map Service Center. Due to liability concerns, OWRB employees are prohibited from making FIRM flood hazard determinations unless the determination is for state-owned or -operated property.
Do I need a permit if I want to build something in a floodplain?
You may need a floodplain development permit from the local jurisdiction in which you live, such as a city, town, or county. Prior to any construction or development on your property, you should contact your local floodplain administrator (FPA). A list of local FPAs can be found here. The OWRB only regulates development in floodplains of state-owned or state-operated property.
What happens if there's another storm and I don't have flood insurance?
If you are required to have flood insurance and don't purchase it, then you will not be eligible for federal disaster relief for damage to your building or contents in the case of a future storm. You may still be eligible for help for other purposes, like temporary housing.
What is a Preferred Risk Policy?
A Preferred Risk Policy is an inexpensive policy for properties in moderate- and low-risk flood zones (Zone X or not in a flood zone) with limited claims history. A full policy costs under $500 per year. If you opt for less coverage, the premium is cheaper.
My lender requires I carry flood insurance, but I think the flood map may be wrong. What can I do?
Contact your local FPA and ask them about a Letter of Map Change (LOMC). If you can provide data showing your property should not be included on a FIRM, lenders will often remove the insurance requirement or you may qualify for a cheaper rate. Of course it is up to the lender to decide if they require insurance on a property regardless of its location.
My property is in a regulatory floodplain, but my community does not participate in the National Flood Insurance Program. Can I purchase flood insurance?
Currently, an NFIP policy is only available in participating communities. Flood insurance may be available through private insurers and underwriters. The rates and premiums are set by those companies and the underwriters, rated on the degree of risk involved. The OWRB does not have any jurisdiction over these providers and cannot recommend any providers.
My property is not in a regulatory floodplain. Can I/Should I still get flood insurance?
You may purchase flood insurance from any licensed insurance agent, regardless of where you live in an NFIP member community. In fact it may be advisable, considering that FEMA data shows almost 30% of flood insurance claims occur outside of the regulatory floodplain/Special Flood Hazard Area. For information on policies or rates, please visit http://www.floodsmart.gov or consult a licensed insurance agent.
Wells & Licensing
How do I find out if there is sufficient groundwater available in an area where I am considering purchasing land?
While OWRB staff are unable to predict with absolute certainty whether or not groundwater is available in a specific area, agency hydrologists can utilize available aquifer and water well yield data to assist citizens in identifying the locations most likely to produce sufficient well yields. The OWRB's Groundwater Wells, Standards & Protections in Oklahoma map viewer contains links to reported well logs that are often helpful in determining if an area has successful wells and how much they yield.
Where can I get depth-to-water information on the state's aquifers?
How can I find information about water wells located on or near my property?
I need to have a water well drilled. How can I find a reputable well driller in my area?
Am I required to locate my water well some minimum distance from my property boundaries?
Well spacing restrictions are 660 feet in alluvium & terrace and 1,320 feet in bedrock groundwater basins. These are well-to-well distances. Not all groundwater basins have spacing requirements and additional restrictions apply within sole source groundwater basins. Please contact OWRB water use permitting staff for more information.
Rural Water
How do I find out if there is a rural water system in my area?
The OWRB's Public Water Supply Systems in Oklahoma map viewer gives a general overview of public water supply systems and their facilities studied as part of the 2012 Update of the Oklahoma Comprehensive Water Plan (OCWP). The data presented includes 775 of the state's larger supply providers, including boundaries and other pertinent information. The Oklahoma Rural Water Association, an organization that represents the interests of the state's rural water systems, may also have information about systems in your area.
Does the OWRB handle complaints about water rates and/or operation of rural water districts?
While the OWRB works periodically with many of the state's rural water districts and related entities, the agency has no jurisdiction over their operation and management. If the problem cannot be resolved locally with the district board or other rule-making body, the Oklahoma Rural Water Association may be able to assist in mediating conflicts.
Water Quality
Where can I get my water tested?
What is the quality of my local lake, stream, or aquifer?
Which lakes are safe for my children to swim in?
Swimming and other recreational activities are safe in most Oklahoma waterbodies; however, large quantities of untreated water in any state should not be ingested. Avoid swimming in waterbodies listed by the ODEQ as impaired for bacteria.
With regard to blue-green algae, avoid those waters that have a green sheen or paint-like scum on their surface. For the most current lake specific information regarding blue-green algae in Oklahoma visit the Department of Tourism's Check My Lake page.
Are the fish I catch in Oklahoma waters safe to eat?
Fish consumption is perfectly fine for most waterbodies in the state of Oklahoma; however, impairments for metals and other toxics do exist in some lakes and streams and should be avoided. For the latest consumption advisories visit the ODEQ's Hook, Line, & Supper page.
What should I do if my pond or lake has suffered a fish kill?
What should I do if I have a complaint about the odor, taste, or appearance of drinking water and/or water pollution?
I don't like the seaweed growing in my pond and want to get rid of it. Do I need a license to apply a herbicide?
Not if it is your pond. However, sometimes it is better to hire a professional. If you choose to treat the pond yourself, be sure to read and follow all warnings and directions. Be aware that quickly killing all the algae and/or plants in your pond may also deprive your fish of oxygen and lead to fish kills.
What should I do if I have problems or questions about soil erosion and/or sediment in my lake or pond?