Oklahoma Groundwater Lease
Description
How to fill out Groundwater Lease?
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FAQ
Groundwater (i.e., water flowing under the surface but not forming a definite stream) is owned by the owner of the land. Stream water (i.e., water flowing in a definite stream) is public water subject to appropriation. The state property law is silent about ownership of rain or hail while it is in the atmosphere.
As the following section details, the law of each state defines who has the right to use groundwater. In Prior Appropriation states, the holder of the water right owns this right. In other states, the right generally goes with ownership of land, but can be severed and conveyed separately.
Groundwater rights are still determined by the archaic Indian Easement Act, 1882. These rights tied to land ownership rights exclude a large part of the society that has no land rights and gives landowners the liberty to withdraw limitless water.
Oklahoma ground water law, passed in 1972, allows landowners or lessees to obtain a permit from the OWRB to use ground water based on the number of acres of the applicant's land that overlies a ground water basin. Whose Water Is It Anyway? Comparing the Water Rights ... Oklahoma State University Extension ? fact-sheets ? whose-wa... Oklahoma State University Extension ? fact-sheets ? whose-wa...
Oklahoma law recognizes the water rights of property owners and does not allow cities or other governmental entities to forbid the drilling of private wells.
