Notice of application - Protest - Hearing

A. Except as otherwise provided by Section 105.13 of this title

for limited quantity stream water permits, upon the acceptance of an

application which complies with the provisions of Chapter 1 of this

title, and the rules promulgated by the Oklahoma Water Resources

Board pursuant thereto, the Board shall instruct the applicant to

publish, within the time required by the Board, a notice thereof, at

Oklahoma Statutes - Title 82. Waters and Water Rights Page 22

the applicant's expense, in a form prescribed by the Board in a

newspaper of general circulation in the county of the point of

diversion, and in a newspaper of general circulation published

within the adjacent downstream county and any other counties

designated by the Board once a week for two (2) consecutive weeks.

Such notice shall give all the essential facts as to the proposed

appropriation, among them being the places of appropriation and of

use, amount of water, the purpose for which it is to be used, name

and address of applicant, the hearing date, time and place if a

hearing is scheduled by the Board before instructions to publish

notice are given, and a thirty-day protest period as well as the

manner in which a protest to the application may be made. At the

time the Board provides the notice of application to the applicant,

the Board shall publish on its website the applications and

instructions for public notice, including the draft public notice

prepared by the Board. The website publishing is in addition to,

and not in lieu of, the requirement for applicants to publish notice

in the newspaper. The time to protest shall run from the date of

the first newspaper publication.

B. In case of failure to give such notice in accordance with

the rules and regulations applicable thereto within the time

required, or if such notice is defective, the priority of

application shall be lost; however, if proper notice is given within

thirty (30) days after the Board has notified the applicant of his

or her failure to give effective and proper notice, the application

shall thereafter carry the original date of filing, and shall

supersede any subsequent application to the same source of water

supply. Any interested party shall have the right to protest said

application and present evidence and testimony in support of such

protest.

C. If the Board does not schedule a hearing on the application

before instructing the applicant to publish notice, a hearing shall

be scheduled by the Board upon receipt of a protest which meets the

requirements of the Board's rules, the Board shall notify the

applicant and protestant of such hearing.