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Show OKLAHOMA 605 Once an application to appropriate is filed with the board, notice of the application is given by publication in a newspaper having general circulation in the locality of the proposed appropriation. This notice advises interested users of the time and place the appli- cation will be considered by the board.13 The board shall approve an application only if it finds that (1) there is unappropriated water available, (2) the applicant has a present or future need for the water, and (3) the proposed use will not interfere with existing rights.14 The board may approve applications for trans-basin diversions but, in doing so, it must reserve sufficient water to supply adequately the beneficial needs of all users within the originating basin.15 In addition to regular aplications, the board may issue seasonal or tem- porary permits if it finds such applications would not interfere with existing rights.16 The action of the board concerning an application is subject to an appeal to the court.17 Once an application is approved, the Board fixes a time within which the applicant must construct his works and place the water to beneficial use.18 The time given can be extended by the Board for good cause shown.19 If the applicant fails to complete his project within the time allowed, the water reverts to the public and is regarded as unappropriated public water.20 However, if the project is completed within the time allowed by the board, the applicant submits a notice of completion to the board, and a certificate of completion is then issued to the applicant if the board finds that the works are properly constructed and the water has been placed to beneficial use.21 A few miscellaneous items should be noted. The board may require that any unsafe conditions in storage, diversion, or carriage facili- ties be corrected.22 In order to assist in the construction of projects, individuals have been granted the right of eminent domain for the construction of facilities to convey and store water for beneficial use.23 Oklahoma has enacted a Scenic Rivers Act to preserve, for the future benefit of the people of the State, certain streams which possess unique natural beauty. The purposes of preservation also include water conservation, fish, wildlife, and outdoor recreational values. The streams designated are preserved in their free-flowing condition.24 2.2 Resolution of Water Use Conflicts Any person having the right to use water from a stream system and whose right is impaired by the action of another may bring suit in the district court for resolution of the conflict.25 However, the attorney general is directed to intervene in behalf of the State in any is Sec. 105.11. "Sees. 105.12, 105.14. «Sec. 105.12. "Sec. 105.13. "Sec. 105.14. "Sec. 105.15. "Sees. 105.15 and 105.16. «o Sees. 105.17 and 105.18. » Sees. 105.25 and 105.26. MSec. 105.27. ss Sec. 105.3. MSecs. 1451 to 1459. «Sec. 105.5. |
