OCR Text |
Show OKLAHOMA 613 After this period, the unused water reverts to the public and is regarded as unappropriated water. A water right may be canceled administratively, initiated by notice by registered mail to the claim- ant, stating that his water right is subject to review by the water resources board.67 This is followed by a hearing and a right to judi- cial review. The administrative cancellation procedure is not manda- tory, and a forfeited water right is in no way preserved or revived by the failure of the board to act. 3.5 Storage Waters, Artificial Lakes, and Ponds Before a person may begin the construction of a dam or other waterworks to use the waters to be collected or diverted, he must file an application for a permit with the water resources board.68 This requirement does not apply to dams or reservoirs storing not more than a 2-year supply of water for domestic purposes or to farm ponds or gully plugs constructed under the supervision of the soil and water conservation districts.69 In order to protect the public safety, the board may inspect storage facilities, and if unsafe conditions are found to exist, the Board may require the owner to put the structure in a safe condition.70 The owner of any works for the storage of waters which contain water in excess of his needs shall be required to sell at a reasonable rate and release such surplus to any parties entitled to use water for beneficial purposes.71 3.6 Springs An owner of lands upon which a spring originates may not inter- fere with or prevent the natural flow of the spring from reaching a watercourse, but he may use the spring water for domestic purposes. If the spring waters are not tributary to a natural watercourse, then the owner of the lands upon which the spring originates is, for prac- tical purposes, the owner of the waters. Of course, when spring waters form a part of a natural stream, they are subject to all of the pro- visions regulating the use of water from a watercourse.72 3.7 Diffused Surface Waters It has already been noted that section 60, title 60, of the Oklahoma statutes provides for ownership of diffused surface water by the land- owner. This act thus authorizes a landowner to use diffused surface waters without regard to downstream users and without securing an appropriation permit. With respect to the right of adjoining landowners to rid themselves of unwanted surface water, the Oklahoma court has adopted what it describes as a modified common enemy rule.73 Under this view, each proprietor can divert surface water provided he can do so without 87 Sec. 105.18. 68 Sees. 105.9 and 1085.20. 89 Sec. 105.2. 70 Sec. 105.27. 71 Sec. 105.21. 72 Sec. 60. ™Garrett v. Haworth, 183 Okla. 569, 86 P. 2d 822 (1938). |