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Show 616 OKLAHOMA appropriators. These provisions do not, however, apply to the use or disposal of salt water associated with oil and gas operations.85 The statutes preserve appropriations prior to the effective date of the act, subject to loss through failure to put the water to a bene- ficial use within 5 years after the effective date of the 1961 amend- ment.86 For ground water applications filed after the effective date of the act, the priority relates back to the filing of the application with the Water Resources Board, provided that construction of the diversion works is begun within 2 years after filing and after 3, 4, and 5 years the water is put to a beneficial use to the extent of 25 percent, 75 percent, and 100 percent, respectively. Under certain circumstances (engineering difficulties and national emergency), these time period may be extended. Applications for lesser amounts than applied for may be granted.87 In addition to applications for ground water licenses or permits, the act provides for suits to adjudicate existing water rights (brought either by the attorney general or by private parties) after the com- pletion of a survey of the ground water basin. Excess or unadjudi- cated water may be appropriated only after securing a permit from the Board.88 The Ground Water Act also contains provisions relating to de- pletion of the basin supply. These involve such matters as the desig- nation of critical ground water areas, the cessation of withdrawal (in reverse order of priority) which exceeds the annual recharge of the aquifer, and well spacing. The act does not specifically authorize the water resources board to deny or limit applications for ground water prior to an adjudication that there is no water available for appropriation, and the assumption seems to be that water is avail- able for appropriation until withdrawals exceed annual recharge.89 Professor Rarick points out that the practice of the board has always been to limit an applicant to "2 acre feet of water per year per acre of land overlying the basin which he owned or leased."90 He adds: "The point is * * * that the board never administered the act as what it was intended to be-a prior appropriation act. In practice the board roughly prorated the water among the applicants according to their acreage overlying the basin." 91 The act as admin- itered has thus been an apportionment rather than a prior appro- priation law. d. FUTURE STATUTE The title of this subsection is not altogether satisfactory, since it sounds as if an effort is to be made to prophesy what new legis- lation might be enacted. But, as explained above, the future statute has already been enacted-it is not now law, but it will be on July 1, 1973, and at that time the present law will be repealed. Under the terms of the new act, the water resources board is di- rected to determine the maximum yield for each ground water basin 88 Sec. 1002. sa Sec. 1005. "Id. 88 Sees. 1008 to 1011. 88 Sec. 1007. 90 Rarick IV at 421. »ild. |