Section 105.20 - ViolationsA. The unauthorized use of water, the unauthorized transfer of a water right, the continued use of works which are unsafe after receiving notice to repair, the waste of water, the unauthorized severance of a water right from the land to which it is appurtenant, the refusal to change unsafe works when directed to do so, the injury or obstruction of waterworks, or the violation of a permit condition shall be a misdemeanor and each day such violation continues shall be a separate violation. In addition to filing criminal complaints and any other remedies provided herein, the Oklahoma Water Resources Board shall have the right to bring an action in the district court of the county wherein such act or omission occurs to enjoin the same.B. The unauthorized use of water, the unauthorized transfer of a water right, the continued use of works which are unsafe after receiving notice to repair, the waste of water, the unauthorized severance of a water right from the land to which it is appurtenant, the refusal to change unsafe works when directed to do so, the injury or obstruction of waterworks, or the violation of a permit condition are considered violations of Sections 105.1 through 105.32 of this title and shall be subject to administrative penalties issued by the Board of up to Five Thousand Dollars ($5,000.00) per day of violation. Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties.C. The Board and its authorized agents shall have a reasonable right to go upon private property in the performance of their duties hereunder and shall have the duty to file complaints of violations of the penal provisions of this section.D. Notwithstanding any other provision of law, the Executive Director of the Oklahoma Water Resources Board may issue administrative orders requiring the immediate cessation of water use when Board staff has a reasonable belief the use is unauthorized or continued use will damage rights of prior appropriators. Such administrative orders shall indicate the finding of imminent peril and shall specify the actions that are to be taken immediately. In addition, the orders shall specify a time and place for a hearing to be held after such actions are taken.Okla. Stat. tit. 82, § 105.20
Amended by Laws 2024, c. 367,s. 4, eff. 5/31/2024.Amended by Laws 2022 , c. 218, s. 1, eff. 11/1/2022.Laws 1972, SB 388, c. 256, § 20.