Okla. Admin. Code § 165:10-5-14 – Exempt aquifers

(a) Upon application after notice and hearing, the Commission may issue an order designating an underground source of drinking water (USDW) as an exempted aquifer if the USDW:
1. (1) Does not currently serve as a source of drinking water.
2. (2) Cannot now and has no reasonable future prospect of serving as a source of drinking water because:
  1. (A) It is mineral, hydrocarbon or geothermal energy producing source; or
  2. (B) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
  3. (C) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption.
(b) For purposes of 165:10-3-4 and 165:10-5-2 through 165:10-5-13, an exempted aquifer shall not be considered as productive of treatable water.
(c) Each application under subsection (a) of this Section shall comply with 165:5-7-28.
(d) Each order designating a USDW as an exempted aquifer shall be subject to approval by the U.S. Environmental Protection Agency.