1. (a) This Subchapter establishes rules for the taking, using and disposal of water trapped in producing mines that overlie a Sensitive Basin and that are not otherwise exempt from this Subchapter as provided in 82 O.S. 1020.2 and this Subchapter. Among other things, this Subchapter provides a framework to protect groundwater in a Sensitive Basin by gathering data from mines through monitoring and periodic reporting of groundwater disposition, and if the data shows a mine with a preexisting exemption is dewatering such a basin more than its share, then the mine loses its exemption unless it can demonstrate that such dewatering satisfies certain criteria.
2. (b) This Subchapter shall not apply to the taking, using, or disposal of salt water associated with the exploration, production or recovery of oil and gas. [82 O.S. § 1020.2(B)] This Subchapter shall not apply to the taking, using, or disposal of water trapped in producing mines outside of a [82 O.S. § 1020.2(B)] Sensitive Basin.

3. (c) This Subchapter shall not apply to the taking, using or disposal of water trapped in [82 O.S. 1020.2(C)] a producing mine:

   1. (1) that overlies a Sensitive Basin; and

   2. (2) that satisfies one or more of the following tests:

      1. (A) a permit that authorizes mining operations or activities for the mine was issued by the ODOM on or before August 1, 2011;
      2. (B) the mine operator filed an initial application for a permit for the mine with the ODOM on or before August 1, 2011; or
      3. (C) a revision to the permit for the mine is approved by the ODOM; and
   3. (3) for which the operator maintains the exemption as provided in 785:30-15-4.

Added at 30 Ok Reg 884, eff 6-13-13