1. A. The Oklahoma Water Resources Board shall not permit any groundwater user to commit waste by:

   1. 1. Drilling a well, taking, or using groundwater without a permit, except for domestic use as defined in this title;
   2. 2. Taking more groundwater than is authorized by the permit;
   3. 3. Taking or using groundwater in any manner so that the water is lost for beneficial use;
   4. 4. Transporting groundwater from a well to the place of use in such a manner that there is an excessive loss in transit;
   5. 5. Using groundwater in such an inefficient manner that excessive losses occur;
   6. 6. Allowing any groundwater to reach a pervious stratum and be lost into cavernous or otherwise pervious materials encountered in a well;
   7. 7. Permitting or causing the pollution of a fresh water strata or basin through any act which will permit fresh groundwater polluted by minerals or other waste to filter or otherwise intrude into such a basin or subbasin. The Board shall be precluded from determining whether waste by pollution will occur pursuant to the provisions of this paragraph if the activity for which the applicant or water user intends to or has used the water as specified under Section 1020.9 of this title is required to comply with rules and requirements of or is within the jurisdictional areas of environmental responsibility of the Department of Environmental Quality or the Oklahoma Department of Agriculture, Food, and Forestry;
   8. 8. Drilling wells and producing groundwater therefrom except in accordance with the well spacing previously determined by the Board;
   9. 9. Using groundwater for air conditioning or cooling purposes without providing facilities to aerate and reuse such water;
   10. 10. Failing to properly plug abandoned water wells in accordance with rules of the Board and file reports thereof; or
   11. 11. Using groundwater for cooling purposes at a data processing facility or data center through open-air evaporative cooling systems or any other cooling technology that consumes groundwater through evaporation or discharge without recirculation. Groundwater permits for such facilities shall only be issued if the applicant demonstrates that the cooling system utilizes closed-loop, dielectric immersion, or other comparably low-consumptive cooling technologies that substantially recirculate groundwater and minimize consumptive loss as determined by the Board.
2. B. Complaints by any individual in violation of the provisions of subsection A of this section shall be made to the Board and to the local groundwater irrigation district, if such district is established pursuant to the Groundwater Irrigation District Act. Investigation of such complaints shall be made by the Board, in conjunction with such other agencies, boards, or the district, with which the Board may contract. Except as otherwise provided by paragraph 7 of subsection A of this section, upon review of reporting, audits of usage, an investigation of a complaint filed by any person, or the Board's own independent determination, the Board shall take action to cease commission of such waste and impose fines and penalties on such user as provided in Section 1020.22 of this title. Such steps shall include, but shall not be limited to, obtaining the issuance of a cease and desist order by the Executive Director of the Oklahoma Water Resources Board, imposing progressive fines and penalties related to the severity and frequency of waste, requiring more frequent reporting of usage, instituting action in a court of competent jurisdiction to enjoin the waste, suspending the permit or other administrative remedies by the Board, and filing a complaint in the district court of the county wherein such violation has occurred, and it shall be the duty of the district attorney of such county to prosecute such complaint.
3. C. In cases of waste by pollution pursuant to paragraph 7 of subsection A of this section, any complaint or investigation, or any enforcement matter other than an individual proceeding involving the suspension of an Oklahoma Water Resources Board permit, shall be referred to and subject to the jurisdiction of the Department of Environmental Quality or other appropriate state environmental agency or state agency with limited environmental responsibility.

Laws 1972, HB 1508, c. 248, § 15, eff. July 1, 1973; Amended by Laws 1993, HB 1002, c. 145, § 322, emerg. eff. July 1, 1993; Amended by Laws 2001, HB 1480, c. 330, § 2, emerg. eff. June 1, 2001 (superseded document available); Amended by Laws 2006, SB 1574, c. 184, § 1, emerg. eff. May 23, 2006 (superseded document available); Amended by Laws 2019, SB 998, c. 508, § 1, eff. November 1, 2019 (superseded document available); Amended by Laws 2026, SB 259, c. 423, § 2, eff. November 1, 2026 (superseded document available).