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The Water Cooler
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Oklahoma Water Access - Question
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<blockquote data-quote="swampratt" data-source="post: 3801097" data-attributes="member: 15054"><p>You are trespassing if you go over his property line unless it is a stream as stated above.</p><p>Read here.</p><p></p><p></p><p>Ownership of water</p><p>As long ago as 1890, Oklahoma Territorial statutes on property ownership, rights and obligations stated</p><p>that:</p><p>“The owner of the land owns water standing thereon, or flowing under or over its surface, but</p><p>not forming a definite stream. Water running in a definite stream, formed by nature over or under</p><p>the surface, may be used by him as long as it remains there; but he may not prevent the natural</p><p>flow of the stream, or of the natural spring from which it commences its definite course, nor</p><p>pursue or pollute the same.”</p><p>This law was carried over verbatim into State of Oklahoma statutes where it remains on the books today</p><p>in Title 60, Section 60 of the Oklahoma Statutes. In 1963, language was added to clarify that water</p><p>running in a definite stream is “public water subject to appropriation for the benefit and welfare of the</p><p>people of this state . . . .”</p><p></p><p></p><p>[URL unfurl="true"]https://www.owrb.ok.gov/supply/ocwp/pdf_ocwp/WaterPlanUpdate/joint_committee/WATER%20LAW_MANAGEMENT%20IN%20OKLAHOMA.pdf[/URL]</p></blockquote><p></p>
[QUOTE="swampratt, post: 3801097, member: 15054"] You are trespassing if you go over his property line unless it is a stream as stated above. Read here. Ownership of water As long ago as 1890, Oklahoma Territorial statutes on property ownership, rights and obligations stated that: “The owner of the land owns water standing thereon, or flowing under or over its surface, but not forming a definite stream. Water running in a definite stream, formed by nature over or under the surface, may be used by him as long as it remains there; but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue or pollute the same.” This law was carried over verbatim into State of Oklahoma statutes where it remains on the books today in Title 60, Section 60 of the Oklahoma Statutes. In 1963, language was added to clarify that water running in a definite stream is “public water subject to appropriation for the benefit and welfare of the people of this state . . . .” [URL unfurl="true"]https://www.owrb.ok.gov/supply/ocwp/pdf_ocwp/WaterPlanUpdate/joint_committee/WATER%20LAW_MANAGEMENT%20IN%20OKLAHOMA.pdf[/URL] [/QUOTE]
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