Opinion No. 48-0421

Oklahoma Attorney General Reports

Opinion No. 48-0421

DecidedApril 21, 1948

StatusPublished

This text of Opinion No. 48-0421 (Opinion No. 48-0421) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 48-0421, (Okla. Super. Ct. 1948).

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Opinion

OPINION — AG — ** APPROPRIATE WATERS — WATERS AND STREAMS ** AN APPLICANT INTENDS TO APPROPRIATE THE WATERS OF DELAWARE CREEK IN OSAGE COUNTY. THE APPLICANT DOES 'NOT' PROPOSE TO DEVELOP WATER POWER AND THAT, ALTHOUGH A HYDROGRAPHIC SURVEY OF SAID STREAM HAS BEEN COMPLETED, AS PROVIDED FOR IN 82 O.S. 11 [82-11], THERE HAS BEEN NO COURT TO ADJUDICATE ALL RIGHTS TO USE OF SAID WATER OF SAID STREAM AS PROVIDED FOR IN 82 O.S. 12 [82-12] — 82 O.S. 14 [82-14] . . . WHAT RIGHT, IF ANY, DOES SAID APPLICANT GAIN BY THE OKLAHOMA PLANNING RESOURCES BOARD APPROVAL OF THIS APPLICATION ? . . . MAY THE BOARD REQUIRE A DETAILED FINANCIAL STATEMENT FROM SUCH APPLICANT ? . . . SINCE THERE HAS BEEN NO COURT ADJUDICATION OF THE RIGHTS TO USE THE WATER OF SAID STREAM AS PROVIDED IN 82 O.S. 12 [82-12] TO 82 O.S. 14 [82-14], YOUR BOARD HAS 'NO' AUTHORITY AT THIS TIME (1948) TO APPROVE SAID APPLICATION. (IRRIGABLE LANDS, SURVEY, DEVELOPMENT) CITE: 82 O.S. 11 [82-11] (GEORGE T. MONTGOMERY)

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OPINION — AG — ** APPROPRIATE WATERS — WATERS AND STREAMS ** AN APPLICANT INTENDS TO APPROPRIATE THE WATERS OF DELAWARE CREEK IN OSAGE COUNTY. THE APPLICANT DOES 'NOT' PROPOSE TO DEVELOP WATER POWER AND THAT, ALTHOUGH A HYDROGRAPHIC SURVEY OF SAID STREAM HAS BEEN COMPLETED, AS PROVIDED FOR IN 82 O.S. 11 [82-11], THERE HAS BEEN NO COURT TO ADJUDICATE ALL RIGHTS TO USE OF SAID WATER OF SAID STREAM AS PROVIDED FOR IN 82 O.S. 12 [82-12] — 82 O.S. 14 [82-14] . . . WHAT RIGHT, IF ANY, DOES SAID APPLICANT GAIN BY THE OKLAHOMA PLANNING RESOURCES BOARD APPROVAL OF THIS APPLICATION ? . . . MAY THE BOARD REQUIRE A DETAILED FINANCIAL STATEMENT FROM SUCH APPLICANT ? . . . SINCE THERE HAS BEEN NO COURT ADJUDICATION OF THE RIGHTS TO USE THE WATER OF SAID STREAM AS PROVIDED IN 82 O.S. 12 [82-12] TO 82 O.S. 14 [82-14], YOUR BOARD HAS 'NO' AUTHORITY AT THIS TIME (1948) TO APPROVE SAID APPLICATION. (IRRIGABLE LANDS, SURVEY, DEVELOPMENT) CITE: 82 O.S. 11 [82-11] (GEORGE T. MONTGOMERY)

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Opinion No. 48-0421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-48-0421-oklaag-1948.