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A buyer named Karen is purchasing a 200-acre rural farm in western Oklahoma that borders a creek. Her agent tells her that the property includes the right to divert water from the creek for irrigation. Which statement best describes the legal reality of surface water rights in Oklahoma?

Correct Answer

C) Surface water rights require a valid permit issued by the Oklahoma Water Resources Board and do not automatically transfer with the land.

Under Oklahoma's prior appropriation system for surface water, the right to divert water from a creek or stream requires a permit from the Oklahoma Water Resources Board. Surface water rights are not automatically conveyed with the real property deed. Karen's agent is incorrect to assume the water rights transfer automatically — she must verify that a valid appropriation permit exists and is properly assigned.

Answer Options
A
Surface water rights are automatically conveyed with the deed and require no additional documentation.
B
Surface water rights are governed by riparian doctrine, so Karen has full rights simply by owning adjacent land.
C
Surface water rights require a valid permit issued by the Oklahoma Water Resources Board and do not automatically transfer with the land.
D
Surface water rights are determined by the date of the original land patent and pass to all subsequent owners equally.

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Related Topics & Key Terms

Key Terms:

surface_waterprior_appropriationwater_permitoklahoma_water_resources_boardrural_property

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