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<br />'J <br /> <br />stream system wherein water originates, <br />applicants within such stream system shall <br />have a right to all of the water required to <br />adequately supply the beneficial needs of <br />water users therein. The Board shall review <br />the needs within such area of origin every <br />five (5) years.28 <br /> <br />Although the declared policy of the State is "to encourage the <br /> <br />use of surplus and excess water to the extent that the use <br /> <br />thereof is not required by people residing within the area where <br /> <br />such water originates,"29 a subsequent paragraph adds: <br /> <br />"Only <br /> <br />excess and surplus water should be utilized outside the areas ~f <br /> <br />origin and citizens within the areas of origin have a prior right <br /> <br />to water originating therein to the extent that it may be <br /> <br />required for beneficial use therein."30 <br /> <br />The Oklahoma Water <br /> <br />Resources Board has defined excess and surplus water as "that <br /> <br />amount of water which is greater than the present or reasonable <br /> <br />forseeable [sic] future water requirements needed to satisfy all <br />beneficial uses within an area of origin."3l <br /> <br />2882 o.s. 1981 13105.12 (4). <br />2982 O.S. 1981 B1086.l <br />30Id. <br /> <br />3lOklahoma Water Resources Board Rules, Regulations and <br />Modes of Procedure B125.1 (1979 Revision). In a case that has <br />been before the Oklahoma Supreme Court for two years, one of the <br />issues is whether out-of-basin diversions remain subject to <br />possible "recall" by subsequent appropriators in the basin of <br />origin. Oklahoma Water Resources Board v. Franco-American <br />Charolaise, Ltd. et. al.,Case NO. 59, 310. The Board's posit10n <br />is that protection 1S provided or:ly to those in the area of <br />origin hold'ing water rights or applications for water rights at <br />the time of application for an out-of-basin diversion. Brief of <br />Appellant, Oklahoma Water Resource Board (May 31, 1983) at 37. <br />The Oklahoma District Court had decided that the rights being <br />sought in this case must be made "subject to recall" by subse- <br /> <br />13 <br />