A. The ability to take and use marginal water has the potential to augment water supply in many areas of Oklahoma. Therefore, the taking and use of marginal water in accordance with the Oklahoma Groundwater Law and the rules of the Oklahoma Water Resources Board shall be considered a beneficial use and not waste. Except as provided for in this section and Sections 1020.15 and 1020.16 of Title 82 of the Oklahoma Statutes, the provisions of this act shall not apply to the taking and use of marginal water.

B. The Oklahoma Water Resources Board shall promulgate and implement rules for the taking and use of marginal water, including the well construction standards, well spacing, and water use reporting. Rules related to well construction standards shall ensure that the taking and use of marginal water shall not impair any fresh water basins, and shall include, but not be limited to, the rate of withdrawal, the level of perforating and the level of sealing the well.

C. Any use of marginal water under this section is in addition to any domestic use authorized under Section 1020.3 of Title 82 of the Oklahoma Statutes or any other use authorized pursuant to a permit issued under Section 1020.11 of Title 82 of the Oklahoma Statues.