§ 15-22-901. Title
This subchapter shall be known as the “Arkansas Groundwater Protection and Management Act”.
§ 15-22-902. Purpose
The State of Arkansas has an abundance of good quality groundwater. In some areas of the state, this groundwater is being mined such that in the future there may not be adequate supplies of good quality groundwater to meet our needs. In order to protect groundwater for the future, it is necessary to reduce groundwater […]
§ 15-22-903. Definitions
As used in this subchapter: (1) “Administrative Procedure Act” means the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) “Aquifer” means a permeable, water-bearing stratum of rock, sand, or gravel; (3) “Beneficial use” means the use of water in such quantity as is economical and efficient and which use is for a purpose and […]
§ 15-22-904. Powers of the commission
The Arkansas Natural Resources Commission shall have all powers necessary to effectuate this subchapter, including the power to: (1) Promulgate rules for groundwater classification and aquifer use, well spacing, issuance of groundwater rights within critical groundwater areas, and assessment of fees; (2) Issue subpoenas for any witness to require attendance and testimony and production of […]
§ 15-22-905. Powers of commission — Limitations
The following provisions shall limit the Arkansas Natural Resources Commission’s powers under this subchapter: (1) (A) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface water supplies are available […]
§ 15-22-906. Groundwater protection program
(a) In order to protect the groundwater of the state, the Arkansas Natural Resources Commission shall develop a comprehensive groundwater protection program. (b) This shall contain, as a minimum, the following components as the commission deems necessary: (1) Assessment and monitoring of the availability of groundwater and its quality; (2) The classification of groundwater and […]
§ 15-22-907. Water conservation education and information program
(a) The Arkansas Natural Resources Commission or its designee shall develop and implement an education and information program to encourage water conservation by increasing the public’s awareness of the need for and techniques available for conservation. (b) This shall include, as a minimum, the following components as the commission deems necessary: (1) Technology transfer; (2) […]
§ 15-22-908. Designation of critical groundwater areas
(a) Before designation of critical groundwater areas, the Arkansas Natural Resources Commission shall describe the proposed action, the reasons therefore, and the recommended boundaries. (b) Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be held in each county within the proposed critical groundwater area.
§ 15-22-909. Water rights — Initiation of regulatory authority within critical groundwater areas
(a) (1) When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal. (2) Before initiation of the regulatory program, the commission shall describe the proposed action, the reasons therefor, and the recommended boundaries if they differ from […]
§ 15-22-910. Water rights — Issuance
(a) Grandfathering Existing Wells. (1) (A) Within one (1) year of initiation of the regulatory authority as provided under § 15-22-909, the Arkansas Natural Resources Commission, upon application, shall issue to an applicant within the critical groundwater area a water right for existing wells equal to the average quantity of groundwater withdrawn for beneficial use […]
§ 15-22-911. Water rights — General provisions
(a) Purpose. Water rights are issued for beneficial uses. (b) Duration. (1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission. (2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater […]
§ 15-22-912. Appeals
Any person aggrieved by decisions and actions under this subchapter by the Arkansas Natural Resources Commission may appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
§ 15-22-913. Fees
(a) The Arkansas Natural Resources Commission shall assess annual fees for: (1) The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and (2) The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well. (b) The fee shall be payable at the time of water […]
§ 15-22-914. Disposition of earnings and fees
Fees, penalties, and other funds collected under this subchapter shall be deposited into the Arkansas Water Development Fund established by § 15-22-507. Two-thirds (2/3) of such funds deposited shall be used for an education and information program and cost sharing for water conservation and development. The remaining one-third (1/3) may be used for the administration […]
§ 15-22-915. Metering of certain withdrawals
(a) Any well constructed after September 30, 2001, to withdraw groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the Arkansas Natural Resources Commission. (b) After September 30, 2006, any well withdrawing groundwater from a sustaining aquifer shall be equipped with a properly functioning water […]