Browse Arkansas Code titles and sections
15-22-303. Out-of-state transportation and use of water.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-303. Out-of-state transportation and use of water.
(a) The State of Arkansas has long recognized the importance of the conservation of the waters within this state and the necessity to maintain adequate water supplies to meet the state's present and future water requirements. The state also recognizes that under appropriate conditions, out-of-state transportation and use of its waters is not in conflict with the public welfare of its citizens or the conservation of its waters.
(b) Any person or entity desiring to withdraw water from any water source within this state and transport it for use outside the state shall so notify the Arkansas Natural Resources Commission. The commission shall research the request and recommend to the General Assembly at its next regular session whether the transfer would be in the public interest of the citizens of this state.
(c) In arriving at its conclusion, the commission shall consider, among other things, the following factors:
(1) The supply of water available in the State of Arkansas;
(2) The present and future water demands of water users in this state;
(3) Whether there are water shortages within the state;
(4) Whether the water that is the subject of the proposed transfer could feasibly be transported to alleviate water shortages within this state;
(5) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and
(6) The demands placed upon the applicant's supply in the state where the applicant intends to use the water.
(d) No water may be stored, withdrawn, or diverted for use outside the State of Arkansas unless approved by the General Assembly and by interstate compact under the provisions of § 15-20-207. However, this prohibition does not ap
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:15-22-303
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4c733b5cadb468bed1b91bd49d977cca864138190588be1222d6c4ab696009fc
Source location: content.xml paragraph 15306
Stored source content
15-22-303. Out-of-state transportation and use of water.
(a) The State of Arkansas has long recognized the importance of the conservation of the waters within this state and the necessity to maintain adequate water supplies to meet the state's present and future water requirements. The state also recognizes that under appropriate conditions, out-of-state transportation and use of its waters is not in conflict with the public welfare of its citizens or the conservation of its waters.
(b) Any person or entity desiring to withdraw water from any water source within this state and transport it for use outside the state shall so notify the Arkansas Natural Resources Commission. The commission shall research the request and recommend to the General Assembly at its next regular session whether the transfer would be in the public interest of the citizens of this state.
(c) In arriving at its conclusion, the commission shall consider, among other things, the following factors:
(1) The supply of water available in the State of Arkansas;
(2) The present and future water demands of water users in this state;
(3) Whether there are water shortages within the state;
(4) Whether the water that is the subject of the proposed transfer could feasibly be transported to alleviate water shortages within this state;
(5) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and
(6) The demands placed upon the applicant's supply in the state where the applicant intends to use the water.
(d) No water may be stored, withdrawn, or diverted for use outside the State of Arkansas unless approved by the General Assembly and by interstate compact under the provisions of § 15-20-207. However, this prohibition does not apply to marketers of bottled water.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-207. Powers and duties.
The Arkansas Natural Resources Commission shall have the authority to:
(1)(A) Enter into negotiations with the duly authorized representatives of adjoining states relating to the protection and use of interstate waters occurring in underground aquifers, streams, lakes, reservoirs, or natural or artificial channels or impoundments and, with the consent of the United States Congress, enter into written compacts in relation thereto which shall become effective upon their ratification by the General Assembly and the legislative bodies of the other states which are parties thereto.
(B) In order that the commission may perform its functions more effectively, the Department of Agriculture shall employ a Water Resources Engineer, and the person so employed, at the time of his or her employment and during the continuance thereof, shall hold a certificate of registration granted by the State Board of Licensure for Professional Engineers and Professional Surveyors;
(2) Cooperate with similar agencies existing in other states, with the several federal departments, and with civic organizations interested in and devoted to water and soil conservation and flood control and prevention;
(3)(A) Cooperate with local organizations, with districts organized under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., or other state law of similar import, and with appropriate federal departments and agencies in the development and prosecution of plans for the construction, operation, and maintenance of pools, lakes, reservoirs, dams, levees, ditches, canals, waterways, pumping works, and other facilities.
(B) This cooperation may be for work on improvements on lakes, rivers, bayous, and streams for the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-20-207. This identifies an authority to review, not proof of applicability.