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15-22-304. Transfer of excess surface water to nonriparians — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-304. Transfer of excess surface water to nonriparians — Definitions.
(a) The Arkansas Natural Resources Commission may authorize the transportation of excess surface water to nonriparians of such surface water for their use.
(b) “Excess surface water” means twenty-five percent (25%) of that amount of water available on an average annual basis from any watershed above that amount, as determined by the commission, required to satisfy all of the following:
(1) Existing riparian rights as of June 28, 1985;
(2) The water needs of federal water projects existing on June 28, 1985;
(3) The firm yield of all reservoirs in existence on June 28, 1985;
(4) Maintenance of instream flows for fish and wildlife, water quality, aquifer recharge requirements, and navigation; and
(5) Future water needs of the basin of origin as projected in the state water plan developed pursuant to § 15-20-207 and § 15-22-501 et seq.
(c) All applications for transfer of water to nonriparians shall be evaluated by the commission in terms of the reasonableness of the proposed nonriparian use, including, but not limited to:
(1) The availability at reasonable cost of alternative sources of water for the proposed use;
(2) The environmental impact of the proposed transfer; and
(3) The nature and extent of the impact of the transfer on other water uses.
(d)(1) As a condition of granting the transfer authority, the commission may require the applicants to contract for the transportation of a specific quantity of water, for a specific period, at a reasonable price to users within the immediate vicinity of the proposed route of transportation.
(2) The term “reasonable price” means only the cost of transportation of the water, not the water itself.
(e) For purposes of transfer of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-304
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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Stable record: arkansas_code:legal_authorities:15-22-304
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: af18c582918be0d845a631e84d859c37dbe12fc33e62f64ee8ad54c81ddc0169
Source location: content.xml paragraph 15324
Stored source content
15-22-304. Transfer of excess surface water to nonriparians — Definitions.
(a) The Arkansas Natural Resources Commission may authorize the transportation of excess surface water to nonriparians of such surface water for their use.
(b) “Excess surface water” means twenty-five percent (25%) of that amount of water available on an average annual basis from any watershed above that amount, as determined by the commission, required to satisfy all of the following:
(1) Existing riparian rights as of June 28, 1985;
(2) The water needs of federal water projects existing on June 28, 1985;
(3) The firm yield of all reservoirs in existence on June 28, 1985;
(4) Maintenance of instream flows for fish and wildlife, water quality, aquifer recharge requirements, and navigation; and
(5) Future water needs of the basin of origin as projected in the state water plan developed pursuant to § 15-20-207 and § 15-22-501 et seq.
(c) All applications for transfer of water to nonriparians shall be evaluated by the commission in terms of the reasonableness of the proposed nonriparian use, including, but not limited to:
(1) The availability at reasonable cost of alternative sources of water for the proposed use;
(2) The environmental impact of the proposed transfer; and
(3) The nature and extent of the impact of the transfer on other water uses.
(d)(1) As a condition of granting the transfer authority, the commission may require the applicants to contract for the transportation of a specific quantity of water, for a specific period, at a reasonable price to users within the immediate vicinity of the proposed route of transportation.
(2) The term “reasonable price” means only the cost of transportation of the water, not the water itself.
(e) For purposes of transfer of the excess surface water, as defined in subsection (b) of this section, in the White River Basin, the transfer amount shall not exceed on a monthly basis an amount which is fifty percent (50%) of the monthly average of each individual month of excess surface 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-501. Definitions.
As used in this subchapter, “water development project” means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to:
(1) Provide for the people of the state adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes, water for navigation, and access to the state's lakes and streams, parks, and other recreational sites along their shores;
(2) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods; and
(3) Collect or treat sewage, including without limitation, wastewater treatment plants, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-501
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 15-22-501. This identifies an authority to review, not proof of applicability.