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15-22-905. Powers of commission — Limitations.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical groundwater area, including depreciation costs over the life of the well.
(B) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface supplies are available;
(2)(A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate:
(i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or
(ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission.
(B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals;
(3) There will be no regulation of the withdrawal of groundwater from ex
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-905
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:15-22-905
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ebbc05ba1e4753e0da2678a2c3fd9fd23d3816cdc38e43e127b8f6dc8284f394
Source location: content.xml paragraph 16240
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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 or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical groundwater area, including depreciation costs over the life of the well.
(B) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface supplies are available;
(2)(A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate:
(i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or
(ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission.
(B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals;
(3) There will be no regulation of the withdrawal of groundwater from existing or proposed wells which have a maximum potential flow rate of less than fifty thousand gallons (50,000 gals.) per day;
(4) There shall be no regulation of the withdrawals of groundwater from individual household wells used exclusively for domestic use;
(5) With respect to replacement wells:
(A)(i) The owner of an existing well may construct a replacement well after abandoning the existing well.
(ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating the location and ownership of the original well and replacement well and other relevant information required by the commission; and
(B) The original well must be converted to a nonregulated use or plugged in the manner prescribed by the commission; and
(6) Marketers of bottled water and public water supply systems shall at no time be restricted in the place of use of groundwater.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 over the past three (3) water years.
(B) For wells with reported use levels significantly below normal use levels, prior water year use reports may be used to determine the three-year average in subdivision (a)(1)(A) of this section.
(2) For new wells constructed during the first year of initiation of the regulatory authority as provided under § 15-22-909, the commission, upon application, shall issue to an applicant within the critical groundwater area a water right equal to the quantity of groundwater necessary for beneficial use.
(3)(A) Failure to apply within this period shall create a conclusive presumption of abandonment of use.
(B) If the landowner desires to receive a water right, he or she must apply for a water right pursuant to subsection (b) of this section.
(4) Water rights issued pursuant to this subsection shall be exempt from the public notice requirements described in subsection (b) of this section.
(b)New Groundwater Rights Applications.
(1) To obtain a water right, application must be made in a form satisfactory to the commission.
(2) The application shall contain information reasonably necessary to assist the commission in making a determination as to issuance of a water right.
(3) Upon receipt of the application, the commission shall cause to be published a notice of application for water rights in a newspaper with statewide circula
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-910
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 15-22-910. This identifies an authority to review, not proof of applicability.