Browse Arkansas Code titles and sections
15-22-911. Water rights — General provisions.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 user for the use of groundwater, as well as the cost and useful life of the facility.
(c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals.
(d)Precedence.
(1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.
(2) On all renewal applications, consideration shall be given to reasonable beneficial use.
(e)Cancellation.
(1)(A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.
(B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.
(2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.
(3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.
(f)Off-tract Use of Groundwater.
(1)(A) The place of use described in the water right is the only realty on w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-911
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:15-22-911
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e932c070d9c7ab6d37ed1e5e4cb22e7a4ad9e175600e024399c696df99b240c
Source location: content.xml paragraph 16330
Stored source content
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 user for the use of groundwater, as well as the cost and useful life of the facility.
(c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals.
(d)Precedence.
(1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.
(2) On all renewal applications, consideration shall be given to reasonable beneficial use.
(e)Cancellation.
(1)(A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.
(B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.
(2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.
(3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.
(f)Off-tract Use of Groundwater.
(1)(A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5).
(B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.
(2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.
(g) Water Rights Attach to and Run with the Land. A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right.
(h) Automatically Transferred. Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-302. Withdrawal of underground water — Annual reports.
(a) All persons who withdraw underground water, except from individual household wells used exclusively for domestic use and except from wells having a maximum potential flow rate of less than fifty thousand gallons (50,000 gals.) per day, shall report to their local conservation district or the Arkansas Natural Resources Commission the following:
(1) If the water is used for agricultural irrigation:
(A) The number and size of wells;
(B) The crops and acreage irrigated; and
(C) The legal description of the lands irrigated, which may be depicted by the use of appropriate maps;
(2) If the water is used for other than agricultural irrigation:
(A) The number and size of wells;
(B) The name of the water user and the location of the use; and
(C) The use of the water and the quantity used; and
(3) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas.
(b)(1) The reports shall be submitted annually no later than March 1, indicating the water usage for the prior water year.
(2) After the initial report, persons whose water use remains unchanged from the prior water year need only report no change in water use.
(3) A “water year” is a twelve-month period beginning October 1 and ending the next September 30.
(c)(1) Any person who fails to report a withdrawal of underground water as required by subsection (a) of this section shall be subject to a late registration fee of not more than five hundred dollars ($500) for each year he or she fails to register.
(2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collect
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-302
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 15-22-302. This identifies an authority to review, not proof of applicability.
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. The source passage cites 15-22-905. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 use reporting pursuant to §§ 15-22-215 and 15-22-302.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-913
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 15-22-913. This identifies an authority to review, not proof of applicability.