Arkansas Administrative Code

15 CAR § 6-401. Obtaining a poultry litter management plan. (a)(1) Any person seeking a poultry litter management plan should: (A) Contact the local conservation district; and (B) Request information on how to obtain a plan. (2) The person seeking a poultry litter management plan…

15 CAR § 6-402. Contents of a poultry litter management plan. (a) A poultry litter management plan shall contain sufficient documentation to demonstrate that litter and associated nutrients will be managed in: (1) Compliance with this part; and (2) A manner sufficient to protect …

15 CAR § 6-403. Review and revision of poultry litter management plans. (a) Poultry litter management plans shall be reviewed by the owner or operator at least annually to determine if adjustments or modifications are needed. (b) Plans shall be modified if: (1) Facilities are exp…

15 CAR § 6-404. Record keeping requirements. (a)(1) Records required to be compiled or kept by this part or by the provisions of any approved poultry litter management plan shall be: (A) Maintained by the owner and operator of the poultry feeding operation for a minimum period of…

15 CAR § 6-405. Comprehensive nutrient management plans. If an owner or operator obtains a comprehensive nutrient management plan properly developed by the United States Department of Agriculture, the Arkansas Natural Resources Commission, or a conservation district and based on …

15 CAR § 6-501. No responsibility of transferor for use of litter after transfer. (a) Upon the sale or transfer of litter from a poultry feeding operation within a nutrient surplus area to any user, the poultry feeding operation shall not be responsible for the use of the litter …

15 CAR § 6-502. Responsibility of litter user. (a) Any person receiving litter from a poultry feeding operation within a nutrient surplus area who intends to use the litter for a purpose other than land application must use the litter in a manner approved by the Arkansas Natural …

15 CAR § 6-601. Commission’s right to inspect. (a) Arkansas Natural Resources Commission and conservation district employees may enter upon and inspect private property to determine compliance with the requirements of this part. (b)(1) Entry shall not occur without prior notifica…

15 CAR § 6-602. Administrative enforcement procedures. (a)(1) Upon complaint or suspicion of suspected violation of any provision of this part, Arkansas Natural Resources Commission staff may: (A) Investigate or cause an investigation to be undertaken; and (B) Recommend disciplin…

15 CAR § 6-603. Administrative penalties. (a)(1) Upon the first violation of this part within any one-year period, the alleged violator shall be issued a warning letter. (2) For the second violation within any one-year period, the Director of the Arkansas Natural Resources Commis…

15 CAR § 6-604. Judicial review. (a) By law, a person who considers himself or herself injured in his or her person, business, or property by an executed administrative consent order or an Arkansas Natural Resources Commission order following a hearing has the right to appeal the…

15 CAR § 20-1001. Allocation plan — In general. (a) Allocations will be expressed as a percentage of available water in the stream under varying levels of flow on a daily basis. (b) Percentages will vary from zero percent (0%) (the level of minimum streamflow) to one hundred perc…

15 CAR § 20-1002. Conservation plan. (a) As a part of the allocation plan, the Arkansas Natural Resources Commission shall require the development and implementation of a conservation plan by any and all diverters. (b) The conservation plan may be required with or without a reduc…

15 CAR § 20-1003. Installation of monitoring devices. (a) Unless installed by the Arkansas Natural Resources Commission, diverters assigned a water allocation will be responsible for the installation and maintenance of such water level gauges at diversion points as the commission…

15 CAR § 20-1004. Allocation level. If the stream flow reaches the allocation level (yellow zone on staff gauge), whether allocations have been implemented by the Arkansas Natural Resources Commission or not, the diverter shall comply with the allocation assigned him or her.…

15 CAR § 20-1005. Nondiversion level. If the streamflow reaches the minimum streamflow (red zone on staff gauge), whether allocations have been implemented by the Arkansas Natural Resources Commission or not, all diverters must stop all pumping immediately except for water withdr…

15 CAR § 20-1006. Water level monitoring. When an allocation has been implemented, it will be the responsibility of the diverter to read the gauge nearest his or her point of diversion on a frequency to be determined by the Director of the Arkansas Natural Resources Commission.…

15 CAR § 20-1007. No time or rate restrictions provided daily allocations not exceeded. There will be no restriction on the time or rate of pumping when the level of flow is above the diverters' designated minimum staff gauge reading, provided daily pumping allocations are not ex…

15 CAR § 20-1008. Cease allocation. When the Director of the Arkansas Natural Resources Commission determines that sufficient water exists in a stream to meet the requirements of all diverters, at or above green zone on staff gauge, the allocations will cease to be applicable and…

15 CAR § 20-101. Purpose. (a)(1) In keeping with the policy of the State of Arkansas, the purpose of this part is to encourage and facilitate the conservation, development, and efficient use of surface water. (2) Sensitivity to the public interest by the entire state requires the…

15 CAR § 20-102. Definitions. The following definitions shall apply to this part: (1) “Affected persons” means persons, other than the petitioner, whose water rights could reasonably be affected by permitting or allocation of water under this part; (2) “Allocation” means the assi…

15 CAR § 20-103. Rules to support compacts. Any procedure contained in this part may be used to support and comply with the Red River Compact or the Arkansas River Compact.

15 CAR § 20-104. Delegation of authority. The Arkansas Natural Resources Commission may delegate its authority under this part to a local district.

15 CAR § 20-1101. Loss of allocation. Failure to comply with the provisions of this part will invalidate any allocation previously granted by the Arkansas Natural Resources Commission, and willful violations may prejudice their future applications for permits or allocations.…

15 CAR § 20-1102. Additional penalties. (a) In addition to other penalties authorized by this part, the Arkansas Natural Resources Commission may invoke penalties as provided in Arkansas Code § 15-22-204. (b) All penalties received shall go to the Arkansas Water Development Fund.…

15 CAR § 20-1201. Time frame compression. When the Arkansas Natural Resources Commission either receives a petition for allocation or determines that a shortage exists that in the opinion of the commission requires an immediate determination of the need for allocation: (1) An eme…

15 CAR § 20-1202. Modifications for public health, safety, or welfare. When the Arkansas Natural Resources Commission determines that the shortage of water is so severe that an allocation or minimum streamflow is insufficient such that public health, safety, or welfare is signifi…

15 CAR § 20-1301. When rules become operative. (a) When the registered level of water withdrawn for riparian use exceeds three hundred cubic feet per second (300 cfs) from the main stem of the White River, this subpart shall become operative for riparian withdrawals. (b) When the…

15 CAR § 20-1302. Applicability, reaches, and seasons. (a)(1) This subpart applies to the main stem of the White River in Arkansas from below Bull Shoals Dam to its confluence with the Mississippi River. (2) See Appendix A-2, Map of White River Reaches and Gauges. (b) For the pur…

15 CAR § 20-1303. Reach 1 — Bull Shoals to Calico Rock. When this subpart is operative and gauge levels drop to or below levels indicated for a particular class of use, all out-of-stream withdrawals for that class of use must cease.

15 CAR § 20-1304. Reach 2 — Calico Rock to Newport. When this subpart is operative and gauge levels drop to or below levels indicated for a particular class of use, all out-of-stream withdrawals for that class of use must cease.

15 CAR § 20-1305. Reach 3 — Newport to mouth of Mississippi. When this subpart is operative and gauge levels drop to or below levels indicated for a particular class of use, all out-of-stream withdrawals for that class of use must cease.

15 CAR § 20-201. Requirement to register. (a) All persons who divert surface water, except as hereinafter exempted, shall report the diversion no later than March 1 for the prior water year. (b) The reports shall be made: (1) On forms provided by the Arkansas Natural Resources Co…

15 CAR § 20-202. Exemptions. The following diversions are exempt from the requirement of registration: (1) Diversions by any person of less than three hundred twenty-five thousand nine hundred gallons (325,900 gals.) (one (1) acre-foot) of water in any water year; (2) Water diver…

15 CAR § 20-203. Report content. The reports shall contain information requested on the attached, or revised, forms: (1) For water used for agriculture: (A) Number and size of diversions; (B) Name, address, and phone number of water user; (C) Type of crops, livestock, poultry, or…

15 CAR § 20-204. No change in water use or no use of water. (a) After the initial report in compliance with this part, persons whose water use remains unchanged from the prior water year need only report no change in water use. (b) In the event that no water is diverted during an…

15 CAR § 20-205. Certificates of registration. (a) Before July 1 of the water year following the water year being reported, the Arkansas Natural Resources Commission shall furnish to the registrant a certificate of registration containing all the pertinent information set forth b…

15 CAR § 20-206. Review of form. The Director of the Arkansas Natural Resources Commission shall: (1) Annually review the form used in obtaining the information required in registering diversions of surface water; and (2) Alter or amend such form as necessary to comply with the l…

15 CAR § 20-207. Failure to register. (a) Any person who fails to timely register surface water diversion as required by law and this part shall, in addition to registration fees, pay fees as follows: (1) Failure to register by March 1, written notice; (2) Failure to register by …

15 CAR § 20-208. Fees. (a) Assessment. (1) An annual fee of ten dollars ($10.00) will be assessed per registered withdrawal, payable at the time of water use reporting, no later than March 1 following the reporting water year. (2) A delinquency in paying annual fees will constitu…

15 CAR § 20-301. Minimum streamflow. Minimum streamflow is the quantity of water required to meet the largest of the following instream flow needs as determined on a case-by-case basis: (1) Aquifer recharge; (2) Fish and wildlife; (3) Interstate compacts; (4) Navigation; or (5) W…

15 CAR § 20-302. Shortage levels. This subpart defines levels at which water shortages occur and removal of water from the designated water bodies will be curtailed or prohibited.

15 CAR § 20-303. Establishment of minimum streamflows does not ensure a specific streamflow. Minimum streamflow levels do not ensure a specific streamflow or compel flow augmentation from: (1) Reservoirs; (2) Impoundments; or (3) Any other sources.…

15 CAR § 20-304. Streamflows at or below shortage levels. (a) When streamflows reach established shortage levels, a shortage exists. (b) When there is a shortage, the Director of the Arkansas Natural Resources Commission shall implement the withdrawal restrictions set forth in th…

15 CAR § 20-401. Authority. (a) A person shall be authorized to divert excess surface water for nonriparian use upon proper application and the granting of a permit by the Director of the Arkansas Natural Resources Commission. (b)(1) The Arkansas Natural Resources Commission calc…

15 CAR § 20-402. Determination to grant permit. (a) The Director of the Arkansas Natural Resources Commission shall grant a permit after he or she determines that the water to be used: (1) Is excess surface water as defined herein; (2) Is intended for a reasonable and beneficial …

15 CAR § 20-403. Application. (a) Applications for a permit shall be on a form furnished by the Director of the Arkansas Natural Resources Commission and shall be filed with the Director of the Arkansas Natural Resources Commission. (b) The applicant shall disclose: (1) The quant…

15 CAR § 20-404. Fees. (a) A five hundred-dollar fee must be submitted with an application for a permit to make an intrabasin water transfer to a nonriparian. (b) A one hundred-dollar annual permit renewal fee shall be collected on or before October 1 of each year. (c)(1)(A) Perm…

15 CAR § 20-405. Permit conditions. If approved, the Director of the Arkansas Natural Resources Commission shall issue a permit and shall designate thereon: (1) The amount of water permitted; (2) The authorized use; (3) The point of approved diversion; (4) A legal description of …

15 CAR § 20-406. Special conditions. (a) The Director of the Arkansas Natural Resources Commission may place upon a permit any special conditions necessary to: (1) Ensure that the water to be diverted is excess surface water; and (2) Guarantee a reasonable and beneficial use of t…