Arkansas Administrative Code

15 CAR § 20-411. Cancellation — Misuse. The Arkansas Natural Resources Commission may cancel any permit for: (1) Violation of any condition contained in the permit; (2) Use of water for a purpose other than stated in the permit; or (3) The diversion of more water than permitted.…

15 CAR § 20-412. Cancellation — Nonuse. The Arkansas Natural Resources Commission may cancel any permit issued for a period in excess of three (3) years if the permittee fails to take reasonable steps to obtain the ability to utilize the water permitted within two (2) years from …

15 CAR § 20-413. Irrigation permits run with land. (a) Irrigation permits run with the land described in the permit and can only be assigned to a subsequent owner or lessee of the land. (b) These permits may not be sold separate and apart from the land, and any such attempts shal…

15 CAR § 20-414. Predetermined allocation plan. (a) After an application for a permit to make an intrabasin transfer is received, the Director of the Arkansas Natural Resources Commission where deemed desirable and appropriate shall initiate a study consistent with the provisions…

15 CAR § 20-415. Water level monitoring. (a) The Director of the Arkansas Natural Resources Commission may, as he or she determines to be necessary, cause a staff gauge to be securely placed in the stream at the point of diversion. (b) Each staff gauge shall have the following cl…

15 CAR § 20-416. Appeal of permit decision. (a)(1) The applicant for a water rights permit or any affected person shall have the right to protest: (A) The action of the Director of the Arkansas Natural Resources Commission in either granting or denying the application for a permi…

15 CAR § 20-501. Basins defined. For purposes of interbasin transfers under this subpart, the state shall be divided into five (5) basins as listed below and depicted in the Appendix at A-1: (1) Arkansas River Basin; (2) Delta Basin; (3) Ouachita River Basin; (4) Red River Basin;…

15 CAR § 20-502. Authority. (a) A person shall be authorized to divert and transfer excess surface water for interbasin use upon proper application and the granting of a permit by the Director of the Arkansas Natural Resources Commission. (b) Water may be diverted for storage to …

15 CAR § 20-503. 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. (b) The applicant shall disclose: (1) The quantity of water to be diverted for direct use; (…

15 CAR § 20-504. Notice and hearing. (a)(1) Upon receipt of an application for the interbasin transfer of water, the Director of the Arkansas Natural Resources Commission shall cause to be published a notice of application. (2) The notice shall be published at the expense of the …

15 CAR § 20-505. Commission staff determination. Prior to the hearing the Arkansas Natural Resources Commission staff shall have made the following determinations: (1) The supply of water available in the basin of origin and in the basin to which proposed diversion is to be made;…

15 CAR § 20-506. Applicant to prove. The applicant shall be prepared to prove at the hearing that: (1) The water that is the subject of the proposed transfer can be feasibly transported out of the basin of origin to alleviate water shortages existing at the point of proposed use;…

15 CAR § 20-507. Director’s decision. (a) Within thirty (30) days following the hearing, the Director of the Arkansas Natural Resources Commission shall render his or her decision in granting or denying the application for interbasin transfer of water, with any special conditions…

15 CAR § 20-508. Permit contents. 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 th…

15 CAR § 20-509. 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…

15 CAR § 20-510. Length of permit. Permits for interbasin transfer may be issued for a period fixed by the Director of the Arkansas Natural Resources Commission, taking into consideration the investment required by the permittee to utilize the water and the period reasonably requ…

15 CAR § 20-511. Filing. (a) Upon the issuance of a permit to divert to nonriparian uses, the Director of the Arkansas Natural Resources Commission shall: (1) Furnish the permit to the applicant; (2) Furnish a copy to the commissioners; and (3) Cause a copy thereof to be retained…

15 CAR § 20-512. Permittee water use report. All permittees shall report the amount of water diverted during each water year of the permit pursuant to 15 CAR § 20-201 et seq.

15 CAR § 20-513. Change in permit conditions. (a) A permittee shall notify the Director of the Arkansas Natural Resources Commission of his or her desire to transfer the permit to another person. (b) Permits are freely transferable. (c)(1) A permittee shall seek prior approval fr…

15 CAR § 20-514. Fees. (a) A five hundred-dollar fee must be submitted with an application for a permit to make an interbasin water transfer to a nonriparian. (b) A one hundred-dollar annual permit fee shall be collected on or before October 1 of each year. (c)(1)(A) Permits shal…

15 CAR § 20-515. Cancellation — Misuse. The Arkansas Natural Resources Commission may cancel any permit for: (1) Violation of any condition contained in the permit; (2) Use of water for a purpose other than stated in the permit; or (3) The diversion of more water than permitted.…

15 CAR § 20-516. Cancellation — Nonuse. The Arkansas Natural Resources Commission may cancel any permit issued for a period in excess of three (3) years if the permittee fails to take reasonable steps to obtain the ability to utilize the water permitted within two (2) years from …

15 CAR § 20-517. Irrigation permits run with land. (a) Irrigation permits run with the land described in the permit and can only be assigned to a subsequent owner or lessee of the land. (b) Permits may not be sold separate and apart from the land, and any such attempts shall void…

15 CAR § 20-518. Predetermined allocation plan. (a) After an application for a permit to make an interbasin transfer is received, the Director of the Arkansas Natural Resources Commission, where deemed desirable and appropriate, shall initiate a study consistent with the provisio…

15 CAR § 20-519. Water level monitoring. The same procedure established herein in 15 CAR § 20-415 for water flow gauges at the point of diversion of water by a nonriparian for intrabasin transfers shall be applicable to transfers by a nonriparian for interbasin transfers.

15 CAR § 20-520. Appeal of permit decision. (a) The applicant or any affected person shall have the right to protest the decision of the Director of the Arkansas Natural Resources Commission in granting or denying the application for the interbasin transfer of surface water or to…

15 CAR § 20-601. Application. No application for interstate transfer shall be considered by the Arkansas Natural Resources Commission unless it contains all information requested by the commission including the following: (1) Amount of water to be transferred; (2) Certification t…

15 CAR § 20-602. Fees. (a) A five hundred-dollar fee must be submitted with an application for a permit to make an interstate 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) Permits sh…

15 CAR § 20-603. Commission notification. Upon receiving an application containing the information listed in 15 CAR § 20-601, the Director of the Arkansas Natural Resources Commission shall notify the Arkansas Natural Resources Commission at its next regular meeting.

15 CAR § 20-604. Notice and hearing. (a) The Arkansas Natural Resources Commission shall schedule a public hearing on the request as soon as reasonably possible. (b) Notice of the hearing shall be published at least once a week for two (2) consecutive weeks in the newspaper havin…

15 CAR § 20-605. Commission determination. (a) Within one hundred twenty (120) days after the hearing the Arkansas Natural Resources Commission must determine whether the out-of-state water transfer would be in the public interest of the citizens of Arkansas. (b) In reaching that…

15 CAR § 20-606. Report and recommendation. (a) The Arkansas Natural Resources Commission shall submit its report and recommendations to the next regular session of the General Assembly. (b) If the commission recommends the interstate transfer of water, it shall recommend: (1) Th…

15 CAR § 20-701. Allocation during shortages. Whenever a shortage of water in any stream exists, the Arkansas Natural Resources Commission may on its own initiative or on the petition of any person claiming to be affected by such shortage of water, after notice and hearing, alloc…

15 CAR § 20-702. Water usable without allocation. The following water is usable without allocation: (1) Diversions by any persons 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 capture…

15 CAR § 20-703. Reserved water. The following uses and needs shall have a reserved water right, prior to allocations for other uses and needs: (1) Domestic and municipal domestic; (2) Minimum streamflow; and (3) Federal water rights.…

15 CAR § 20-704. Criteria for allocation. (a) All allocations shall give reasonable preference: (1) First to sustaining life; (2) Then to maintaining health; and (3) Finally to increasing wealth. (b) The allocations shall reserve the water required for domestic and municipal-dome…

15 CAR § 20-705. Reserved water — Public systems. Public water systems historically dependent upon the affected stream shall receive a reserved water right for municipal domestic water use prior to allocations for other uses.

15 CAR § 20-706. Reserved water — Minimum streamflows. Minimum streamflows as established pursuant 15 CAR § 20-301 et seq., shall receive a reserved water right prior to allocations for other uses.

15 CAR § 20-707. Reserved water — Federal water rights. There may be some water over which the United States has a preemptive right that is superior to rights of others.

15 CAR § 20-708. Registered riparian user. Any riparian landowner who has properly registered a water diversion with the Arkansas Natural Resources Commission in compliance with Arkansas Code § 15-22-215 and the rules of the commission shall be granted an allocation of water.…

15 CAR § 20-709. Unregistered riparian user. Any riparian landowner who has not previously diverted water nor timely registered any previous water diversions with the Arkansas Natural Resources Commission may not be granted any allocation of water during times of shortage above t…

15 CAR § 20-710. Permitted nonriparian user. Nonriparian uses, including intrabasin, interbasin, and interstate transfers, previously authorized by the Arkansas Natural Resources Commission that are beneficial and that do not interfere with the uses enumerated herein in 15 CAR §§…

15 CAR § 20-801. Information required in the petition. The following information must be included in any petition for allocation: (1) Name, address, and telephone number of petitioner; (2) Water diversion registration certificate numbers of petitioner from previous years, if any;…

15 CAR § 20-802. Notice of petition and informal resolution. (a) Within five (5) working days after receipt of a petition from a person the Director of the Arkansas Natural Resources Commission finds eligible to receive an allocation of water, the director shall notify the affect…

15 CAR § 20-803. Informal resolution — Failure to resolve. If an affected person fails to either respond to the Director of the Arkansas Natural Resources Commission’s invitation to discuss the complaint or does not agree to voluntarily share the available water supplies within a…

15 CAR § 20-901. Hearing date and location. (a) The Director of the Arkansas Natural Resources Commission shall establish a date for a public hearing on the matter. (b) If matters to be considered at the hearing are of general application throughout the state, the hearing shall b…

15 CAR § 20-902. Hearing notice. A notice of this hearing will be sent by certified mail to the petitioner and all affected persons.