Arkansas Administrative Code

15 CAR § 20-903. Hearing officer. The hearing will be chaired by: (1) A commissioner; (2) The Director of the Arkansas Natural Resources Commission; or (3) A member of the Arkansas Natural Resources Commission’s staff designated by the director.…

15 CAR § 20-904. Prehearing staff review. Prior to the public hearing, the Arkansas Natural Resources Commission staff, in conjunction with other interested federal or state agencies, will make an investigation of the alleged water shortage, which shall include the following info…

15 CAR § 20-905. Notice of director’s recommendation. Prior to the public hearing, the other affected persons will be advised: (1) Of the Director of the Arkansas Natural Resources Commission’s findings of their water use requirements; and (2) That the Arkansas Natural Resources …

15 CAR § 20-906. Commission decision. (a) All information gathered by the Arkansas Natural Resources Commission staff and presented at the hearing shall be analyzed and considered by the commission before making allocations. (b) Within ten (10) working days after the public heari…

15 CAR § 20-907. Notice of decision. The petitioner and all affected persons will be notified of the Arkansas Natural Resources Commission’s determination by certified mail.

15 CAR § 20-908. Appeals. (a) The petitioner or any affected person shall have the right to appeal decisions under this subpart. (b) Appeals procedure is set out in 15 CAR § 1-501 et seq.

15 CAR § 20-909. Commission-initiated allocation. (a) If the Arkansas Natural Resources Commission determines that a shortage exists and decides that allocation of available water is necessary, the Director of the Arkansas Natural Resources Commission shall notify all registered …

15 CAR § 21-101. Purpose. The purpose of this part is to establish a comprehensive groundwater protection program that encourages the conservation of groundwater while protecting the beneficial use of the aquifer for future generations.

15 CAR § 21-102. Definitions. The following definitions shall apply to this part: (1)(A) “Abandoned water well” means a well whose use has been permanently discontinued. (B) Any well shall be deemed abandoned which is in such a state of disrepair that continued use for the purpos…

15 CAR § 21-103. Powers of the commission. (a) The Arkansas Natural Resources Commission shall have all powers necessary to: (1) Enforce the Arkansas Groundwater Protection and Management Act, Arkansas Code § 15-22-901 et seq.; and (2) Accomplish its purpose of establishing a com…

15 CAR § 21-201. Requirement to register. (a) All persons who withdraw groundwater, except as hereinafter exempted, shall report the withdrawal 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 C…

15 CAR § 21-202. Exemptions. The following withdrawals are exempt from the requirement of reporting: (1) Water withdrawn from individual household wells used exclusively for domestic use; and (2) Water withdrawn from wells having a maximum potential flow rate of less than fifty t…

15 CAR § 21-203. 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 wells; (B) Name, address, and phone number of water user; (C) Type of crops, livestock, poultry, or fish…

15 CAR § 21-204. Report no change in water use or no use of water. (a) After the initial registration report, 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 withdrawn during any wate…

15 CAR § 21-205. 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 withdrawals of groundwater; and (2) Alter or amend such form as necessary to comply with laws o…

15 CAR § 21-206. Failure to register. (a) Any person who fails to timely register groundwater withdrawals as required by law and this part shall, in addition to registration fees, pay reporting fees for late registration as follows: (1) Failure to register by March 1, written not…

15 CAR § 21-207. Fees. (a) Assessment. (1) An annual fee of ten dollars ($10.00) will be assessed per registered well, 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: (A) Constitut…

15 CAR § 21-208. Penalties. At the direction of the Arkansas Natural Resources Commission, the Attorney General shall bring suit against any person violating any provision of this part pursuant to Arkansas Code § 15-22-204.

15 CAR § 21-209. Appeals. Any person aggrieved by decisions and actions of the Arkansas Natural Resources Commission under this part may appeal pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

15 CAR § 21-301. Designation. (a)(1) Using all pertinent data, an analysis will be made to determine those areas that have developed, or trends indicate may develop, significant groundwater depletion or degradation. (2) Designating an area indicates that limitation of withdrawals…

15 CAR § 21-302. Initiation of regulation. Regulation in a designated critical groundwater area will be initiated and monitored through the following procedures: (1) When an aquifer assessment does not indicate satisfactory progress, Arkansas Natural Resources Commission staff wi…

15 CAR § 21-401. Authority. The Arkansas Natural Resources Commission is authorized by Arkansas Code § 15-22-901 to issue groundwater rights for beneficial uses, giving preference: (1) First to sustaining life; (2) Then to maintaining health; and (3) Finally to increasing wealth.…

15 CAR § 21-402. Regulation. After the Arkansas Natural Resources Commission determines that regulation is necessary within a critical area, and after it declares that water rights are required for water withdrawal, the following procedures will be observed: (1) Registered users …

15 CAR § 21-403. Grandfathering existing wells. (a)(1) Within one (1) year of initiation of the regulatory authority, the Arkansas Natural Resources Commission shall, upon application, issue to an applicant within the critical water use area a water right for existing wells equal…

15 CAR § 21-404. New groundwater rights application. (a) An application for a water right permit shall be: (1) On a form furnished by the Arkansas Natural Resources Commission; and (2) Filed with the commission. (b) The applicant shall disclose: (1) Name, address, and phone numbe…

15 CAR § 21-405. Exceptions. The following are exceptions to the Arkansas Natural Resources Commission’s powers in critical groundwater areas: (1) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a wate…

15 CAR § 21-406. Cancellation. Water rights may be cancelled for the following reasons: (1)(A) If water is used for a purpose other than that for which the water right was issued. (B) A water user may apply for and may be granted an appropriate change in the use of water; (2) For…

15 CAR § 21-407. Limitations. The Arkansas Natural Resources Commission shall limit water rights in the following manner: (1) Duration. In determining time limitations for water rights, the commission shall consider the time required to amortize the water user's investment as wel…

15 CAR § 21-501. Assessment and monitoring — Critical groundwater area assessment. After a critical groundwater area has been designated by the Arkansas Natural Resources Commission, a biennial assessment of the aquifer shall be made by the commission staff to: (1) Determine wate…

15 CAR § 21-502. Classification of groundwater. [Reserved]

15 CAR § 21-503. Establishment of criteria and standards. [Reserved]

15 CAR § 21-601. Water conservation education and information program — Generally. The Arkansas Natural Resources Commission is authorized to develop and implement an education/information program to encourage water conservation by increasing the public's awareness of the need fo…

15 CAR § 21-602. Components. The program shall include the following components as a minimum: (1) Technology transfer; (2) Training; (3) Technical assistance; (4) Research; and (5) Demonstration projects.…

15 CAR § 21-701. Metering. (a) Any well constructed after September 30, 2001, to withdraw groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the Arkansas Natural Resources Commission. (b) After Sept…

15 CAR § 22-101. The Arkansas Water Plan. (a) The Arkansas Natural Resources Commission is responsible for preparing and overseeing the Arkansas Water Plan (“the plan”). (b) The plan is: (1) The state policy for the orderly development and management of the state's water and rela…

15 CAR § 22-102. Definitions. The following definitions shall apply to this part: (1) “Applicant” means a political subdivision or state agency requesting water plan compliance approval; (2) “Arkansas Water Plan” or “plan” means the comprehensive program for the orderly developme…

15 CAR § 22-103. Applicability. (a) All political subdivisions must obtain water plan compliance approval prior to construction of a water development project. (b) The term "project" as used in this part shall include the following: (1) Development of a new water supply source or…

15 CAR § 22-104. Factors considered in compliance determination. When determining whether a water development project should be approved for compliance with the Arkansas Water Plan, the Director of the Arkansas Natural Resources Commission shall consider the following factors: (1…

15 CAR § 22-105. Unless exempt, projects must comply with the plan. (a) No political subdivision or agency of the state shall spend any state funds on or engage in any water development project until the: (1) Political subdivision or agency files a preliminary engineering report …

15 CAR § 22-106. Projects exempt from review. The following projects are exempt from Arkansas Water Plan compliance review: (1) Local drainage facilities for recreational developments of less than five (5) acres; (2) Drainage facilities associated with street construction or impr…

15 CAR § 22-201. Fee. The Arkansas Natural Resources Commission will collect an application fee of two hundred dollars ($200) from any applicant proposing a project requiring water plan compliance certification.

15 CAR § 22-202. Application. (a)(1) All applications for approval of a project pursuant to Arkansas Code § 15-22-503(e) shall be: (A) In writing; and (B) Signed by a representative of the applicant. (2) The original application shall be filed with the Director of the Arkansas Na…

15 CAR § 22-203. Preliminary engineering report. (a) The application shall be accompanied by a preliminary engineering report prepared by an engineer licensed by the state of Arkansas. (b) The report shall contain the following: (1) Purpose of the project; (2) Location of the pro…

15 CAR § 22-204. Geographic service area. The applicant shall include in its application a United States Geological Survey 7.5-minute quadrangle map, a similarly scaled map, or an electronic map file delineating the geographic area to be served by the project.

15 CAR § 22-205. Alternative filing — State clearinghouse. Applicant may file an application under the State of Arkansas Project Notification and Review System (APNRS) in lieu of a filing under 15 CAR § 22-202 if the APNRS filing: (1) Contains the information required in 15 CAR §…

15 CAR § 22-206. Alternative filing — Other commission programs. The filing of an application under 15 CAR pt. 2, 15 CAR pt. 20, or 15 CAR pt. 23 may be accepted in lieu of a filing under 15 CAR § 22-202 if the application: (1) Contains the information required in 15 CAR § 22-202…

15 CAR § 22-301. Procedure generally. (a) Arkansas Natural Resources Commission staff shall review the application to ascertain: (1) The accuracy of the data contained in the application; and (2) Whether the project would comply with the Arkansas Water Plan. (b) After completing …

15 CAR § 22-302. Notice — Publication. (a) The Director of the Arkansas Natural Resources Commission shall: (1) Give the applicant and any other party who has requested notice ten (10) days’ notice of the hearing on the application; and (2) Publish notice of the hearing in a news…

15 CAR § 22-303. Notice of hearing contents. Notice of the hearing on the application shall state: (1) Time and place of the hearing; (2) Name of hearing officer; (3) Nature of the hearing; (4) Matters to be considered at the hearing; (5) The Arkansas Natural Resources Commission…

15 CAR § 22-304. Notification of nearby public water systems. (a)(1) When a project or portion of a project may physically or economically affect public water or wastewater systems within five (5) miles of any portion of the proposed project, the applicant shall notify all system…