Arkansas Administrative Code

15 CAR § 23-501. General standards. (a) All dams must be designed in accordance with currently accepted engineering practices. (b) Acceptable guidelines include those published and recommended by the: (1) United States Army Corps of Engineers; (2) United States Department of Agri…

15 CAR § 23-502. Registered professional engineer. Preparation of all plans and specifications and the construction, enlargement, alteration, repair, or removal of dams subject to Arkansas Natural Resources Commission review shall be under the supervision of an engineer registere…

15 CAR § 23-503. Size classification criteria. Size classification is based on the more stringent of two (2) categories, either height of dam or maximum storage, and shall be in accordance with Table 1 of this section. Table 1Size Classification SizeMaximum storage (acre-feet)Hei…

15 CAR § 23-504. Hazard classification criteria. (a) All dams will be classified or reclassified as required to ensure appropriate safety considerations. (b) Hazard classification shall be based on the more stringent of either potential loss of human life or economic loss in acco…

15 CAR § 23-505. Spillway design flood (SDF) for dams. (a) The size and hazard classifications are combined to determine the hydrologic criteria for dams. (b) The minimum acceptable spillway design floods (SDFs) for dams are shown in Table 3. (c) The minimum hydrologic criteria m…

15 CAR § 23-506. Downstream releases. (a) Each dam constructed after the effective date of this part shall be equipped with a release port or ports designed to release a flow of water for instream and downstream riparian uses. (b) Minimum release quantities shall be: (1) Sufficie…

15 CAR § 23-507. Reservoir drain conduit. (a) All proposed dams must include a permanent facility for draining the reservoir. (b)(1) Such conduit shall have a minimum diameter of: (A) Twelve inches (12”) for watershed areas less than one (1) square mile; and (B) Eighteen inches (…

15 CAR § 23-508. Structural criteria. As a minimum, the design must address the following: (1) Slope stability under all probable loading conditions; (2) Stability against sliding and overturning; (3) Adequacy of foundation for imposed loads; (4) Adequacy of energy dissipating de…

15 CAR § 23-601. Plans and specifications. Written approval of plans and specifications must be obtained from the Chief Engineer of the Arkansas Natural Resources Commission prior to start of construction.

15 CAR § 23-602. Construction inspections. An agent of the design-registered professional engineer must be on site during construction to ensure that techniques and materials used comply with plans and specifications.

15 CAR § 23-603. Construction records. (a) The applicant (or applicant’s engineer) must retain construction records throughout the life of the dam. (b) As a minimum, the records must include: (1) Daily log of construction activities; (2) Record of personnel and equipment on site;…

15 CAR § 23-604. Erosion protection. (a) During construction, adequate measures must be taken to prevent excessive erosion and off-site sedimentation. (b) Suitable techniques include: (1) Temporary vegetation; (2) Mulching; (3) Staked straw bales; (4) Filter fences; and (5) Chemi…

15 CAR § 23-605. Final inspection. Upon substantial completion of construction, the owner must: (1) Notify the Arkansas Natural Resources Commission; and (2) Schedule a final inspection of the work.

15 CAR § 23-606. Engineer’s certification. Upon completion of construction, the project engineer shall file with the Arkansas Natural Resources Commission a certificate of substantial compliance with approved plans and specifications.

15 CAR § 23-607. Record drawings. Within sixty (60) days after completion of construction, the owner or his or her engineer shall submit to the Chief Engineer of the Arkansas Natural Resources Commission a complete set of record drawings of the project for filing as a permanent r…

15 CAR § 23-608. Permanent reference marks. (a) Two (2) or more permanent reference marks shall be established for future use near but not on the dam. (b) Accurate longitude, latitude, and elevation shall be shown on the record drawings. (c) Elevations shall be referenced to the …

15 CAR § 23-701. Types of evaluations. (a) Spillway design flood. (1) Existing dams will be evaluated periodically to determine if development of downstream areas warrants: (A) Change in hazard classification; and (B) Review of spillway design flood (SDF). (2) Overtopping during …

15 CAR § 23-702. Deficiencies. Dams not meeting minimum acceptable standards (see Subparts 5 and 8 of this part) are deemed inadequate and therefore subject to necessary action under Subpart 4 of this part.

15 CAR § 23-703. Interim alternatives. (a) When the Arkansas Natural Resources Commission considers the permanent upgrading or removal of an inadequate dam, the dam owner may request the commission to consider interim alternatives including, but not limited to: (1) Temporary repa…

15 CAR § 23-704. Variance. (a) Upon request by the owner of an existing dam that does not meet the minimum acceptable standards stated in Subparts 5 and 8 of this part, the Chief Engineer of the Arkansas Natural Resources Commission may authorize a variance from this criteria. (b…

15 CAR § 23-801. Compliance with approved documents. Operation and maintenance must be performed in accord with documents filed by the owner or owner’s engineer in obtaining the dam permit.

15 CAR § 23-802. Erosion protection. Maintenance of adequate means to protect embankments, abutments, crests, and earthen channels from erosion is required.

15 CAR § 23-803. Woody vegetation prohibited — Embankment dams. (a) Growth of woody vegetation is not permitted: (1) On the spillway, crest, upstream or downstream embankments; and (2) Within twenty feet (20’) of the downstream toe or groin of the dam. (b) Remediation. (1) Trees …

15 CAR § 23-804. Woody vegetation prohibited — Concrete or masonry dams. (a) No grass, vines, brush, trees, or other vegetation is permitted to grow in cracks or joints of concrete or masonry structures. (b) Remediation. (1) Vegetation shall be removed by: (A) Manual, mechanical,…

15 CAR § 23-805. Operation of gates and controls. (a) All gates, valves, and controls must be maintained in operational condition. (b) Operation of each such item must be tested at least annually, and such tests must be documented in the owner’s permanent records. (c) However, te…

15 CAR § 23-806. Repairs and modifications. (a) Written approval by the Chief Engineer of the Arkansas Natural Resources Commission is required before repairs or modifications to a dam or appurtenances may be undertaken. (b) Plans and specifications prepared by a registered profe…

15 CAR § 23-807. Records. Documentation of all owner’s inspections and repairs or modifications to the dam or appurtenances must be retained by the owner.

15 CAR § 23-901. Owner inspection. (a) At least once per year and after each major storm event, the owner or owner’s agent of all permitted dams must perform a visual inspection of the dam. (b) Results of such inspections must be: (1) Summarized on forms supplied by the Arkansas …

15 CAR § 23-902. Commission inspection. (a) Arkansas Natural Resources Commission personnel will periodically perform inspections of each permitted dam. (b) Commission inspections are of three (3) types: (1) Maintenance and Operation; (2) Dam Safety Evaluation; and (3) Emergency.…

15 CAR § 23-903. Access. (a) The owner or owner’s agent must provide Arkansas Natural Resources Commission personnel access to the dam during reasonable working hours for commission inspections. (b) Access during emergency conditions must be available to commission personnel.…

15 CAR § 23-904. Assistance by owner. (a) The owner or owner’s agent may be requested to provide limited assistance to Arkansas Natural Resources Commission personnel in performing inspections. (b) Requested assistance may include: (1) Operating gates, valves, and other controls;…

15 CAR § 24-101. Purpose. (a) The purpose of this part is to establish the procedures for implementing the Arkansas Water Resource Agricultural Cost-Share Program. (b) This part is applicable to both the Arkansas Natural Resources Commission and conservation districts, when recei…

15 CAR § 24-102. Definitions. The following definitions shall apply to this part: (1) “Agricultural cost-share program” means the program administered by the United States Department of Agriculture pursuant to 16 U.S.C. §§ 590g – q3, 7 C.F.R. pt. 701, and 1-AR(ACP)(Rev. 11) Part …

15 CAR § 24-103. District transfer of funds. (a) A district obtaining delegation under 15 CAR § 24-201 et seq., may by appropriate resolution of the board of directors transfer funds held for use under this part to the water conservation education and information fund created und…

15 CAR § 24-201. Memorandum of understanding. Any district wishing to obtain delegation of the agricultural cost-share program within its boundaries shall enter into a memorandum of understanding with the Arkansas Natural Resources Commission agreeing to abide by this part.…

15 CAR § 24-202. Annual plan. (a) Upon delegation, a district shall develop an annual plan in which it prioritizes water conservation activities within the district. (b) The district shall take this plan in account when considering applications for financial assistance under this…

15 CAR § 24-203. Report of activities. (a)(1) The district shall provide the Department of Agriculture a copy of the annual reports of cost-share activities within the district. (2) These reports shall be in a form acceptable to the Director of the Natural Resources Division of t…

15 CAR § 24-204. Financial records. (a) A district obtaining delegation under this program shall establish and maintain a system of management and accounting for cost-share funds that is acceptable to the Director of the Natural Resources Division of the Department of Agriculture…

15 CAR § 24-301. Applicant in general. (a) An applicant may be: (1) An individual; (2) A partnership; (3) A corporation; (4) A limited liability company; (5) A joint venture; (6) A watershed improvement district; (7) A drainage district; or (8) A regional water distribution distr…

15 CAR § 24-302. Applicant must be cooperator. (a) An applicant must be a cooperator with the district in which the cost-share funds are to be expended. (b) If applicant is a joint venture, then all individuals shall be cooperators. (c) This section shall not be applicable to dra…

15 CAR § 24-303. Conservation plan on file. (a) The farm on which the proposed project is located must have a current conservation plan on file with the district. (b) This conservation plan must identify the proposed practice or project as a solution to one (1) or more identified…

15 CAR § 24-304. Application period. Applications for agricultural cost-share funds shall be accepted during the months of October, November, December, and January, unless otherwise approved by the Director of the Natural Resources Division of the Department of Agriculture.…

15 CAR § 24-305. Application procedure. (a) Applications shall be made on forms provided by the district or Department of Agriculture and approved by the department. (b) Required information includes, but is not limited to, the following: (1) Name, address, and telephone number o…

15 CAR § 24-306. Application review. (a)(1) As soon as practicable after the close of the application period, the applications received shall be reviewed. (2) In making a decision concerning an application, consideration shall be given to the proposed project furtherance of: (A) …

15 CAR § 24-307. Additional technical information on highest-ranking applications. (a) The Director of the Natural Resources Division of the Department of Agriculture, for applications made to the Department of Agriculture, or the district board of directors, for applications mad…

15 CAR § 24-308. Consideration of applications. (a) The Director of the Natural Resources Division of the Department of Agriculture, on applications made to the Department of Agriculture, or the district board of directors, on applications made to a district, may approve, disappr…

15 CAR § 24-309. Limitation of cost-share participation. (a) Cost-share participation under this program is limited to sixty percent (60%) of allowable costs. (b) Total cost-share participation from all contributing sources, including federal, state, and local sources, is limited…

15 CAR § 24-401. Project design criteria. All projects or practices shall be designed and installed in compliance with: (1) Current standards and technical specifications of the United States Department of Agriculture; or (2) Other standards and specifications approved by the Dir…

15 CAR § 24-402. Project design. All projects or practices shall be designed by an: (1) Employee of the: (A) United States Department of Agriculture; (B) District; or (C) Department of Agriculture; or (2) Arkansas-licensed professional engineer.…

15 CAR § 24-403. Final inspection. (a) Upon completion of the installation of a project or practice, an inspection shall be conducted by a representative of the district, Department of Agriculture, or United States Department of Agriculture to ensure the projects are installed in…