Title 15 — Natural Resources and Economic Development

(1) No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions:(1) Any permit granted shall be on the…

(a) The applicant for a dam construction permit shall file with the Arkansas Natural Resources Commission upon a form prescribed by the commission an application accompanied by plans and specifications for the construction and manner of operation and maintenance of the dam. (b) T…

(a) (1) Upon receipt of the application and before granting or denying the permit, the Arkansas Natural Resources Commission shall cause notice of the filing thereof to be published for two (2) weeks in a newspaper published and having a general circulation in each county wherein…

Any permit or an extension thereof issued by the Arkansas Natural Resources Commission may be modified or cancelled by order of the commission after notice and hearing upon the failure of the person holding the permit to maintain the dam adequately or to comply substantially with…

(a) No permit shall be required for any dam which impounds less than fifty (50) acre-feet of water or is of a height less than twenty-five feet (25′). (b) No permit shall be required for any dam the height of which is at or below the ordinary high water mark on the stream. (c) A …

(a) Any person diverting water from any stream, lake, or pond, except those natural lakes or ponds in the exclusive ownership of one (1) person, shall register the diversion with the Arkansas Natural Resources Commission or his or her local conservation district. (b) Each registr…

(a) Any person constructing a dam under permit issued under the provisions of this subchapter shall have the exclusive right to take water from the reservoir created by that dam so long as the dam is maintained and operated under permit from the Arkansas Natural Resources Commiss…

(a) (1) If a shortage of water in a stream or part of a stream exists to the extent that there is not sufficient water in the stream to meet the requirements of all water needs, on its own initiative or on the petition of a person affected by the shortage of water and after notic…

(a) Any person shall have, to the full extent that the State of Arkansas can grant that right, the right to acquire absolute title to and use for any purpose water allocated for local use and stored in any reservoir created by the construction of a multipurpose dam by the United …

(a) (1) Any person applying for a permit and having plans and specifications examined under § 15-22-211, in consideration therefor, shall pay to the Arkansas Natural Resources Commission an initial dam permit application review fee equal to one percent (1%) of the estimated cost …

The Arkansas Natural Resources Commission shall gather and compile, from time to time, information as to the use of surface water in this state and the needs of the citizens of this state for surface water, that the information may be available to officials of this state and to i…

(a) The Arkansas Natural Resources Commission may delegate the power to allocate water during times of shortage, as provided in this subchapter, to conservation districts and regional water districts. (b) (1) A district to which the commission has delegated its authority to alloc…

(a) The Arkansas Natural Resources Commission shall establish and enforce minimum stream flows for the protection of instream water needs. (b) (1) Prior to the establishment of minimum stream flows, the Arkansas Natural Resources Commission shall notify by certified mail, return …

(a) It is unlawful for a person to provide water or wastewater services to an area where such services are being provided by the current provider that has pledged or utilizes revenue derived from services within the area to repay financial assistance provided by the Arkansas Natu…

(a) As used in this section:(1) “Adequate financial operation” means operation of a public water system or public sewer system in such a manner that the system has and will have the ability to provide sufficient funds for viable current and future operations, including without li…

(1) The Arkansas Natural Resources Commission shall:(1) Inventory the surface water resources and underground water resources within this state;(2) Determine the surface water requirements for fish and wildlife;(3) Determine the surface water requirements for navigation;(4) Estab…

(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…

(a) The State of Arkansas has long recognized the importance of the conservation of the waters within this state and the necessity to maintain adequate water supplies to meet the state's present and future water requirements. The state also recognizes that under appropriate condi…

(a) The Arkansas Natural Resources Commission may authorize the transportation of excess surface water to nonriparians of such surface water for their use. (b) “Excess surface water” means twenty-five percent (25%) of that amount of water available on an average annual basis from…

This subchapter applies to artesian wells abandoned before March 29, 1949.

When any real estate owner or tenant who depends or may depend upon an artesian well for his or her home water supply discovers that the artesian well water pressure has become inadequate to accommodate the existing plumbing facilities of his or her home and the owner or tenant k…

Any county judge receiving notice as provided by § 15-22-402 shall ascertain from the record of deeds the owner of the land on which is situated any abandoned artesian well, and the county judge shall notify the property owner by registered letter, with return receipt requested, …

Any owner of property on which an abandoned well, as defined by § 15-22-402, is situated who fails to seal the well within ten (10) days after receipt of notice as provided by § 15-22-403 shall suffer the penalty of having the well sealed by the county judge or county employees u…

Any county judge sealing or directing the sealing of any artesian well shall file an expense statement on behalf of the county in the amount of one hundred dollars ($100) with the county recorder.

Any and all expense statements filed with the county recorder shall be filed by him or her and recorded as a part of the deed of the land upon which a well as described in § 15-22-405 is situated.

It shall be unlawful for any county recorder to record a deed or allow the same to be done by any deputy without first demanding and procuring payment of all items of expense on record as provided in §§ 15-22-405 and 15-22-406.

Any sums collected by the county recorder as provided in § 15-22-407 shall be deposited by the county recorder within ten (10) days with the county treasurer into the county general revenue fund.

(1) As used in this subchapter, “water development project” means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, uti…

(a) Nothing in this subchapter shall be so construed as to impair or restrict the right of any municipality, drainage district, water district, county, or other political subdivision or agency of this state to cooperate with the United States or any department or agency thereof w…

(a) Under such rules as it may adopt, the Arkansas Natural Resources Commission is charged with the duty of preparing, developing, formulating, and engaging in a comprehensive program for the orderly development and management of the state's water and related land resources, to b…

(a) In accordance with §§ 15-20-207, 15-22-204, and 15-22-501, the Arkansas Natural Resources Commission shall publish an “Arkansas Water Plan”, which shall from time to time be revised, updated, and amended as new information, projects, and developments shall occur. (b) The plan…

(1) In addition to such other powers, authorities, and duties as are provided to it by law, the Arkansas Natural Resources Commission shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including, but not l…

(a) The Arkansas Natural Resources Commission is authorized to engage in any water development project or any phase thereof in cooperation with any political subdivision or agency of the State of Arkansas, provided it is included in and made a part of the Arkansas Water Plan. (b)…

(a) The Arkansas Natural Resources Commission is authorized to establish, maintain, and administer the “Arkansas Water Development Fund”, which shall be used for the payment of any water development project costs set out in § 15-22-506 and to discharge obligations pertaining to t…

All property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from forced sale. Nothing in this subchapter shall be construed to authorize the commission to mortgage or otherwise encumber any of the property, except that the revenues thereof ma…

All of the property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state.

(a) In addition to being available for use in the operation of the Arkansas Natural Resources Commission for current water development project costs and for such other and additional purposes as provided for by law, appropriated funds for the maintenance of the commission may be …

All fees, earnings, and other collections of the Arkansas Natural Resources Commission shall be converted by the commission to the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury.

This subchapter may be referred to and cited as the “Arkansas Water Resources Development Act of 1981”.

(1) As used in this subchapter:(1) “Commission” means the Arkansas Natural Resources Commission;(2) “Debt service” means principal, interest, redemption premiums, if any, and trustees' and paying agents' and like servicing fees;(3) “Develop” means to construct, acquire by purchas…

(a) This subchapter shall be liberally construed to accomplish the purposes set forth. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and to this end it shall not be necessary that the provisions of other laws pertaini…

(1) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter:(1) To develop water resources projects;(2) To acquire absolute title to and use for any purpose and at any place water stored in any reservo…

The Arkansas Natural Resources Commission is authorized to issue bonds of the State of Arkansas, to be known as “State Water Resources Development General Obligation Bonds”. For the purposes set forth in this subchapter, the total principal amount of the bonds shall not exceed on…

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed fifteen million dollars ($15,000,000), unless the General Assembly by law shall have authorized a greater principal amount of bonds to be issued during a fiscal biennium.

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be performed with the proceeds derived from the sale of the bonds, the need for, and the estimated bene…

Bonds issued under this subchapter shall be issued for the purpose of financing the development of water resources projects, and the proceeds of any bonds issued under this subchapter shall be applied for the payment of project costs.

Bonds may be issued in the form of coupon bonds, payable to bearer, or as bonds registered as to principal only with interest coupons, or as bonds registered as to both principal and interest without coupons; may be in such denominations; may be made exchangeable for bonds of ano…

(a) The bonds shall be issued in series as set forth in this subchapter in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued. (b) The bonds of each series shall:(1) (A) H…

(a) (1) All bonds issued under this subchapter shall be authorized by resolution of the Arkansas Natural Resources Commission.(2) Each resolution shall contain terms, covenants, and conditions as deemed desirable, including without limitation, those pertaining to:(A) The establis…

(a) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and by the manual signature of the Treasurer of State or by a deputy of the Treasurer of State and shall have affixed or…