reglab/housing_qa huggingface dataset:
AR Code § 15-22-215 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-215. Certificates of registration — Water diversion — Exceptions

 (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 registration shall set forth:  (1) The name and post office address of the registrant;  (2) The source of water supply and location of the point of diversion, the manner of diversion, whether a dam is utilized, and the size and location of any such dam;  (3) The purpose for the water diversion;  (4) The estimated quantity of water diverted for direct use and the quantity of water stored away from the point of diversion for use when needed;  (5) The location of the land on which the water is used, and, if for irrigation, the area and legal description of the lands irrigated, which may be depicted by the use of appropriate maps, and the kinds of crops cultivated under irrigation during the year;  (6) The times during the water year that the water was diverted; and  (7) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas.    (c)  (1) The registration shall be based upon a water year, the twelve-month period beginning October 1 and ending the next September 30.  (2) Registrations shall be submitted annually no later than March 1 for the prior water year.    (d) After the initial registration, persons whose water use remains unchanged from the prior year need only report no change in water use.  (e) Upon receipt of the registration by the commission, it shall be the duty of the commission to furnish to the registrant a certificate of registration containing all the information as set forth by the registrant.  (f)  (1) In any proceeding before any court or the commission for the adjudication of rights to divert water from any stream, lake, or pond, no party shall be granted any allocation of water above that required for domestic use unless he or she has complied with the provisions of this section.  (2) However, this section shall not operate to allow a nonriparian use of water to supersede, subordinate, or otherwise take priority or precedence over a riparian right to divert water from a stream, lake, or pond.    (g)  (1) Any person who fails to register a diversion as required by subsections (a) and (b) of this section shall be subject to a late reporting fee of not more than five hundred dollars ($500) for each year he or she fails to register.  (2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee.  (3) All fees received shall go to the Arkansas Water Development Fund.
AR Code § 15-22-216 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-216. Right to take impounded water

 (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 Commission, subject to his or her obligation to discharge water from the dam as provided in the permit, and shall have the right to exclude all persons from the water impounded by that dam.  (b)  (1) However, if the dam causes water to be impounded unlawfully on land which the person maintaining the dam does not own or have the right to occupy, the owner of the land so unlawfully occupied shall have the right to take water from the impoundment at a point on his or her land, so long as the water is unlawfully impounded on his or her land.  (2)  (A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass.  (B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded.
AR Code § 15-22-217 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-217. Allocation during shortages

 (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 notice and hearing, the Arkansas Natural Resources Commission may allocate the available water from the stream among the uses of water affected by the shortage of water in a manner that each of the needs affected by the shortage of water may obtain an equitable portion of the available water.  (2)  (A) Subject to the preferences and reserved uses stated in this section, if the commission allocates water under subdivision (a)(1) of this section, the commission shall give preference for water uses and types of water diversions as stated in this subdivision (a)(2).  (B) The commission shall allocate water for water uses in the following order of priority:  (i) Agriculture;  (ii) Industry;  (iii) Minimum streamflow;  (iv) Hydropower; and  (v) Recreation.        (b) In allocating water under this section, the commission may consider the use that each person involved is to make of the water allocated to that person.  (c) In making allocations of water under this section, reasonable preferences shall be given to different uses in the following order of preference:  (1) Sustaining life;  (2) Maintaining health; and  (3) Increasing wealth.    (d) Water needs shall include domestic and municipal water supply needs, agricultural and industrial water needs, and navigational, recreational, fish and wildlife, and other ecological needs.  (e) The following priorities shall be reserved before allocation under this section:  (1) Domestic and municipal domestic; and  (2) Federal water rights.
AR Code § 15-22-218 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-218. Right to acquire title and use water stored in a governmental reservoir

 (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 States Army Corps of Engineers for the United States Government or any agency thereof.  (b) The right shall vest in the person upon his or her compliance with the following conditions:  (1) Upon filing with the Arkansas Natural Resources Commission a notice of intent to negotiate and contract with the United States Government for the withdrawal of water from the reservoir; and  (2) Upon the person executing a contract with the United States Government or any agency thereof for the withdrawal of water from the reservoir and filing the contract with the commission.    (c)  (1) The notice of intent shall set forth in detail the name of the person who is filing the notice and the place of the reservoir.  (2) The act of filing the notice of intent shall empower the person to negotiate and contract with the United States Government or any agency thereof for the water.    (d) Any person who has acquired title to and use of water stored in a United States Government reservoir shall:  (1) File with the commission a certified copy of the contract made with the United States Government for the withdrawal of water; and  (2) Annually thereafter file with the commission a detailed report of the amount of water withdrawn and for what purpose the water is used.
AR Code § 15-22-219 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-219. Fees

 (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 of construction for the dam, which in any case shall not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).  (2) The dam permit application review fee shall be assessed as an initial fee upon application for the dam permit or upon a major modification of a dam requiring the issuance of a revised permit.    (b)  (1) Any person obtaining a permit under the provisions of § 15-22-210, in consideration therefor, shall pay to the commission a fee equal to twelve cents (12¢) per acre-foot of water which the dam involved is designed to impound, but not less than twenty-five dollars ($25.00) nor more than ten thousand dollars ($10,000).  (2) The permit shall provide that the same fee shall be paid by that person to the commission each year thereafter during which the dam is maintained, on or before the anniversary date of the issuance of the permit.    (c) The fees in subsections (a) and (b) of this section shall be deposited by the commission into the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury.
AR Code § 15-22-220 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-220. Continued water use study

 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 its citizens.
AR Code § 15-22-221 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-221. Delegation of allocation authority

 (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 allocate water during shortages shall have all powers under this subchapter and shall be governed by the procedures set out in this subchapter.  (2) The commission shall provide technical assistance and shall establish guidelines which shall be followed by districts to which the commission has delegated powers.    (c)  (1) The commission shall have all the necessary power to effectuate this delegation, including, but not limited to, the power to determine disputes between, approve or disapprove regulations or rules of, and hear appeals from decisions of districts to which the commission has delegated powers.  (2) The commission may reserve any or all power in itself and may withdraw its delegation of power at any time.
AR Code § 15-22-222 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 2 - Allocation and Use Generally|§ 15-22-222. Minimum stream flows

 (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 receipt requested, the Arkansas State Game and Fish Commission, the Division of Environmental Quality, and any other interested state boards and commissions.  (2) Within thirty (30) days of receipt of notice, the Arkansas State Game and Fish Commission and the division shall file written comments with the Arkansas Natural Resources Commission.    (c) In establishing minimum stream flows, the Arkansas Natural Resources Commission shall follow the procedure for rulemaking, including publishing notice and the conducting of a public hearing.  (d) Nothing in this section shall be construed to override any other duties or powers of the Arkansas Natural Resources Commission.
AR Code § 15-22-301 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 3 - Determination of Water Use Requirements|§ 15-22-301. Duties of commission

 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) Establish minimum stream flows;  (5) Determine the water needs of public water supplies;  (6) Determine the water needs for industry;  (7) Determine the water needs for agriculture, taking into account the decreasing groundwater tables and the resulting future needs for surface water to augment groundwater supplies;  (8) Determine the water needs of all other users;  (9) Propose a definition of critical water areas and delineate areas which are now critical or which will be critical within the next thirty (30) years;  (10) Define the term “excess surface water” and determine the quantity of the excess surface water within the state and where it is located;  (11) Define the term “safe yield” of a stream, river, or river basin, and a groundwater aquifer;  (12) Report periodically to the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development;  (13) Declare and delineate surplus or excess surface water areas within the state based on a determination that surface water in a defined geographic area is in excess of the amount required for the foreseeable economic development needs of the defined geographic area;  (14) Develop guidelines for evaluation of any proposed interbasin transfers in order that the areas of origin would be protected from serious adverse effects during periods of low streamflow; and  (15) Develop guidelines for determining the amount of compensation, if any, to interested parties within the area of origin who incur damages as a result of a proposed transfer, including claims of individual water rights holders, adverse effects upon the political subdivisions involved, and adverse environmental effects.
AR Code § 15-22-302 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 3 - Determination of Water Use Requirements|§ 15-22-302. Withdrawal of underground water — Annual reports

 (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 district or the Arkansas Natural Resources Commission the following:  (1) If the water is used for agricultural irrigation:  (A) The number and size of wells;  (B) The crops and acreage irrigated; and  (C) The legal description of the lands irrigated, which may be depicted by the use of appropriate maps;    (2) If the water is used for other than agricultural irrigation:  (A) The number and size of wells;  (B) The name of the water user and the location of the use; and  (C) The use of the water and the quantity used; and    (3) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas.    (b)  (1) The reports shall be submitted annually no later than March 1, indicating the water usage for the prior water year.  (2) After the initial report, persons whose water use remains unchanged from the prior water year need only report no change in water use.  (3) A “water year” is a twelve-month period beginning October 1 and ending the next September 30.    (c)  (1) Any person who fails to report a withdrawal of underground water as required by subsection (a) of this section shall be subject to a late registration fee of not more than five hundred dollars ($500) for each year he or she fails to register.  (2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee.  (3) All fees received shall go to the Arkansas Water Development Fund.
AR Code § 15-22-303 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 3 - Determination of Water Use Requirements|§ 15-22-303. Out-of-state transportation and use of water

 (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 conditions, out-of-state transportation and use of its waters is not in conflict with the public welfare of its citizens or the conservation of its waters.  (b) Any person or entity desiring to withdraw water from any water source within this state and transport it for use outside the state shall so notify the Arkansas Natural Resources Commission. The commission shall research the request and recommend to the General Assembly at its next regular session whether the transfer would be in the public interest of the citizens of this state.  (c) In arriving at its conclusion, the commission shall consider, among other things, the following factors:  (1) The supply of water available in the State of Arkansas;  (2) The present and future water demands of water users in this state;  (3) Whether there are water shortages within the state;  (4) Whether the water that is the subject of the proposed transfer could feasibly be transported to alleviate water shortages within this state;  (5) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and  (6) The demands placed upon the applicant's supply in the state where the applicant intends to use the water.    (d) No water may be stored, withdrawn, or diverted for use outside the State of Arkansas unless approved by the General Assembly and by interstate compact under the provisions of § 15-20-207. However, this prohibition does not apply to marketers of bottled water.
AR Code § 15-22-304 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 3 - Determination of Water Use Requirements|§ 15-22-304. Transfer of excess surface water to nonriparians — Definitions

 (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 any watershed above that amount, as determined by the commission, required to satisfy all of the following:  (1) Existing riparian rights as of June 28, 1985;  (2) The water needs of federal water projects existing on June 28, 1985;  (3) The firm yield of all reservoirs in existence on June 28, 1985;  (4) Maintenance of instream flows for fish and wildlife, water quality, aquifer recharge requirements, and navigation; and  (5) Future water needs of the basin of origin as projected in the state water plan developed pursuant to § 15-20-207 and § 15-22-501 et seq.    (c) All applications for transfer of water to nonriparians shall be evaluated by the commission in terms of the reasonableness of the proposed nonriparian use, including, but not limited to:  (1) The availability at reasonable cost of alternative sources of water for the proposed use;  (2) The environmental impact of the proposed transfer; and  (3) The nature and extent of the impact of the transfer on other water uses.    (d)  (1) As a condition of granting the transfer authority, the commission may require the applicants to contract for the transportation of a specific quantity of water, for a specific period, at a reasonable price to users within the immediate vicinity of the proposed route of transportation.  (2) The term “reasonable price” means only the cost of transportation of the water, not the water itself.    (e) For purposes of transfer of the excess surface water, as defined in subsection (b) of this section, in the White River Basin, the transfer amount shall not exceed on a monthly basis an amount which is fifty percent (50%) of the monthly average of each individual month of excess surface water.
AR Code § 15-22-401 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 4 - Abandoned or Unused Artesian Wells|§ 15-22-401. Scope

 This subchapter applies to artesian wells abandoned before March 29, 1949.
AR Code § 15-22-402 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 4 - Abandoned or Unused Artesian Wells|§ 15-22-402. Notice to judge of nearby abandoned or unused well by person with inadequate well

 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 knows or has reason to believe that there is an abandoned, unused artesian well within one (1) mile, by the most direct route, of the home, the homeowner or tenant shall notify the county judge of his or her county of the lowered water pressure and petition the county judge to take appropriate action as provided by this subchapter.
AR Code § 15-22-403 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 4 - Abandoned or Unused Artesian Wells|§ 15-22-403. Notice to owners of land containing abandoned or unused well

 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, of the complaint and shall apprise the owner of the provisions of this subchapter.
AR Code § 15-22-404 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 4 - Abandoned or Unused Artesian Wells|§ 15-22-404. Sealing of well by judge upon failure of landowner

 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 under the county judge's supervision.