reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-205 - Powers of commission regarding waters

(a)
The Arkansas Natural Resources Commission shall have the power to:
(1)
Issue permits for the construction of dams to impound water;
(2)
Issue certificates of registration of water diverted from streams; and
(3)
Make allocations among persons taking water from streams during periods of shortage, to the extent and in the manner provided by law.
(b)
To that end, the commission shall conduct hearings and promulgate rules and orders under the procedure prescribed in this subchapter.
Amended by Act 2019, No. 315,§ 1130, eff. 7/24/2019.
Acts 1957, No. 81, § 4; 1963, No. 14, § 18; 1969, No. 180, § 2; 1985, No. 475, § 1; A.S.A. 1947, § 21-1304.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-206 - Procedure for making rules and orders - Meetings

(a)
(1)
(A)
No rule or order, including a change, renewal, or extension thereof, shall be made by the Arkansas Natural Resources Commission except after reasonable notice and public hearing with respect thereto.
(B)
If matters to be considered at a meeting are of general application throughout the state, the meeting shall be held in Little Rock, and notice with respect thereto shall be published in a newspaper of general circulation throughout the state.
(C)
If the purpose of the meeting relates only to waters within one (1) county, that meeting shall be held in the county involved, and notice of the meeting shall be published in a newspaper of general circulation in that county.
(D)
If the purpose of the meeting is with respect to waters in more than one (1) county, the meeting shall be held in one (1) of those counties, and notice shall be published in one (1) or more newspapers which together have general circulation in all of the counties involved.
(2)
The notice, with respect to any meeting, shall state the time and place at which the meeting will be held and the matters to be considered by the commission at that meeting.
(b)
(1)
If the commission elects to give notice to any person by personal service, the service shall be made by the county sheriff of the county in which the meeting is to be held, by one (1) of his or her deputies, or by any agent of the commission.
(2)
Proof of service shall be by the affidavit of the person making personal service.
(c)
(1)
Each rule and order made by the commission shall be in writing and shall be entered in full in a book to be kept by the commission for such a purpose. The book shall be a public record and be open to inspection at all times during reasonable office hours.
(2)
A copy of any such rule or order, certified by a member of the commission or the Director of the Arkansas Natural Resources Commission, shall be received in evidence in all courts of this state with the same effect as the original.
Amended by Act 2019, No. 315,§ 1132, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1131, eff. 7/24/2019.
Acts 1957, No. 81, § 5; 1985, No. 475, § 2; A.S.A. 1947, § 21-1305.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-207 - Administration of oath to witnesses

Any member of the Arkansas Natural Resources Commission, or the commission's designee, may administer an oath to any witness in any hearing, investigation, or proceeding under the provisions of this subchapter.
Amended by Act 2019, No. 910,§ 76, eff. 7/1/2019.
Acts 1957, No. 81, § 3; 1963, No. 14, § 18; A.S.A. 1947, § 21-1303.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-208 - Subpoenas - Refusal to testify

(a)
The Arkansas Natural Resources Commission or any member thereof is empowered to issue a subpoena for any witness to require his or her attendance and the giving of testimony before the commission and to require the production of books, papers, and records in any proceeding before the commission which may be material to questions lawfully before the commission.
(b)
The subpoena shall be served by:
(1)
The county sheriff of the county in which the person subpoenaed resides;
(2)
The county sheriff's deputy; or
(3)
Any other officer authorized by law to serve process in this state.
(c)
If any person fails or refuses to comply with a subpoena issued by the commission or any member thereof or refuses to testify or answer to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which the person is domiciled, on application of the commission, may:
(1)
In term time or vacation, issue an attachment for the person;
(2)
Compel him or her to:
(A)
Comply with the subpoena;
(B)
Appear before the commission;
(C)
Produce the documents; and
(D)
Give his or her testimony upon such matters as may be lawfully required; and
(3)
Punish for contempt any person who fails to obey any such order, as in a case of disobedience of a like subpoena issued by or from that court or for refusal to testify therein.
(d)
With respect to any such person who is not domiciled in Arkansas, the circuit court of the county in which the hearing involved is being held or is to be held shall have jurisdiction.
Acts 1957, No. 81, § 5; A.S.A. 1947, § 21-1305.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-209 - Appellate review

Any person affected by any rule or order made by the Arkansas Natural Resources Commission or action taken may obtain review of such an action pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1133, eff. 7/24/2019.
Acts 1957, No. 81, § 12; 1969, No. 180, § 5; A.S.A. 1947, § 21-1312; Acts 1989, No. 258, § 3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-211 - Permits - Application

(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)
The commission shall examine the plans and specifications of the dam and conduct other necessary investigations for the granting or denial of the permit, including inspection of the site of the proposed construction.
(c)
The application for a dam construction permit shall be accompanied by the dam permit application review fee as specified in §
15-22-219
.
Acts 1957, No. 81, § 6; 1969, No. 180, § 3; A.S.A. 1947, § 21-1306; Acts 1989, No. 685, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-212 - Permits - Notice of application - Hearing

(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 the dam and area necessary for the impounding of water by means thereof is located.
(2)
The notice, with reasonable definiteness, shall describe the size and location of the proposed dam and reservoir and shall call upon all interested persons having questions or objections pertaining thereto and desiring public hearing thereon to make their questions or objections known within twenty (20) days after publication of the notice to the commission in writing, including their names and post office addresses.
(b)
(1)
Upon the expiration of twenty (20) days after the notice provided in subsection (a) of this section, the commission shall grant the permit.
(2)
However, should a hearing be requested as provided in subsection (a) of this section or desired by the commission, the commission shall schedule a public hearing and, by certified mail, return receipt requested, shall notify the applicant and all interested persons of the date, time, and place thereof, after which it shall either grant or, for good cause shown, deny the permit.
Acts 1957, No. 81, § 6; 1969, No. 180, § 1; A.S.A. 1947, § 21-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-213 - Permits - Modification or cancellation

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 any condition of the permit with respect to its operation.
Acts 1957, No. 81, § 6; 1969, No. 180, § 3; 1985, No. 475, § 3; A.S.A. 1947, § 21-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 15-22-214 - Exemptions

(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 permit shall be required of a dam exempted from a permit under subsection (a) or subsection (b) of this section if, upon petition by persons affected and after notice and hearing, the Arkansas Natural Resources Commission determines that the proposed dam would pose a significant threat to life or property.
Acts 1957, No. 81, § 10; 1969, No. 180, § 4; 1985, No. 475, § 4; A.S.A. 1947, § 21-1310; Acts 1989, No. 685, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Acts 1957, No. 81, § 7; A.S.A. 1947, § 21-1307.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Amended by Act 2013, No. 593,§ 1, eff. 8/16/2013.
Acts 1957, No. 81, § 8; A.S.A. 1947, § 21-1308; Acts 1989, No. 469, § 2; 1991, No. 786, § 17.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Acts 1957, No. 81, § 9; A.S.A. 1947, § 21-1309.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Acts 1957, No. 81, § 14; 1963, No. 106, § 1; A.S.A. 1947, § 21-1314; Acts 1989, No. 685, § 3; 1993, No. 657, § 1; 1993, No. 942, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Acts 1957, No. 81, § 15; A.S.A. 1947, § 21-1315.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Amended by Act 2019, No. 315,§ 1134, eff. 7/24/2019.
Acts 1989, No. 469, § 6.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 2 - ALLOCATION AND USE GENERALLY (§§ 15-22-201 — 15-22-224) › Section 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.
Amended by Act 2019, No. 910,§ 3062, eff. 7/1/2019.
Acts 1989, No. 469, § 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 3 - DETERMINATION OF WATER USE REQUIREMENTS (§§ 15-22-301 — 15-22-304) › Section 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.
Acts 1985, No. 1051, § 2; A.S.A. 1947, § 9-128.1; Acts 1997, No. 317, § 4.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 3 - DETERMINATION OF WATER USE REQUIREMENTS (§§ 15-22-301 — 15-22-304) › Section 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.
Acts 1985, No. 1051, § 1; A.S.A. 1947, § 9-129; Acts 1987, No. 460, § 1; 1989, No. 408, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 3 - DETERMINATION OF WATER USE REQUIREMENTS (§§ 15-22-301 — 15-22-304) › Section 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.
Acts 1985, No. 1051, § 4; A.S.A. 1947, § 9-130.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 3 - DETERMINATION OF WATER USE REQUIREMENTS (§§ 15-22-301 — 15-22-304) › Section 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.
Acts 1985, No. 1051, § 5; A.S.A. 1947, § 9-131; Acts 1995, No. 838, §§ 8, 9.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 15-22-401 - Scope

This subchapter applies to artesian wells abandoned before March 29, 1949.
Amended by Act 2017, No. 374,§ 31, eff. 8/1/2017.
Acts 1949, No. 478, § 8; A.S.A. 1947, § 21-1108.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 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.
Acts 1949, No. 478, § 1; A.S.A. 1947, § 21-1101.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 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.
Acts 1949, No. 478, § 2; A.S.A. 1947, § 21-1102.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 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.
Acts 1949, No. 478, § 3; A.S.A. 1947, § 21-1103.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 15-22-405 - Filing of expense statement by judge

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.
Acts 1949, No. 478, § 4; A.S.A. 1947, § 21-1104.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 15-22-406 - Expense statements recorded as part of landowner's deed

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.
Acts 1949, No. 478, § 5; A.S.A. 1947, § 21-1105.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 15-22-407 - Prohibition on recording deed before payment of expenses

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
.
Acts 1949, No. 478, § 6; A.S.A. 1947, § 21-1106.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 4 - ABANDONED OR UNUSED ARTESIAN WELLS (§§ 15-22-401 — 15-22-408) › Section 15-22-408 - Deposit of collected sums

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.
Acts 1949, No. 478, § 7; A.S.A. 1947, § 21-1107.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-501 - Definitions

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, utilization, and proper disposal of the state's water resources and related land resources in order to:
(1)
Provide for the people of the state adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes, water for navigation, and access to the state's lakes and streams, parks, and other recreational sites along their shores;
(2)
Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods; and
(3)
Collect or treat sewage, including without limitation, wastewater treatment plants, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.
Acts 1969, No. 217, § 1; 1973, No. 584, § 1; A.S.A. 1947, § 21-1317; Acts 2011, No. 26, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-502 - Construction - Surveys, reports, etc

(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 with respect to planning water development projects, nor to impair or prevent the consummation of any contract between local interests and agencies of the federal government respecting any existing or planned water development project as of August 7, 1969, by requiring any other or additional assurances, approvals, or contracting parties.
(b)
(1)
Nothing in this subchapter shall be construed to repeal, amend, alter, or affect any of the laws now governing levee or drainage districts or any of the powers, functions, and duties of the respective boards of any levee or drainage district in this state.
(2)
However, each levee or drainage district shall file with the Arkansas Natural Resources Commission a copy of any preliminary survey or report for any water development project being undertaken by the levee or drainage district as provided in §
15-22-503
and may otherwise cooperate with the commission under the provisions of this subchapter.
Acts 1969, No. 217, §§ 6, 17; A.S.A. 1947, §§ 21-1322, 21-1331.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-504 - Publication and availability of plan

(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 shall be made available to all interested state agencies, departments, commissions, and individuals in order to ensure that the provisions of this subchapter are complied with concerning water resource planning and development.
Acts 1975, No. 555, § 2; A.S.A. 1947, § 21-1332.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-506 - Cooperation with state or federal agencies - Project costs

(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)
Whenever any water development project of any federal agency is included in the plan, the commission shall so advise the appropriate federal agency and shall obtain from that federal agency an estimate of the entire amounts of nonfederal costs involved in the water development project.
(c)
(1)
Whenever it shall make a determination, based upon such estimates and its own study that the local nonfederal costs of the water development project may be amortized over the life of the water development project, the commission may give the appropriate federal agency constructing the water development project reasonable assurance, in writing, that the demands for the use of the water development project will be made within a period of time which will permit the paying out of the costs within the life of the water development project.
(2)
Nothing in subdivision (c)(1) of this section shall be construed as to commit the state government either to pay or guarantee the payment of such costs, and a statement to that effect shall be contained in any such writing.
(3)
Subdivision (c)(2) of this section shall not be so construed as to inhibit the right of the commission to pay any such costs as related to anticipated future demand or need whenever it shall have been provided with funds for that purpose.
(d)
Whenever funds are appropriated for that purpose and to the extent that they are available, the commission may use such funds for the following water development project costs:
(1)
Planning and engineering costs;
(2)
Costs of acquisition of necessary lands, rights-of-way, and easements;
(3)
Costs of necessary relocation of roads, highways, bridges, railroads, pipelines, power transmission lines, and other such properties;
(4)
Construction costs;
(5)
Project operation, maintenance, and replacement costs; and
(6)
Payment of interest on the unpaid balance of any of the itemized costs in this subsection.
Acts 1969, No. 217, § 3; 1973, No. 584, § 3; A.S.A. 1947, § 21-1319.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-507 - Arkansas Water Development Fund

(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 the principal of and interest on any water development bond issued by the commission.
(b)
The fund may consist of the following:
(1)
Cash funds, from whatever source received, on deposit by the commission in any one (1) or more banks qualifying for the deposit of public funds;
(2)
Savings accounts in any one (1) or more banks qualifying for such deposits of public funds; and
(3)
Bonds of the United States.
Acts 1969, No. 217, § 4; A.S.A. 1947, § 21-1320.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-511 - Exemption of commission property from mortgages and forced sales

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 may be pledged as provided in this subchapter.
Acts 1969, No. 217, § 12; A.S.A. 1947, § 21-1327.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-512 - Tax exemptions for commission property

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.
Acts 1969, No. 217, § 13; A.S.A. 1947, § 21-1328; Acts 2003, No. 598, § 3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 5 - WATER DEVELOPMENT PROJECTS GENERALLY (§§ 15-22-501 — 15-22-514) › Section 15-22-513 - Use of appropriated funds

(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 used in the discretion of the commission for meeting the debt service requirements of outstanding revenue bonds issued by the commission including the retirement thereof in advance of maturity by call or purchase on tender.
(b)
However, no tax moneys appropriated for maintenance of the commission may be pledged, as distinguished from used, to meet the debt service requirements of any revenue bonds issued by the commission.
Acts 1969, No. 217, § 15; A.S.A. 1947, § 21-1330; Acts 2003, No. 598, § 3.