Arkansas Administrative Code › Agency 138 - Arkansas Natural Resources Commission › Rule 138.00.05-008 - Title IV - Rules for the Protection and Management of Ground Water

Current through Register Vol. 49, No. 6, June, 2024
TITLE IV
RULES FOR THE PROTECTION AND MANAGEMENT OFGROUND
		  WATER
SUBTITLE I.
GENERAL
Section
		  401.1.
PURPOSE
. The purpose of these
		  rules is to establish a comprehensive ground water protection program that
		  encourages the conservation of ground water while protecting the beneficial use
		  of the aquifer for future generations.
Section
		  401.2.
ENABLING AND PERTINENT
		  LEGISLATION.
A. Ark. Code Ann.
		  §
										15-20-201 et
		  seq., Arkansas Natural Resources Commission.
B. Ark. Code Ann. §
										15-22-201
		  et seq., Allocation and Use, Generally.
C. Ark. Code Ann. §
										15-22-301 et
		  seq., Determination of Water Use Requirements.
D. Ark. Code Ann. §
										15-22-501
		  et seq., Water Development Projects Generally.
E. Ark. Code Ann. §
										15-22-901 et
		  seq., Arkansas Ground Water Protection and Management Act.
Section 401.3.
DEFINITIONS.
The following definitions shall apply to all parts of these rules:
A. Abandoned Water Well: A well whose use has
		  been permanently discontinued. Any well shall be deemed abandoned which is in
		  such a state of disrepair that continued use for the purpose of obtaining
		  ground water is impractical.
B.
		  Administrative Procedures Act: The Arkansas Administrative Procedures Act, Ark.
		  Code Ann. §
										25-15-201 et
		  seq.
C. Aquifer: A permeable,
		  water-bearing stratum of rock, sand, or gravel.
D. Arkansas Water Plan: The comprehensive
		  program developed by the Commission for the orderly development and management
		  of the State's water and related land resources.
E. Beneficial Use: The use of water in such
		  quantity as is economical and efficient and which use is for a purpose and in a
		  manner which is reasonable, not wasteful, and is compatible with the public
		  interest.
F. Commission: The
		  Arkansas Natural Resources Commission as defined in Ark. Code Ann. §
										15-20-201 et.
		  seq.
G. Conservation District: A
		  district created under the Conservation Districts Law, Ark. Code Ann. §
										14-125-101, et
		  seq.
H. Critical Ground Water Area:
		  An area judged by the Commission to have significant ground water depletion
		  and/or degradation, as defined in Ark. Code Ann. §
										15-22-503.
I. Director: The Executive Director of the
		  Arkansas Natural Resources Commission, as defined in Ark. Code Ann. §
										15-20-201 et
		  seq.
J. District: Conservation
		  district or regional water district.
K. Domestic Use:The use of water for ordinary
		  household purposes including human consumption, washing, the watering of
		  domestic livestock, poultry, and animals, and the watering of home gardens for
		  consumption by the household.
L.
		  Formation: A distinctive, mappable, layer or series of layers of rock, clay,
		  silt, sand, or gravel.
M. Ground
		  Water: Water beneath the surface of the ground.
N. Person: Any natural person, partnership,
		  firm, association, cooperative, municipality, county, public or private
		  corporation, and any federal, state, or local governmental agency.
O. Regional Water District: A regional water
		  distribution district created under the Regional Water Distribution District
		  Act, Ark. Code Ann. §
										14-116-101, et
		  seq.
P. Safe Yield of Ground Water:
		  The amount of water that can be withdrawn from an aquifer on a continuing basis
		  without causing serious depletion effects.
Q. Sustaining Aquifer: any aquifer, excluding
		  the state's all uvial aquifers, which is used as a significant source for water
		  supply including, but not limited to the Cockfield, Sparta, Memphis, Cane
		  River, Cariszzo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers.
R. Water Right: The authority or permission
		  issued by the Commission under this subchapter to use ground water within a
		  critical ground water area.
S.
		  Water Year: A twelve (12) month period beginning on October 1 of any year and
		  ending the next September 30.
T.
		  Well: Any hole dug, drilled, or otherwise constructed in the ground, for the
		  purpose of withdrawing ground water. For the purpose of these Rules, a well
		  also must have a potential flow rate of fifty thousand gallons per day (50,000
		  gpd) or greater.
Section
		  401.4.
POWERS OF THE COMMISSION
. The
		  Commission shall have all powers necessary to enforce the Arkansas Ground Water
		  Protection and Management Act, Ark. Code Ann. §
									15-22-901 et
		  seq., and to accomplish its purpose of establishing a comprehensive ground
		  water protection program to conserve ground water and to protect water quality.
		  These include the following powers:
A.
		  Promulgation of Rules: The Commission is authorized to adopt rules and
		  regulations for ground water classification and aquifer use, well spacing,
		  issuance of ground water rights within critical ground water areas, and
		  assessment of fees.
B. Delegation
		  of Authority:
1. The Commission may delegate
		  any and all powers to the Executive Director or his designee(s).
2. The Commission may delegate powers to
		  qualified districts within a critical ground water area.
C. Implementation and Enforcement: To
		  implement and enforce this Act, the Commission is authorized to:
1. Provide technical assistance and establish
		  guidelines for the designated districts.
2. Resolve disputes between, approve
		  regulations of, and hear appeals from decisions of designated
		  districts.
3. Enter upon property
		  to conduct studies or investigations, or to enforce this Act
4. Issue orders to implement or enforce any
		  of the provisions of this legislation in times of an emergency.
5. Issue subpoenas to witnesses to require
		  attendance and testimony, and/or production of documents in any proceeding
		  before the Commission.
6.
		  Administer oaths to witnesses in any hearing, investigation, or proceeding
		  before the Commission.
7. Provide
		  qualified persons with cost-share assistance from the Arkansas Water
		  Development Fund for up to 40% of the cost of installation of approved
		  conservation and development practices.