Arkansas Administrative Code › Agency 138 - Arkansas Natural Resources Commission › Rule 138.00.15-002 - Title 24: The Arkansas Water Plan

Current through Register Vol. 49, No. 6, June, 2024
Title
		  24
Arkansas Natural Resources Commission The Arkansas Water
		  Plan
Subtitle I.
The Arkansas
		  Water Plan
Section 2401.1
The
		  Arkansas Water Plan.
The Arkansas Natural Resources Commission will prepare, develop,
			 formulate, and engage in a comprehensive program for the orderly development
			 and management of the state's water and related land resources, to be referred
			 to as the "Arkansas Water Plan." The first edition of the Arkansas Water Plan
			 was published by the Commission in 1975 and updated in 1990 and
2014
.
Section
		  2401.2
Mission of the Arkansas Water Plan.
The Arkansas Water Plan is the state's comprehensive planning
			 process for the conservation, development, and protection of the state's water
			 resources, with a goal of long-term sustainable use for the health, well-being,
			 and environmental and economic benefit of the state.
Section 2401.3
Enabling and pertinent
		  legislation.
A. Ark. Code Ann. §
										15-20-201 et
		  seq., General Provisions (describing the Arkansas Natural Resources
		  Commission).
B. Ark. Code Ann.
		  §
										15-22-201
		  et seq., Allocation and Use of Water.
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 Groundwater Protection and Management Act.
F. Ark. Code Ann. §
										15-23-401
		  et seq., Arkansas River Compact.
G.
		  Ark. Code Ann. §
										15-23-501
		  et seq., Red River Compact.
H. Ark.
		  Code Ann. §
										15-24-101
		  et seq., Flood Control.
I. Ark.
		  Code Ann. §
										25-15-201 et
		  seq., Arkansas Administrative Procedure Act.
Section 2401.4
Commission adoption of
		  the Arkansas Water Plan.
A. 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. Through the planning process, the
		  Commission will identify priority water issues and adopt policy approaches for
		  the orderly development and management of the state's water and related land
		  resources.
C. Priority issues,
		  goals, and recommendations are effective upon adoption by the Commission
		  pursuant to the rulemaking provisions of the Arkansas Administrative Procedure
		  Act.
D. Technical reports
		  supporting the planning process are not binding policy or
		  rule.
Section 2401.5
Publishing the Arkansas Water Plan.
The Commission will maintain an electronic version of the
			 planning documents and supporting technical studies available to all interested
			 state agencies, departments, commissions, and individuals.
Section 2401.6
Ongoing supporting
		  technical studies.
The Arkansas Natural Resources Commission will gather, compile,
			 and analyze information on both the use of water in this state and the needs of
			 the citizens of this state and will make the information available to officials
			 of this state and to its citizens.
Section 2401.7
Definitions.
As used in these rules:
A. "Agricultural Irrigation Science Technical
		  Workgroup" means a voluntary group of technical experts and stakeholders who
		  will assist the Commission in ensuring the best possible data and science is
		  used to support agricultural water policy decisions. The Commission's Executive
		  Director will empanel the members.
B. "Arkansas Method" means the methodology
		  used to determine instream flow needs for fisheries when calculating the amount
		  of water that is legally available for nonriparian use. The Arkansas method
		  divides a year into three seasons based on physical processes that occur in the
		  stream and critical life cycle stages of fish and other aquatic organisms. The
		  mean monthly flow (MMF) of a stream is determined from the gauging network and
		  records. From November to March, the Arkansas Method specifies that 60% of MMF
		  is required; from April to June, 70% of MMF is needed, and from July to
		  October, 50% of MMF is necessary. (Steve Filipek, William E. Keith, and John
		  Giese,
The Status of the Instream Flow Issue in Arkansas
,
		  Proceedings of Arkansas Academy of Science, 1987, 43-48).
C. "Conjunctive Water Management" means use
		  of surface water and groundwater in combination to improve water availability
		  and reliability.
D. "Water
		  Resources Planning Region" means one of five regions of the state with similar
		  hydrology, economy, and geography. See map attached as Appendix A-1.
E. "Integrated Irrigation Water Conservation
		  Practices" means irrigation practices that conserve surface water, groundwater,
		  and energy as well as reducing financial costs, sediment load, and nutrient
		  runoff.
F. "Irrigation Water Use
		  Efficiency" means the overall efficiency of obtaining, distributing, and using
		  water for crop production.
G.
		  "Nutrient management plan" means a documented record of how nutrients will be
		  managed on a nutrient management unit prepared in accordance with United States
		  Department of Agriculture Natural Resources Conservation Service conservation
		  practice standards for Arkansas to guide and assist landowners and operators in
		  the use of fertilizers, litter, sewage sludges, compost and other nutrient
		  sources for soil fertility and protection of the waters within the
		  state.
H. "Priority issues " means
		  water resources issues identified during the planning process and selected by
		  the Commission as having long-term, statewide application requiring further
		  work to ensure water availability and quality.
I. "Sustainable yield" is development and use
		  of ground water resources in a manner that can be maintained for an indefinite
		  time without causing unacceptable environmental, economic, or social
		  consequences. (William M. Alley & Stanley A. Leake,
The journey
		  from safe yield to sustainability
, 42 Ground Water 1,
		  12-16).
J. "Target efficiency" is a
		  goal for irrigation water use formulated to conserve surface and groundwater,
		  save energy, and lower crop production cost.
K. "Technical reports" are any documents or
		  data helpful to the planning process.