Act 81 of 1957 as amended, empowers
the Arkansas Natural Resources Commission (ANRC) to register
the use of all surface water. Act 1051 of 1985 requires the registering
of all non-domestic ground water use with the Commission. Act 154 of 1991
provides the Commission the authority to develop a comprehensive ground
water protection program, designate critical ground water areas, cost-share
on installation of water conservation practices, establish ground water
rights within critical areas, establish fees for ground and surface water
withdrawals, develop an education/information program, and delegate management
powers to regional water districts and conservation districts.
Act 81 of 1957 requires all diverters of surface
water (streams, lakes, ponds, etc.) to register their diversion of surface
water by quantity, location, type of use and name of user on an annual
basis with the Commission. Exceptions to this rule are withdrawals of less
than one acre-foot a year, diffused surface water or those natural lakes
or ponds in exclusive ownership of one person. However, if that lake or
pond is fed by or refilled by a well or another surface water source that
source may need to be registered. The Commission is required to furnish
each registrant a Certificate of Registration. The Commission utilizes
these registrations for the allocation of water and as a basis for determining
the state’s overall usage and water needs for inclusion in the Arkansas
Water Plan.
Act 1051 of 1985 requires all users of ground water
to register their withdrawal of ground water, excluding water withdrawn
from individual household wells used exclusively for domestic use and wells
having a maximum potential flow rate of less than 50,000 gallons a day.
The quantity, location, type of use and name of user must be registered
on an annual basis with the Commission. The Commission utilizes these registrations
to help establish a comprehensive ground water protection program.
Act 154 of 1991 requires all users of surface and ground
water be assessed an annual water use fee in the amount of $10 per registered-surface
water diversion and $10 per registered well, which are payable at the time
of water use reporting, (October 1 through March 1). Fees collected will
be utilized for cost-share on water conservation practices, administration,
and information/education programs.
Act 154 of 1991 also requires a regulatory program.
The requirement of a water right for the utilization of a well applies
only to critical ground water areas in which the Commission has declared
the regulatory program to be in effect. The regulatory program and issuance
of water rights are limited to critical areas only. Critical ground water
areas designation will be effective after public hearings are held describing
the proposed action, the reasons therefore, and the recommended boundaries.
These public hearings will be held in every affected county. There will
be no limitations on ground water pumpage unless an affordable alternative
exists. Existing wells will be exempt from the regulatory program under
the "grandfather clause" or this Act. Exemptions from the regulatory program
may also be granted if an individual can demonstrate a 20 percent reduction
in ground water use or an implemented conversion plan. Water rights are
transferable to replacement wells. Within one year of the establishment
of the regulatory authority, newly constructed wells will be issued a water
right for the amount requested.
Contact: Mike Guess, Water-Use Specialist
Arkansas Natural Resources Commission
101 East Capitol Avenue, Suite 350 Little Rock, AR 72201
Phone: (501) 682-3953 Fax: (501) 682-3991
E-mail: mike.guess@arkansas.gov
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