Water Plan Compliance

A.C.A. 15-22-503(e)(1) states that "No political subdivision or agency of the state shall spend any state funds on or engage in any water development project... until a preliminary survey and report therefore which sets forth the purpose of the project, the benefits to be expected, the general nature of the works of improvement, the geographic area to be served by the project, the necessity, feasibility, and the estimated cost thereof is filed with the commission and is approved by the commission to be in compliance with the plan."

The Commission adopted Title VI to set out the criteria for drinking water, drainage and flood control projects requiring Water Plan Compliance review.  The types of projects requiring review are:

  1. Projects that involve the development of new water supply source.
  2. Projects that utilize a new or different place of withdrawal.
  3. Projects that increase water treatment plant capacity.
  4. Projects involving system expansion that would result in an aggregate increase of existing and additional water demand being greater than 80 percent of existing water treatment capacity.
  5. Projects involving an expansion that would result in an increase of more than 20 percent of the current average water use.
  6. Projects involving flood control or drainage.
  7. Projects that would serve areas that are being served by other entities or projects that would serve areas on which other projects have, or have applied for, water plan certification.
  8. Master Plans providing the information requested in section 602.

To receive a Water Plan Compliance Final Determination, projects must submit an application, a Preliminary Engineering Report and a $200 application fee to the Commission. The application should include the following information:

  1. Full name, address and telephone and fax number of the applicant.
  2. Name of applicant's representative.
  3. Common name of the project printed in boldface capital letters.
  4. The name, address and telephone and fax number of applicant's consulting engineer.
  5. The name, address and telephone and fax number of applicant's attorney, if the applicant has an attorney.
  6. Anticipated date of commencement of operation of the project.
  7. List of all applications made to federal, state or local agencies for approval of the project or any portion thereof, and the action taken by said agencies.
  8. Political sub-division, agency, board or commission which will have responsibility for constructing, operating, managing or maintaining the project improvements. If more than one, then identify the responsibility of each.

Once the required information and fees are received, Commission staff will review the project proposal and provide recommendations for approval. A public hearing will be conducted to receive additional information or comment from the public concerning the proposed project. If the project is approved, the applicant will receive a Final Determination Letter stating the project complies with the State Water Plan.

Applicants will receive an Exemption Letter for projects that do not require Water Plan Compliance review.

No entity designated as having responsibility for constructing, operating, managing, and/or maintaining the project shall be dissolved, merged, abolished, or otherwise changed during the life of the water development project without prior approval of the Commission.

Persons violating the Rules and Regulations governing Water Plan Compliance are subject to fines and/or legal action.

You can download a copy of Title VI here.

For more information contact:
Dave Fenter, Grants Manager
Arkansas Natural Resources Commission
101 East Capitol Avenue, Suite 350, Little Rock, AR 72201
Phone: (501) 682-0543 Fax: (501) 682-3991
Email: dave.fenter@arkansas.gov