The following definitions shall apply to this part:

1. (1) “Affected persons” means persons, other than the petitioner, whose water rights could reasonably be affected by permitting or allocation of water under this part;
2. (2) “Allocation” means the assignment of an allowance of a specific quantity of water that may be removed from any given stream and transported away from the stream for a designated beneficial use during times of shortage;
3. (3) “Allocation level” means the level of a stream at which a water shortage occurs and the allocation process begins;
4. (4) “Arkansas Water Plan” means the comprehensive program for the orderly development and management of the state’s water and related land resources developed by the Arkansas Natural Resources Commission;

5. (5)

   1. (A) “Average annual yield” means the average of the quantity of water passing through a watershed each year during the applicable period of record.
   2. (B) In the event adequate records are not available for an arithmetic average, a suitable estimate may be computed;
6. (6) “Basin of origin” means the water basin from which an interbasin transfer of surface water is diverted;

7. (7) “Beneficial use” means the instream and offstream uses of water in such quantity as is economical and efficient and which use is for a purpose and in a manner that is:

   1. (A) Reasonable;
   2. (B) Not wasteful; and
   3. (C) Compatible with the public interest;
8. (8) “Commission” means the Arkansas Natural Resources Commission as defined in Arkansas Code § 15-20-201 et seq.;
9. (9) “Commissioner” means a member of the Arkansas Natural Resources Commission as defined in Arkansas Code § 15-20-201 et seq.;
10. (10) “Conservation district” means a district created under the Conservation Districts Law, Arkansas Code § 14-125-101 et seq.;

11. (11)

    1. (A) “Conservation plan” means a plan as evidenced by written document for implementation of economical and technically feasible practices for improving the efficiency of water use.

    2. (B) At a minimum, the plan shall address the following concerns where applicable:

       1. (i) Leakage and loss control;
       2. (ii) Water reuse;
       3. (iii) Promotion of water-saving devices;
       4. (iv) Drought emergency plans;
       5. (v) Irrigation system efficiency; and
       6. (vi) Tailwater recovery;
12. (12) “Critical surface water area” means an area where current water use, projected water use, or quality degradation has or will cause a shortage of useful water within a relatively short period of time for a sufficient length of time to be expected to cause prolonged economic or environmental problems;

13. (13) “Diffused surface water” means water occurring naturally on the surface of the ground other than in natural or altered:

    1. (A) Stream channels;
    2. (B) Lakes; or
    3. (C) Ponds;
14. (14) “Director” means the Director of the Arkansas Natural Resources Commission as defined in Arkansas Code § 15-20-201 et seq.;
15. (15) “District” means conservation district or regional water district;
16. (16) “Diverter” means any person that removes water from any source and makes any use thereof;

17. (17) “Domestic use” means the use of water for ordinary household purposes including:

    1. (A) Human consumption;
    2. (B) Washing;

    3. (C) The watering of domestic:

       1. (i) Livestock;
       2. (ii) Poultry; and
       3. (iii) Animals; and
    4. (D) The watering of home gardens for consumption by the household;

18. (18) “Excess surface water” means twenty-five percent (25%) (to automatically increase to any higher percentage authorized by the General Assembly simultaneous with the effective date of any such act) of the average annual yield from any watershed above that amount, as determined by the Arkansas Natural Resources Commission, required to satisfy all of the following that are applicable:

    1. (A) Riparian and nonriparian usage reported for the 1989 water year as provided for in 15 CAR § 20-201 et seq.;
    2. (B) The water needs of federal water projects as they existed on June 28, 1985;
    3. (C) The firm yield of all affected reservoirs existing on June 28, 1985;

    4. (D)

       1. (i) Maintenance of minimum streamflows for the following streams:

          1. (a) (a) Arkansas River from Oklahoma boundary to mouth;
          2. (b) (b) Black River from Missouri boundary to mouth;
       2. (c) (c) Eleven Point River from Missouri boundary to mouth;

       3. (d) (d) Ouachita River from Lake Catherine to Louisiana boundary;

          1. (e) (e) Red River from Texas boundary to Louisiana boundary;
          2. (f) (f) St. Francis River from Marked Tree to mouth;
          3. (g) (g) Spring River from Missouri boundary to mouth; and
          4. (h) (h) White River below Bull Shoals Lake to mouth.
       4. (ii) These constitute an initial phase.
       5. (iii) Other streams will be added as needs arise and resources are made available; and
    5. (E) Future water needs of the watershed as projected in the Arkansas Water Plan, 15 CAR pt. 29;
19. (19) “Firm yield” means the maximum amount of water the reservoir will yield based upon the worst period of record, recognizing that a more severe drought than any on record may occur;
20. (20) “Interbasin transfer” means the transfer of water between basins except transfers across a basin boundary by a riparian as described in 15 CAR § 20-501 et seq.;

21. (21)

    1. (A) “Intermittent stream” means those streams whose flow is seasonal in nature and does not flow continuously.
    2. (B) The intent of the Arkansas Natural Resources Commission is to define intermittent streams by a statistical method once sufficient streamflow data is available at the conclusion of the low-flow characteristics of Arkansas streams study;
22. (22) “Intrabasin transfer” means the transfer of water within a basin as described in 15 CAR § 20-401 et seq.;

23. (23) “Minimum streamflow” means the quantity of water required to meet the largest of the following instream flow needs as determined on a case-by-case basis:

    1. (A) Aquifer recharge;
    2. (B) Fish and wildlife;
    3. (C) Interstate compacts;
    4. (D) Navigation; or
    5. (E) Water quality;
24. (24) “Municipal domestic use” means the use of water for ordinary household purposes, including human consumption, laundry, bathroom facilities, fire protection, and the watering of home gardens, that is distributed by a central distribution system;

25. (25) “Navigable stream” means any watercourse that:

    1. (A) The federal government or the laws of the State of Arkansas declare to be navigable; or
    2. (B) Can be found to be navigable as a matter of fact;
26. (26) “Nonconsumptive use” means the withdrawal of water for use in a manner that results in an approximately equal volume of water being returned to the same surface water body from which it was withdrawn;
27. (27) “Nonriparian owner” means the owner of land that is not contiguous to surface water and who has not obtained access to surface water by lease, easement, or other method prior to March 1, 1990;
28. (28) “Nonriparian water right” means a permit issued under this part to use excess surface water;
29. (29) “Permittee” means the holder of a water right permit;

30. (30) “Person” means any:

    1. (A) Natural person;
    2. (B) Partnership;
    3. (C) Firm;
    4. (D) Association;
    5. (E) Cooperative;
    6. (F) Municipality;
    7. (G) County;
    8. (H) Public or private corporation; and
    9. (I) Federal, state, or local governmental agency;
31. (31) “Petitioner” means a person, other than the Arkansas Natural Resources Commission, who seeks allocation of water through the Arkansas Natural Resources Commission’s rules;
32. (32) “Regional water district” means a district created under The Regional Water Distribution District Act, Arkansas Code § 14-116-101 et seq.;

33. (33)

    1. (A) “Riparian landowner” means the holder in fee, leasehold, easement, or other acquired access of any land that is contiguous to surface water in the State of Arkansas.
    2. (B) Provided, however, that the leasehold, easement, or other acquired access must have been acquired prior to March 1, 1990.
    3. (C) Flowage easements will not invalidate the riparian rights of the landowner;
34. (34) “Riparian water rights” means rights to water that accrue to riparian landowners;
35. (35) “Shortage” means when there is not sufficient water in a stream to meet all beneficial uses;
36. (36) “Stream” means a stream of water and its channel, including springs, lakes, or marshes in which the stream originates or through which it flows, where the stream flows in a reasonably definite channel, but excluding a depression, swale, or gully through which diffused water flows;

37. (37) “Surface water” means water occurring on the surface of the ground in:

    1. (A) Lakes;
    2. (B) Ponds; and
    3. (C) Natural or channelized streams;
38. (38) “Tailwater recovery system” means a system for recovery and reuse of water by the same diverter;
39. (39) “Water year” means a twelve-month period beginning on October 1 of any year; and
40. (40) “Watershed” means the drainage area of a stream and its tributaries.