(a) Within thirty (30) days following the hearing, the Director of the Arkansas Natural Resources Commission shall render his or her decision in granting or denying the application for interbasin transfer of water, with any special conditions to be placed thereon to:
- (1) Protect the watershed of the basin of origin; and
- (2) Ensure against an adverse impact of the transfer on other lawful water users.
(b) The director shall grant a permit after he or she determines that:
- (1) The water to be used interbasin by a nonriparian will be excess surface water as defined herein;
- (2) The proposed use is a reasonable and beneficial use; and
- (3) The transfer will cause no significant adverse environmental impact in the basin of origin.
(c) In determining the reasonableness of the proposed use the director may consider the following:
- (1) The lack of availability at a reasonable cost of alternative sources of water;
- (2) The environmental impact of the proposed transfer; and
- (3) The effect of the proposed transfer on other lawful water uses.