(a) The Director of the Arkansas Natural Resources Commission may place upon a permit any special conditions necessary to:

1. (1) Ensure that the water to be diverted is excess surface water; and
2. (2) Guarantee a reasonable and beneficial use of the water.

(b)

1. (1) The special conditions may include any reasonable limitations or conditions to:

   1. (A) Protect the environment of the watershed of origin; and
   2. (B) Ensure against an unacceptable adverse impact of the transfer on other lawful water uses.
2. (2) An example would be limitations on season or time of withdrawal.

(c)

1. (1) The director may require the applicant to transfer more water than the applicant plans to use so that it may be made available to others in the immediate vicinity of the proposed route of transportation.
2. (2) The permittee may also be required to contract with other users for the transportation of a specific quantity of water for a specific period at a reasonable price to be paid to the permittee by the other users.
3. (3) The price must be based only on the cost of transportation of the water and not for the water itself.