The following definitions shall apply to this part:

1. (1)

   1. (A) “Abandoned water well” means a well whose use has been permanently discontinued.
   2. (B) Any well shall be deemed abandoned which is in such a state of disrepair that continued use for the purpose of obtaining groundwater is impractical;
2. (2) “Administrative Procedure Act” means the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;

3. (3) “Aquifer” means a permeable, water-bearing stratum of:

   1. (A) Rock;
   2. (B) Sand; or
   3. (C) Gravel;
4. (4) “Arkansas Water Plan” means the comprehensive program developed by the Arkansas Natural Resources Commission for the orderly development and management of the state’s water and related land resources;

5. (5) “Beneficial use” means the use 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;
6. (6) “Commission” means the Arkansas Natural Resources Commission as defined in Arkansas Code § 15-20-201 et seq.;
7. (7) “Conservation district” means a district created under the Conservation Districts Law, Arkansas Code § 14-125-101 et seq.;
8. (8) “Critical groundwater area” means an area judged by the Arkansas Natural Resources Commission to have significant groundwater depletion and/or degradation as defined in Arkansas Code § 15-22-503;
9. (9) “Director” means the Director of the Arkansas Natural Resources Commission as defined in Arkansas Code § 15-20-201 et seq.;
10. (10) “District” means conservation district or regional water district;

11. (11) “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;

12. (12) “Formation” means a distinctive, mappable layer or series of layers of:

    1. (A) Rock;
    2. (B) Clay;
    3. (C) Silt;
    4. (D) Sand; or
    5. (E) Gravel;
13. (13) “Groundwater” means water beneath the surface of the ground;

14. (14) “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;
15. (15) “Regional water district” means a regional water distribution district created under The Regional Water Distribution District Act, Arkansas Code § 14-116-101 et seq.;
16. (16) “Safe yield of groundwater” means the amount of water that can be withdrawn from an aquifer on a continuing basis without causing serious depletion effects;
17. (17) “Sustaining aquifer” means any aquifer, excluding the state’s alluvial aquifers, that is used as a significant source for water supply including, but not limited to the Cockfield, Sparta, Memphis, Cane River, Cariszzo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers;
18. (18) “Water right” means the authority or permission issued by the Arkansas Natural Resources Commission under this part to use groundwater within a critical groundwater area;
19. (19) “Water year” means a twelve-month period beginning on October 1 of any year and ending the next September 30; and

20. (20)

    1. (A) “Well” means any hole dug, drilled, or otherwise constructed in the ground for the purpose of withdrawing groundwater.
    2. (B) For the purpose of this part, a well also must have a potential flow rate of fifty thousand gallons per day (50,000 gpd) or greater.