(a)

1. (1) Using all pertinent data, an analysis will be made to determine those areas that have developed, or trends indicate may develop, significant groundwater depletion or degradation.
2. (2) Designating an area indicates that limitation of withdrawals through the use of water rights may be necessary in order to maximize the present and continued beneficial use of the area's remaining groundwater resources.

(b) Indicators to be used in an analysis leading to a recommendation of a critical groundwater area will consist of, but not be restricted to, the following parameters:

1. (1) Water quantity.

   1. (A) For water table conditions (unconfined aquifer):

(i) Average declines of one foot (1’) or more have occurred annually for a minimum of five (5) years; and/or

1. (ii) Water levels have been reduced such that fifty percent (50%) or less of the formation is saturated.

   1. (B) For artesian conditions (confined aquifer):

      1. (i) Average declines of one foot (1’) or more have occurred annually for a minimum of five (5) years; and/or
      2. (ii) The potentiometric surface is at or below the top of the formation;
2. (2) Water quality. Groundwater quality has been degraded or trends indicate probable future degradation that would render the water unusable for the beneficial uses of the aquifer; and

3. (3) Projections/hydrologic boundaries. Consideration will be given to a safe yield of groundwater pumping strategy for the aquifer including:

   1. (A) The utilization of a groundwater flow model;
   2. (B) The natural hydrologic boundaries of the aquifer; and

   3. (C) Projected water level declines.

      1. (c)
4. (1) A report shall be prepared based on the indicators in subsection (b) of this section as well as specific geologic and hydrologic characteristics of the area judged by Arkansas Natural Resources Commission staff to warrant inclusion.

5. (2) The report shall contain a map showing:

   1. (A) Recommended boundaries; and

   2. (B) The explanation of proposed action.

      1. (d) A public hearing will then be conducted within each county of the proposed area in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(e) After consideration of all evidence, public comments, and recommendations of commission staff, the commission may issue an order designating the:

1. (1) Critical groundwater areas; and
2. (2) Boundaries thereof.