Regulation in a designated critical groundwater area will be initiated and monitored through the following procedures:

1. (1) When an aquifer assessment does not indicate satisfactory progress, Arkansas Natural Resources Commission staff will:

   1. (A) Prepare a report detailing the conditions; and
   2. (B) Recommend that regulation be implemented;

2. (2) Before initiation of regulation of the area, the commission shall describe the:

   1. (A) Proposed action;
   2. (B) Reasons therefore; and
   3. (C) Recommended boundaries, if they differ from the previous critical area designation;

3. (3) Registered users will be notified of the commission’s intent to:

   1. (A) Implement regulation; and
   2. (B) Issue them a water right for allocation of groundwater beginning on a specified date;
4. (4) After notice is given, a public hearing will be conducted within each county of the area in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
5. (5) After consideration of all evidence, public comments, and recommendations of commission staff, the commission may issue an order implementing regulation of withdrawals within designated critical groundwater areas; and
6. (6) After an order by the commission implementing regulation, no person shall withdraw groundwater from an existing well or construct a new well within the critical groundwater area without first obtaining a water right.