After the Arkansas Natural Resources Commission determines that regulation is necessary within a critical area, and after it declares that water rights are required for water withdrawal, the following procedures will be observed:
- (1) Registered users of groundwater within the critical groundwater area will be individually evaluated for issuance of a water right unless exempted from regulation under 15 CAR § 21-405;
(2)
(A) The commission will issue water rights to registered users after review, considering:
- (i) Exemption status; or
- (ii) Other options under this part.
- (B) Reporting and monitoring procedures will be defined and appropriate forms provided;
(3)
- (A) A periodic review of all wells within the designated critical groundwater area will be conducted by the commission to determine reporting compliance.
- (B) Any person using groundwater without having registered or any person deliberately reporting incorrect usage will be charged as provided in 15 CAR §§ 21-206 – 21-208; and
- (4) All determinations for the current water year shall have been made by March 1 of the preceding water year.