(a)
- (1) Within one (1) year of initiation of the regulatory authority, the Arkansas Natural Resources Commission shall, upon application, issue to an applicant within the critical water use area a water right for existing wells equal to the average quantity of water withdrawn for beneficial use over the past three (3) water years.
- (2) For wells with reported use levels significantly below normal use levels, prior water year use reports may be used to determine the three-year average above.
- (b) For new wells constructed during the first year of initiation of the regulatory authority as provided in 15 CAR § 21-402, the commission shall, upon application, issue to an applicant within the critical water use area, a water right equal to the quantity of water necessary for beneficial use.
- (c) Failure to apply within this first year of initiation of regulation of authority shall create a conclusive presumption of abandonment of use.
- (d) Water rights issued under this section shall be exempt from the public notice requirements.