The following are exceptions to the Arkansas Natural Resources Commission’s powers in critical groundwater areas:

1. (1) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered under the provisions of 15 CAR § 21-403(a) unless alternative surface supplies are available or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical area, including depreciation costs over the life of the well;
2. (2) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of 15 CAR § 21-403 unless alternative surface supplies are available;
3. (3) There will be no reduction or limitation for a period of four (4) years of the withdrawal of groundwater from an existing well or a well constructed during the first year following initiation of the regulatory authority and for which a water right is issued under the provisions of 15 CAR § 21-403;

4. (4) There will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under 15 CAR § 21-403 and for which the person holding the right can demonstrate:

   1. (A)

      1. (i) A reduction of twenty percent (20%) of his or her use of groundwater by either:

         1. (a) (a) Institution of water conservation measures; or
         2. (b) (b) Conversion to surface supplies.
      2. (ii) The demonstrated reduction must be based on the use reported in water year 1986 or later; or
   2. (B) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission regardless of the date of implementation;
5. (5) There will be no regulation of the withdrawal of groundwater from existing or proposed wells which have a maximum potential flow rate of less than fifty thousand gallons per day (50,000 gpd);
6. (6) There shall be no regulation of the withdrawals of groundwater from individual household wells used exclusively for domestic use;

7. (7) Replacement wells:

   1. (A)

      1. (i) The owner of an existing well may construct a replacement well after abandoning the existing well.

      2. (ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating:

         1. (a) (a) The location and ownership of the original and replacement wells; and
         2. (b) (b) Other relevant information required by the commission; and

   2. (B) The original well must be:

      1. (i) Converted to a nonregulated use; or
      2. (ii) Abandoned in the manner prescribed by the Arkansas Water Well Construction Commission under Section 15.2 Arkansas Water Well Construction Code Rules and Regulations (Revised July 1988);
8. (8) Marketers of bottled water and public water supply systems shall at no time be restricted in the place of use of groundwater; and

9. (9) New wells constructed during the first year of initiation of regulatory authority:

   1. (A) The commission shall, upon application, issue to the applicant within the critical water use area a water right equal to the quantity of water requested to be withdrawn for beneficial use; and
   2. (B) There will be no reduction or limitation for a period of four (4) years of the withdrawal of groundwater from wells constructed during the first year following initiation of the regulatory authority as provided under 15 CAR § 21-303 and for which a water right is issued under the provisions of subdivision (7) of this section.