15 CAR § 29-205 – Excess water for nonriparian withdrawal and use

(a) The statutory definition of excess water should be based on sound science.
(b)
1. (1) A deficit of legally available water has been identified within certain basins in the East Arkansas Water Resource Planning Region.
2. (2) The General Assembly should consider raising the twenty-five percent (25%) limitation for permitting excess surface water within these basins for nonriparian transfer upon completion of scientific studies validating the need for an increase and confirming water is seasonally available to protect and sustain instream, riparian, and other uses specified in state law.
(c)
1. (1) The scientific studies referenced in subsection (b) of this section will first be conducted in the East Arkansas Water Planning Region and then shall be conducted in the remaining regions in the following order:
  1. (A) South-central;
  2. (B) West-central;
  3. (C) North; and
  4. (D) Southwest.
2. (2) These studies will be conducted in collaboration with:
  1. (A) The Arkansas State Game and Fish Commission;
  2. (B) The Division of Environmental Quality;
  3. (C) The Department of Health; and
  4. (D) Other state, regional, and local agencies with constitutional and statutory water management duties.
(d) Continue to use the Arkansas Method in estimating the proportion of total available water needed to satisfy fish and wildlife flow needs in estimating excess water for nonriparian withdrawals and transfers.
(e) Through adaptive management, the Arkansas Natural Resources Commission will evaluate and assess alternative methods for estimating fish and wildlife flows, or other instream needs and uses, as more accurate, scientifically reviewed, and defensible methods become available.
(f) The Arkansas Natural Resources Commission will engage stakeholders in the planning regions through an open and transparent process as:
1. (1) Scientific studies are conducted; and
2. (2) Better scientific approaches become available and are proposed for use.