SUBTITLE I.
Section
401.2.
ENABLING AND PERTINENT
LEGISLATION.
A. Ark. Code Ann. §
15-20-201 et
seq., Soil and Water Conservation Commission.
B. Ark. Code Ann. §
15-22-201
et seq., Allocation and Use, Generally.
C. Ark. Code Ann. §
15-22-301 et
seq., Determination of Water Use Requirements.
D. Ark. Code Ann. §
15-22-501
et seq., Water Development Projects Generally.
E. Ark. Code Ann. §
15-22-901 et.
seq., Arkansas Ground Water Protection and Management Act.
Section 401.3.
DEFINITIONS.
The following definitions shall apply to all parts of these rules:
A. Abandoned Water Well: A well whose use has
been permanently discontinued. Any well shall be deemed abandoned which is in
such a state of disrepair that continued use for the purpose of obtaining
ground water is impractical.
B.
Administrative Procedures Act: The Arkansas Administrative Procedures Act, Ark.
Code Ann. §
25-15-201 et
seq.
C. Aquifer: A permeable,
water-bearing stratum of rock, sand, or gravel.
D. Arkansas Water Plan: The comprehensive
program developed by the Commission for the orderly development and management
of the State's water and related land resources.
E. Beneficial Use: The use of water in such
quantity as is economical and efficient and which use is for a purpose and in a
manner which is reasonable, not wasteful, and is compatible with the public
interest.
F. Commission: The
Arkansas Soil and Water Conservation Commission as defined in Ark. Code Ann. §
15-20-201 et.
seq.
G. Conservation District: A
district created under the
Conservation Districts Law, Ark. Code Ann. 014-125-101, et
seq.
H. Critical Ground
Water Area: An area judged by the Commission to have significant ground water
depletion and/or degradation, as defined in Ark. Code Ann. §
15-22-503.
I. Director: The Executive Director of the
Arkansas Soil and Water Commission, as defined in Ark. Code Ann. §
15-20-201 et
seq.
J. District: Conservation
district or regional water district.
K. Domestic Use: The use of water for
ordinary household purposes including human consumption, washing, the watering
of domestic livestock, poultry, and animals, and the watering of home gardens
for consumption by the household.
L. Formation: A distinctive, mappable, layer
or series of layers of rock, clay, silt, sand, or gravel.
M. Ground Water: Water beneath the surface of
the ground.
N. Person: Any natural
person, partnership, firm, association, cooperative, municipality, county,
public or private corporation, and any federal, state, or local governmental
agency.
O. Regional Water District:
A regional water distribution district created under the Regional Water
Distribution District Act, Ark. Code Ann. §
14-116-101, et
seq.
P. Safe Yield of Ground Water:
The amount of water that can be withdrawn from an aquifer on a continuing basis
without causing serious depletion effects.
Q. Sustaining Aquifer: any aquifer, excluding
the state's alluvial aquifers, which is used as a significant source for water
supply including, but not limited to the Cockfield, Sparta, Memphis, Cane
River, Cariszzo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers.
R. Water Right: The authority or permission
issued by the
Commission under this subchapter to use ground water within a
critical ground water area.
S. Water Year: A twelve (12) month period
beginning on October 1 of any year and ending the next September 30.
T. Well: Any hole dug, drilled, or otherwise
constructed in the ground, for the purpose of withdrawing ground water.
For the purpose of these Rules, a well also must have a potential
flow rate of fifty thousand gallons per day (50,000 gpd) or greater.
Section 401.4.
POWERS OF THE COMMISSION. The Commission shall have
all powers necessary to enforce the Arkansas Ground Water Protection and
Management Act, Ark. Code Ann. §
15-22-901 et
seq., and to accomplish its purpose of establishing a comprehensive ground
water protection program to conserve ground water and to protect water quality.
These include the following powers:
A.
Promulgation of Rules: The Commission is authorized to adopt rules and
regulations for ground water classification and aquifer use, well spacing,
issuance of ground water rights within critical ground water areas, and
assessment of fees.
B. Delegation
of Authority:
1. The Commission may delegate
any and all powers to the Executive Director or his designee(s).
2. The Commission may delegate powers to
qualified districts within a critical ground water area.
C. Implementation and Enforcement: To
implement and enforce this Act, the Commission is authorized to:
1. Provide technical assistance and establish
guidelines for the designated districts.
2. Resolve disputes between, approve
regulations of, and hear appeals from decisions of designated
districts.
3. Enter upon property
to conduct studies or investigations, or to enforce this Act
4. Issue orders to implement or enforce any
of the provisions of this legislation in times of an emergency.
5. Issue subpoenas to witnesses to require
attendance and testimony, and/or production of documents in any proceeding
before the Commission.
6.
Administer oaths to witnesses in any hearing, investigation, or proceeding
before the Commission.
7. Provide
qualified persons with cost-share assistance from the Arkansas Water
Development Fund for up to 40% of the cost of installation of approved
conservation and development practices.