Section 15-22-905 - Powers of commission - LimitationsThe following provisions shall limit the Arkansas Natural Resources Commission's powers under this subchapter:
(1)(A) 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 § 15-22-910(a)(1) unless alternative surface water 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 groundwater area, including depreciation costs over the life of the well.(B) 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 § 15-22-910(a)(1) unless alternative surface supplies are available;(2)(A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate:(i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or(ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission.(B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals;(3) 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 (50,000 gals.) per day;(4) There shall be no regulation of the withdrawals of groundwater from individual household wells used exclusively for domestic use;(5) With respect to replacement wells:(A)(i) The owner of an existing well may construct a replacement well after abandoning the existing well.(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 the location and ownership of the original well and replacement well and other relevant information required by the commission; and(B) The original well must be converted to a nonregulated use or plugged in the manner prescribed by the commission; and(6) Marketers of bottled water and public water supply systems shall at no time be restricted in the place of use of groundwater.Amended by Act 2017, No. 374,§ 33, eff. 8/1/2017.Amended by Act 2017, No. 374,§ 32, eff. 8/1/2017.Acts 1991, No. 154, § 6; 1991, No. 342, § 6; 2001, No. 1426, §§ 2, 3.