§ 15-22-215 — Certificates of registration - Water diversion - Exceptions

Arkansas § 15-22-215

• Jurisdiction: Arkansas
• Title: 15

Text

(a) Any person diverting water from any stream, lake, or pond, except those natural lakes or ponds in the exclusive ownership of one (1) person, shall register the diversion with the Arkansas Natural Resources Commission or his or her local conservation district. (b) Each registration shall set forth: (1) The name and post office address of the registrant; (2) The source of water supply and location of the point of diversion, the manner of diversion, whether a dam is utilized, and the size and location of any such dam; (3) The purpose for the water diversion; (4) The estimated quantity of water diverted for direct use and the quantity of water stored away from the point of diversion for use when needed; (5) The location of the land on which the water is used, and, if for irrigation, the area and legal description of the lands irrigated, which may be depicted by the use of appropriate maps, and the kinds of crops cultivated under irrigation during the year; (6) The times during the water year that the water was diverted; and (7) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas. (c) (1) The registration shall be based upon a water year, the twelve-month period beginning October 1 and ending the next September 30. (2) Registrations shall be submitted annually no later than March 1 for the prior water year. (d) After the initial registration, persons whose water use remains unchanged from the prior year need only report no change in water use. (e) Upon receipt of the registration by the commission, it shall be the duty of the commission to furnish to the registrant a certificate of registration containing all the information as set forth by the registrant. (f) (1) In any proceeding before any court or the commission for the adjudication of rights to divert water from any stream, lake, or pond, no party shall be granted any allocation of water above that required for domestic use unless he or she has complied with the provisions of this section. (2) However, this section shall not operate to allow a nonriparian use of water to supersede, subordinate, or otherwise take priority or precedence over a riparian right to divert water from a stream, lake, or pond. (g) (1) Any person who fails to register a diversion as required by subsections (a) and (b) of this section shall be subject to a late reporting fee of not more than five hundred dollars ($500) for each year he or she fails to register. (2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee. (3) All fees received shall go to the Arkansas Water Development Fund.

Legislative History

Acts 1957, No. 81, § 18, as added by Acts 1969, No. 180, § 6; A.S.A. 1947, § 21-1316; Acts 1989, No. 408, § 1.