§ 15-22-303 — Out-of-state transportation and use of water

(a) The State of Arkansas has long recognized the importance of the conservation of the waters within this state and the necessity to maintain adequate water supplies to meet the state's present and future water requirements. The state also recognizes that under appropriate conditions, out-of-state transportation and use of its waters is not in conflict with the public welfare of its citizens or the conservation of its waters. (b) Any person or entity desiring to withdraw water from any water source within this state and transport it for use outside the state shall so notify the Arkansas Natural Resources Commission. The commission shall research the request and recommend to the General Assembly at its next regular session whether the transfer would be in the public interest of the citizens of this state. (c) In arriving at its conclusion, the commission shall consider, among other things, the following factors: (1) The supply of water available in the State of Arkansas; (2) The present and future water demands of water users in this state; (3) Whether there are water shortages within the state; (4) Whether the water that is the subject of the proposed transfer could feasibly be transported to alleviate water shortages within this state; (5) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and (6) The demands placed upon the applicant's supply in the state where the applicant intends to use the water. (d) No water may be stored, withdrawn, or diverted for use outside the State of Arkansas unless approved by the General Assembly and by interstate compact under the provisions of § 15-20-207 . However, this prohibition does not apply to marketers of bottled water.

Legislative History

Acts 1985, No. 1051, § 4; A.S.A. 1947, § 9-130.