LIMITATIONS ON GROUND WATER WITHDRAWAL REGULATION UNDER THE ARKANSAS GROUND WATER PROTECTION AND MANAGEMENT ACT

Arkansas employs the riparian, reasonable use model of water use. In the mid-1950s, the Arkansas Supreme Court determined that Arkansas treats ground water use under the same theory that applies to surface water use.

The state legislature modified and clarified water law by statute. In 1991, the state legislature adopted the Arkansas Ground Water Protection and Management Act, Arkansas Code µ 15-22-901—914 (AGWPMA). The AGWPMA, provides for the declaration of “Critical Ground Water Areas” (CGWA) where the Arkansas Natural Resources Commission (ANRC) observes or projects significant ground water declines or degradation. Designation of a CGWA does not, by itself, allow state regulation of ground water use.

If voluntary efforts within a declared CGWA do not result in a reduction of decline or degradation, ANRC may conduct a second adjudication to institute a regulatory scheme to pre-permit and limit ground water withdrawal.

Though a 180-degree change from the eastern, riparian model to a more western, prior-appropriation model, institution of regulation would be of limited use under the current AGWPMA because of several exceptions, restrictions, and grandfather clauses.

This talk will examine those provisions of the AGWPMA that limit its effectiveness.