Arkansas Water Plan &

Non-Riparian Water Use

Arkansas Natural Resources Commission Little Rock, Arkansas

Saline River, near Benton AR

Overview

State Resources

Current State Water Plan

Title III - Non-Riparian Water Use Program

State Water Plan Update

ANRC Mission Statement: “To manage and protect our water

and land resources for the health, safety and economic benefit of the State of Arkansas.”

The Natural State

Average 54 inches of rainfall annually Population approximately 2.7 million 600,000 acres of lakes 9,700 miles of streams and rivers 2 ½ million acres of national forests 6 national park sites 7 national scenic byways 3 state scenic byways 50 state parks

Kings River Falls – near Boston, AR

Fish & Wildlife Enhancement

Industry

Agriculture

Recreation

State Water Use

Current Arkansas Water Plan

The Arkansas Water Plan

Arkansas Code § 15-22-503 (1969) “…a comprehensive program for the

orderly development and management of the state’s water and related land resources…”

“..the plan shall be the state policy for the development of water and related land resources in this state…”

Pre- and Post-1969

1939 Report 1975 Report

1990 Revision

http://www.anrc.arkansas.gov/StateWaterPlan.html

System inventories Water Plan Compliance

12 Basin reports & Executive Summary

Arkansas Basin Reports

Defined by drainage basins of principle rivers

Quantification of surface & groundwater

Baseline for water management activities

Challenges Identified in 1990

Project financing Surface water supply Ground water depletion Availability of excess surface water Non-point source pollution Recreation Lack of public awareness of water issues

Results of 1990 Recommendations

General obligation bond program Revised ANRC surface water rules Arkansas Groundwater Protection and

Management Act (1991) Tax credit programs for conversion from

ground to surface water use Non-point pollution program in cooperation

with EPA Excess surface water projects

Title III - RULES FOR THE UTILIZATION OF SURFACE WATER

Water Use Registration Program Non-Riparian Water Use Permit Program Excess Surface Water

defined as 25% of the average annual yield from any watershed above that amount required to satisfy all of the following:• Registered use prior to 1989• Firm yield of all affected reservoirs existing on June 28, 1985• Maintenance of minimum stream flows where established• Future projected water needs

Water Rights

Reasonable Use Doctrine “fair share”

Associated with land Allocation priorities

Sustain life Maintain health Increase wealth

Riparian vs. Non-Riparian

Riparian Water Use - Use of surface waters on land that is contiguous to the source surface water

Includes easements and leased land if the lease or easement was acquired prior to March 1, 1990.

Non-Riparian Water Use – Use of surface water on land that is not contiguous to the surface water

Water Rights associated with land

Riparian Land

Non-Riparian

Rule of Thumb

If the water will cross property lines before use,

an application must be submitted to be in

compliance with the program.

SWP Basin Annual Stream-flowsPermitted Totals As Of September 2011

Basin Name ARKANSAS DELTA/EAST ARK RED RIVER OUACHITA WHITE

Drainage (SQMI) 10,409 11,210 4,488 13,067 11,684

Basin SW Yield (AC-FT) 29,900,000 62,600,000 25,418,689 16,400,000 18,300,000

Instream Flow (AC-FT) 18,600,000 39,100,000 15,251,088 10,500,000 11,200,000

Future Needs (AC-FT) 600,000 1,500,000 860,073 1,500,000 300,000

Available SW (AC-FT) 10,700,000 16,700,000 9,307,744 4,400,000 6,800,000

Excess (AC-FT) 2,700,000 4,200,000 2,326,936 1,100,000 1,700,000

Permitted (AC-FT) 126,061 674,815 0 126,085 43,107

Percent of Excess Permitted 5% 16% 0% 11.5% 2.5%

Dense Activity Counties

Regional Planning

Water Plan UPDATE 2011-2014

Ongoing Revision

The plan “…shall from time to time be revised, updated, and amended as new information, projects and developments shall occur…” Arkansas Code §15-22-504

This is an ongoing process: the annual report on groundwater, project approvals, and other research and planning, build the body of knowledge under the plan

Potential for Arkansas Water Plan Comprehensive Revision

We can learn from other state’s recent efforts Public participation component The process should be comprehensive, since

the legislature intended the plan to guide our public water policy: “All state agencies, commissions, and political subdivisions shall take the plan into consideration in all matters pertaining to the discharge of their respective duties and responsibilities…”

Major Components

Law and policy research and discussion

Public education and outreach Technical analysis

Current supply/quality Future supply Current infrastructure Future infrastructure

Broad Process Steps

Scoping Resource inventories and data gathering Forecasting availability, need, & limitations Management strategy development

(Public participation begins)(Regional basis)

Plan development (Heavy public involvement)(Regional basis)

Plan implementation and updating

2011 Actions

Appoint a small scoping committeeScoping meetingsSolicit engineering/environmental

firms to conduct resource assessments of surface and ground water and infrastructure

Water education program

“Water encyclopedia”

2011 2012 2013 2014

Scoping

Resource assessments

Forecasting

Regional management strategy formulation

Draft plan &Public review

Planning phase

Water education program

Technical phase

Projected timeline for Arkansas Water Plan update

Policy review and public involvement

28

Legislature

Draft Legislation

Conclusion State Resources State Water Plan (Current & Update) Non-Riparian Water Use

Take home message: Update to the state water plan is currently underway, and your input is needed!

Stay informed:• www.anrc.arkansas.gov• www.Arkansaswater.org• Facebook: Arkansas Water Plan

Get involved:• Water education program• Data collection/review• Policy review• Public meetings

ANRC is working cooperatively with stakeholders, state and federal agencies, industry personnel, and the public to ensure that we protect the states abundant water resources within the scope of our authority

QUESTIONS?

Dannielle.Gray@arkansas.gov (501) 682-3915