2541 - NATIONAL FOREST SYSTEM WATER RIGHTS. 

 

Arkansas State laws affecting National Forest water use and development.

 

            1.  Riparian Doctrine.  Arkansas has adopted the reasonable use theory through the judicial system, which entitles each riparian owner use of the water as long as it does not unreasonably interfere with other owner's rights to do the same.  This applies to both surface waters and ground waters.

 

            2.  Act 81 of 1957.  This act created the Soil and Water Conservation Commission, established a permit system for dam construction, and provides for registration of water diverted from streams, lakes, or ponds to assure proper allocation of water during periods of shortage.

 

            3.  Act 641 of 1969.  The Arkansas Water Well Construction Act provides for proper well construction and abandonment, and reporting of water wells constructed.

 

            4.  Arkansas River Basin Compact, Arkansas-Oklahoma, 1970.  Apportioned between states right to develop and use waters of the Lee Creek sub-basin and the Illinois River sub-basin.  Established the Arkansas-Oklahoma Arkansas River Compact Commission.

 

            5.  State of Arkansas vs. W. L. McElroy, 1980.  Decision held that Mulberry River was a navigable stream and used a "recreational use" text.

 

            6.  Act 830 of 1981.  State of Arkansas relinquished all right, title, and interest in the oil and gas and other minerals underlying the bed of the Mulberry River to the owners of underlying adjacent lands.

 

            7.  Act 872 of 1981.  State of Arkansas relinquished and quit claimed to owners of adjacent lands, all right and title to the streambed of the Mulberry River.

 

            8.  Act 466 of 1981.  Created a Water Code Commission to study the need for enactment of comprehensive water laws as they deal with water rights.

 

            9. Acts 1051 of 1985.  Creation of a state water plan to protect agriculture, wildlife, and other resources depending on water.

 

2542 - MUNICIPAL SUPPLY WATERSHEDS

 

Arkansas State Laws and Regulation affecting Water Quality Management on National Forests.

 

            1.   ACT 472 of 1949, as amended, Arkansas Water and Air Pollution Control Act established Arkansas Department of Pollution Control and Ecology as the enforcement agency, prohibits and defines pollution, establishes the permit system of control.

 

            2.   ACT 237 of 1971, Arkansas Solid Waste Management Act requires proper and permitted disposal of solid waste; requires all municipalities to develop solid waste management plans; authorizes county courts to provide solid waste management systems.

 

            3.   ACT 211 of 1971, Wastewater Licensing Act requires licensing of all wastewater treatment plant operators, provides for classification of treatment plants.

 

            4.   ACT 402 of 1977, Arkansas Sewage Disposal Systems Act regulates the location, design, construction, installation, operation of individual sewage disposal systems and other sewage systems.

 

            5.   ACT 336 of 1977, Arkansas Open Cut Land Reclamation Act establishes a program for coal mining and reclamation of mining area.

 

            6.   ACT 134 of 1979, Arkansas Surface Coal Mining and Reclamation Act establishes a program for coal mining and reclamation of mining area.

 

            7.   ACT 406 of 1979, Arkansas Hazardous Waste Act establishes a program of regulation over the generation, storage, transportation, treatment and disposal of hazardous wastes.

 

            8.   Regulation one (1958) - prohibits discharge of oil or salt water and other oil field wastes to the open ground or into the waters of the state.  Applies to oil and gas wells in new fields or pools.

 

            9.   Regulations two (1967) (amendments 1971, 1973, 1975, 1982) establishes water quality standards for waters of the state, regulates treatment of discharges, establishes use classifications for waters of the state.

 

            10.  Regulation three (1971) (amendments 1973, 1977) establishes rules for licensing of wastewater treatment plant operators, out lines basis of classification of treatment plants.

 

            11.  Regulation four (1973) requires submission of plans for sewage disposal systems for subdivisions located within 2640 feet of any lake or stream, if the subdivision is not connected to a public sewage disposal system.

 

            12.  Solid Waste Code (1973) establishes and outlines proper disposal methods including sanitary landfill, incineration, and composting.

 

            13.  Rules and Regulations Pertaining to Sewage Disposal Systems and Installers (1977) describe the design, construction, and operation of the septic tank system for the disposal of human wastes.

 

            14.  Arkansas Water Quality Management Plan (1982) establishes voluntary compliance with Best Management Practices (BMP's) to control non-point sources of pollution for silvicultural activities in Arkansas.