§ 15-22-217 - Allocation during shortages. - Arkansas Statutes

15-22-217. Allocation during shortages.

(a) Whenever a shortage of water in any stream or part thereof exists to the extent that there is not sufficient water in the stream to meet the requirements of all water needs, on its own initiative or on the petition of any person affected by the shortage of water and after notice and hearing, the Arkansas Natural Resources Commission may allocate the available water from the stream among the uses of water affected by the shortage of water in a manner that each of the needs affected by the shortage of water may obtain an equitable portion of the available water.

(b) In allocating water in such a case, the commission may consider the use that each person involved is to make of the water allocated to that person.

(c) In making such allocations of water, reasonable preferences shall be given to different uses, in the following order of preference:

(1) Sustaining life;

(2) Maintaining health; and

(3) Increasing wealth.

(d) Water needs shall include domestic and municipal water supply needs, agricultural and industrial water needs, and navigational, recreational, fish and wildlife, and other ecological needs.

(e) The following priorities shall be reserved prior to allocation:

(1) Domestic and municipal domestic;

(2) Minimum streamflow; and

(3) Federal water rights.