(a) Purpose. Water rights are issued for beneficial uses.
(b) Duration.
(1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission.
(2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility.
(c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals.
(d) Precedence.
(1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.
(2) On all renewal applications, consideration shall be given to reasonable beneficial use.
(e) Cancellation. (1) (A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.
(B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.
(2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.
(3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.
(f) Off-tract Use of Groundwater. (1) (A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5).
(B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.
(2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.
(g) Water Rights Attach to and Run with the Land. A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right.
(h) Automatically Transferred. Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner.
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