The Arkansas Department of Agriculture is the state’s water resources planning and management agency. Among its responsibilities is the protection of Arkansas’s surface water resources. One of the key programs supporting this mission is the Non-Riparian Water Use Program.
The program oversees surface water use on lands not adjacent to a water source. It ensures that diversions of surface water comply with the Arkansas State Water Plan and state water law. Users must obtain certification before proceeding with any surface water use for non-riparian purposes.
What Is a Non-Riparian Water Use Permit?
A Non-Riparian Water Use Permit is issued under Title III of the Rules for the Utilization of Surface Water. Surface water is defined as water occurring on the ground surface, such as in lakes, ponds, or natural/modified streams.
This permit authorizes the use of excess surface water for activities on land that does not border a surface water source. The Department determines that:
- The water used is excess surface water,
- The use is reasonable and beneficial, and
- The diversion will not cause significant adverse environmental impacts.
Anyone planning to divert surface water for non-riparian use must apply for a permit. Examples include:
- Agricultural irrigation
- Hydrologic fracturing for natural gas wells
- Industrial processes
- Municipal water supplies
- Mining activities
Riparian vs. Non-Riparian Use
Riparian Water Use: Applies to landowners whose property directly borders a water body. Water must be used on the same parcel and within the same watershed.
Non-Riparian Water Use: Applies to landowners with no adjacent water body. These users do not hold inherent water rights and must apply for certification.
Permit Details
- All proposed non-riparian water uses require a permit, regardless of volume.
- Application fee: $500 (non-refundable)
- Annual fee: $100 for permits exceeding one year in duration
- Permit length depends on the project; short-term (e.g., gas drilling) and long-term (e.g., municipal water supply) permits are available.
Application Process
Step 1: Fill out an Application for Non-Riparian Water Use, available electronically in PDF format or mailed to applicants upon request.
- Click here to view the Non-Riparian Water Use Application
Step 2: Send application, additional necessary documents, and a processing fee of $500.00 to: Arkansas Department of Agriculture, 1 Natural Resources Drive, Little Rock, AR 72205, Attn: Josh Burns
(Make checks payable to: Arkansas Natural Resources Division)
Step 3: Once your application is received, you will be notified within seven (7) working days with a letter stating your application has been received and is being reviewed by a staff member.
Step 4: Within thirty (30) days of receiving your application, staff will determine whether the application packet is complete or whether additional items will be needed to complete the review process. Staff will request the necessary items at this time if your application is found to be incomplete.
Step 5: When the application is complete, staff will resume the evaluation process and be available to answer any questions. Generally, the process takes less than thirty (30) days but can take as long as twelve (12) months, depending on the complexity and volume of the request. Plan ahead and apply well in advance of the projected project start date.
Step 6: Upon completion of review, a permitting determination is made regarding the proposed project, and you will receive written notification from this office. Determinations may include, but are not limited to, technically conditioned Water Use Permits, Diffuse Water Determinations, Denial without Prejudice (i.e., due to lack of information or inadequate excess water at the requested diversion location), or Denial of Certification.
Program Contact: Josh Burns
Email: [email protected]
Phone: (501) 682-3916