Date: 6/18/2025

Notice of Hearing and Stay of Final Determination in the Matter of Chamber Springs Water Association Water Plan Compliance

LITTLE ROCK, AR — The Arkansas Natural Resources Commission (“Commission”) will conduct a hearing to review the Final Determination of the Director of the Arkansas Department of Agriculture’s Natural Resources Division (“Director”) to approve the application of Chamber Springs Water Association (“CSWA”) for Water Plan Compliance, # 2024 09 30- 009. The hearing will be held on July 17, 2025, beginning at 10:00 a.m., at the Arkansas Department of Agriculture, Board Room, 1 Natural Resources Drive, Little Rock, AR 72205.

The Commission has legal authority and jurisdiction to review the Director’s Water Plan Compliance determination pursuant to Ark. Code Ann. § 15-22-503, the Rules of Organization and General Operation of the Arkansas Natural Resources Commission, codified at 15 CAR § 1-101, et seq., and the Commission’s Water Plan Compliance Review Procedures, codified at 15 CAR§ 22-101, et seq. The Commission received a timely request to review the Director’s Final Determination of CSW A’s application for Water Plan Compliance in accordance with 15 CAR§§ 1-502 and 22-801. Therefore, the purpose of the hearing is for review by the Commission of the Director’s Final Determination and final adjudication as to approval or disapproval of CSWA’s Water Plan Compliance application. See 15 CAR § 22-801.

The matters of fact and law asserted as the basis for the hearing are as follows:

1. CSW A filed an application for Water Plan Compliance, # 2024 09 30- 009, on December 30, 2024, seeking approval for a water distribution system to an unserved area in Benton County, Arkansas, currently utilizing contaminated wells (“the Project”). After proper notice, a public hearing was held on March 26, 2025, in Benton County, Arkansas.
2. On May 14, 2025, the Director issued a Final Determination approving CSWA’s application for Water Plan Compliance in accordance with 15 CAR§ 22-702, finding that the Project meets the objectives of the Arkansas Water Plan pursuant to 15 CAR§ 22-701.
3. On May 23, 2025, the Washington Water Authority (“WWA”) filed a written request with the Department seeking review by the Commission of the Director’s Final Determination in accordance with 15 CAR§§ 1-502 and 22-801. WW A objected to the Project and, more specifically, to the City of Tontitown (“Tontitown”) providing water services to the designated area as set forth in CSWA’s application on the grounds that WWA is protected from service territory encroachment by Tontitown under 7 U.S.C. § 1921 (b ), et seq., and written agreements between WW A and Tontitown.
4. Pursuant to 15 CAR§ 22-80l(a), the Director’s decision related to Water Plan Compliance may be reviewed by the Commission in the manner set forth in the Rules of Organization and General Operation of the Arkansas Natural Resources Commission, codified at 15 CAR§ 1-101, et seq.
5. Arkansas law permits an aggrieved party to request that the Director’s decision be reviewed by the Commission by filing written request for review with the Arkansas Department of Agriculture (“Department”) within ten (10) days from the date of the Director’s decision. See 15 CAR§ 1-502.
6. Pursuant to 15 CAR § 1-504(a), the Commission’s review of the Director’s Final Determination is limited to the record before the Director.

At the hearing, the Commission will hear oral argument by the Department and WWA regarding the aforementioned CSWA application for Water Plan Compliance and the Director’s Final Determination. On or before July 3, 2025, there shall be submitted to the Commission the record for review by the Department and any written argument by the Department and WW A to be considered by the Commission.
Pursuant to 15 CAR§ 1-506(a), the Director’s Final Determination as to CSWA’s application for Water Plan Compliance, WPC # 2024 09 30- 009, is stayed pending review by the Commission. All parties shall cease operations regarding the Project until the review is complete and a final decision is rendered by the Commission.
For any questions, contact the Arkansas Department of Agriculture by phone at (501) 225-1598, email at [email protected], or in writing to 1 Natural Resources Drive, Little Rock, AR 72205.

Click here to view the Notice.