Arkansas laws allow for the harvesting of rainwater but there are restrictions on what you can use the harvested rainwater for. For this reason, we have given Arkansas a rating of “D” for the following reasons:
- Harvested rainwater can only be used for non-potable purposes. This restricts your use of harvested rainwater to supply potable drinking water to your house, particularly beneficial for homes located in rural areas, away from any municipally supplied water source.
- As stated in the Arkansas code, you must have a licensed engineer to design your rainwater harvesting system. This potentially adds additional costs to the system that may hamper people from being able to implement rainwater harvesting systems.
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Basis of Arkansas Water Laws
Arkansas’ water rights are based on a “regulated riparian” system. Traditional riparian principles are recognized but within a dynamic supervisory, administrative and legal structure.
Beginning in the late 1950s, a time of severe drought, the Arkansas General Assembly began passing a series of laws to address the need for more specificity and clarity concerning water rights. Arkansas Courts determined that when one riparian use interferes with another, the question is one of reasonableness.
The “Reasonable Use” Theory was embraced by the Supreme Court of Arkansas in the case of Harris v. Brooks, where the Court placed some limits on the right of a riparian land owner to use water adjacent to the user’s property.
Harris v. Brooks, 225 Ark. 436 (1955)
The Courts also applied the riparian doctrine and the “reasonable use” requirement to groundwater.
Jones v. Oz-Ark-Val Poultry Co., 228 Ark. 76 (1957)
The Arkansas Natural Resources Commission (ANRC) was established to serve as the state’s water resources planning and management agency. As such, ANRC has legislative authority to:
- Allocate surface water from streams during times of shortage based on the reasonable use concept
- Develop a comprehensive groundwater protection program
- Designate critical groundwater areas
- Cost-share on installation of water conservation practices
- Establish groundwater rights within critical areas
- Develop an education/information program and
- Delegate management powers to regional water districts and conservation districts, among other duties
This information was sourced from the following documents:
- Arkansas Water Primer Series: Water Rights in Arkansas by the University of Arkansas Public Policy Center
-
An Update on Arkansas Water Law: Is the Riparian Rights Doctrine Dead? by J.W. Looney (1990)
- Is it Legal to Collect Rainwater in Arkansas? by the University of Arkansas Cooperative Extension Service
Arkansas Rainwater Harvesting Laws
Arkansas rainwater harvesting laws are regulated by the State Board of Health.
According to Arkansas Code Annotated § 17-38-201 (g) (2014), the State Board of Health “shall allow the use of a harvested rainwater system used for a non-potable purpose if the harvested rainwater system is:
- designed by a professional engineer licensed in Arkansas;
- is designed with appropriate cross-connection safeguards; and
- complies with Arkansas Plumbing Code.”
Arkansas Rainwater Harvesting Guidance Documents
There are no Arkansas rainwater harvesting guidance documents.
Arkansas City Specific Regulations
There are no individual Arkansas city regulations or guidance for rainwater harvesting.
Arkansas Rainwater Collection Rebates & Incentives
There are no rainwater harvesting rebates or incentives in Arkansas.
Help Us Make This Guide Better
If you have any information about regulations, laws, and rebates for auxiliary water supplies (rainwater, graywater, reclaimed water, etc) in your state, please use the contact form below and share with us. Links to online sources are especially helpful. Thanks!
