Arkansas Groundwater Lease
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FAQ
In the U.S., surface water sources are generally considered public property and cannot be owned by any specific individual or group.
Under normal conditions, the drinking water supplied to your home is safe. It is treated to meet state and federal requirements and is regularly monitored. It is our experience that private systems are not maintained properly which leads to their failure. In addition, some units remove chlorine from the water.
Groundwater can either be privately owned or publicly owned. Groundwater owned by the State is usually distributed through an appropriation system. Privately owned groundwater may allow unlimited production or limited production rights based on land ownership or liability rules.
All landowners have the right to make reasonable use of water on or bordering their property. However, the water use cannot unreasonably diminish the quality or quantity of water to neighboring landowners.
The Clean Water Act (Wikipedia Article) requires states to develop and maintain water quality standards. The Arkansas Department of Environmental Quality (ADEQ) uses monitoring data to assess the waters of the state.
All landowners have the right to make reasonable use of water on or bordering their property. However, the water use cannot unreasonably diminish the quality or quantity of water to neighboring landowners.
British in origin, the common law ?riparian rights doctrine? entitles the owner of land that borders on a surface water source to riparian rights, such as access to water ?in its natural quantity and quality?, and domestic water use rights on the land itself.