7 Farm Pond Rules That Surprise New Arkansas Landowners

You close on a piece of Arkansas land with a pond on it, and you picture a quiet spot to fish.

But the state, your downstream neighbors, and a few laws may have more to say about that pond than you’d guess.

Here are the farm pond rules that surprise new Arkansas landowners.

Note: This is general information, not legal advice. Dam, water and liability rules are subject to change.

1. Dam Permit Thresholds

A farm pond generally needs a state dam permit only if its dam clears two size lines at once.

The Arkansas Natural Resources Commission regulates dams that are 25 feet or taller and impound 50 acre-feet or more of water at normal pool.

Under the commission’s rules, a dam is exempt if it stands under 25 feet, holds under 50 acre-feet, or has a crest below the stream’s ordinary high water mark.

Falling short on either number exempts a dam, so a 30-foot dam with 20 acre-feet of storage is exempt unless a petition says otherwise.

Sections 3 and 4 below apply only if your dam is permitted.

If you’re planning a pond, both numbers are worth checking before any dirt moves.

2. Downstream Neighbor Petitions

Even a farm pond with a small dam may end up under state dam regulation.

The Arkansas Department of Agriculture says that can happen when a smaller dam threatens life or property, based on downstream petitions and public hearing outcomes.

If you live below a smaller dam, you can petition the commission to require a permit if you believe its failure would endanger you or your property.

The commission’s director investigates.

A public hearing follows in the county where the dam is located.

After reviewing staff findings and testimony, the commission issues an order approving or denying the request.

If you own the pond, a neighbor’s petition can put even a small dam in front of the commission.

3. Six-Month Transfer Notice

If a farm pond’s dam is permitted, a sale or inheritance starts a six-month clock for the new owner.

Arkansas Code 15-22-210 gives new owners six months to notify the commission.

That applies when you buy or inherit a permitted dam and don’t already hold a permit to own and operate it.

A new permit follows.

If you’re buying land with a pond, ask the seller about the dam.

You can find the permit transfer application among the forms the department supplies to dam owners.

4. Surplus Water Only

A farm pond dam with a state permit can impound only surplus surface water.

The same statute makes the dam release a daily quantity of water, set by the commission, to keep a stream flowing below the dam.

That flow is meant to protect the rights of any lower riparian owner and the fish and wildlife that depend on the stream.

Riparian owners are people whose land borders a natural river or stream, and the state’s riparian doctrine ties private water rights to that ownership.

If your pond has a permitted dam on a creek, you can’t hold back everything that flows through it.

5. Water Withdrawal Registration

A farm pond owner who withdraws 1 acre-foot or more of water a year may need to register the withdrawal.

Arkansas Code 15-22-215 requires anyone diverting water from any stream, lake or pond to register with the Arkansas Natural Resources Commission or a local conservation district.

The statute exempts natural lakes or ponds in the exclusive ownership of one person.

A pond you dug isn’t a natural pond, so the exemption may not cover you.

Registration costs $10.00 a site.

You then report your monthly withdrawals each year between October 1 and March 1.

6. Approved Stocking List

Stocking a farm pond starts with the approved species list that the Arkansas Game and Fish Commission (AGFC) keeps for privately owned lakes and ponds.

For many listed species, you can buy farm-raised fish from AGFC-permitted sources and stock them without an AGFC permit.

Trout need a valid Trout Importation/Stocking permit.

Grass carp make the list with one condition: They must be U.S. Fish and Wildlife Service certified triploids.

The rule bars you from importing live wild-caught fish species for stocking.

You can stock hybrids when both parent species are on the list, except hybrid catfish.

Before you order fish, look up each species on the list.

7. Recreational Use Liability

A farm pond you open to guests for fishing can fall under Arkansas’s recreational use statute because the law counts water as land.

Under Arkansas Code 18-11-304, you owe people who enter for recreation no duty to keep the property safe or to warn them of dangers.

Section 18-11-307 carves out two exceptions.

The first covers a malicious failure to guard or warn against an ultra-hazardous condition you know is dangerous.

The protection also ends when you charge people to enter your land for recreation.

The statute defines a charge as an admission fee, and sharing fish doesn’t count as one.

Yearly Dam Inspections

Your farm pond dam needs regular inspections if it has a state permit.

Owners of regulated dams must conduct a visual inspection at least once per year and after any major storm event, according to the Arkansas Department of Agriculture.

You then submit the results to the state within 10 days and report any deterioration or repairs.

Every dam the state rates High Hazard also needs a current Emergency Action Plan (EAP).

Your plan has to include at least one tabletop exercise each year and a full test drill every three years.

Permit Fees and Cost-Share

If your farm pond’s dam needs a state permit, you pay an application fee and a yearly fee.

The application review fee is 1% of the estimated construction cost or $100, whichever is greater, with a $1,000 cap.

The yearly permit fee is 12 cents for each acre-foot the dam is designed to impound, with a $25 minimum and a $10,000 cap.