Lake Maumelle

REGULATIONS FOR PUBLIC USE OF LAKE MAUMELLE AND SURROUNDING PROPERTY
Initially adopted by the Central Arkansas Water Board of Commissioners
on December 10, 2009, and amended on July 8, 2010

I.             PREFACE
Lake Maumelle (the “Lake”) is the primary public water supply reservoir for the Little Rock-North Little Rock metropolitan area.  As such, the Lake is a vital component of the public drinking water system for a population of over 400,000.  The sole purpose for the construction of the lake was to provide a high-quality water supply for customers.  Central Arkansas Water (“CAW”) owns the Lake and its Board of Commissioners (the “Board”) has the responsibility of protecting the Lake to ensure its outstanding water quality.

II.            PURPOSE
The purpose of these Regulations for Public Use of Lake Maumelle and Surrounding Property (the “Regulations”) is to permit limited recreational use of the Lake Maumelle Area (as hereinafter defined) while providing for the continued control, custody, governance and use of the Lake Maumelle Area by CAW.  All persons using the Lake Maumelle Area must abide by the Regulations and all applicable rules, regulations and laws of the State of Arkansas and the United States of America. The Board will act affirmatively and proactively to curtail or entirely prohibit any or all recreational uses if it believes such action is necessary to protect the water quality of the Lake. 

III.           AUTHORITY
3.1          These Regulations are promulgated pursuant to Ark. Code Ann. § 14-234-405 (permitting the adoption of regulations prohibiting, permitting and governing recreational activities upon lands and waters owned for waterworks purposes) and Ark. Code Ann. § 25-20-306(a)(14) (granting entities created pursuant to the Consolidated Waterworks Authorization Act the same powers relating to the ownership and operation of waterworks systems as are now by law given to the municipalities creating such entity). 

3.2          These Regulations are in addition to any other laws, rules, and regulations of the State of Arkansas, the United States of America, the Arkansas Game & Fish Commission (“AGFC”), the Fish and Wildlife Service of the U.S. Department of the Interior, the Arkansas Department of Health, the U.S. Department of Health and Human Services, and any other governmental entity or regulatory body having jurisdiction over hunting, fishing, boating or recreational activities within the State of Arkansas, public health, or the protection of public drinking supply reservoirs. 

IV.          ENFORCEMENT
4.1          Wardens (as hereinafter defined) may issue a special summons requiring any person whom they believe to be violating these Regulations to appear before the Little Rock District Court.  See Ark. Code Ann. § 14-234-404(a). 

this State, and to take such offenders before any court having jurisdiction in the county where such offense is committed.  (See Ark. Code Ann. § 14-234-405(a)(1))  They shall serve without compensation from CAW in the discharge of these duties.  Such persons (i) may go into the Lake Maumelle Area, posted or otherwise, in the performance of their duties, (ii) are permitted to carry firearms while performing their duties, and (iii) may conduct searches with or without a warrant in accordance with applicable law.

4.3          Special agents and certified law enforcement officers of the U.S. Department of the Interior’s National Wildlife Refuge System and National Park Service, to the extent permitted by law and their respective employers, shall have authority to make arrests, searches and seizures for violations of State game and fishing laws and regulations applicable within the Lake Maumelle Area.  (See Ark. Code Ann. § 16-81-106)  They shall serve without compensation from CAW in the discharge of these duties.  Such persons (i) may go into the Lake Maumelle Area, posted or otherwise, in the performance of their duties, (ii) are permitted to carry firearms while performing their duties, and (iii) may conduct searches with or without a warrant in accordance with applicable law.

4.4          A violation of these Regulations constitutes a misdemeanor and carries, upon conviction, a minimum fine of Fifty Dollars ($50) and a maximum fine of Two Hundred Dollars ($200) for each offense, plus court costs.   A violation of other laws or regulations applicable within the Lake Maumelle Area may have different penalties. 

V.            EFFECTIVE DATE
These Regulations are effective as of July 8, 2010.  All previous rules and regulations, and any policies regarding the administration and enforcement of those rules and regulations in and around the Lake Maumelle Area are hereby superseded.  However, any enforcement action taken by CAW prior to the effective date of these Regulations shall be governed by the rules and regulations in effect at the time the enforcement actions were taken. 

VI.          AMENDMENT
The Board may amend these Regulations at any time, without notice. 

VII.         REVOCATION OF PRIVILEGES
The Board, the Chief Executive Officer, or the Chief Operating Officer may, without prosecution, suspend or revoke the privileges granted by these Regulations of any person (i) it believes to be in violation of the Regulations, (ii) convicted of violating the Regulations or convicted of violating in the Lake Maumelle Area applicable State or federal rules or laws regarding the safety of public water supply reservoirs, boating, hunting, fishing, public intoxication, or Operation of motorized vehicles or vessels while intoxicated.

VIII.        DEFINITIONS

8.1          AGFC – Arkansas Game & Fish Commission.

8.2          AGFC Code of Regulations – the Code of Regulations adopted by AGFC on October 12, 2009, as amended from time to time.

8.3          Aircraft - a machine or device, such as an airplane, helicopter, glider, balloon or dirigible, that is capable of atmospheric flight. 

8.4          Area Map – the Lake Maumelle Area Zone Map attached hereto as Exhibit “A” and incorporated herein by this reference.

8.5          ATV – a 2-, 3- or 4-wheeled vehicle designed for off-road use that has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a gasoline engine or using some other fuel.

8.6          Authorized Representative – is an employee or agent of CAW who has been delegated authority to enforce these Regulations.  Authorized Representatives are the Wardens. 

8.7          Board – the Central Arkansas Water Board of Commissioners.

8.8          Camping - the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer for the apparent purpose of overnight occupancy. 

8.9          CAW – Central Arkansas Water.

8.10        Chief Executive Officer – the Chief Executive Officer of CAW.

8.11        Chief Operating Officer – the Chief Operating Officer of CAW.

8.12        Director of Watershed Management – the Director of Watershed Management of CAW. 

8.13        Designated Areas - any part of the Lake Maumelle Area specially set aside for one or more purposes and identified as such either on the Area Map or by the posting of a sign or signs by CAW, a Dock Operator, or AGFC. 

8.14        Dock Operators – the Jolly Rogers Marina, the Grand Sailing Club, and any other entity authorized by CAW to maintain boat launching, storage, or repair facilities in the Lake Maumelle Area.

8.15        Lake – Lake Maumelle.  The Lake is owned by CAW and it is part of the Lake Maumelle Area.

8.16        Lake Maumelle Area – all of the real property owned or leased by CAW in Pulaski County, Arkansas, lying west of Pinnacle Mountain and adjacent to the Lake or the Big Maumelle River, including property that CAW leases to other persons, including Dock Operators. 

8.17        Law Enforcement Officer – sheriffs, constables, AGFC wildlife officers, and other peace officers throughout the State, including those persons referred to in Section 4.3.

8.18        Launch – includes both the launch of a boat into, and the recovery of a boat out of, the Lake.

8.19        Livestock – horses, mares, mules, jacks, jennies, colts, cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, hogs, shoats, and pigs, except mules used to assist with forestry management by Official Written Permission.

8.20        Motor Vehicle – is as defined under the Uniform Motor Vehicle Operator's and Chauffeur's License Act (Ark. Code Ann. § 27‑16‑101 et seq.), meaning "every vehicle which is self‑propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails."  Ark. Code Ann. § 27‑16‑207.

8.21        Off-Road Recreational Vehicle – a motor driven off-road recreational vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, marsh, swampland or other natural terrain, including, but not limited to, a multi-track or multi-wheel vehicle, an ATV, a motorcycle, scooter or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle, but excluding a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned by CAW and Operated by CAW personnel in the performance of their official duties, or an oil or gas pipeline company employee when performing maintenance on its facilities or on property over which it has an easement. 

8.22        Official Written Permission - written permission obtained from an Authorized Representative.

8.23        Operate – to ride in or on and be in actual physical control of the operation of a Motorized Vehicle, Off-Road Recreational Vehicle, Permitted Watercraft or Prohibited Watercraft.

8.24        Operator – any person who Operates or is in actual physical control of a Motorized Vehicle, Off-Road Recreational Vehicle, Permitted Watercraft or Prohibited Watercraft. 

8.25        Permitted Firearms – means a firearm as defined in the AGFC Code of Regulations, allowed for hunting within the WMA and firearms carried by Law Enforcement Officers in the performance of their official duties, together with a reasonable amount of ammunition for such Permitted Firearm. 

8.26        Permitted Watercraft – motorboats, sailboats, canoes, kayaks and any other boats allowed to Operate on the Lake by these Regulations, Official Written Permission or Special Use Permit.

8.27        Political Meeting –  any activity in support of or in connection with any campaign for elective office or any political organization including, but not limited to, (i) preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event; (ii) soliciting contributions, including, but not limited to, the purchase, selling or distributing of, or receiving payment for tickets for any political fundraiser, political meeting or other political event; (iii) soliciting anything of value intended as a campaign contribution; (iv) planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question; (v) surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question; (vi) soliciting votes on behalf of a candidate for elective office or a  political organization or for or against any referendum question; (vii) circulating any petition on behalf of a candidate for elective office or for or against any referendum question; (viii) distributing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question; or (ix) campaigning for any elective office or for or against any referendum question.

8.28        Prohibited Watercraft - aquaplanes, surfboards, motorized surfboards, wind-powered surfboards, personal watercraft, water skis, rafts, sea kayaks and other similar devices or vessels that these Regulations do not expressly permit.

8.29        Restricted Area – those portions of the Lake Maumelle Area (i) within the Lake between the buoy line and the dam and between a second buoy line and the spillway and (ii) indicated as the Restricted Area on the Area Map.  Special and clearly visible markers and buoys distinguish the area within the Restricted Area from the remainder of the Lake Maumelle Area. 

8.30        Roadway – a highway, street, or parking lot improved, designated, and ordinarily used by Motor Vehicles.

8.31        Special Use Permit – a permit issued pursuant to Article XIV of these Regulations. 

8.32        State – the State of Arkansas.

8.33        Trash – garbage, rubbish, ashes, refuse, waste papers, cigarettes or cigar butts, bottles or cans, debris, litter, oil, solvents, contaminants, liquid waste, or other discarded materials. 

8.34        Wardens – those persons appointed as wardens by the Board pursuant to and in accordance with Ark. Code Ann. § 14-234-407(a).

8.35        Watercraft – collectively, Permitted Watercraft and Prohibited Watercraft together. 

8.36        WMA – that portion of the Lake Maumelle Area indicated as a Wildlife Management Area on the Area Map. 

IX.           PROHIBITED ACTIVITIES


9.1          No person shall perform an act in the Lake Maumelle Area that pollutes or may pollute the water of the Lake other than acts that are specifically permitted by these Regulations.

9.2          No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall Operate a Motor Vehicle within the Lake Maumelle Area except on Roadways in compliance with all applicable laws.

9.3          No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall Operate an Off-Road Recreational Vehicle within the Lake Maumelle Area. 

9.4          No person shall throw, drop, deposit or otherwise dispose of Trash or human waste in the Lake or upon the ground within the Lake Maumelle Area, except in the appropriate receptacles provided by CAW or the Dock Operators for said purposes.  Persons placing Trash in the appropriate receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements or animals upon the ground or in the Lake. 

9.5          No person shall empty a toilet or release any untreated sewage in the Lake Maumelle Area unless such toilet is connected to or such release is into a non-discharging system.

9.6          Camping is prohibited within the Lake Maumelle Area. 

9.7          Hunting or trapping is prohibited within the Lake Maumelle Area except in compliance with these Regulations and the AGFC Code of Regulations applicable within the WMA. 

9.8          No person shall picnic in the Lake Maumelle Area except in Designated Areas for picnicking. 

9.9          No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall cook or build or set a fire in the Lake Maumelle Area, except in fireplaces that CAW or Dock Operators have established for such purposes in Designated Areas. 

9.10        No person shall cook, build or set a fire, or smoke in the Lake Maumelle Area, even in Designated Areas for such purposes, during burn bans in effect by order of the Arkansas Forestry Commission or Pulaski County Judge.

9.11        No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall swim, bathe, or wade in the Lake Maumelle Area. 

9.12        No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall Operate a Prohibited Watercraft in the Lake. 

9.13        No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall skin dive or use aqua-lungs in the Lake Maumelle Area.  An Authorized Representative may grant Official Written Permission to allow skin diving for the limited purpose of recovering lost personal property within the Lake.  Special Use Permits may be issued to permit skin diving for scientific purposes.  

9.14        No person, except CAW or AGFC personnel, or Law Enforcement Officers in the performance of their official duties, or others specifically authorized by CAW, shall destroy, injure, deface, or remove any signs, public property, vegetation, rocks, or minerals in the Lake Maumelle Area.  Special Use Permits may be issued to permit the study and removal of vegetation, rocks or minerals for scientific purposes.  The Chief Executive Officer or the Chief Operating Officer may also authorize activities relating to forest management, including but not limited to, prescribed burns and timber harvesting. 

9.15        No person shall distribute, post, or display advertisements or notices in the Lake Maumelle Area without Official Written Permission. 

9.16        No person shall place any building or structure in the Lake Area without Official Written Permission.

9.17        No person shall conduct or attend a Political Meeting in the Lake Maumelle Area. 

9.18        No person shall land an Aircraft in the Lake Maumelle Area.  

9.19.      No person shall have a pet in the Lake Maumelle Area unless such pet is on a leash of not more than six feet (6’) in length and no pets are allowed in the water.  In addition, no pet shall be left unattended and/or tied to any object, and pets are prohibited from making unreasonable noise or frightening wildlife. 

9.20        No person shall willfully permit Livestock in the Lake Maumelle Area.

9.21        No person shall possess firearms or ammunition in the Lake Maumelle Area, except for Permitted Firearms.

9.22        No person shall use or possess fireworks in the Lake Maumelle Area.

9.23        Any activity that violates a State law or the AGFC Code of Regulations is prohibited in the Lake Maumelle Area.

X.            FISHING

10.1        Fishing is permitted in compliance with these Regulations, the AGFC Code of Regulations, and the laws of the State from (i) the shoreline of all areas of the Lake except the islands within the Lake or the Restricted Area and (ii) Permitted Watercraft in all areas of the Lake except the Restricted Area.  Fishing is not permitted in the Restricted Area. 

10.2        Fishing is permitted only during the hours of 4 a.m. to 8 p.m. November 1 through March 31 and 24 hours a day from April 1 through October 31. 

10.3        Trotline fishing is permitted west of the eastern end of Big Island in compliance with the AGFC Code of Regulations. 

10.4        Commercial fishing and fishing by seine, net, trap, gig, jug lines, yo-yo, or setline (as defined in the AGFC Code of Regulations) are prohibited in the Lake. 

10.5        Fishing from roads or bridges is prohibited.  

10.6        No person, except CAW and AGFC personnel in the performance of their official duties, or others specifically authorized by CAW, may introduce materials for fish habitat enhancement into the Lake.

10.7        No person, except Dock Operators and CAW and AGFC personnel in the performance of their official duties, or others specifically authorized by CAW, may have brush-cutting devices in the Lake Maumelle Area. 

XI.           BOATING

11.1          Boating is permitted on the Lake in Permitted Watercraft in compliance with these Regulations. 

11.2          No boating activities are permitted in the Restricted Area except by Wardens, CAW personnel, AGFC personnel, U.S. Geological Survey personnel, and Law Enforcement Officers engaged in the performance of their duties. 

11.3          The Lake is open to boating only during the hours of 4 a.m. to 8 p.m. November 1 through March 31 and 24 hours a day from April 1 through October 31. 

11.4        Operators must equip and Operate Permitted Watercraft in accordance with State boating laws.  A Law Enforcement Officer or Warden shall require the prompt removal of any boat that the Law Enforcement Officer or Warden deems unsafe for Lake conditions or that is being Operated in an unsafe manner.  All Permitted Watercraft must be seaworthy. 

11.5          No person shall Operate a Permitted Watercraft on the Lake while intoxicated or under the influence of alcohol, as described in Ark. Code Ann. 5-76-102(a)(2); under the influence of a narcotic drug, barbiturate, or marijuana; or under a physical or mental disability that renders the person incapable of Operating the Permitted Watercraft safely under the prevailing circumstances and conditions.

11.6        The Lake Maumelle Area is not open to Watercraft with an unblocked through-the-hull toilet. 

11.7        Cooking on Watercraft is prohibited in the Lake Maumelle Area.

11.8        An Operator shall not Launch or Operate a Permitted Watercraft on the Lake without a prior thorough cleaning of the Permitted Watercraft’s interior and exterior.  All Watercraft are subject to inspection at all times.  Launching of any Permitted Watercraft that fails to pass an inspection is prohibited.  Likewise, any Permitted Watercraft already within the Lake that fails an inspection shall be promptly removed. 

11.9        No person under sixteen (16) years of age may Operate a motorized boat on the Lake without the accompaniment of an adult. 

11.10     Persons may Launch Permitted Watercraft only at points of entry that the Dock Operators have leased for said purpose or at the Designated Area for Launching at Sleepy Hollow.  Only canoes, kayaks and motorized Permitted Watercraft with a primary motor of twenty-five (25) horsepower or less may Launch at Sleepy Hollow. 

11.11     Law Enforcement Officers and Wardens may confiscate any Watercraft upon a determination that the Operator did not Launch the Permitted Watercraft at a prescribed entry point.  The Owner may recover the Watercraft only upon the payment of the applicable charges for taking, towing, and/or storing said Watercraft. 

11.12     The Lake is not open to Permitted Watercraft less than fourteen feet (14') in length except as provided in Regulations 11.15 and

11.16.  An Authorized Representative may grant Official Written Permission for persons to train on Permitted Watercraft less than fourteen feet (14') in length in areas east of the Arkansas Highway 10 bridge. 

11.13     Motorized Permitted Watercraft with a primary motor of nine (9) horsepower or less are prohibited except as provided in Regulation 11.16.

11.14     Sailboats fourteen feet (14’) long or greater are permitted on the Lake east of the Arkansas Highway 10 bridge. 

11.15     Kayaks and canoes, regardless of length, are permitted on the Lake in the area west of the Arkansas Highway 10 bridge from dawn to dusk. 

11.16     Permitted Watercraft with a primary motor of nine (9) horsepower or less and Permitted Watercraft less than fourteen feet (14') in length are permitted on the Lake in the area west of the Arkansas Highway 10 bridge. 

11.17     When Operating a boat on the Lake during hours of darkness, the Operator must conform the boat’s lighting to the specifications contained in the Arkansas Boating Laws, Title 27, as amended, and the AGFC Code of Regulations. 

XII.         HUNTING

12.1        Hunting is allowed in the WMA in compliance with these Regulations and the AGFC Code of Regulations. 

12.2        Deer hunting is allowed by archery with a permit, which must be obtained from AGFC, specific to the AGFC Maumelle River WMA Regulations.

12.3        Hunting is not permitted on the islands within the Lake or within the Restricted Area. 

XIII.        DOCK OPERATORS

13.1        Dock Operators shall store and handle gasoline, oil, and other inflammable liquids in a manner satisfactory to CAW and in compliance with all State and federal regulatory requirements. 

13.2        Dock Operators shall not permit any person to engage in or solicit business on the leased area without Official Written Permission. 

13.3        Dock Operators shall provide necessary boat haul-out mechanisms.

13.4        Dock Operators shall be responsible for requiring that Operators thoroughly clean the interior and exterior of all rented boats and private boats prior to Launching or prior to leaving the dock area.

13.5        Dock Operators shall not permit the Launching of a Permitted Watercraft in an unsafe condition from their leased areas.

13.6        Dock Operators shall not permit the Launching of a Prohibited Watercraft. 

13.7        Dock Operators shall not permit the Launching of a Permitted Watercraft from their leased areas by a person under the influence of alcohol, narcotic drug, barbiturate, or marijuana, or under a physical or mental disability that renders the person incapable of Operating the boat safely under the prevailing circumstances and conditions.

XIV.        OFFICIAL WRITTEN PERMISSION AND SPECIAL USE PERMITS

14.1        Official Written Permission may be granted by any Authorized Representative for one-time, limited operations within the Lake that such Authorized Representative believes are appropriate.  Request for Official Written Permission may be made in person or in writing addressed to an Authorized Representative.  Requests for Official Written Permission may be denied, approved, approved with conditions, or returned to the requestor with an indication that the requestor should seek a Special Use Permit. 

14.2        A Special Use Permit is required when any person wishes to conduct activities in the Lake Maumelle Area that would ordinarily be considered a violation of these Regulations.  Special Use Permits may be issued by the Chief Executive Officer or the Chief Operating Officer for Operation of Prohibited Watercraft on the Lake, scientific research that would otherwise be in violation of these Regulations, and any other activities prohibited by these Regulations deemed to be in the best interest of the community, the Lake, or the Lake Maumelle Area, and acceptable to CAW.  A Special Use Permit issued under this Regulation does not eliminate the need for other permits that may be required by State or federal laws. 

14.3        Any person desiring a Special Use Permit shall submit to the Director of Watershed Management at the address indicated below a written request for the Special Use Permit, including:

• the name of the applicant, address, telephone number, fax number and e-mail address;
• the complete description of the “use” or activity desired;
• the areas of the Lake Maumelle Area where the use or activity shall be conducted;
• the dates of the use or activity (the maximum time period or length for any Special Use Permit is one (1) year);
• an estimate of the number of persons to be engaged in the use or activity;
• the reason or need for the use or activity;
• any expected benefits to the Lake Maumelle Area;
• any other information that may be helpful to CAW in the review of the request for a Special Use Permit; and
• a check, cashier’s check, or money order made payable to Central Arkansas Water in the amount of One Hundred Dollars ($100) (the “Application Fee”).

Send the written request with the information outlined above, including the Application Fee, to:
Director of Watershed Management
Central Arkansas Water
James T. Harvey Administration Building
221 East Capitol Avenue
Little Rock, Arkansas 72202
Please allow up to four (4) weeks from the time that a complete application is received for the request to be processed.

14.4        Special Use Permits may be denied or issued by the Chief Executive Officer or the Chief Operating Officer upon such terms and conditions as deemed necessary for the protection of (i) the Lake Maumelle Area; (ii) the water quality of the Lake; (iii) native fish, wildlife, and/or plant life; and (iv) the public. 

14.5        The Application Fee will be retained by CAW regardless of whether the Special Use Permit is granted.  In the event the Special Use Permit is granted, CAW may also require posting of a “permit sticker” on all Permitted Watercraft or on other locations deemed appropriate by CAW. Each “permit sticker” will cost Ten Dollars ($10.00) and such amounts must be paid by the applicant before the applicant may conduct activities pursuant to the Special Use Permit. 

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