reglab/housing_qa huggingface dataset:
AR Code § 15-22-911 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 9 - Arkansas Groundwater Protection and Management Act|§ 15-22-911. Water rights — General provisions

 (a) Purpose. Water rights are issued for beneficial uses.  (b) Duration.  (1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission.  (2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility.    (c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals.  (d) Precedence.  (1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.  (2) On all renewal applications, consideration shall be given to reasonable beneficial use.    (e) Cancellation.  (1)  (A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.  (B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.    (2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.  (3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.    (f) Off-tract Use of Groundwater.  (1)  (A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5).  (B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.    (2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.    (g) Water Rights Attach to and Run with the Land. A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right.  (h) Automatically Transferred. Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner.
AR Code § 15-22-912 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 9 - Arkansas Groundwater Protection and Management Act|§ 15-22-912. Appeals

 Any person aggrieved by decisions and actions under this subchapter by the Arkansas Natural Resources Commission may appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 15-22-913 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 9 - Arkansas Groundwater Protection and Management Act|§ 15-22-913. Fees

 (a) The Arkansas Natural Resources Commission shall assess annual fees for:  (1) The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and  (2) The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well.    (b) The fee shall be payable at the time of water use reporting pursuant to §§ 15-22-215 and 15-22-302.
AR Code § 15-22-914 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 9 - Arkansas Groundwater Protection and Management Act|§ 15-22-914. Disposition of earnings and fees

 Fees, penalties, and other funds collected under this subchapter shall be deposited into the Arkansas Water Development Fund established by § 15-22-507. Two-thirds (2/3) of such funds deposited shall be used for an education and information program and cost sharing for water conservation and development. The remaining one-third (1/3) may be used for the administration of this subchapter, and the Arkansas Natural Resources Commission may transfer those funds to the districts delegated authority under this subchapter as it deems necessary.
AR Code § 15-22-915 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 9 - Arkansas Groundwater Protection and Management Act|§ 15-22-915. Metering of certain withdrawals

 (a) Any well constructed after September 30, 2001, to withdraw groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the Arkansas Natural Resources Commission.  (b) After September 30, 2006, any well withdrawing groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the commission.  (c) Data gathered by the metering shall be used when completing the annual water use reports as provided in § 15-22-302.
AR Code § 15-22-1001 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1001. Short title

 This subchapter may be cited as the “Arkansas Wetlands Mitigation Bank Act”.
AR Code § 15-22-1002 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1002. Policy statement

 The purpose of this subchapter is to:   (1) Promote, in concert with federal and other state programs as well as interested parties, the restoration, maintenance, and conservation of aquatic resources, including wetlands, streams, and deep water aquatic habitats;  (2) Improve cooperative efforts among private, nonprofit, and public entities for the restoration, management, and protection of aquatic resources;  (3) Offset losses of aquatic resources values caused by activities that otherwise comply with state and federal law;  (4) Encourage a predictable, efficient regulatory framework for environmentally acceptable mitigation;  (5) Provide an option for accomplishing off-site mitigation when the mitigation is required under a dredge or fill permit; and  (6) Supplement and not in any way abrogate any state or federal law relating to aquatic resources.
AR Code § 15-22-1003 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1003. Definitions

 As used in this subchapter:   (1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961;  (2) “Commission” means the Arkansas Natural Resources Commission;  (3) “Credit” means a numerical value that represents the aquatic resources functions and value of a site;  (4) [Repealed.]  (5) “Mitigation bank” means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251–1376, § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961, or other laws requiring mitigation;  (6) “Permit action” means activity under a specific dredge or fill permit requested or issued pursuant to § 404 of the Federal Water Pollution Control Act, 33 U.S.C. § 1344, or any other action requiring mitigation; and  (7) “Wetlands Technical Advisory Committee” means a committee made up of the directors or their designees of:  (A) The Arkansas State Game and Fish Commission;  (B) The Arkansas Department of Transportation;  (C) The Division of Arkansas Heritage;  (D) The Division of Environmental Quality; and  (E) Two (2) public members with expertise in aquatic resources ecology appointed by the Arkansas Natural Resources Commission.
AR Code § 15-22-1004 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1004. Mitigation banks — Acquisition and protection

 The Arkansas Natural Resources Commission or the commission's designee, in consultation with the Wetlands Technical Advisory Committee, may:   (1) Set a sales price for credits in the mitigation bank on behalf of the commission;  (2) Acquire or accept title, including easements, from willing sellers or donors to approved lands, in the name of the commission, suitable for use in mitigation banks;  (3) Pay costs incurred for alterations needed to create or restore aquatic resources areas for purposes of carrying out the provisions of this subchapter;  (4) Authorize payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter;  (5) Receive funds from whatever source for the voluntary acquisition of a mitigation bank and interests therein;  (6) Enter into contracts with state and federal agencies, nonprofit corporations, or other persons for the management of mitigation bank properties; and  (7)  (A) Upon satisfactory establishment of a functioning aquatic resources site, convey mitigation bank properties to other appropriate state agencies for management.  (B) The commission shall reserve such interest in the mitigation bank property as necessary to protect the aquatic resources function and values.
AR Code § 15-22-1005 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1005. Program for mitigation banks — Program criteria

 (a) In accordance with the provisions of this subchapter, upon the approval of the Arkansas Natural Resources Commission, the Department of Agriculture shall initiate and implement a program for mitigation banks.  (b)  (1) The commission shall adopt, by rule, standards and criteria for the site selection process, operation, and evaluation of mitigation banks.  (2) Criteria to be considered shall include, but need not be limited to:  (A) Historical aquatic resources trends, including the estimated rate of current and future losses of the respective types of aquatic resources;  (B) The contributions of the aquatic resources to:  (i) Wildlife, migratory birds, and resident species;  (ii) Commercial and sport fisheries;  (iii) Surface and groundwater quality and quantity and flood moderation;  (iv) Habitat and species diversity;  (v) Outdoor recreation, including enhancement of scenic waterways; and  (vi) Scientific and research values;    (C) Location of a mitigation bank in relation to the:  (i) Location of permit actions where mitigation banks might be used;  (ii) Probability of establishing successful mitigation bank projects; and  (iii) Maximization of aquatic resources functions and values; and    (D) Regional economic needs.      (c) For each mitigation bank, the Department of Agriculture shall establish a well-defined plan, including preliminary objectives, an inventory of resource values, and an evaluation and monitoring program.  (d) Lands for the mitigation bank shall not be acquired by condemnation.
AR Code § 15-22-1006 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1006. Resource values and credits for mitigation banks — Use and withdrawal of credits — Annual evaluation of system

 (a) For each mitigation bank, the Executive Director of the Arkansas Natural Resources Commission, in consultation with the Wetlands Technical Advisory Committee, shall establish a system of aquatic resources values and credits consistent with compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961.  (b) The executive director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the executive director determines that the implementation of the plan will likely result in the established aquatic resources function on the site.  (c) The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank.  (d) The executive director annually shall:  (1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and  (2)  (A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the executive director anticipated the mitigation bank would provide.  (B) If the executive director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the executive director shall:  (i) Suspend the withdrawal of credits to that mitigation bank; or  (ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.
AR Code § 15-22-1007 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1007. Monitoring activities in mitigation banks — Reports

 (a) The Arkansas Natural Resources Commission shall maintain a record of actions for each mitigation bank and conduct monitoring of mitigation banks with moneys set aside for that purpose in the Arkansas Water Development Fund.  (b) The commission shall provide annual reports to the Wetlands Technical Advisory Committee of moneys spent and received for each mitigation bank.
AR Code § 15-22-1008 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1008. Rules

 The Arkansas Natural Resources Commission shall adopt rules necessary and convenient to carry out the provisions of this subchapter.
AR Code § 15-22-1009 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1009. Consultation and cooperation with other agencies and interested parties — State agencies to use mitigation bank

 (a) The provisions of this subchapter shall be carried out by the Arkansas Natural Resources Commission in consultation with the Wetlands Technical Advisory Committee.  (b) All public agencies requiring permit action mitigation, when practicable, shall use mitigation banks created under this subchapter.
AR Code § 15-22-1010 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1010. Arkansas wetlands mitigation bank funds to be deposited into the Arkansas Water Development Fund — Receipts

 (a) All moneys received for carrying out the provisions of this subchapter shall be deposited into the Arkansas Water Development Fund.  (b)  (1) The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund.  (2) The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the activity against which each withdrawal is charged.
AR Code § 15-22-1011 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1011. Sources of funds

 The following moneys shall be paid into the Arkansas Water Development Fund and used for purposes contained in this subchapter:   (1) Moneys received from the sale of mitigation bank credits;  (2) Any moneys appropriated for that purpose by the General Assembly;  (3) Moneys obtained by gift, bequest, donation, or grant from any public or private source for the purposes of carrying out the intent of this subchapter;  (4) Moneys obtained from state financial assistance programs for the purpose of carrying out the intent of this subchapter; and  (5) Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this subchapter.
AR Code § 15-22-1012 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 10 - Arkansas Wetlands Mitigation Bank Act|§ 15-22-1012. Use of funds

 The Arkansas Natural Resources Commission may use the moneys in the Arkansas Water Development Fund for the following purposes:   (1) For the voluntary acquisition of land suitable for use in mitigation banks;  (2) To pay for costs incurred for alterations needed to create, restore, or enhance aquatic resources areas for purposes of carrying out the provisions of this subchapter;  (3) For payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter;  (4) To repay financial assistance received from state financial assistance programs, including interest and applicable fees, used for the purposes of carrying out the intent of this subchapter; and  (5) Any other purpose related to wetland, stream, deep water aquatic habitat, or aquatic resources creation or restoration.
AR Code § 15-22-1101 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 11 - Safe Drinking Water Fund|§ 15-22-1101. Definitions

 As used in this subchapter:   (1) “Administrative account” means the Drinking Water State Administrative Account established by this subchapter within the Safe Drinking Water Fund;  (2) “Authority” means the Arkansas Development Finance Authority or a successor agency or commission of the state;  (3) “Commission” means the Arkansas Natural Resources Commission or a successor agency or commission of the state;  (4) “Department” means the Department of Health or a successor agency of the state;  (5) “Fund” means the Safe Drinking Water Fund established by this subchapter;  (6) “Owner” means the owner or prospective owner of a water system, excluding any federal agencies;  (7) “Revolving loan account” means the Drinking Water State Revolving Loan Fund Account established by this subchapter within the fund;  (8) “Safe Drinking Water Act” means the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, and its subsequent amendments or successor provisions;  (9) “Set aside account” means the Drinking Water State Set Aside Account established by this subchapter within the fund;  (10) “State” means the State of Arkansas;  (11) “State grants account” means the Drinking Water State Grants Account established by this subchapter within the fund; and  (12)  (A) “Water system” means a public water system within the meaning of the Safe Drinking Water Act.  (B) The water system may be owned publicly or privately and shall include particularly, without limitation:  (i) Distribution and transmission lines;  (ii) Storage, production, pumping, and treatment facilities;  (iii) Impoundments;  (iv) Reservoirs;  (v) Wells;  (vi) Source water protection;  (vii) Land;  (viii) Rights-of-way; and  (ix) Conservation easements.
AR Code § 15-22-1103 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 2 - Land and Water Resources Generally|Chapter 22 - Water Resources|Subchapter 11 - Safe Drinking Water Fund|§ 15-22-1103. Administration of fund generally

 (a)  (1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act.  (2) The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund.  (3) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act.  (4)  (A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account.  (B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance.  (C) The department may delegate its authority under this subsection to the commission.      (b) The commission shall maintain full authority for the operation of the fund except the Drinking Water State Set Aside Account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund.  (c) To the extent moneys provided by the United States Government under the Safe Drinking Water Act and nonappropriated state matches do not designate the account into which those moneys shall be deposited, the moneys shall be deposited into the accounts within the fund as designated by the commission.