reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-602 - Definition

Throughout this subchapter, unless the context otherwise requires, "original district" includes the district which was first created in the circuit court and all subdistricts within and appurtenant to that district.
Acts 1947, No. 371, § 2; A.S.A. 1947, § 21-578.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-603 - Dividing district land according to county boundaries

Any drainage district in this state not organized for the primary purpose of constructing levees and receiving federal aid under Flood Control Acts of Congress, approved May 15, 1928, and June 15, 1936, and amendments thereto, comprising lands in more than one (1) county and organized under the provisions of the general drainage laws which have no outstanding unpaid bonds or other evidences of indebtedness may be divided into separate districts comprising the lands in each county of the original district for the purpose of preserving the drainage system, of keeping the ditches clear from obstructions and of extending, widening, or deepening the ditches from time to time as may be found advantageous to the lands in the separate district or districts, as provided in this subchapter.
Acts 1947, No. 371, § 1; A.S.A. 1947, § 21-577.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-604 - Filing petition for separation - Order

(a)
Any five (5) owners of land within the boundaries of the original district may file a petition in the circuit court of the county in which the district was originally organized, setting forth the fact that:
(1)
The improvement for which the district was originally organized has been completed;
(2)
The district comprises lands in more than one (1) county, that all obligations of the district have been paid in full, that the drainage district was not organized primarily for the construction of levees and has not received federal aid under Flood Control Acts of Congress approved May 15, 1928, and June 15, 1936, and amendments thereto, and praying that the lands in the county mentioned in the petition be separated from the original district for the purposes set forth in §
14-121-603
.
(b)
If the circuit court in which the petition is filed shall find the facts set forth in the petition to be true, the court shall enter an order granting the prayer of the petition for the purposes of this subchapter.
(c)
Upon the filing of a certified copy of the order in the county court of the county set forth in the petition, the county court shall thereupon enter an order establishing a separate district which shall be named in the order and which shall comprise the lands in the county which were included in the district as originally organized.
Acts 1947, No. 371, § 3; A.S.A. 1947, § 21-579.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-605 - Commissioners of separate districts

(a)
The county court shall appoint three (3) owners of real property within the boundaries of the separate district as commissioners thereof.
(b)
Each commissioner shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not be directly or indirectly interested in any contract made by the board.
(c)
Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined to act, and his place shall be filled by the county court of that county.
(d)
All vacancies on the board shall be filled by the county court, or the judge thereof in vacation, but if a majority in value of the owners of real property in the subdistrict shall petition for the appointment of a particular person or persons as commissioners, it shall be the duty of the county court to appoint the person or persons so designated.
(e)
The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum.
(f)
The county court shall remove any member of the board on petition of a majority in value of the owners of real property in the district.
Acts 1947, No. 371, § 4; A.S.A. 1947, § 21-580.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-606 - Commissioners of original district

When the order has been entered by the county court and the commissioners have qualified as such under provisions of this subchapter, the lands in each county shall no longer be a part of the district as originally organized, and the power of the original district and the commissioners thereof to levy a tax on the lands in the county so separated from the original districts for the purposes provided in §
14-121-412
or for any other purposes shall terminate, but their authority as to all other lands located in the original district shall not be thereby affected.
Acts 1947, No. 371, § 5; A.S.A. 1947, § 21-581.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 6 - FORMING MAINTENANCE DISTRICTS WITHIN ORIGINAL DISTRICTS (§§ 14-121-601 — 14-121-607) › Section 14-121-607 - Powers of separate districts

The separate districts shall have the power to preserve the portion of the drainage system located in the county as provided in §
14-121-412
in the same manner as if the separate district had originally been organized under the laws of Arkansas as a drainage district comprising lands in one (1) county. However, the circuit court in which the original district was organized shall have authority to cause to be levied and collected a tax on all the lands of the original district for the purpose of paying the expenses incident to the cleaning out, but not for the purpose of extending, widening, or deepening existing ditches so as to provide an adequate outlet for the entire drainage system of the original district.
Acts 1947, No. 371, § 5; A.S.A. 1947, § 21-581.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 7 - ANNEXING CERTAIN BENEFITED LANDS TO DISTRICT (§§ 14-121-701 — 14-121-706) › Section 14-121-701 - Lands to be annexed

Where any slough, marsh, or lake has been drained into the drainage ditches of any drainage district which has completed its work of construction, lands benefited by the draining of the slough, marsh, or lake may be added to the drainage district in the manner provided by §
14-121-703
, but in no case shall lands paying taxes in another drainage district be added to any drainage district under the provisions of this subchapter, and in no case shall lands, lots, or blocks already in a drainage district be in any way affected by the provisions of this subchapter.
Acts 1927, No. 180, § 1; Pope's Dig., § 4530; A.S.A. 1947, § 21-534.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 7 - ANNEXING CERTAIN BENEFITED LANDS TO DISTRICT (§§ 14-121-701 — 14-121-706) › Section 14-121-702 - Addition of sanitary sewer district - Taxes and bonds

(a)
If any sanitary sewer district drains into the ditches or conduits of any drainage district which has completed its work of construction, or if private or other public sanitary sewers drain into the ditches or conduits, the lands within the sanitary sewer district or the lands served by those private or other public sewers may be added to the drainage district in the manner provided in §
14-121-703
.
(b)
If lands, lots, or blocks served by sanitary sewers are added to the drainage district, they shall not be taxed exceeding an average of fifty cents (50¢) per year for each lot or parcel of land fifty feet by one hundred fifty feet (50' x 150'), and more or less for larger or smaller tracts or parcels of land. It is ascertained that the average benefits to the lands, lots, or parcels derived from the sanitary sewer drainage will not exceed that sum.
(c)
The commissioners of any drainage district, with the consent of the chancery court in which the lands of the district are located, shall have the right to sell additional bonds for the purpose of cleaning, widening, deepening, and completing necessary ditches for the proper drainage of the district.
Acts 1927, No. 180, § 2; Pope's Dig., § 4531; A.S.A. 1947, § 21-535.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 7 - ANNEXING CERTAIN BENEFITED LANDS TO DISTRICT (§§ 14-121-701 — 14-121-706) › Section 14-121-704 - Assessment or reassessment of benefits

(a)
When lands have been annexed, the assessor of the drainage district shall proceed to assess the benefits in the annexed territory.
(b)
Where there are no assessors, the board of commissioners shall act as assessors.
(c)
The benefits shall be assessed, advertised, and equalized in the manner provided in §§
14-121-402
,
14-121-404
, and
14-121-405
, and appeals from the proceedings confirming the assessment must be taken within the time therein provided.
(d)
If the commissioners of that drainage district deem it best, they may have a reassessment of all the benefits in the entire district, so as to equalize the burden, which reassessment shall be made, advertised, and equalized as above provided.
Acts 1927, No. 180, § 4; Pope's Dig., § 4533; A.S.A. 1947, § 21-537.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 7 - ANNEXING CERTAIN BENEFITED LANDS TO DISTRICT (§§ 14-121-701 — 14-121-706) › Section 14-121-705 - Use of increased revenues

Any increased revenues by reason of the annexes to a district together with any other revenues of any district not required for bonds and interest payments may be used by the commissioners for the purpose of cleaning, widening, deepening, or maintaining the drainage ditches of the districts.
Acts 1927, No. 180, § 5; Pope's Dig., § 4534; A.S.A. 1947, § 21-538.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 7 - ANNEXING CERTAIN BENEFITED LANDS TO DISTRICT (§§ 14-121-701 — 14-121-706) › Section 14-121-706 - Legal proceedings

All proceedings brought under this subchapter and all suits to enjoin such proceedings or questioning the assessment of benefits had hereunder shall be deemed matters of public interest and shall be disposed of at the earliest possible moment. Appeals therefrom must be taken and perfected within thirty (30) days.
Acts 1927, No. 180, § 6; Pope's Dig., § 4535; A.S.A. 1947, § 21-539.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-802 - Contractor's bond

All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient securities, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.
Acts 1909, No. 279, § 14, p. 829; C. & M. Dig., § 3622; Pope's Dig., § 4473; Acts 1969, No. 27, § 1; A.S.A. 1947, § 21-524.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-803 - Right to pass over land - Commissioners, engineers, and contractors

(a)
The commissioners, engineers, and contractors engaged in drainage work have the right to pass, with their equipment, over all the lands of the district, being liable to the owner for any damage done thereto.
(b)
Any owner who prevents the passage over his or her land is guilty of a violation and upon conviction shall be fined one hundred dollars ($100) for each day that he or she prevents the passage.
Amended by Act 2023, No. 203,§ 23, eff. 8/1/2023.
Acts 1909, No. 279, § 33, p. 829; C. & M. Dig., § 3653; Pope's Dig., § 4504; A.S.A. 1947, § 21-525.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-804 - Landowner ditches draining into public ditches - Crossing lands of another

(a)
Any landowner within the district may build ditches to drain his lands into the public ditches.
(b)
If any intervening landowner should refuse permission to cross his lands with such ditch, the landowner seeking to construct the ditch may, by proceedings in the circuit court to be conducted in the same manner as condemnation proceedings instituted by railroad, telegraph, and telephone companies, condemn a right-of-way for the ditch.
(c)
In those proceedings, the jury shall deduct from the damages the benefits that will accrue to the intervening landowner by the construction of the ditch, and the intervening landowner shall have the right to use the ditch for the drainage of his own lands.
Acts 1909, No. 279, § 19, p. 829; C. & M. Dig., § 3627; Pope's Dig., § 4478; A.S.A. 1947, § 21-527.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-805 - Ditches across or under highways, railroads, or bridges

(a)
The commissioners shall have the right to carry the ditches across any highway.
(b)
Ditches may also be carried under or through any railroad track or tramway, and the owner thereof shall have no claim for damages on that account but shall bridge the ditch at its own expense.
Acts 1909, No. 279, § 28, p. 829; C. & M. Dig., § 3648; Pope's Dig., § 4499; A.S.A. 1947, § 21-528.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-806 - District duty to build highway bridges over ditches

The district shall build bridges to carry the county highways over the ditches dug by it.
Acts 1913, No. 177, § 16; C. & M. Dig., § 3648; Pope's Dig., § 4499; A.S.A. 1947, § 21-529.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-807 - Regulations for district fences, bridges, etc

(a)
In order to prevent damages to drainage systems and to secure the best results from their construction, the board of commissioners of any district may:
(1)
Make regulations for and may prescribe the manner of building fences and bridges across any ditch or other construction; and
(2)
Prescribe the manner in which branch ditches or tile lines shall enter the ditches of the district, and the means by which crossings shall be made over levees.
(b)
The construction of any fences, bridges, or other construction and the digging of any lateral ditches into the ditches of the district in a manner contrary to that specified by the commissioners shall be a misdemeanor, punishable by a fine of not to exceed one hundred dollars ($100).
(c)
The commissioners shall have authority to enforce the regulations and may remove any construction or may close any opening improperly made.
Acts 1913, No. 177, § 7; C. & M. Dig., § 3640; Pope's Dig., § 4491; A.S.A. 1947, § 21-530.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-808 - Construction of ditches beyond district limits

(a)
In case it is necessary to do so in order to obtain a proper outlet for the drainage system or otherwise to perfect the system of improvements, the commissioners may construct ditches or do other work on land beyond the jurisdiction of the county court or which for other reasons cannot be included in the district, so as to secure the object of the improvement.
(b)
In that event, they shall have the right to condemn a right-of-way for that drain or other construction.
(c)
The proceedings for the right-of-way shall be the same that are now provided by law for the condemnation of the rights-of-way for railroads, telegraphs, and telephones.
(d)
The ditch or drain beyond the limits of the districts shall be the property of the district, and no person, corporation, or other drainage district not assessed shall have the right to dig any lateral drain connecting therewith without paying compensation to be fixed by the circuit court.
Acts 1909, No. 279, § 21, p. 829; 1913, No. 177, § 4; C. & M. Dig., § 3629; Pope's Dig., § 4480; A.S.A. 1947, § 21-532.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-809 - Construction, reconstruction, replacement, and repair of certain levees and setbacks

(a)
All drainage districts organized under special acts of the General Assembly are given authority to construct, reconstruct, repair, and replace levees and to construct setbacks abutting drainage ditches whenever deemed necessary and proper by the board of directors of the district for the benefit of the lands of the district in securing better drainage for those lands and preventing overflows and destruction of the crops and the erosion of lands within the district. They are given the power of eminent domain over such lands as may be necessary for the purpose.
(b)
The drainage districts shall have a further right and authority to obligate the district to maintain and keep in proper repair any levees which may be constructed, reconstructed, repaired, or replaced within the district by the federal government for the benefit of the lands within the district and to further obligate the district to keep its drainage ditches and their outlets free of obstructions.
Acts 1945, No. 213, §§ 1, 2; A.S.A. 1947, §§ 21-570, 21-571.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-810 - Ownership of timber on right-of-way

In case the right-of-way for the improvement is through timber, the ownership of the timber shall pass to the district with the control of the right-of-way, and the board of commissioners may use or dispose of the timber as they deem best.
Acts 1913, No. 177, § 9; C. & M. Dig., § 3642; Pope's Dig., § 4493; A.S.A. 1947, § 21-522.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 8 - CONSTRUCTION AND MAINTENANCE GENERALLY (§§ 14-121-801 — 14-121-811) › Section 14-121-811 - Authority to obtain and dispose of maintenance equipment - Personnel - Tax

(a)
(1)
Boards of commissioners of drainage districts organized under the laws of Arkansas are authorized upon petition of the majority of the property owners in their districts, or upon petition of the owners of the majority of the property in their district, to purchase, lease, or rent, separately as individual districts or jointly with other districts, machinery, equipment, and material to be used in repairing, deepening, widening, and clearing the ditches of their districts.
(2)
The commissioners are further authorized to employ and fix the compensation to be paid such personnel as may be necessary and incidental for the use of the machinery, equipment, and material obtained.
(3)
(A)
For the purpose of carrying out the provisions of this section, the drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law.
(B)
The tax may be levied as a flat tax per acre.
(4)
Commissioners are further authorized to sell or lease machinery, equipment, or material purchased under the provisions of this section, the proceeds of the sale or lease to be deposited to the credit of the district's maintenance fund in the established depository of the district.
(b)
As used in this section, unless the context otherwise requires, "compensation" means all salaries, hourly wages, retirement allowances, group insurance, medical benefits, and anything else of value that the district provides in return for work done by the personnel.
(c)
This section is supplemental and does not repeal any existing drainage law.
Acts 1947, No. 95, §§ 1, 2; 1967, No. 206, §§ 1, 2; A.S.A. 1947, §§ 21-575, 21-576; Acts 1995, No. 343, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 9 - CLEANING PUBLIC DRAINS (§§ 14-121-901 — 14-121-903) › Section 14-121-901 - Board

For the purpose of keeping a small cash fund on hand with which to clean out the public drains of this state, the county judge, county clerk, and sheriff of each county of this state wherein are located any public drains shall be and compose a board, of which the county judge shall be president and the county clerk shall be secretary, whose duty it shall be to ascertain the amount necessary to keep each public drain in their respective counties clean for the next ensuing year and certify the amount to the several quorum courts of the counties at the regular sessions of the courts for the levying of other taxes. It shall then be the duty of the levying court to levy the amount so certified as other taxes are levied, which amount so levied shall be by the county clerk extended as taxes against the lands assessed for the construction of each public drain in the same proportion as the land was originally assessed for the construction of the ditch, and when extended the amount shall be a lien upon the land. The land shall be subject to sale for the nonpayment of the incidental ditch tax and be sold in default of the payment of the tax as in cases of other delinquent taxes.
Acts 1907, No. 314, § 1, p. 746; C. & M. Dig., § 3657; Pope's Dig., § 4508; A.S.A. 1947, § 21-401.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 9 - CLEANING PUBLIC DRAINS (§§ 14-121-901 — 14-121-903) › Section 14-121-902 - Treasurers to keep separate account with drainage district

The county treasurers of this state shall keep upon their books a separate account with each public drainage district of their county, and no money collected under the provisions of §
14-121-901
shall be paid out only for the purpose of keeping clean the particular public ditch for which it was collected.
Acts 1907, No. 314, § 2, p. 746; C. & M. Dig., § 3658; Pope's Dig., § 4509; A.S.A. 1947, § 21-402.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 9 - CLEANING PUBLIC DRAINS (§§ 14-121-901 — 14-121-903) › Section 14-121-903 - Unpaid amounts considered in making estimate - Extension of overdue amounts

(a)
Whenever there shall remain due and unpaid at the date of the passage of this act any amounts for labor performed in cleaning out any of the public drains of this state, it shall be the duty of the board provided for in this act to take these amounts into consideration in making their estimates of the expenses of keeping the drains clean for the ensuing year. These amounts shall be paid out of the money arising from the amount certified by the board and collected as provided in §
14-121-901
.
(b)
Where fees have already been paid by the owner of any particular tract of land subject to the tax, no further amount shall be assessed against the land. The amount provided for in this section shall only be extended against the land as has not already been paid on. The county clerk, in extending the overdue amount, shall only extend the amount against the land as has not been previously paid, which amount shall be in addition to the land's share of the necessary amount to keep the drain clean for the ensuing year.
Acts 1907, No. 314, § 4, p. 746; C. & M. Dig., § 3660; Pope's Dig., § 4511; A.S.A. 1947, § 21-404.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1001 - Applicability

The provisions of this act shall be applicable to any drainage district of this state which shall meet all the following requirements:
(1)
The district shall have been created either by order of the county court or the circuit court on appeal;
(2)
All lands within the district shall be within a single county;
(3)
No assessment of benefits shall have been confirmed by the county court or the circuit court on appeal;
(4)
No bonds shall have been issued by the districts secured by a valid pledge of any assessments, benefits, or betterments;
(5)
The district shall have been created without petitions in favor thereof having been filed, signed by a majority either in numbers, in acreage, or in value of the holders of real property within the district.
Acts 1955, No. 116, § 1; A.S.A. 1947, § 21-561.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1002 - Filing petition

The board of commissioners of any drainage district subject to the provisions of this act and meeting the requirements of §
14-121-1001
, or not less than a majority of the property owners in the district determined either in number, in acreage, or in value of the lands of the district, when they deem it inadvisable or impractical and not for the best interest of the property owners of the district to construct the improvements contemplated by the organization of the district, may file a petition in the county court wherein the original petition to create the district was filed praying the court to abolish or dissolve the district. In the petition, the commissioners or landowners filing the petition shall set up their reasons why they are of the opinion the district should be abolished or dissolved.
Acts 1955, No. 116, § 2; A.S.A. 1947, § 21-561.2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1003 - Notice and hearing

(a)
Upon the filing of the petition the court shall direct the clerk of the court to give notice by publication in some newspaper in the county in which the property in the district lies for not less than two (2) consecutive weekly publications, which notice shall set out the purpose of the petition and the day set for the hearing thereon. The court shall fix a day for the hearing of the petition and shall hear the evidence thereon, and if it is of the opinion that it is for the best interests of the property owners of the district that the petition be granted, it shall abolish or dissolve the district, but if it is of the opinion that it is for the best interest of the property owners that the organization of the district be continued, then it shall overrule the petition.
(b)
The overruling of one petition for the abandonment of a district or a determination of the court in that hearing that the petition is not signed by the requisite number of landowners shall not be a bar to the filing of another petition for that purpose.
Acts 1955, No. 116, § 3; A.S.A. 1947, § 21-561.3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1004 - Contracts during pendency of petition

During the pendency of the petition and prior to the hearing on it, the county court may, in its discretion and by its order, prohibit the commissioners of the district subject to the term of this act at the time of the filing of the petition from the making of contracts, the pledging of assessments or betterments, the incurring of new indebtedness or the issuance of bonds or other obligations of the district.
Acts 1955, No. 116, § 4; A.S.A. 1947, § 21-561.4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1005 - Valid indebtedness unimpaired

No dissolution of a district under the terms of this act shall impair or deny any creditor of the district the right to the collection of its bona fide and valid indebtedness existing against the district, but the creditors of the district shall be subject to the provisions of this act in connection with the presentation, allowance, or other adjudication with reference to their claim.
Acts 1955, No. 116, § 5; A.S.A. 1947, § 21-561.5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1006 - Claims against district

(a)
All claims against the district existing at the time the county court shall make an order for the dissolution of the district must be presented to the commissioners duly itemized and verified as is required in actions of account. If not presented to the commissioners of the district within six (6) months from the date of the county court order of dissolution, claims shall forever be barred.
(b)
Within ten (10) days from the allowance or disallowance of any claim presented to the commissioners, the claim shall be filed by the commissioners in the county court with an endorsement thereon as their allowance or disallowance of the same, and within thirty (30) days from the filing of the claim or account in the county court, the county court shall make its order either approving, rejecting, or modifying the actions of the commissioners with reference to any such indebtedness. Within the time allowed by law for appeal from orders of the county court, either the district or any landowner therein or any party claiming to be a creditor of the district may either appeal from the order of the county court to the circuit court or any creditor may institute an action against the district in any court of competent jurisdiction for the determination of the determination of the existence and amount of his claim.
Acts 1955, No. 116, § 6; A.S.A. 1947, § 21-561.6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1007 - Partial continuance

(a)
All drainage districts which are dissolved or abolished pursuant to the terms of this act shall nevertheless be continued in existence for the purpose of prosecuting and defending suits by or against the district and for the purpose of enabling the district to settle, close its business, to dispose of and convey its property, to levy, receive, and distribute taxes which are levied or collected for the purpose of meeting the obligations of the district, but not for the purpose of constructing the improvements for which the district shall have been established or for the purpose of creating any new indebtedness therefor other than indebtedness incident to the liquidation and settlement of the affairs of the district.
(b)
Notwithstanding the order of dissolution, commissioners may be appointed or removed in the same manner as if the order of dissolution had not been made.
Acts 1955, No. 116, § 7; A.S.A. 1947, § 21-561.7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1008 - Indebtedness of dissolved districts - Levy and collection of tax

(a)
When the indebtedness owing by a district dissolved under the provisions of this act shall have been determined, it shall be the duty of the commissioners to certify to the county court their determination as to a tax levy upon the real property of the district which is sufficient to pay the indebtedness thereof, including the reasonable expenses of dissolution and settlement of the affairs of the district, which expenses shall be subject to the approval, modification, or rejection by the county court. Upon ascertainment by the county court that the levy is required for the purpose of this act, the county court shall approve the levy by its order and certify the amount of the levy to the quorum court of the county in which the district is located.
(b)
The levy shall be upon the assessed value of the real property in the district for the state and county taxation as it appears upon the county assessment records.
(c)
The taxes shall be collected and delinquencies shall be enforced in the same manner as if the district had continued in existence for the purpose of making the improvements contemplated by its original organization.
Acts 1955, No. 116, §§ 8, 9; A.S.A. 1947, §§ 21-561.8, 21-561.9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1009 - Procedure when construction of improvement abandoned and all indebtedness paid

(a)
The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district to construct the improvements contemplated by the organization of the district, may, when all indebtedness of the district has been fully paid, file a petition in the court in which the district was organized praying the court to abolish the district. In the petition the commissioners shall set up the reasons why they are of the opinion the district should be abolished.
(b)
(1)
Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies, for not less than two (2) consecutive weekly publications.
(2)
The notice shall set out the purpose of the petition and the day set for the hearing thereof.
(c)
The court shall fix a day for the hearing of the petition and shall hear the evidence thereon.
(d)
(1)
If the court is of the opinion that it is for the best interests of the property owners of the district that the petition be granted, it shall abolish the district.
(2)
If the court is of the opinion that it is for the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition.
(e)
The overruling of one petition for the abandonment of a district shall not be a bar to the filing of another petition for that purpose.
Acts 1927, No. 59, § 3; Pope's Dig., § 4523; A.S.A. 1947, § 21-561.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 10 - DISSOLUTION OR ABOLITION OF DISTRICTS (§§ 14-121-1001 — 14-121-1010) › Section 14-121-1010 - Procedures when improvements are abandoned, no maintenance assurances are given, and all indebtedness is paid

(a)
(1)
The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district for the district to continue in operation, when all indebtedness of the district has been fully paid and if no assurance of continued operation and maintenance has been given to the United States or the state, may file a petition in the court in which the district was organized praying the court to abolish the district.
(2)
(A)
In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished.
(B)
In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits.
(b)
(1)
Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies for not less than two (2) consecutive weekly publications.
(2)
The notice shall set out the purpose of the petition, the plan of distribution, and the day set for the hearing on the petition.
(c)
The court shall fix a day for the hearing of the petition and shall hear the evidence on the petition.
(d)
(1)
If the court is of the opinion that it is in the best interests of the property owners of the district that the petition be granted, it shall by order approve the plan of distribution and, upon proper distribution of funds, abolish the district.
(2)
If the court is of the opinion that it is in the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition.
(e)
The overruling of one (1) petition for the abandonment of a district shall not be a bar to the filing of another petition for that purpose.
Acts 1999, No. 1321, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1101 - Legislative determination

It is found and declared as a matter of legislative determination that the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created places an undue burden on the districts, causes an unnecessary duplication of work, and increases the cost of construction, operation, and maintenance of the districts and their facilities. Further, the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created can be greatly benefited by the merger of drainage districts with other similar drainage districts, levees, and drainage projects, and merger will create economies of scale to achieve a significant savings in administrative and operational costs.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1102 - Definitions

As used in this subchapter:
(1)
In cases where the drainage district contains lands in more than one (1) county, "county court", "county judge", and "county clerk" shall be construed to mean "circuit court", "circuit judge", and "circuit clerk", respectively, of the judicial circuit containing the majority in assessed value of the lands of the merged district; and
(2)
"Drainage district" includes any drainage district organized under Acts 1909, No. 279, codified as §§
14-121-101
,
14-121-102
,
14-121-104
,
14-121-105
,
14-121-201
-
14-121-205
,
14-121-207
,
14-121-301
,
14-121-304
,
14-121-305
,
14-121-307
,
14-121-310
,
14-121-311
,
14-121-313
,
14-121-401
-
14-121-406
,
14-121-408
,
14-121-411
,
14-121-412
,
14-121-422
-
14-121-432
,
14-121-440
-
14-121-442
,
14-121-802
-
14-121-805
, and
14-121-808
and any drainage district organized under other acts which have been reorganized under Acts 1909, No. 279, as provided for by §
14-121-207
.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1103 - Subchapter cumulative

This subchapter shall be construed to be cumulative to existing laws relating to drainage districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the purpose of this subchapter to permit the merger by one (1) or more drainage districts of the duties, obligations, and purposes for which the districts were originally created under the provisions of this chapter and amendments thereto.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1104 - Authority to merge

(a)
Any drainage district may merge all its required duties, obligations, and purposes whereby it carries out drainage projects with the duties, obligations, and purposes required of any other drainage district if it follows the terms and procedures of this subchapter in order to merge with the other drainage district.
(b)
In order to effect the merger, the drainage district may:
(1)
Combine into one (1) operation the organization and administration of the drainage districts and the operation and maintenance of the drainage levees and projects for which the districts were originally created;
(2)
Levy and collect one (1) assessment for construction, operation, and maintenance of any and all operations and projects coming under the management and control of various districts prior to the merger and operations commenced by the district subsequent to merger;
(3)
Use the funds arising from the assessments so levied for the payment of any obligation incurred in the construction, operation, or maintenance of any operation or project merged; and
(4)
Cause an assessment of benefits to be made of the benefits arising from the merged construction, operation, and maintenance for which the districts were originally created and for those arising from the merged district.
Acts 1999, No. 329, § 1.