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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-101 - Title

This chapter may be cited as "The Regional Water Distribution District Act."
Acts 1957, No. 114, § 1; A.S.A. 1947, § 21-1401.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-102 - Purpose

Public nonprofit regional water distribution districts may be organized under this chapter for any one (1) or more of the following purposes:
(1)
Acquisition of water from wells, lakes, rivers, tributaries, or streams of or bordering this state or from existing reservoirs heretofore created by the construction of dams by or under the direction and supervision of the United States Army Corps of Engineers;
(2)
Acquisition of water, water storage facilities, and the storage of the water in reservoirs created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers, or by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law;
(3)
Purification, treatment, and processing of the water;
(4)
Furnishing the water to persons desiring it;
(5)
Assisting in the installation and operation of the water and transportation facilities of persons who are furnished water by the water district and the acquisition, supply, or installation of equipment necessary therefor;
(6)
Transportation and delivery of the water to persons furnished it by the water district;
(7)
In the case of a district in existence on January 1, 2001, other than a district the lands within which are subject to assessment under §
14-116-601
et seq., owning, acquiring, operating, constructing, equipping, improving, expanding, contracting, concerning, and otherwise dealing in and with regard to properties, real, personal, or mixed, tangible and intangible, for the purpose of the collecting, transporting, treating, and disposing of sewage and liquid waste, industrial, commercial, and residential; and
(8)
Carrying out the functions as may be related and appropriate to the accomplishment of the purposes enumerated in this section.
Acts 1957, No. 114, § 3; 1963, No. 120, § 2; 1973, No. 137, § 1; A.S.A. 1947, § 21-1403; Acts 2001, No. 618, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-103 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Acquire" means and includes construct, acquire by purchase, lease, devise, gift, or other mode of acquisition;
(2)
"Board" means a board of directors of a regional water distribution district organized under this chapter;
(3)
"Commission" means the Arkansas Soil and Water Conservation Commission;
(4)
"Court" means the circuit court creating the water district pursuant to §
14-116-201
et seq.;
(5)
"Improvement project area" means an area established by the court within the district for which an approved improvement plan has been developed and for which assessment of benefits may be made to pay the cost of development, construction, operation, and maintenance of the improvement plan and its works of improvement;
(6)
"Improvement plan" means a plan developed by a water district to carry out any of the purposes contained in §
14-116-102
or the ancillary benefits derived therefrom within an improvement project area;
(7)
"Obligation" includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a regional water distribution district formed under this chapter;
(8)
"Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state agency, state or political subdivision thereof, municipality, or any body politic;
(9)
"Reservoir" means any impoundment of water through the construction of a dam by or under the direction and supervision of the United States Army Corps of Engineers, or by the water district, with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law;
(10)
"Water district" or "district" means a nonprofit regional water distribution district organized pursuant to the provisions of this chapter;
(11)
"Works of improvement" means any facilities developed by the water district as district as part of an improvement plan which need not be located exclusively within a proposed improvement project area or within the water district.
Acts 1957, No. 114, § 2; 1963, No. 14, § 16; 1963, No. 120, § 1; A.S.A. 1947, § 21-1402; Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-104 - Chapter controlling

This chapter is complete in itself and shall be controlling. The provisions of any other law of this state, except as provided in this chapter, shall not apply to a water district organized under this chapter.
Acts 1957, No. 114, § 16; A.S.A. 1947, § 21-1415.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-105 - Construction

This chapter shall be construed liberally. The enumerating of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Acts 1957, No. 114, § 14; A.S.A. 1947, § 21-1414.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-106 - Joint projects

(a)
It is the intent and purpose of this section and §
25-20-103
to permit any two (2) or more water districts created under this chapter to jointly and cooperatively undertake and carry out any purpose or project which a single water district created under this chapter is authorized to undertake and carry out. It is further the intent that any agreement entered into by two (2) or more water districts pursuant to the authority granted in this section to undertake a joint or cooperative project shall, so far as practical, be entered into in conformity with the requirements and provisions of the Interlocal Cooperation Act, §
25-20-101
et seq.
(b)
Any two (2) or more water districts created under this chapter are authorized to enter into an agreement or agreements for the joint or cooperative exercise of any power or authority or for the undertaking of any project which a single water district created under this chapter could exercise or undertake.
(c)
Any agreement or agreements between two (2) or more water districts pursuant to the authority granted in this section and §
25-20-103
shall, so far as practicable, be entered into in accordance with the provisions of the Interlocal Cooperation Act, §
25-20-101
et seq. Any power or authority exercised or any project undertaken jointly or cooperatively by the agreeing water districts pursuant to the agreement shall be exercised, undertaken, and consummated in accordance with the provisions of this chapter.
Acts 1975, No. 208, §§ 1-3, 5; A.S.A. 1947, §§ 21-1416 -- 21-1418.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-116-101 — 14-116-107) › Section 14-116-107 - Applicability of Regional Water Distribution District Act

The provisions of §
14-116-101
et seq., the Regional Water Distribution District Act, as now or hereafter amended, shall not be applicable to agencies of the State of Arkansas or of political subdivisions of the state, nor to lands owned by such agencies.
Acts 1995, No. 838, § 10.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-201 - Authority to petition for district establishment

(a)
When there is water available for industrial, municipal, or agricultural irrigation water supply purposes from wells, lakes, rivers, tributaries, or streams of this state or bordering on this state or from reservoirs heretofore created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when the United States Congress has enacted a law authorizing the construction of a reservoir by or under the supervision and direction of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when a proposed reservoir on any stream of this state is to be constructed by a water district established under this chapter with federal or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act,
16 U.S.C. §§ 1001-1007
, or any other federal law, then one hundred (100) or more qualified voters residing and owning lands situated within the boundaries of the water district proposed to be established under the provisions of this chapter may petition the circuit court in the county to establish a water district for the purposes set out in this section.
(b)
A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.
Amended by Act 2019, No. 1025,§ 8, eff. 7/24/2019.
Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404; Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-202 - Contents of petition

The petition shall contain:
(1)
An accurate description of the territory which it is proposed shall be embraced within the water district, and a map of the territory shall be attached to the petition as an exhibit thereto;
(2)
A brief and concise statement describing the water source, whether it is wells, lakes, streams, a reservoir heretofore created by the construction of a dam, or a proposed reservoir authorized by the Congress of the United States of America or a proposed reservoir to be constructed by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law;
(3)
A brief and concise statement showing the necessity for forming and operating the proposed water district, describing the benefits to be received therefrom by the residents and property owners in the territory proposed to be embraced in the water district, and if the water district proposes to use project improvement plans and assessments, a statement that such petitioners are aware of the power of the district under this chapter to levy taxes;
(4)
The proposed name for the water district;
(5)
The proposed location of the principal office of the water district;
(6)
Other and additional information appropriate and useful in support.
Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404; Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-203 - Petition - Land in more than one county

(a)
The territory proposed to be embraced within the water district may include lands in one (1) or more counties.
(b)
If more than one (1) county is involved, the petition shall be filed in the circuit court of the county having the greatest acreage within the boundaries of the proposed water district.
Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-204 - Commission review of petition

(a)
Upon the filing of the petition in the office of the circuit clerk for the county or any one (1) of the counties where the reservoir or other water source as referred to in §
14-116-102(1)
is located or to be located, in whole or in part, the clerk shall prepare a certified copy of the petition and transmit the copy to the commission within five (5) days from the date of the filing of the petition.
(b)
Upon receipt of the certified copy, the commission shall institute an investigation of the proposed district and its territory and purposes. The commission shall, within thirty (30) days after receipt of the copy, transmit a written report of its findings on the petition to the clerk of the circuit court.
(c)
The report of the commission shall include, but not be limited to:
(1)
A finding as to how the proposed boundaries of the water district conflict with the boundaries of any existing water district of which the commission may have supervisory jurisdiction;
(2)
A finding as to whether the statement of purposes contained in the petition conforms with the intent and purposes of this chapter as applied to the area proposed to be included within the boundaries of the water district;
(3)
A finding as to whether the organization of the proposed water district would promote the general welfare and be conducive to the purposes of this chapter;
(4)
Any conditions, revisions, including revisions of area, or limitations which the commission deems necessary to the organization of the water district, the conditions, revisions, or limitations to be stated as changes in the petition. These changes shall thereupon become a part of the petition and be deemed effective without another amendment thereto.
Acts 1957, No. 114, § 5; 1973, No. 137, § 3; A.S.A. 1947, § 21-1405.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-205 - Notice of hearing

(a)
Between thirty (30) and sixty (60) days after the report of the Arkansas Natural Resources Commission has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court of the county, either in term or vacation, and the court shall thereupon enter its order:
(1)
Setting a hearing upon the petition for a day certain; and
(2)
Directing the clerk of the court to give notice of the hearing by publication for two (2) consecutive weeks in some newspaper or newspapers having a general circulation in each of the counties containing lands embraced within the boundaries of the proposed water district and, if available, on the website of the county or of the Secretary of State.
(b)
The notice shall contain:
(1)
A concise statement describing the purpose of the hearing;
(2)
A description of the territory to be embraced within the water district;
(3)
A concise statement of the action of the commission; and
(4)
A warning to all persons residing or owning property within the boundaries of the proposed water district to appear upon the date and at the time and place of the hearing to show cause, if any exists, why the petition should not be granted.
Amended by Act 2019, No. 1025,§ 9, eff. 7/24/2019.
Acts 1957, No. 114, § 5; 1973, No. 137, § 3; A.S.A. 1947, § 21-1405.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-206 - Hearing - Appeal

(a)
Upon the date and at the time and place named in the notice, the circuit court shall meet and shall hear all persons who wish to appear and advocate or resist the establishment of the water district. If the court, after being satisfied as to the sufficiency of the petition and the proceedings thereon, finds and deems it to be in the best interests of the persons residing or owning land within the boundaries of the proposed water district that the water district be established under the terms of this chapter, then the court shall enter its order establishing a water district embracing the territory described in the petition, subject to all the terms and provisions in this chapter and designating a name for the water district.
(b)
The order establishing the water district shall empower the water district, to the full extent that the State of Arkansas can grant that right, the right to acquire absolute title to and use of water stored in any water source as referred to in §
14-116-102
or in the reservoir created, or to be created, by the construction of the dam by, or under the direction and supervision of, the United States Army Corps of Engineers or by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act, or any other federal law. The water district shall by the order be empowered to enter into contracts of assurances with the United States of America for the storage, procurement, or removal of the water from the reservoir or other such water source. The order establishing the water district shall have all the force and effect of a judgment. Any person aggrieved by the entry of the order by the court may appeal, as in other cases of appeal, to the Supreme Court, from the order within thirty (30) days after the order has been made. If no appeal is taken within that time, the order authorizing and creating the water district shall be deemed conclusive, and any person residing or owning land in the district may in like manner and time appeal from any order refusing to establish the water district.
Acts 1957, No. 114, § 6; 1963, No. 120, § 4; 1973, No. 137, § 4; 1983, No. 396, § 1; A.S.A. 1947, § 21-1406.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 2 - ESTABLISHMENT OF WATER DISTRICTS (§§ 14-116-201 — 14-116-207) › Section 14-116-207 - Exclusion of land for irrigation purposes

(a)
Any owner of real property within the territory of the proposed water district may, at any time before the entry of the order establishing the district or before the entry of the order establishing an improvement project area including such real property, petition the court to exclude his property for agricultural irrigation water uses.
(b)
To exclude the property from the district, the court must make the following determinations:
(1)
The property is supplied by adequate agricultural irrigation water from surface sources or other sources; and
(2)
The property is not and will not in the future be benefited by the improvements of the proposed water district.
Acts 1957, No. 114, § 6; 1963, No. 120, § 4; 1973, No. 137, § 4; 1983, No. 396, § 1; A.S.A. 1947, § 21-1406; Acts 1995, No. 838, § 4; 1997, No. 907, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-302 - Members - Terms

(a)
(1)
Each director on the board of directors of a water district shall serve a term of six (6) years and until his or her successor is duly elected and qualified, except that one (1) of the original directors from each county shall serve a term of not more than two (2) years, one (1) for a term of not more than four (4) years, and one (1) for a term of not more than six (6) years as determined by the circuit court.
(2)
(A)
The circuit court may find at any time that it is necessary or desirable that the membership of the board of directors of the water district increase or, in the case of a water district that includes less than the entirety of a county, decrease to a number other than three (3) for each county represented in the water district in order to provide proper representation to the various parts of the water district.
(B)
In modifying the number of directors under subdivision (a)(2)(A) of this section, the circuit court shall adjust the terms of office as necessary to properly provide for staggered terms for the directors representing each part of the water district.
(b)
The term of office of the directors shall expire on December 31 of the last year of the term of each director.
Amended by Act 2019, No. 450,§ 2, eff. 7/24/2019.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-303 - Members - Nomination and election

(a)
(1)
(A)
If a water district is composed of all or a portion of four (4) or more counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors residing in the area of the district from which the director is to be elected, to be circulated for no longer than ninety (90) days.
(B)
The petition under subdivision (a)(1)(A) of this section shall be filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.
(2)
(A)
If a water district is composed of all or a portion of less than four (4) counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors, who shall consist of those electors residing in all or part of any precinct in the service area of the customers of the district from which the director is to be elected.
(B)
The petition under subdivision (a)(2)(A) of this section shall be circulated for no longer than ninety (90) days and filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.
(3)
A water district shall file a service area map with the county clerk no later than January 31 before the general election.
(b)
Election of the directors shall be held as a part of the general election and under the laws governing it.
(c)
Any director shall be qualified to succeed himself or herself.
Amended by Act 2019, No. 597,§ 9, eff. 7/1/2019.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 3; 2009, No. 370, § 2; 2009, No. 1480, § 82.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-304 - Members - Vacancy

The directors shall fill any vacancy occurring on the board prior to the expiration of the term of any director by electing a substitute director to serve for the balance of the unexpired term.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-305 - Members - Oath

(a)
Each of the original directors and all directors elected thereafter shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not directly or indirectly be interested in any contract made by the board.
(b)
Any director failing to take the oath within thirty (30) days after his appointment or election shall be deemed to have declined the appointment or election and his place shall be filled as other vacancies.
(c)
All oaths of directors shall be executed in writing and filed in the office of the circuit clerk in the county where the petition is originally filed.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-306 - Members - Compensation

The directors provided for, upon majority vote of the board, may receive the sum of no more than two hundred dollars ($200) each day as compensation for attending meetings of the board or any of its committees. However, not more than four hundred dollars ($400) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 1987, No. 149, § 1; 1997, No. 709, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-307 - Organization

Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-308 - Meetings

(a)
Regular meetings of the board of directors shall be held quarterly in the office of the district on the day selected by the board.
(b)
Notice of the meeting shall be mailed to each director at least five (5) days prior to the date of the meeting. Special meetings may be held at any time upon waiver of notice of the meeting by all directors or may be called by the president or by any two (2) directors at any time, provided that notice in writing signed by the persons calling any special meeting is mailed to each director at least five (5) days prior to the time fixed for a special meeting.
(c)
(1)
A majority of the directors shall constitute a quorum for the transaction of business.
(2)
In the absence of any of the duly elected officers of the district, a quorum at any meeting may select a director to act as officer pro tem.
(d)
(1)
Each meeting of the board, whether regular or special, shall be open to the public.
(2)
However, the board may conduct meetings in executive session as permitted under §
25-19-106
.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2003, No. 1210, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-116-301 — 14-116-309) › Section 14-116-309 - Powers and duties

(a)
All powers granted a water district created under this subchapter shall be executed by a board of directors.
(b)
The board shall have the right, power, and authority to employ attorneys, agents, and personnel as it may deem necessary and to fix their compensation.
Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-401 - Exemption from jurisdiction of Arkansas Public Service Commission

Water districts organized under this subchapter shall be exempt in any and all respects from the jurisdiction and control of the Arkansas Public Service Commission.
Acts 1957, No. 114, § 11; A.S.A. 1947, § 21-1411.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-403 - Appeal from district actions

Any person aggrieved by the service furnished or rates charged by the water district shall have, as a matter of right, the right to petition the grievance from the decision or action of the water district, to the circuit court wherein the water district was formed. Upon the petition being filed, the circuit court shall hear the petition de novo and is empowered to make orders as necessary and proper in equity.
Acts 1957, No. 114, § 9; A.S.A. 1947, § 21-1409.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-404 - Revenues

(a)
Water districts formed pursuant to this subchapter shall be operated without profit, but the rates, fees, rent, or other charges for water and other facilities, supplies, equipment, or services furnished by the water district shall be sufficient at all times:
(1)
To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the water district in the performance of the purposes for which it was organized; and
(2)
For the creation of adequate reserves.
(b)
The revenues of the water district shall be devoted, first, to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations, and thereafter to reserves for improvements, new construction, depreciation, and contingencies as the board may from time to time prescribe.
(c)
Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the customers of the water district on a pro rata basis, according to the amount of business done with each customer during the period for which the return is made, either in cash, in abatement of current charges for water, or otherwise as the board determines; but such return may be made by way of a general rate reduction to customers if the board so elects.
Acts 1957, No. 114, § 12; A.S.A. 1947, § 21-1412.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-405 - Tax exemption

Water districts formed under this chapter shall be exempt from all excise taxes of whatsoever kind or nature, and further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the water district, whether real, personal, or mixed.
Acts 1957, No. 114, § 10; A.S.A. 1947, § 21-1410.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-406 - Annexation of additional territory

(a)
Additional territory may be annexed to and embraced by a water district established and operating under this subchapter by petition to the circuit court in which the water district was originally established.
(b)
The petition shall be prepared, filed, and proceedings had thereon in the same manner as is set out in this subchapter for original petitions praying the formation of a water district.
Acts 1957, No. 114, § 13; A.S.A. 1947, § 21-1413.
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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 4 - OPERATION OF WATER DISTRICTS (§§ 14-116-401 — 14-116-407) › Section 14-116-407 - Contracts - Water district and United States

The board is authorized to:
(1)
Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the "United States", in the development of plans for the construction, operation, and maintenance of any facilities which the water district is authorized to construct, operate, and maintain;
(2)
Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States.
(A)
(i)
The contract or assurance may provide for the payment by the water district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water storage rental, or service charges.
(ii)
"Construction charges" may include the cost of works of improvement for any project addressing the purposes contained in §
14-116-102
and ancillary benefits derived therefrom, including, but not limited to, fish and wildlife, prevention of seepage on irrigated lands, prevention of erosion and sediment damages, and the conservation, development, utilization, and disposal of water.
(B)
The contract or assurance may provide for the repayment of the various charges by the water district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products, cash, or, if an improvement project area has been created under §
14-116-501
et seq., §
14-116-601
et seq., or §
14-116-701
et seq., with revenues derived from assessments levied pursuant thereto.
(C)
The contract or assurance may provide that the water district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district.
(D)
The contract or assurance may provide that the water district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 5 - IMPROVEMENT OF WATER DISTRICTS (§§ 14-116-501 — 14-116-505) › Section 14-116-503 - Expenses - Plan preparation, adoption, and approval

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the water district out of its general funds, but all such costs and expenses paid or otherwise incurred by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan; provided that nothing in this chapter shall authorize punitive assessments to be made against any landowner.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 5 - IMPROVEMENT OF WATER DISTRICTS (§§ 14-116-501 — 14-116-505) › Section 14-116-504 - Alteration of plans

(a)
(1)
The board of directors of the regional water distribution district may, at any time after the court has approved the improvement plan, make alterations in the plan and its works of improvement, provided such changes do not change the benefits of the improvement plan.
(2)
Any such change in the improvement plan shall be filed with the court clerk.
(b)
If alterations in the improvement plan would change the court-approved assessment of benefits and damages, the changed assessment must be submitted to the court for consideration according to the procedures established in this chapter; except that only owners of lands whose assessments are changed may object.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 5 - IMPROVEMENT OF WATER DISTRICTS (§§ 14-116-501 — 14-116-505) › Section 14-116-505 - Additional works of improvement

After the work contemplated by the original improvement plan has been completed, the board of directors of the regional water distribution district may adopt and file with the court clerk a plan for additional works of improvement for the improvement project area, and the proceedings with respect to such additional plan, including the right of appeal, shall be the same insofar as may be practicable as those required in connection with the original plan; except that the petitions of the landowners shall not be required.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 6 - IMPROVEMENT PLAN ASSESSMENTS (§§ 14-116-601 — 14-116-611) › Section 14-116-601 - Assessment of benefits and damages

(a)
After the court issues an order approving the improvement plan, the assessor shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the improvement plan.
(b)
(1)
Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies.
(2)
The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits.
(c)
The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax and all related costs and expenses with penalties shall have been paid.
(d)
(1)
A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan.
(2)
The assessor shall cause to be inscribed in the book the description of each tract of land. The assessor shall assess the value of the benefits to accrue to each tract by reason of the improvement plan, including, without limitation, the works of improvement, and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment.
(3)
There shall be placed opposite the description of each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected.
(e)
The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 6 - IMPROVEMENT PLAN ASSESSMENTS (§§ 14-116-601 — 14-116-611) › Section 14-116-602 - Assessments - Filing and recording - Appointment of board of adjustment

(a)
(1)
When an assessment is completed, the assessor shall subscribe an original and one (1) copy of the assessment and deposit the original with the court clerk, where it shall be kept and preserved as a public record.
(2)
The copy shall be certified by the court clerk after court confirmation and returned to the assessor to be preserved with the records of the water district.
(b)
Upon the filing of assessment with the court clerk, the court shall appoint a three-member board of adjustment to hear complaints as provided for in §
14-116-605
. Members of the board of adjustment shall be owners of land within the improvement project area and shall serve without compensation, except that the water district shall pay the board of adjustment and its members necessary and reasonable expenses associated with hearing complaints and reporting its recommendations to the court.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 6 - IMPROVEMENT PLAN ASSESSMENTS (§§ 14-116-601 — 14-116-611) › Section 14-116-603 - Appeal - Notice - Hearing of assessment complaints

(a)
(1)
Upon the filing of assessment, the court clerk shall give notice thereof by publication for two (2) weeks in a newspaper published and having a general circulation in the water district.
(2)
The notice of hearing shall give a description of the land assessed and state that the owners of the land may appear before the board of adjustment on a day named therein and present complaints, if they have any, against the assessment of any land in the improvement project area.
(3)
The day so named shall be not less than ten (10) days nor more than thirty (30) days after the last publication of the notice.
(b)
If no complaint is made on the assessments levied, the assessments as deposited with the court clerk shall be conclusive, and the court shall enter an order confirming the assessment.
(c)
Findings of the court shall have the force and effect of a judgment, from which an appeal may be taken within thirty (30) days, either by any such owner of land or by the board.
Acts 1995, No. 838, § 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 116 - REGIONAL WATER DISTRIBUTION DISTRICT ACT (§§ 14-116-101 — 14-116-801) › Subchapter 6 - IMPROVEMENT PLAN ASSESSMENTS (§§ 14-116-601 — 14-116-611) › Section 14-116-604 - Acquiescence in damage assessment - Condemnation

If such owner has been given notice by certified mail posted at least thirty (30) days prior to the date of the hearing provided for in §
14-116-603
, he shall be construed to have accepted the assessment of damages in his favor made by the assessor or to have acquiesced in the failure to assess damages in his favor unless he gives to the court clerk, not later than the date of the hearing provided for in §
14-116-603
, notice in writing that he demands a reassessment of his damages. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the improvement plan.
Acts 1995, No. 838, § 7.