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 6 - IMPROVEMENT PLAN ASSESSMENTS (§§ 14-116-601 — 14-116-611) › Section 14-116-605 - Assessments - Complaints

(a)
Any owner of land within the improvement project area who conceives himself to be aggrieved by the assessment of benefits or that the assessment of any land within the project area is inadequate, shall present his complaint to the board of adjustment on the day named in the notice of hearing. At that time, the board of adjustment shall consider the complaint and make recommendations to the court thereon, either confirming the assessment or increasing or diminishing it.
(b)
After review of the evidence presented to the board of adjustment and the recommendation of the board of adjustment, the court shall enter its findings thereon, either confirming the assessment or increasing or diminishing it.
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 14-116-606 - Reassessments

(a)
In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in §
14-116-603
and obligations based on the assessments have been incurred, but any reduction in benefits shall be paid for by the water district as damages. The claim for those damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidences of indebtedness which have theretofore been issued.
(b)
If, by reason of a change of the improvement plan pursuant to §
14-116-504
, or change in land use, or any other reason, the board determines that current assessment on any land within the improvement project area has become inequitable, the board may direct the assessor to reassess the property. The assessor shall reassess the land in question, increasing the assessment if greater benefits will be received and reducing the assessment if benefits have decreased or if damages will be sustained.
(c)
All reassessments shall be made, advertised, and confirmed as is provided for the original assessment of benefits under this subchapter.
(d)
If any obligation of the water district arising from the improvement plan shall be outstanding at the time of a reassessment, the total liability thereon of land against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment.
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 14-116-607 - Payment of taxes

(a)
When the tax levies are made, the landowners shall have the privilege of paying the taxes in full, without interest, within thirty (30) days after the levy becomes final.
(b)
All taxes levied may be paid in installments, so that not more than ten percent (10%) of the allocated tax shall be collectible in any one (1) year against the wishes of the landowner. The deferred installments of the taxes shall bear interest at a rate established by the board and shall be payable only in installments as levied.
(c)
If any landowner shall pay in full the levy of taxes against his land as herein provided, that land shall not be further liable by reason of the assessment of benefits or any reassessment thereof except a reassessment because of changed plans as provided in §
14-116-606(b)
, and then only to the extent of the increase in assessment, if any, because of the greater benefit thereby received. However, in case of any additional assessment for greater benefit, any landowner who shall have paid his previous tax levy in full shall have the privilege of paying in full the increase in tax levied in the manner herein provided.
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 14-116-608 - Levy of tax - Lien - Appeal from tax assessment

(a)
The court shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board, enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the land within the project area a tax sufficient to pay the estimated cost of the improvement, with up to twenty percent (20%) added for unforeseen contingencies.
(b)
(1)
This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in §
14-116-607
.
(2)
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, with such penalties and costs as may accrue thereon, shall have been paid.
(c)
(1)
The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court.
(2)
On this appeal, the presumption shall be in favor of the legality of the tax.
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 14-116-609 - Levy of tax for preliminary expenses

(a)
If the board does not deem it to the advantage of the project area to proceed immediately with the construction of the works of improvement upon the filing and confirmation of the assessment of benefits, it may cause to be levied and collected a tax based upon the assessment of benefits and collectible from the benefited land in the improvement project area in the proportion to the amount of the assessment of benefits thereon for the purpose of paying preliminary expenses for development of the improvement plan for the improvement project area.
(b)
The board shall report to the court the rate of taxation necessary to be levied to pay the preliminary expenses, and thereupon it shall be the duty of the court to make levy of taxes upon the benefited land in the project area sufficient to pay the preliminary expenses, with ten percent (10%) added for unforeseen contingencies. This tax shall be extended upon the tax books of the county and collected along with other taxes in the same manner as taxes levied for construction purposes, as provided in this chapter.
(c)
If any project area is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied at the rate fixed by the board upon the real property therein upon the basis of the assessment for county and state purposes.
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 14-116-610 - Levy of tax for operation and maintenance

(a)
On or before the first Monday in October of each year, the board shall estimate the amount necessary for the ensuing calendar year for operation and maintenance of the works of improvement provided for in the improvement plan, taking into account all available funding, and shall submit the estimate to the court, with a request that a tax levy be made for the amount needed.
(b)
If the court finds the amount to be fair and reasonable, it shall enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the benefited land within the improvement project area a tax sufficient to pay the estimated cost of operation and maintenance.
(c)
This tax may be a flat charge per acre or a charge against the benefited land in the proportion to the amount of the assessment of benefits on the land.
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 14-116-611 - Extension of taxes on county tax books - Collection of taxes

(a)
Copies of the assessment necessary for the assessment and collection of taxes by the county shall be provided by the district to the appropriate county officials of each county within the improvement project area.
(b)
(1)
The amount of the taxes herein provided for shall be annually extended upon the tax books of the county, or counties if the improvement project area is situated in more than one (1) county, and collected by the collector of the county along with the other taxes.
(2)
For his services in making this collection, the collector shall receive a commission as is provided by law.
(c)
The collections shall be paid over to the board by the collector at or before the time that he is now required to make settlement with the county treasurer for general taxes.
(d)
The collection of taxes levied hereunder, the proceedings for the collection of delinquent taxes, and the periods of redemption from sales for foreclosure of tax liens shall be in accordance with §§
14-117-423
-
14-117-427
.
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 7 - BONDS (§§ 14-116-701 — 14-116-704) › Section 14-116-701 - Authority to borrow money or issue bonds, etc

The board may borrow money at a rate of interest from any agency of the United States, the state, or any other public or private lending source; may issue promissory notes, negotiable bonds, or other evidences of indebtedness as required by the lender thereof; and may pledge and assign all assessments and revenues relating to the improvement project area for the repayment thereof.
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 7 - BONDS (§§ 14-116-701 — 14-116-704) › Section 14-116-702 - Terms and form of bonds, etc

(a)
Bonds or other evidences of indebtedness issued under the terms of this subchapter shall bear such date or dates, mature at such time or times not in excess of forty (40) years, and any such bonds shall be sold at public sale through competitive bidding, and any such bonds and other evidences of indebtedness and be in such form and denomination as the board may determine.
(b)
The board may sell, exchange, or hypothecate these obligations from time to time at such interest rates and such prices as are specified 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 7 - BONDS (§§ 14-116-701 — 14-116-704) › Section 14-116-703 - Refunding bonds

Refunding bonds may be issued and may be sold, exchanged, or hypothecated 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 7 - BONDS (§§ 14-116-701 — 14-116-704) › Section 14-116-704 - Security for bonds - Delinquencies

(a)
All bonds issued under the terms of this chapter that are made payable from the proceeds of assessments shall be secured by a lien on all benefited lands in each individual improvement project area unless the board shall be able to sell bonds payable out of revenue only; provided, however, that land in any district which is not part of a project improvement area shall not be assessed with respect to any costs relating to such project improvement and shall not be encumbered with any lien relating to bonds issued with respect thereto. The board shall see to it that a tax is levied annually and collected under the provisions of this chapter so long as it may be necessary to pay any bond issued under its authority.
(b)
(1)
(A)
If any bond or interest on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the court, on the application of any holder of the bond or interest so overdue, to order the collection of the taxes aforesaid.
(B)
At its discretion, the court may appoint a receiver therefor.
(2)
The proceeds of the taxes and collections of each improvement project area shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued for that project area which are then due and payable.
(3)
The board or receiver may be directed by suit to foreclose the lien of the taxes on delinquent parcels of land.
(4)
The suits so brought by the receiver shall be conducted in all matters as suits by the board, as herein provided, and with like effect.
(5)
The decrees and deeds herein shall have the same presumptions in their favor.
(6)
However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district with respect to the improvement project area shall be conducted by the board as provided in this chapter.
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 8 - APPLICABILITY OF CHAPTER (§ 14-116-801) › Section 14-116-801 - Provisions inapplicable to state agencies, political subdivisions, and state lands

The provisions of this chapter, 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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-101 - Title

This chapter shall be known as the "Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949."
Acts 1949, No. 329, § 1; 1957, No. 171, § 1; A.S.A. 1947, § 21-901.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-102 - Declaration of policy

(a)
The General Assembly takes notice that interests of the state would be benefited by the establishment of irrigation systems and that the coordination of irrigation, flood control, and drainage improvements is a matter of public interest and public welfare; the General Assembly believes that this end will be promoted by enabling legislation for the organization of irrigation and drainage districts, vesting the districts with appropriate powers to accomplish their objectives, and, therefore, declares its policy to be to promote these activities by providing for the organization, operation, and maintenance of districts for the multiple purposes of irrigation, flood control, and drainage.
(b)
(1)
The General Assembly also takes notice that:
(A)
Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of this state, causing loss of life and damage to property, constitute a menace to the welfare of the people of this state;
(B)
This state and its political subdivisions should cooperate with the federal government for the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water and thereby preserve and protect this state's land and water resources, as contemplated by the Watershed Protection and Flood Prevention Act;
(C)
This cooperation may be more fully promoted by enabling legislation for the organization of watershed improvement districts vested with appropriate powers to accomplish their objectives.
(2)
Therefore, the General Assembly declares its policy to be to promote such cooperation and purposes by providing for the organization, operation, and maintenance of watershed improvement districts. These districts may be combined with the other districts authorized by this chapter.
Acts 1949, No. 329, § 2; 1957, No. 171, § 2; A.S.A. 1947, § 21-902.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-103 - Definition

As used in this chapter, unless the context otherwise requires, "board" means the board of commissioners organized pursuant to §
14-117-301
et seq.
Acts 1949, No. 329, § 8; A.S.A. 1947, § 21-908.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-104 - Construction of chapter

Nothing in this chapter shall be construed to in any way repeal any existing statute with reference to the creation of other improvement districts within the State of Arkansas nor to in any other manner impair any obligations on contracts entered into by the other improvement districts.
Acts 1949, No. 329, § 3; A.S.A. 1947, § 21-903.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-105 - Master

(a)
The chancery or circuit court is expressly authorized to appoint a master to take testimony and perform the functions of a master as in other cases and to make a final report and recommendation to the court.
(b)
Any aggrieved party may, within thirty (30) days of the filing of a report by a master appointed as hereinbefore provided, file a written protest to the finding or recommendation of the master.
(c)
The court shall approve, modify, or reverse the findings of the master and shall enter a decree in accordance with the equities in the case.
(d)
Any owner of real property within the district or any other party who feels aggrieved from the final decree of the court may appeal to the Supreme Court.
Acts 1949, No. 329, § 33; A.S.A. 1947, § 21-933.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-106 - Prompt court compliance required

If the court does not act promptly in complying with the terms of any section of this chapter essential to the creation and operation of a district, it may be compelled to do so by proceeding in mandamus in a court of competent jurisdiction.
Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-117-101 — 14-117-107) › Section 14-117-107 - Change of jurisdiction

(a)
All districts formed prior to June 13, 1963, the jurisdiction over which was vested in the chancery court, upon approval of a majority of its board of directors, may petition the circuit court to assume jurisdiction.
(b)
If the circuit court deems the action to be in the best interests of the landowners of the petitioning district, an order shall be entered upon the court's records to that effect. Jurisdiction shall therefore vest to the exclusion of chancery court.
(c)
However, nothing in this chapter is intended to affect the validity of existing districts heretofore created under the jurisdiction of chancery court.
Acts 1963, No. 37, § 6; A.S.A. 1947, § 21-934.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-201 - Purposes

The purposes for which districts may be organized under this chapter shall include:
(1)
The construction, operation, and maintenance of pools, lakes, reservoirs, dams, levees, ditches, canals, waterways, pumping works, and other facilities for the purpose of irrigation, flood control, and drainage, or in the furtherance of such purposes;
(2)
The construction, operation, and maintenance of levees, ditches, dams, canals, waterways, pumping works, and other facilities and improvements on lakes, rivers, bayous, and streams to provide for irrigation, flood control, and drainage, or in furtherance of such purposes;
(3)
The construction, operation, and maintenance of works of improvement for the purposes of preventing erosion, floodwater, and sediment damages and for the conservation, development, utilization, and disposal of water or in furtherance of such purposes;
(4)
The construction, operation, and maintenance of reservoirs or other areas and facilities for recreation, fish and wildlife, or in the furtherance of such purposes.
Acts 1949, No. 329, § 4; 1957, No. 171, § 3; 1963, No. 110, § 1; A.S.A. 1947, § 21-904.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-202 - Petition for establishment - Engineer and survey - Bond

(a)
It shall be the duty of the court to enter upon its record an order appointing an engineer to be selected by the petitioners when a majority in number of the owners, exclusive of the owners of real property in incorporated towns or cities, of the lands or the owners of a majority in value of the lands, exclusive of the owners of real property in incorporated towns or cities, as shown by the last assessment of real property within a proposed district shall:
(1)
Petition the chancery or circuit court to establish a district to embrace their property:
(A)
Describing generally the region which it is intended shall be included within the district.
(B)
Setting forth:
(i)
The proposed name of the district;
(ii)
The purpose or purposes of the district;
(iii)
The general nature of the work to be done;
(iv)
The necessity of the work;
(v)
The feasibility of the work; and
(vi)
The estimated cost of the project, as then estimated by those filing the petition from information they have at the time, with reasonable detail and definiteness in order that the court may understand the purpose, utility, feasibility, and need or necessity for the project; and
(2)
File a good bond to pay for the expenses of survey of the proposed district, in case the district is not formed.
(b)
The engineer selected by the petitioners shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court.
(c)
The engineer shall give bond in a sum not less than one thousand dollars ($1,000) to be fixed by the court for the faithful discharge of his duties. He shall be liable upon such bonds for negligence or incompetency causing loss to the district.
(d)
The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements.
(e)
The engineer shall file with the chancery or circuit clerk a report showing the territory which will be benefited by the proposed improvements, giving a general idea of its character and expense, and making suggestions as to the proposed improvements and their location as he may deem advisable.
(f)
The territory need not consist of contiguous parcels of land.
(g)
All expenses incident to the survey and the cost of publication shall be paid by the county or counties in the ratio and proportion of benefits assessed to lands in the respective counties as the work progressed upon proper showing; but all expenses incurred by the county or counties in the creation of any district shall, upon the creation of the district, be reimbursed to the county or counties out of the proceeds of the first revenues collected by the district.
Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-203 - Alternative petition for establishment

(a)
If, upon the presentation of the petition for the formation of a district, provided for in §
14-117-202
, a preliminary survey has been made and a report prepared with assistance from the United States Department of Agriculture, Soil Conservation Service, or from the Chief of Engineers, United States Army Corps of Engineers, or any other federal or state agency, and that report sets forth the proposed name of the district, the purpose or purposes of the district, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity thereof, the feasibility thereof, and the estimated cost of the project, with reasonable detail and definiteness in order that the court may understand therefrom the purpose, utility, feasibility, and need or necessity therefor, a majority in number of the owners of title to real property and the owners of a majority in value of the real property in the proposed district, as shown by the last assessment, may present a petition to the chancery or circuit court, accompanied by the aforesaid survey and report, praying the establishment of the district.
(b)
Upon the presentation of such a petition, it shall be the duty of the court to make the order establishing the district without the appointment of an engineer and without further inquiry.
(c)
Any detailed plans prepared following the formation of the improvement district will be filed with the court as a supplement to the preliminary survey and report when the plans are adopted by the board of directors, as provided in §
14-117-401
.
(d)
If no such petition is filed, it shall be the duty of the court to investigate as provided in §
14-117-202
and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein.
(e)
Guardians may sign the petition for their wards; trustees, executors, and administrators may sign for estates represented by them. If the signature of any corporation thereto is attested by the corporate seal, the signature shall be sufficient evidence of the assent of the corporation to the petition.
Acts 1949, No. 329, § 6; 1959, No. 131, § 1; 1963, No. 37, § 2; A.S.A. 1947, § 21-906.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-204 - Notice and hearing

(a)
The chancery or circuit clerk shall give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed district to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district. If the court deems it to the best interest of the owners of real property within the proposed district that the district shall become a district under the terms of this chapter, it shall make an order upon its records establishing the property as a district subject to all the terms and provisions of this chapter.
(b)
Any owner of real property within the territory of the proposed district may petition the court to exclude his property.
(c)
If the court finds that the real property would not be benefited by the improvements of the proposed district, the court, in its order, shall exclude the real property of the petitioner or petitioners from the district. However, lands shall be excluded for irrigation purposes by the order of the court upon a showing that the land is supplied by adequate irrigation from surface sources or other sources existing at time of order creating the district and, provided further, that lands so excluded shall be subordinate to all lands within the irrigation district should water from the irrigation works be desired at a later date.
Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-205 - Land in more than one county

(a)
If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the chancery or circuit court in which the largest portion of the lands lie. All proceedings shall be had in that court, and the court shall apportion all costs incurred in the creation of the district between the county or counties in proportion to the benefits assessed to lands in each such county.
(b)
Such expenses as are incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the court shall deem to be just and equitable.
(c)
In the event district lands are in more than one (1) county, all notices shall be published in newspapers published and having a bona fide circulation in each such county in which the district will embrace land.
(d)
All of the districts shall be appropriately identified by the court, that is, they shall be numbered consecutively or shall receive names selected by the court.
Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-206 - Prompt payment of expenses required

If the expenses incurred in the creation of a district are not promptly paid by the county or counties pursuant to the order of the court, a proceeding in mandamus shall lie to compel the payment of the expenses.
Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-207 - Effect of establishment order - Appeal

(a)
The order of the chancery or circuit court establishing the district shall have all the force of a judgment.
(b)
Any owner of real property within the district may appeal from the judgment within thirty (30) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district, and upon the owners thereof.
(c)
Any owner of property in the proposed district may within a like time appeal from any order refusing to establish the district.
Acts 1949, No. 329, § 7; 1963, No. 110, § 2; A.S.A. 1947, § 21-907.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-117-201 — 14-117-209) › Section 14-117-209 - Assessment of lands outside district - Boundary extension

(a)
If the board, upon petition of a majority in number as provided in §§
14-117-202
and
14-117-204
-
14-117-206
for the establishment of districts, finds that other lands not embraced within the boundaries of the district will be affected by the proposed improvement, it shall assess the estimated benefits and damages to the lands and shall specially report to the chancery or circuit court the assessment which it has made on the lands beyond the boundaries of the district as already established.
(b)
It shall then be the duty of the court to give notice by publication for two (2) weeks in a newspaper or newspapers published in the county or counties where the lands lie, describing the additional lands which have been assessed. The owners of real property so assessed shall be allowed thirty (30) days after the last publication of the notice to file with the clerk their protest against being included within the district.
(c)
The court shall at its next session investigate the question whether the lands beyond the boundaries of the district so assessed by the board will in fact be benefited or damaged by the making of the improvement. From its finding in that regard and its order based thereon, either the property owners affected by the assessment or the board may within thirty (30) days file an appeal to the Supreme Court. If the finding and order is in favor of the inclusion of the lands, the limits of the district shall by order of the court be extended so as to embrace the lands.
Acts 1949, No. 329, § 11; A.S.A. 1947, § 21-911.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-301 - Members

(a)
When the circuit court has established any improvement district, the court shall appoint five (5) owners of real property within the district to act as a board of commissioners for that district, which shall be its governing body.
(b)
(1)
Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby.
(2)
Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the court.
(c)
(1)
All vacancies on the board shall be filled by the court.
(2)
However, if the owners of a majority in assessed value of the real property in the district shall petition for the appointment of a particular person or persons as commissioner or commissioners, it shall be the duty of the court to appoint the person or persons so designated.
(d)
The court shall remove any member of the board on the petition of owners of a majority in assessed value of the real property in the district.
(e)
The commissioners provided for in this section shall receive as compensation the sum of no more than fifty dollars ($50.00) each day for attending meetings of the board, together with their necessary expenses.
Acts 1949, No. 329, §§ 8, 9; A.S.A. 1947, §§ 21-908, 21-909; Acts 2001, No. 460, § 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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-302 - Organization

The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum.
Acts 1949, No. 329, § 8; A.S.A. 1947, § 21-908.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-303 - Agents and employees generally

The board shall have the authority to hire all necessary agents and employees.
Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-304 - Powers and duties

(a)
The board of commissioners shall have and may exercise any functions, powers, authority, rights, and duties that permit the accomplishments of the purposes for which such districts may be created, including the investigation and in case a plan for improvements is adopted, then the construction, maintenance, and operation of all necessary improvements, plants, works, and facilities; the acquisition by purchase, lease, gift, or condemnation of water rights and all other properties, lands, tenements, easements; and all other rights helpful in carrying out the purposes of the organization of the district.
(b)
The board, its agents, and its employees shall have the right to enter upon any land within the district to make surveys and for other purposes.
(c)
The board also may accept appropriations from the state and from the United States Government upon such terms and conditions as may be imposed by law, rule, or regulation to be used in the furtherance of the purposes for which the district was authorized.
(d)
The board also may construct the necessary improvements and do any lawful act necessary to accomplish the purposes of the organization of the district.
(e)
In order to protect the improvements of the district from damage, the board may make and prescribe necessary regulations. The board may make regulations to define and set the rate and location of any withdrawal of waters owned, acquired, or developed by the district and transferred by natural or man-made channels. The board may also make regulations governing the operation of the works of the district and the delivery of water owned or acquired by it to users and the performance of any of its other functions. The willful violation of these regulations shall constitute a misdemeanor under the laws of this state punishable by a fine not to exceed one thousand dollars ($1,000).
Amended by Act 2019, No. 315,§ 1000, eff. 7/24/2019.
Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912; Acts 1989, No. 618, § 2; 2005, No. 1190, § 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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-305 - Eminent domain

(a)
The right and power of eminent domain heretofore conferred shall, as to watershed improvement districts organized under this chapter for the purpose of cooperation under Public Law 83-566, as amended, include the power to enter upon, take, and condemn private property, located either within or without the boundaries of the district, for the construction or erection of works or improvements necessary to conserve soil and water resources; prevent erosion, floodwater, and sediment damage; construct diversion systems, floodwater retarding structures, floodways, levees, desilting basins, channels, rights-of-way, including rights-of-way for improvements in upland areas upstream from district lands when such upstream areas are sources of floodwater or sediment which causes damage to district lands; or other lawful purposes. The term "or other lawful purposes," as used in this section, shall include a watershed improvement plan in its entirety, or any integral part thereof, necessary to carrying out the plans of the district.
(b)
Condemnation proceedings instituted under this section shall be conducted in the manner as is now provided by §§
18-15-1001
-
18-15-1010
.
(c)
Legal title to all property so acquired shall vest in the district for the uses and purposes of the district.
Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-306 - Control of construction - Advertisement for bids

(a)
The board shall have control of the construction of the improvements in their districts.
(b)
It may advertise in local or state papers or papers published in other states for proposals for doing any work by contract. No work exceeding one thousand dollars ($1,000) shall be let without public advertisement. The board may accept or reject any proposals.
Acts 1949, No. 329, § 31; 1969, No. 152, § 1; A.S.A. 1947, § 21-931.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-307 - Construction - Cooperation with federal government

(a)
If the improvements are undertaken in cooperation with the United States, the board may enter into an agreement providing for the construction of the works of improvement and awarding of contracts therefor, to be by, and under the control and supervision of, the United States or any agency or instrumentality thereof.
(b)
In that event, the advertisement, award, and carrying out of the contracts shall be in accordance with the provisions of law applicable to the federal agency.
Acts 1949, No. 329, § 31; 1969, No. 152, § 1; A.S.A. 1947, § 21-931.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-308 - Contractors and agents

(a)
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.
(b)
The board may:
(1)
Appoint all necessary agents for carrying on the work and fix their pay;
(2)
Buy and sell all necessary material and implements as may be on hand, which may not be necessary for the completion of the improvement under way, or which may have been completed;
(3)
Make all such contracts in the prosecution of the work as may best subserve the public interest.
(c)
It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens.
Acts 1949, No. 329, § 32; 1963, No. 110, § 5; A.S.A. 1947, § 21-932.
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 117 - IRRIGATION, DRAINAGE, AND WATERSHED IMPROVEMENT DISTRICT (§§ 14-117-101 — 14-117-427) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-117-301 — 14-117-309) › Section 14-117-309 - Disposal of unneeded land

The board may determine, by resolution, that any real or personal property is no longer needed for the uses and purposes of the district and may thereafter sell, lease, or otherwise dispose of the property upon such terms and in such manner as appear to the board to be for the best interest of the district.
Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.