reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-714 - Bonds as general obligations of state - Pledge of revenues

(a)
The bonds shall be the direct general obligations of the State of Arkansas for the payment of debt service on which the full faith and credit of the State of Arkansas are irrevocably pledged so long as any such bonds are outstanding.
(b)
The bonds shall be payable from the general revenues of the state as that term is defined in the Revenue Stabilization Law, §
19-5-101
et seq., and such amount of general revenues as is necessary is pledged to the payment of debt service on the bonds and shall be and remain pledged for that purpose.
Acts 1987, No. 686, § 10.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-716 - Tax exemption - Legal investment

(a)
All bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
(b)
The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.
Acts 1987, No. 686, § 12.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-717 - Contract not to be impaired - Remedies of bondholder

(a)
This subchapter shall constitute a contract between the State of Arkansas and the holders or registered owners of all bonds issued under this subchapter which shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or any taxpayer.
(b)
The courts, in like suit against the Arkansas Natural Resources Commission, the Treasurer of State, or other appropriate officer or official of the state, shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus.
(c)
In addition and without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including, without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the state, its officers, and its officials under this subchapter.
Acts 1987, No. 686, § 14.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-718 - Creation of rights

This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.
Acts 1987, No. 686, § 15.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-719 - Deposit of proceeds of sale of bonds

(a)
The proceeds from the sale of the bonds, together with all revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter, shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of the project into trust funds created by this section and designated as follows:
(1)
Into the Waste Disposal and Pollution Abatement Facilities Construction Fund to provide for the development of projects and the payment of the costs and expenses of the issuance of the bonds;
(2)
Into the Waste Disposal and Pollution Abatement Facilities Bond Fund to provide for payment for all or a part of debt service on bonds issued under this subchapter;
(3)
Into the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide for a reserve or reserves for payment of debt service on the bonds; and
(4)
Into the Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund to provide for all or a part of the operation and maintenance of the projects financed under this subchapter.
(b)
(1)
The Treasurer of State is authorized and directed to establish separate accounts within such funds to correspond to the applicable series of bonds.
(2)
In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine in the resolution or trust indenture to be necessary to accomplish the purposes of this subchapter.
Acts 1987, No. 686, § 9.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-720 - Investment of moneys

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, the investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent the terms of such a resolution or trust indenture are applicable.
Acts 1987, No. 686, § 18.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 7 - ARKANSAS WASTE DISPOSAL AND POLLUTION ABATEMENT FACILITIES FINANCING ACT OF 1987 (§§ 15-22-701 — 15-22-721) › Section 15-22-721 - Expediting cases

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases must be taken within thirty (30) days after rendition of the judgment or decree.
Acts 1987, No. 686, § 19.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-801 - Title

This subchapter shall be known and cited as the "Arkansas Water Resources Cost Share Finance Act".
Acts 1989, No. 257, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-802 - Purpose

The purpose of this subchapter is to provide the state and local political subdivisions of the State of Arkansas with the nonfederal share of their financial obligations required under any local cooperative agreements entered into with the federal government.
Acts 1989, No. 257, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-803 - Definitions

As used in this subchapter:
(1)
"Commission" means the Arkansas Natural Resources Commission;
(2)
"Cooperative agreement" means an agreement entered into between the federal government and the state and a local government in Arkansas;
(3)
"Cost sharing" means a program in which the state or local governments in Arkansas are financially responsible for the nonfederal share of various water resources development projects;
(4)
"Local governments" means all political subdivisions of the State of Arkansas which shall include, but not be limited to:
(A)
Cities of the first class, cities of the second class, and incorporated towns;
(B)
All county governments and their agencies;
(C)
All regional water districts;
(D)
All conservation districts;
(E)
All irrigation and drainage improvement districts;
(F)
All levee improvement districts;
(G)
All drainage improvement districts;
(H)
All drainage and levee improvement districts; and
(I)
Other political subdivisions of the state;
(5)
"Revolving fund" means the Arkansas Water Resources Cost Share Revolving Fund created by this subchapter;
(6)
"State" means the State of Arkansas or its instrumentalities; and
(7)
"Water resources development project" means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to:
(A)
Provide for the people of the state:
(i)
Adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes;
(ii)
Water for navigation; and
(iii)
Access to the state's lakes and streams and parks and other recreational sites along their shores; and
(B)
Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods.
Acts 1989, No. 257, § 3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-804 - Duties of commission

The Arkansas Natural Resources Commission shall:
(1)
Administer the loan and grant programs authorized under this subchapter;
(2)
Take necessary action to ensure that the funds are used for the purposes established in this subchapter and in accordance with state and federal laws; and
(3)
In accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., promulgate such rules and procedures necessary for the operation of this program.
Amended by Act 2019, No. 315,§ 1137, eff. 7/24/2019.
Acts 1989, No. 257, § 4.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-805 - Loans or grants - Amounts

(a)
The Arkansas Natural Resources Commission is authorized to make either loans or grants to local governments to provide them with the nonfederal interest's share of the cost share for a water resources development project.
(b)
(1)
The commission shall not make a loan or grant to a local government for more than fifty percent (50%) of the total project cost for a water resources development project.
(2)
If the commission determines to provide assistance for a water resources project without the requirement of the execution of a cooperative agreement, the commission may provide up to sixty-five percent (65%) of the total project cost in the form of a loan or grant to the local government.
Acts 1989, No. 257, § 5; 2001, No. 1039, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-806 - Loans or grants - Eligibility - Applications - Awards

(a)
(1)
Local governments who have entered into or who are attempting to enter into a cooperative agreement for cost-sharing to finance a water resources development project are eligible to apply for a loan or grant under this subchapter.
(2)
Combinations of local governments may apply jointly for loans or grants authorized under this subchapter in accordance with the Interlocal Cooperation Act, §
25-20-101
et seq.
(b)
The final award of the loan or grant for cost-sharing purposes shall be made contingent upon actual receipt of federal funding for the federal share of the water resources development project.
(c)
The Arkansas Natural Resources Commission, by rule, shall specify the form and style of any forms needed for application by the local governments for loans or grants.
(d)
(1)
Beginning each January 1, the commission shall take applications from the state and local governments for grants and loans to be awarded for water resources development projects for the next fiscal year.
(2)
The annual deadline for loan or grant application shall be March 31 of each year.
(3)
The commission shall award the grants and loans for the water resources development projects, contingent on the availability of funds, by June 30 of each year.
Amended by Act 2019, No. 315,§ 1138, eff. 7/24/2019.
Acts 1989, No. 257, § 6; 1991, No. 786, § 19.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-807 - Priority list of projects

(a)
From each year's applications for grants and loans, the Arkansas Natural Resources Commission shall develop a priority list for water resources development projects which ranks each water resources development project in order of its priority.
(b)
The priority ranking of water resources development projects shall be based on the following factors:
(1)
The overall cost of the water resources development project weighted against its potential or predicted benefits;
(2)
The potential for the water resources development project to provide economic development in the area; and
(3)
The commitment of any state or local government funds to the water resources development project to contribute to the nonfederal interest's share of the cost of the overall water resources development project.
Acts 1989, No. 257, § 7.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-808 - Arkansas Water Resources Cost Share Revolving Fund

(a)
The Arkansas Water Resources Cost Share Revolving Fund created under §
19-5-1042
is a depository for funds which may be appropriated or otherwise secured for cost-sharing with the federal government in local water resources development projects under this subchapter.
(b)
(1)
The fund shall be used to:
(A)
Provide loans or grants to local governments under this subchapter; and
(B)
Pay the administrative costs of a water resources development project not to exceed twenty percent (20%) of the total cost of the water resources development project.
(2)
Funds from the repayment of loans from the fund shall be returned to the fund and shall be reused in a manner consistent with the purpose of this subchapter.
(c)
(1)
Loans from the fund shall be repaid in full at an interest rate up to the maximum allowed under the Arkansas Constitution.
(2)
The terms and conditions of repayment of the loans for cost-sharing shall be specified and agreed to in writing before awarding the loan.
Amended by Act 2015, No. 1149,§ 11, eff. 7/22/2015.
Acts 1989, No. 257, § 8.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-809 - Grants

(a)
The Arkansas Natural Resources Commission is authorized to use the funds deposited into the Arkansas Water Resources Cost Share Revolving Fund for grants to local governments with limited financial capacity.
(b)
In selecting the recipients for state grants authorized in this subchapter, the following factors shall be taken into consideration by the commission:
(1)
The financial ability of the local government applicant to provide the cost-sharing funds for the water resources development project, including all available tax sources or assessments;
(2)
The burden placed on low income, elderly, and unemployed persons if the local government applicant participates in a cost-sharing project and pays for the nonfederal share through a user fee or property tax; and
(3)
The amount of fair user fees or other revenues which the water resources development project may reasonably be expected to generate in excess of those which would amortize the local share of the initial cost and provide for its successful operation and maintenance, including depreciation.
(c)
No grant under this subchapter shall be awarded until the local government applicant has furnished the commission with sufficient proof of the exhaustion of all other funding sources and established that a deficiency exists in the amount of local funds necessary for the water resources development project.
Acts 1989, No. 257, § 8.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 8 - ARKANSAS WATER RESOURCES COST SHARE FINANCE ACT (§§ 15-22-801 — 15-22-810) › Section 15-22-810 - Exceptions to federal cooperation requirement

The Arkansas Natural Resources Commission may provide financial assistance to a local government for water resources development projects under this subchapter without the requirement of execution of a cooperative agreement between the local government and the federal government if the commission determines that:
(1)
The water resources development project is of such a type or size that does not make cost sharing through a cooperative agreement efficient or effective; or
(2)
Current conditions make the funding of the water resources development project through a cooperative agreement between the federal government and local government within a reasonable time unlikely.
Acts 2001, No. 1039, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-901 - Title

This subchapter shall be known as the "Arkansas Groundwater Protection and Management Act".
Acts 1991, No. 154, § 1; 1991, No. 342, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-902 - Purpose

The State of Arkansas has an abundance of good quality groundwater. In some areas of the state, this groundwater is being mined such that in the future there may not be adequate supplies of good quality groundwater to meet our needs. In order to protect groundwater for the future, it is necessary to reduce groundwater use. It is most desirable that these reductions come from conservation or use of surface water, but in critical groundwater areas it may become necessary to limit groundwater withdrawals through the use of water rights. Should the regulatory provisions be implemented in the future, it is most desirable that day-to-day water management be administered by local districts, and every effort shall be made by the Arkansas Natural Resources Commission to delegate water management powers to qualified local districts. All regulatory powers shall apply only in critical groundwater areas. Programs for water use reporting, education and information, water conservation cost-sharing, and the registration fees shall be administered statewide.
Acts 1991, No. 154, § 2; 1991, No. 342, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-903 - Definitions

As used in this subchapter:
(1)
"Administrative Procedure Act" means the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(2)
"Aquifer" means a permeable, water-bearing stratum of rock, sand, or gravel;
(3)
"Beneficial use" means the use of water in such quantity as is economical and efficient and which use is for a purpose and in a manner which is reasonable, not wasteful, and is compatible with the public interest;
(4)
"Commission" means the Arkansas Natural Resources Commission created under §
15-20-201
;
(5)
"Conservation district" means conservation districts created under the Conservation Districts Law, §
14-125-101
et seq.;
(6)
"Critical groundwater area" is defined in the Arkansas Water Plan developed by the commission under its authority in §
15-22-503
;
(7)
"District" means a conservation district or regional water district;
(8)
"Domestic use" means the use of water for ordinary household purposes, including human consumption, washing, the watering of domestic livestock, poultry, and animals, and the watering of home gardens for consumption by the household;
(9)
"Groundwater" means water beneath the surface of the ground;
(10)
"Person" means any natural person, partnership, firm, association, cooperative, municipality, county, public or private corporation, and state or local governmental agency;
(11)
"Regional water district" means a regional water distribution district created under The Regional Water Distribution District Act, §
14-116-101
et seq.;
(12)
"Sustaining aquifer" means any aquifer excluding the state's alluvial aquifers that is used as a significant source for water supply including, but not limited to, the Cockfield, Sparta, Memphis, Cane River, Carrizo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers;
(13)
"Water right" means the authority or permission issued by the commission under this subchapter to use groundwater within a critical groundwater area;
(14)
"Water year" means the twelve-month period beginning October 1 and ending the next September 30; and
(15)
(A)
"Well" means any hole dug, drilled, or otherwise constructed in the ground for the purpose of withdrawing groundwater.
(B)
For the purpose of this subchapter, a well also must have a potential flow rate of fifty thousand gallons (50,000 gals.) per day or greater.
Acts 1991, No. 154, § 3; 1991, No. 342, § 3; 2001, No. 1426, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-904 - Powers of the commission

The Arkansas Natural Resources Commission shall have all powers necessary to effectuate this subchapter, including the power to:
(1)
Promulgate rules for groundwater classification and aquifer use, well spacing, issuance of groundwater rights within critical groundwater areas, and assessment of fees;
(2)
Issue subpoenas for any witness to require attendance and testimony and production of relevant books, papers, or other records in any proceeding before the commission;
(3)
Administer an oath to any witness in any hearing, investigation, or proceeding before the commission;
(4)
At reasonable times, enter upon property for purposes of conducting investigations, studies, or enforcing this subchapter;
(5)
Reduce or suspend notice and hearing requirements under this subchapter in times of an emergency;
(6)
Issue orders to implement or enforce any of the provisions of this subchapter or regulations or rules under this subchapter;
(7)
Delegate any and all powers under this subchapter to the Director of the Arkansas Natural Resources Commission or his or her designee;
(8)
Delegate any powers under this subchapter to districts within a critical groundwater area;
(9)
Provide technical assistance and establish guidelines which shall be followed by districts which have been granted powers under this subchapter;
(10)
Resolve disputes between, approve rules of, and hear appeals from decisions of districts to which the commission has delegated powers; and
(11)
Provide cost share assistance from the Arkansas Water Development Fund not to exceed forty percent (40%) to persons for the installation of approved water conservation and development practices.
Amended by Act 2019, No. 315,§ 1141, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1140, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1139, eff. 7/24/2019.
Acts 1991, No. 154, § 11; 1991, No. 342, § 11.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-906 - Groundwater protection program

(a)
In order to protect the groundwater of the state, the Arkansas Natural Resources Commission shall develop a comprehensive groundwater protection program.
(b)
This shall contain, as a minimum, the following components as the commission deems necessary:
(1)
Assessment and monitoring of the availability of groundwater and its quality;
(2)
The classification of groundwater and establishment of groundwater criteria and standards; and
(3)
The management of groundwater pursuant to this subchapter, including the issuance of water rights, protection of groundwater quality, and establishment of an education and information program.
(c)
(1)
This program shall not be inconsistent with nor shall it preempt or supersede any regulatory authority currently or in the future vested with the Division of Environmental Quality, the State Plant Board, or the Department of Health.
(2)
However, no permit or prior authorization from the division, the board, or the department shall be required to implement the provisions of this subchapter.
Amended by Act 2019, No. 910,§ 3065, eff. 7/1/2019.
Acts 1991, No. 154, § 4; 1991, No. 342, § 4; 1999, No. 1164, § 132.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-907 - Water conservation education and information program

(a)
The Arkansas Natural Resources Commission or its designee shall develop and implement an education and information program to encourage water conservation by increasing the public's awareness of the need for and techniques available for conservation.
(b)
This shall include, as a minimum, the following components as the commission deems necessary:
(1)
Technology transfer;
(2)
Training;
(3)
Technical assistance;
(4)
Research; and
(5)
Demonstration projects.
Acts 1991, No. 154, § 12; 1991, No. 342, § 12.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-908 - Designation of critical groundwater areas

(a)
Before designation of critical groundwater areas, the Arkansas Natural Resources Commission shall describe the proposed action, the reasons therefore, and the recommended boundaries.
(b)
Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and shall be held in each county within the proposed critical groundwater area.
Acts 1991, No. 154, § 5; 1991, No. 342, § 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-909 - Water rights - Initiation of regulatory authority within critical groundwater areas

(a)
(1)
When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal.
(2)
Before initiation of the regulatory program, the commission shall describe the proposed action, the reasons therefor, and the recommended boundaries if they differ from the previous critical groundwater area designation.
(3)
Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and shall be held in each county within the proposed critical groundwater area.
(4)
After such a declaration, no person shall withdraw groundwater from an existing well or construct a new well within the critical groundwater area without first obtaining a water right.
(5)
All determinations for the current water year shall have been made by March 1 of the preceding water year.
(b)
There will be no reduction or limitation for a period of four (4) years of the withdrawal of groundwater from an existing well or a well constructed during the first year following initiation of the regulatory authority and for which a water right is issued under the provisions of §
15-22-910(a)
.
Acts 1991, No. 154, § 7; 1991, No. 342, § 7; 2001, No. 1426, § 7.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-910 - Water rights - Issuance

(a)
GRANDFATHERING EXISTING WELLS.
(1)
(A)
Within one (1) year of initiation of the regulatory authority as provided under §
15-22-909
, the Arkansas Natural Resources Commission, upon application, shall issue to an applicant within the critical groundwater area a water right for existing wells equal to the average quantity of groundwater withdrawn for beneficial use over the past three (3) water years.
(B)
For wells with reported use levels significantly below normal use levels, prior water year use reports may be used to determine the three-year average in subdivision (a)(1)(A) of this section.
(2)
For new wells constructed during the first year of initiation of the regulatory authority as provided under §
15-22-909
, the commission, upon application, shall issue to an applicant within the critical groundwater area a water right equal to the quantity of groundwater necessary for beneficial use.
(3)
(A)
Failure to apply within this period shall create a conclusive presumption of abandonment of use.
(B)
If the landowner desires to receive a water right, he or she must apply for a water right pursuant to subsection (b) of this section.
(4)
Water rights issued pursuant to this subsection shall be exempt from the public notice requirements described in subsection (b) of this section.
(b)
New Groundwater Rights Applications.
(1)
To obtain a water right, application must be made in a form satisfactory to the commission.
(2)
The application shall contain information reasonably necessary to assist the commission in making a determination as to issuance of a water right.
(3)
Upon receipt of the application, the commission shall cause to be published a notice of application for water rights in a newspaper with statewide circulation.
(4)
In consideration of an application for water rights, the commission may:
(A)
Grant the application;
(B)
Deny the application; or
(C)
Grant the application subject to necessary reductions or conditions.
(5)
Persons who are or might be affected by issuance may request a hearing before the commission concerning the application within fifteen (15) days of publication of notice.
(c)
Priorities.
In the issuance of water rights, the commission shall give reasonable preference first to sustaining life, then to maintaining health, and finally to increasing wealth.
(d)
Review and Modification.
Water rights issued under this section shall be subject to review and modification by the commission.
(e)
ALTERNATIVE WATER SUPPLIES. In determining the issuance of water rights, the commission shall consider the availability or lack of availability of alternative water supplies.
Acts 1991, No. 154, §§ 8, 9; 1991, No. 342, §§ 8, 9; 2001, No. 1426, §§ 4, 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-911 - Water rights - General provisions

(a)
Purpose.
Water rights are issued for beneficial uses.
(b)
Duration.
(1)
Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission.
(2)
In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility.
(c)
Limitation on Quantity.
In the water right, the commission may limit annual withdrawals.
(d)
Precedence.
(1)
In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.
(2)
On all renewal applications, consideration shall be given to reasonable beneficial use.
(e)
Cancellation.
(1)
(A)
A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.
(B)
A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.
(2)
A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.
(3)
A water right may be cancelled for failure to report water use for two (2) consecutive years under §
15-22-302
or failure to pay the fee as set out in §
15-22-913
for two (2) consecutive years.
(f)
Off-tract Use of Groundwater.
(1)
(A)
The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in §
15-22-905(5)
.
(B)
However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.
(2)
A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.
(g)
Water Rights Attach to and Run with the Land.
A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right.
(h)
Automatically Transferred.
Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner.
Acts 1991, No. 154, § 10; 1991, No. 342, § 10.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-912 - Appeals

Any person aggrieved by decisions and actions under this subchapter by the Arkansas Natural Resources Commission may appeal pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1991, No. 154, § 15; 1991, No. 342, § 15.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-913 - Fees

(a)
The Arkansas Natural Resources Commission shall assess annual fees for:
(1)
The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and
(2)
The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well.
(b)
The fee shall be payable at the time of water use reporting pursuant to §§
15-22-215
and
15-22-302
.
Acts 1991, No. 154, § 13; 1991, No. 342, § 13.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-914 - Disposition of earnings and fees

Fees, penalties, and other funds collected under this subchapter shall be deposited into the Arkansas Water Development Fund established by §
15-22-507
. Two-thirds (2/3) of such funds deposited shall be used for an education and information program and cost sharing for water conservation and development. The remaining one-third (1/3) may be used for the administration of this subchapter, and the Arkansas Natural Resources Commission may transfer those funds to the districts delegated authority under this subchapter as it deems necessary.
Acts 1991, No. 154, § 14; 1991, No. 342, § 14.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 9 - ARKANSAS GROUNDWATER PROTECTION AND MANAGEMENT ACT (§§ 15-22-901 — 15-22-915) › Section 15-22-915 - Metering of certain withdrawals

(a)
Any well constructed after September 30, 2001, to withdraw groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the Arkansas Natural Resources Commission.
(b)
After September 30, 2006, any well withdrawing groundwater from a sustaining aquifer shall be equipped with a properly functioning water measuring or metering device acceptable to the commission.
(c)
Data gathered by the metering shall be used when completing the annual water use reports as provided in §
15-22-302
.
Acts 2001, No. 1426, § 6.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1001 - Short title

This subchapter may be cited as the "Arkansas Wetlands Mitigation Bank Act".
Acts 1995, No. 562, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1002 - Policy statement

The purpose of this subchapter is to:
(1)
Promote, in concert with federal and other state programs as well as interested parties, the restoration, maintenance, and conservation of aquatic resources, including wetlands, streams, and deep water aquatic habitats;
(2)
Improve cooperative efforts among private, nonprofit, and public entities for the restoration, management, and protection of aquatic resources;
(3)
Offset losses of aquatic resources values caused by activities that otherwise comply with state and federal law;
(4)
Encourage a predictable, efficient regulatory framework for environmentally acceptable mitigation;
(5)
Provide an option for accomplishing off-site mitigation when the mitigation is required under a dredge or fill permit; and
(6)
Supplement and not in any way abrogate any state or federal law relating to aquatic resources.
Acts 1995, No. 562, § 3; 2007, No. 476, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1003 - Definitions

As used in this subchapter:
(1)
"Aquatic resources" means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act,
33 U.S.C. § 1344
, and §§
9
and
10
of the Rivers and Harbors Act,
33 U.S.C. §§ 401
and
403
, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961;
(2)
"Commission" means the Arkansas Natural Resources Commission;
(3)
"Credit" means a numerical value that represents the aquatic resources functions and value of a site;
(4)
[Repealed.]
(5)
"Mitigation bank" means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act,
33 U.S.C. §§ 1251-1376
, §
404
of the Clean Water Act,
33 U.S.C. § 1344
, and §§
9
and
10
of the Rivers and Harbors Act,
33 U.S.C. §§ 401
and
403
, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961, or other laws requiring mitigation;
(6)
"Permit action" means activity under a specific dredge or fill permit requested or issued pursuant to § 404 of the Federal Water Pollution Control Act,
33 U.S.C. § 1344
, or any other action requiring mitigation; and
(7)
[Repealed.]
Amended by Act 2021, No. 501,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 78, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 77, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 35, eff. 8/1/2017.
Acts 1995, No. 562, § 2; 1997, No. 390, § 1; 1999, No. 1164, § 133; 2007, No. 476, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 22 - WATER RESOURCES (§§ 15-22-201 — 15-22-1313) › Subchapter 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1004 - Mitigation banks - Acquisition and protection

The Arkansas Natural Resources Commission or the commission's designee may:
(1)
Set a sales price for credits in the mitigation bank on behalf of the commission;
(2)
Acquire or accept title, including easements, from willing sellers or donors to approved lands, in the name of the commission, suitable for use in mitigation banks;
(3)
Pay costs incurred for alterations needed to create or restore aquatic resources areas for purposes of carrying out the provisions of this subchapter;
(4)
Authorize payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter;
(5)
Receive funds from whatever source for the voluntary acquisition of a mitigation bank and interests therein;
(6)
Enter into contracts with state and federal agencies, nonprofit corporations, or other persons for the management of mitigation bank properties; and
(7)
(A)
Upon satisfactory establishment of a functioning aquatic resources site, convey mitigation bank properties to other appropriate state agencies for management.
(B)
The commission shall reserve such interest in the mitigation bank property as necessary to protect the aquatic resources function and values.
Amended by Act 2021, No. 501,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 79, eff. 7/1/2019.
Acts 1995, No. 562, § 4; 2007, No. 476, § 3.