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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1005 - Program for mitigation banks - Program criteria

(a)
In accordance with the provisions of this subchapter, upon the approval of the Arkansas Natural Resources Commission, the Department of Agriculture shall initiate and implement a program for mitigation banks.
(b)
(1)
The commission shall adopt, by rule, standards and criteria for the site selection process, operation, and evaluation of mitigation banks.
(2)
Criteria to be considered shall include, but need not be limited to:
(A)
Historical aquatic resources trends, including the estimated rate of current and future losses of the respective types of aquatic resources;
(B)
The contributions of the aquatic resources to:
(i)
Wildlife, migratory birds, and resident species;
(ii)
Commercial and sport fisheries;
(iii)
Surface and groundwater quality and quantity and flood moderation;
(iv)
Habitat and species diversity;
(v)
Outdoor recreation, including enhancement of scenic waterways; and
(vi)
Scientific and research values;
(C)
Location of a mitigation bank in relation to the:
(i)
Location of permit actions where mitigation banks might be used;
(ii)
Probability of establishing successful mitigation bank projects; and
(iii)
Maximization of aquatic resources functions and values; and
(D)
Regional economic needs.
(c)
For each mitigation bank, the Department of Agriculture shall establish a well-defined plan, including preliminary objectives, an inventory of resource values, and an evaluation and monitoring program.
(d)
Lands for the mitigation bank shall not be acquired by condemnation.
Amended by Act 2019, No. 910,§ 80, eff. 7/1/2019.
Acts 1995, No. 562, §§ 4, 5; 2007, No. 476, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1006 - Resource values and credits for mitigation banks - Use and withdrawal of credits - Annual evaluation of system

(a)
For each mitigation bank, the Director of the Arkansas Natural Resources Commission shall establish a system of aquatic resources values and credits consistent with compensatory mitigation under § 404 of the Clean Water Act,
33 U.S.C. § 1344
, and §§
9
and
10
of the Rivers and Harbors Act,
33 U.S.C. §§ 401
and
403
, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961.
(b)
The director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the director determines that the implementation of the plan will likely result in the established aquatic resources function on the site.
(c)
The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank.
(d)
The director annually shall:
(1)
Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and
(2)
(A)
Compare the current aquatic resources functions and values with the aquatic resources functions and values that the director anticipated the mitigation bank would provide.
(B)
If the director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the director shall:
(i)
Suspend the withdrawal of credits to that mitigation bank; or
(ii)
Take prompt action to assure that the anticipated aquatic resources functions and values are established.
Amended by Act 2021, No. 501,§ 6, eff. 7/28/2021.
Acts 1995, No. 562, § 6; 1997, No. 390, § 2; 2007, No. 476, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1007 - Monitoring activities in mitigation banks - Reports

(a)
The Arkansas Natural Resources Commission shall maintain a record of actions for each mitigation bank and conduct monitoring of mitigation banks with moneys set aside for that purpose in the Arkansas Water Development Fund.
(b)
[Repealed.]
Amended by Act 2021, No. 501,§ 7, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 81, eff. 7/1/2019.
Acts 1995, No. 562, § 7; 2007, No. 476, § 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 15-22-1008 - Rules

The Arkansas Natural Resources Commission shall adopt rules necessary and convenient to carry out the provisions of this subchapter.
Acts 1995, No. 562, § 8; 2007, No. 476, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1009 - Consultation and cooperation with other agencies and interested parties - State agencies to use mitigation bank

(a)
The provisions of this subchapter shall be carried out by the Arkansas Natural Resources Commission.
(b)
All public agencies requiring permit action mitigation, when practicable, shall use mitigation banks created under this subchapter.
Amended by Act 2021, No. 501,§ 8, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 82, eff. 7/1/2019.
Acts 1995, No. 562, § 9; 2007, No. 476, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1010 - Arkansas wetlands mitigation bank funds to be deposited into the Arkansas Water Development Fund - Receipts

(a)
All moneys received for carrying out the provisions of this subchapter shall be deposited into the Arkansas Water Development Fund.
(b)
(1)
The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund.
(2)
The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the activity against which each withdrawal is charged.
Acts 1995, No. 562, § 10; 2007, No. 476, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1011 - Sources of funds

The following moneys shall be paid into the Arkansas Water Development Fund and used for purposes contained in this subchapter:
(1)
Moneys received from the sale of mitigation bank credits;
(2)
Any moneys appropriated for that purpose by the General Assembly;
(3)
Moneys obtained by gift, bequest, donation, or grant from any public or private source for the purposes of carrying out the intent of this subchapter;
(4)
Moneys obtained from state financial assistance programs for the purpose of carrying out the intent of this subchapter; and
(5)
Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this subchapter.
Acts 1995, No. 562, § 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 10 - ARKANSAS WETLANDS MITIGATION BANK ACT (§§ 15-22-1001 — 15-22-1012) › Section 15-22-1012 - Use of funds

The Arkansas Natural Resources Commission may use the moneys in the Arkansas Water Development Fund for the following purposes:
(1)
For the voluntary acquisition of land suitable for use in mitigation banks;
(2)
To pay for costs incurred for alterations needed to create, restore, or enhance aquatic resources areas for purposes of carrying out the provisions of this subchapter;
(3)
For payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter;
(4)
To repay financial assistance received from state financial assistance programs, including interest and applicable fees, used for the purposes of carrying out the intent of this subchapter; and
(5)
Any other purpose related to wetland, stream, deep water aquatic habitat, or aquatic resources creation or restoration.
Amended by Act 2019, No. 910,§ 83, eff. 7/1/2019.
Acts 1995, No. 562, § 12; 2007, No. 476, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1101 - Definitions

As used in this subchapter:
(1)
"Administrative account" means the Drinking Water State Administrative Account established by this subchapter within the Safe Drinking Water Fund;
(2)
"Authority" means the Arkansas Development Finance Authority or a successor agency or commission of the state;
(3)
"Commission" means the Arkansas Natural Resources Commission or a successor agency or commission of the state;
(4)
"Department" means the Department of Health or a successor agency of the state;
(5)
"Fund" means the Safe Drinking Water Fund established by this subchapter;
(6)
"Owner" means the owner or prospective owner of a water system, excluding any federal agencies;
(7)
"Revolving loan account" means the Drinking Water State Revolving Loan Fund Account established by this subchapter within the fund;
(8)
"Safe Drinking Water Act" means the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, and its subsequent amendments or successor provisions;
(9)
"Set aside account" means the Drinking Water State Set Aside Account established by this subchapter within the fund;
(10)
"State" means the State of Arkansas;
(11)
"State grants account" means the Drinking Water State Grants Account established by this subchapter within the fund; and
(12)
(A)
"Water system" means a public water system within the meaning of the Safe Drinking Water Act.
(B)
The water system may be owned publicly or privately and shall include particularly, without limitation:
(i)
Distribution and transmission lines;
(ii)
Storage, production, pumping, and treatment facilities;
(iii)
Impoundments;
(iv)
Reservoirs;
(v)
Wells;
(vi)
Source water protection;
(vii)
Land;
(viii)
Rights-of-way; and
(ix)
Conservation easements.
Acts 1997, No. 772, § 1; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1103 - Administration of fund generally

(a)
(1)
Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act.
(2)
The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund.
(3)
The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act.
(4)
(A)
Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account.
(B)
The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance.
(C)
The department may delegate its authority under this subsection to the commission.
(b)
The commission shall maintain full authority for the operation of the fund except the Drinking Water State Set Aside Account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund.
(c)
To the extent moneys provided by the United States Government under the Safe Drinking Water Act and nonappropriated state matches do not designate the account into which those moneys shall be deposited, the moneys shall be deposited into the accounts within the fund as designated by the commission.
Acts 1997, No. 772, § 3; 2003, No. 465, § 2; 2009, No. 457, §§ 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1104 - Administration of set aside account

(a)
(1)
The Drinking Water State Set Aside Account shall be administered by the Department of Health.
(2)
The department may establish procedures and adopt rules required to administer the account and programs financed in whole or in part with moneys in the account in accordance with federal or state law providing for water systems, including, without limitation the Safe Drinking Water Act, and to enter into contracts and other agreements in connection with the operation of the account, including without limitation contracts and agreements with federal agencies, the Arkansas Development Finance Authority, the Arkansas Natural Resources Commission, and other parties to the extent necessary or convenient for the implementation of the Safe Drinking Water Fund and programs financed in whole or in part with moneys in the fund.
(b)
The department shall maintain full authority for the operation of the account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the account.
Acts 1997, No. 772, § 4; 2003, No. 465, § 2; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1105 - Authority to accept grants - Deposit of funds received

(a)
The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority as agent for the commission may accept grants for the use of the Safe Drinking Water Fund from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities, specifically including without limitation appropriations from the State Treasury as heretofore or hereafter provided.
(b)
All moneys received by the commission or the authority under the provisions of this subchapter shall be deposited as and when received into the fund except as otherwise specifically provided by federal or state law.
(c)
(1)
Except for moneys hereafter deposited into or paid to the commission or the authority for deposit into the Drinking Water State Grants Account, all moneys now or hereafter received for, deposited into, or paid to the commission or the authority for deposit into the fund are specifically declared to be cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions but shall be held and applied by the commission or the authority as agent for the commission solely for the uses set forth in this subchapter.
(2)
Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness issued by owners or the making of loans with moneys in the fund including in each case moneys in the Drinking Water State Grants Account are declared to be cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the commission and the authority as agent for the commission solely for the uses set forth in this subchapter.
Acts 1997, No. 772, § 5; 2003, No. 465, § 2; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1106 - Fees for services provided by commission

(a)
(1)
The Arkansas Natural Resources Commission may establish and collect fees for its technical and administrative services in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of water systems or parts of water systems financed in whole or in part with moneys in the Safe Drinking Water Fund.
(2)
The authority granted in this section is supplemental to the authority granted to the commission under other laws to establish fees for its services.
(b)
The fees shall be payable in any one (1) or more of the following methods from:
(1)
Proceeds of loans, bonds, notes, or other evidences of indebtedness of an owner purchased from moneys in the fund;
(2)
Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority in connection with the fund; or
(3)
Periodic payments due on the loans, bonds, notes, or other evidences of indebtedness of an owner purchased with moneys in the fund.
Acts 1997, No. 772, § 6; 2003, No. 465, § 2; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1107 - Collection of fees

If requested by the Arkansas Natural Resources Commission, the Arkansas Development Finance Authority shall collect the fees from the owners receiving financial assistance from the Safe Drinking Water Fund and deposit the fees into the Drinking Water State Administrative Account within five (5) days after each periodic payment is made.
Acts 1997, No. 772, § 7; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1108 - Federal grants deposited into fund

(a)
Notwithstanding the provisions of §§
19-6-108
and
19-6-601
, grants to the state received by the Treasurer of State from the federal government for deposit into the Safe Drinking Water Fund are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter.
(b)
The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority may accept moneys for deposit into the fund from allocations from the Treasurer of State as provided in this section.
Acts 1997, No. 772, § 8; 2003, No. 465, § 3; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1109 - Use of Drinking Water State Revolving Loan Fund Account

(a)
The Arkansas Natural Resources Commission and with the approval of the commission the Arkansas Development Finance Authority may use the moneys in the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account.
(b)
Subject to §
15-22-1102(c)
-(e), the commission and, with the approval of the commission, the authority may pledge the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and pledge the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under §
15-5-901
et seq., consistent with applicable federal law and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under §
15-5-901
et seq., consistent with applicable federal law.
Acts 1997, No. 772, § 9; 2003, No. 465, § 3; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1110 - Withholding general revenue turnback

(a)
Should any city, town, county, or political subdivision receiving general revenue turnback funds as defined in the Revenue Stabilization Law, §
19-5-101
et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account, the Arkansas Natural Resources Commission after notification to the city, town, county, or political subdivision may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the name of the city, town, county, or political subdivision and the amount of deficiencies ninety (90) days or more past due.
(b)
Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback as the share is defined in the Revenue Stabilization Law, §
19-5-101
et seq., the amount so certified as due and to transfer the amount to the Drinking Water State Revolving Loan Fund Account and the Drinking Water State Administrative Account as follows:
(1)
Amounts withheld as fees shall be transferred to the Drinking Water State Administrative Account; and
(2)
Amounts withheld as principal and interest shall be transferred to the Drinking Water State Revolving Loan Fund Account.
Acts 1997, No. 772, § 10; 2003, No. 465, § 3; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1111 - Substitution of loans

(a)
The Arkansas Natural Resources Commission may remove any loan, bond, note, or other evidence of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account from that account and substitute another loan, bond, note, or other evidence of indebtedness not then in default as to payment of any installment of principal, interest, or financing fee, and having an equal or greater outstanding principal balance, made by the commission for a purpose authorized by this subchapter.
(b)
(1)
The commission may forgive principal of loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account.
(2)
However, principal may be forgiven only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.
Acts 2003, No. 465, § 4; 2009, No. 457, § 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 11 - SAFE DRINKING WATER FUND (§§ 15-22-1101 — 15-22-1112) › Section 15-22-1112 - Interest rates on loans

(a)
The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Natural Resources Commission.
(b)
However, the commission may establish negative rates of interest only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of these.
(c)
Notwithstanding any other provision of law, loans, bonds, notes, and other evidences of indebtedness issued by owners may bear interest at a negative rate if they are purchased with moneys in the Drinking Water State Revolving Loan Fund Account.
Acts 2009, No. 457, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1201 - Title

This subchapter may be known and cited as the "Sparta Aquifer Critical Groundwater Counties' Remediation Act".
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1202 - Legislative findings and intent

It is the intent of this subchapter to make available revenues and resources to discourage the withdrawal of Sparta Aquifer water by certain large water users in Bradley, Calhoun, Columbia, Jefferson, Ouachita, and Union counties.
Acts 1999, No. 1050, § 2; 2005, No. 1774, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1204 - Construction and enumeration

(a)
This subchapter is complete in itself and shall be the sole authority necessary to carry out its purposes.
(b)
This subchapter shall be construed liberally.
(c)
The enumeration of any object, purpose, power, or method shall not be deemed to exclude like objects, purposes, powers, or methods.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1205 - Sparta Aquifer critical groundwater county conservation boards

(a)
One hundred (100) or more qualified electors residing within any county may petition the circuit court for the county to establish a Sparta Aquifer critical groundwater county conservation board for the purposes set forth in this subchapter.
(b)
A petition filed pursuant to this subchapter shall contain:
(1)
A brief and concise statement describing the water crisis affecting the county;
(2)
A brief and concise statement showing the necessity for forming and operating the proposed board and describing the benefits to be derived from it by the residents and property owners in the county;
(3)
The proposed name for the board;
(4)
A proposed improvement plan; and
(5)
Any other and additional information as may be appropriate and useful, including without limitation, the proposed names of initial members and their terms.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1206 - Petition - Commission report

(a)
Upon the filing of the petition in the office of the circuit clerk, the clerk shall prepare a certified copy of the petition and transmit the certified copy to the Arkansas Natural Resources Commission within five (5) days after the date of the filing of the petition.
(b)
(1)
Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county.
(2)
The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court.
(c)
The report of the commission shall include, but need not be limited to:
(1)
A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of "county" in §
15-22-1203(6)
;
(2)
A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter;
(3)
A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use;
(4)
A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and
(5)
Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board.
(d)
(1)
If the commission makes a finding that an existing plan is in place to preserve the actual groundwater use under subdivision (c)(3) of this section, then the petition shall be held in abeyance, and the commission shall continuously monitor the plan's progress.
(2)
However, upon the petition of any twenty (20) persons alleging insufficient progress in the plan, the commission shall conduct a hearing in the county and examine the previous findings.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1207 - Court order - Notice and hearing

(a)
Within thirty (30) days after the report of the Arkansas Natural Resources Commission has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the circuit court shall enter its order:
(1)
Setting a hearing upon the petition for a day certain; and
(2)
Directing the clerk of the circuit court to give notice of the hearing by publication for two (2) consecutive weeks in a newspaper or newspapers having a general circulation in the county.
(b)
The notice shall contain:
(1)
A concise statement describing the purpose of the hearing;
(2)
A concise statement of the findings and conclusions of the commission; and
(3)
A warning to all persons residing or owning property within the county to appear upon the date and at the time and place of the hearing to show cause, if any exists, why the petition should not be granted.
(c)
Upon the date and at the time and place named in the notice, the circuit court shall meet and hear all persons who wish to appear and advocate or resist the establishment of the Sparta Aquifer critical groundwater county conservation board.
(d)
If the circuit court, after being satisfied as to the sufficiency of the petition and the proceedings thereon, finds it to be in the best interests of the persons residing or owning land within the county that the board should be established under the terms of this subchapter, the circuit court shall enter its order establishing the board, subject to the terms and provisions of this subchapter, and designating a name for the board.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1208 - County conservation board members

(a)
The Sparta Aquifer critical groundwater county conservation board shall be composed of one (1) qualified elector residing in each justice of the peace district in the county.
(b)
(1)
The initial members of the board shall be appointed by the circuit court at the time of establishment of the board or within a reasonable time thereafter.
(2)
The circuit court shall fix the terms of the initial members of the board in a manner that the terms of the board members shall expire on December 31 of the year of each general election and each two (2) years thereafter.
(3)
The membership of the initial board shall be divided into two-year, four-year, and six-year terms in order to set up the every-two-year rotation.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1209 - Additional county conservation board members

(a)
Other than the initial members of the Sparta Aquifer critical groundwater county conservation board, members of the Sparta Aquifer critical groundwater county conservation board shall be elected to terms of six (6) years by the qualified electors residing in the respective justice of the peace districts included in the county.
(b)
(1)
Nominations for members of the Sparta Aquifer critical groundwater county conservation board shall be upon petitions signed by at least ten (10) qualified electors residing in the justice of the peace district from which the member is to be elected.
(2)
The petition shall be filed with the county board of election commissioners at least sixty (60) days prior to the general election.
(c)
Election of members shall be held as a part of the general election and under the laws governing the general election.
(d)
Any member shall be qualified to succeed himself or herself.
(e)
Any member of the Sparta Aquifer critical groundwater county conservation board shall serve until his or her successor is elected and qualified.
(f)
In the event of an increase or decrease in the number of justice of the peace districts in a county, the circuit court, upon petition signed and filed with the circuit clerk by twenty (20) or more qualified electors residing in the county, shall enter its order making appropriate modifications in the composition of the Sparta Aquifer critical groundwater county conservation board.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1210 - Oath of office - Vacancy

(a)
Each member of the Sparta Aquifer critical groundwater county conservation board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board.
(b)
All oaths of members of the board shall be executed in writing and shall be filed in the office of the circuit clerk for the county.
(c)
Any member failing to take the oath within thirty (30) days after his or her appointment or election shall be deemed to have declined the office, and his or her place shall be filled as other vacancies.
(d)
(1)
Any vacancy on the board shall be filled by appointment of the board for a term to last until December 31 following the next general election, at which time the vacancy shall be filled by election from the appropriate district for the unexpired term of the position that became vacant.
(2)
Should there not be time for a candidate to qualify for the next general election, the appointment shall be until December 31 of the next-following general election.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1211 - Compensation - Liability - Meetings

(a)
The members of the Sparta Aquifer critical groundwater county conservation board shall receive no compensation but shall be entitled to reimbursement for out-of-pocket expenses by the procedure and in the amounts provided for employees of the State of Arkansas under §
25-16-902
.
(b)
Members of the board shall be immune from liability for acts and omissions within the scope of their duties as board members, except in cases of gross negligence or wanton misconduct.
(c)
Boards shall be authorized to acquire liability insurance for the benefit and protection of the members of the board and, except in cases of gross negligence or wanton misconduct, to reimburse members of the board in the event of liability.
(d)
Promptly upon their appointment, the members of the board shall meet and organize and shall elect a president, vice president, and secretary-treasurer and shall adopt bylaws which shall govern their proceedings.
(e)
(1)
Regular meetings of the board shall be held not less frequently than quarterly, as determined by the board, at the office of the board.
(2)
All meetings are subject to the open meetings and public meetings requirements of the Freedom of Information Act of 1967, §
25-19-101
et seq.
(f)
(1)
Special meetings of the board may be held at any time upon waiver of notice by all members or may be called by the president or by any two (2) members at any time, provided that notice signed by the person or persons calling any special meeting shall be mailed to each member of the board at least seven (7) days prior to the time fixed for the special meeting.
(2)
Emergency special meetings of the board may be held on the call of the president or vice president in the president's absence, provided a written notice is delivered by a member of the board or a designated agent whose name is set out in the notice to each member of the board at least three (3) working days prior to the time fixed for the emergency special meeting.
(g)
(1)
A majority of the members of the board shall constitute a quorum for the transaction of business.
(2)
In the absence of any of the elected officers of the board, a quorum at any meeting may select a member to act as presiding officer.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1213 - Annual financial audit and report

(a)
Each Sparta Aquifer critical groundwater county conservation board shall procure an annual financial audit to be conducted following each Sparta Aquifer critical groundwater county conservation board's fiscal year end.
(b)
Each Sparta Aquifer critical groundwater county conservation board shall choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Government Auditing Standards issued by the Comptroller General of the United States.
(c)
(1)
Each audit report and accompanying comments and recommendations shall be reviewed by the Sparta Aquifer critical groundwater county conservation board and copies of each audit report shall be filed with the Arkansas Natural Resources Commission and Arkansas Legislative Audit.
(2)
In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the Sparta Aquifer critical groundwater county conservation board, and one (1) copy shall be filed with the clerk of the circuit court where the petition was filed to create the Sparta Aquifer critical groundwater county conservation board.
Acts 1999, No. 1050, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1214 - Water conservation levy

(a)
The Sparta Aquifer critical groundwater county conservation board may levy and fix upon each registered water user and significant water user of aquifer water a conservation fee in an amount deemed appropriate by the board to discourage the withdrawal of aquifer water by registered water users and significant water users.
(b)
However, when the board has extended an alternate water source to the property line of a major water user and the major water user does not connect to and begin using the alternate water source, the major water user may be assessed a conservation fee determined by the board, not to exceed one and five-tenths (1.5) times the board's current rate for the alternate source per one thousand gallons (1,000 gals.) of aquifer water withdrawn, until the major water user connects to and uses the alternate water source.
Amended by Act 2017, No. 632,§ 1, eff. 8/1/2017.
Acts 1999, No. 1050, § 14; 2005, No. 1774, § 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 12 - SPARTA AQUIFER CRITICAL GROUNDWATER COUNTIES' REMEDIATION ACT (§§ 15-22-1201 — 15-22-1218) › Section 15-22-1215 - Monthly conservation fee

(a)
(1)
Each registered and significant water user shall report monthly on or before the fifteenth day of the month to the Arkansas Natural Resources Commission and to the Sparta Aquifer critical groundwater county conservation board on a form or forms prescribed by the commission the quantity of aquifer water which it withdrew during the preceding month on a well-by-well basis.
(2)
The board shall set the date on which the conservation fee shall go into effect.
(b)
(1)
Any conservation fee shall be payable each month, with the report provided for in subsection (a) of this section, to the county treasurer of the county.
(2)
Conservation fees shall be remitted to the board by the county treasurer after deduction of an amount equal to one-quarter of one percent (0.25%) thereof for payment or reimbursement of administrative expenses, on or before the first day of the month following the month in which the conservation fees were received.
(c)
All proceeds of the conservation fee shall be applied to defray the costs of the board for operation and maintenance of and debt service in relation to the improvement plan, including, but not limited to, the water facilities and to serve the purposes of this subchapter.
(d)
Any conservation fees which are determined to be delinquent for more than ninety (90) days shall constitute a lien on the real and personal property of each delinquent registered water user and significant water user and may be enforced against that property by an action in circuit court.
Acts 1999, No. 1050, § 15.