reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-305 - Employees - Legal services

(a)
The directors may employ technical experts, whose qualifications shall be approved by the commission, and such other employees as they may require, and shall determine their qualifications, duties, and compensations.
(b)
The directors may call upon the commission's attorney or the Attorney General for such legal services as they may require.
Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-306 - Furnishing information to commission

The directors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter.
Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-307 - Assistance from counties and municipalities

(a)
The directors may invite the legislative body of any municipality or county located within or near the territory comprised within the district to designate a representative to advise and consult with the directors of the district on all questions of program and policy which may affect the property, water supply, or other interests of the municipality or county.
(b)
Since the protection, preservation, conservation, and proper utilization of renewable natural resources are necessary in order to protect the public health and welfare, the county judge of any county served by a conservation district may assist the directors of the district in carrying out the purposes of this chapter. To that end he may use the equipment and employees of the county to do the conservation work as may be requested by the directors and may make a reasonable charge therefor.
(c)
In the event the county court finds that the benefits accruing to the county by reason of the program of a conservation district justify the action, it may make donations to the district of money, services, or the use of equipment.
(d)
The directors of those districts desiring county assistance shall make application therefor to the county judge and in such form as he may prescribe.
(e)
The quorum courts of the respective counties of the state are authorized and empowered to appropriate annually an amount as may be deemed necessary for such purposes.
Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; A.S.A. 1947, § 9-907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-308 - Cooperation between districts

The directors of any two (2) or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
Acts 1937, No. 197, § 11; Pope's Dig., § 11843; A.S.A. 1947, § 9-912.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-309 - Construction

(a)
The board of directors shall have control of the construction of the works provided for in the improvement plan.
(b)
It may advertise in local or state papers or papers published in other states for proposals for doing any work by contract. No work exceeding one thousand dollars ($1,000) shall be let without public advertisement. The board may accept or reject any proposals.
(c)
If the improvement plan is undertaken in cooperation with the United States, the board may enter into an agreement providing for the construction of the works of improvement and awarding of contracts therefor, to be by, and under the control and supervision of, the United States or any agency or instrumentality thereof. In that event the advertisement, award, and carrying out of the contracts shall be in accordance with the provisions of law applicable to such federal agency.
(d)
All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them for construction of the works provided for in the improvement plan, with good and sufficient sureties, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.
(e)
The board may:
(1)
Appoint all necessary agents for carrying on the work and fix their pay;
(2)
Buy all necessary materials and implements and sell any material or implements as may be on hand and which may not be necessary for the completion of the improvements; and
(3)
Make all such contracts in the prosecution of the work as may best subserve the public interest.
(f)
It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens.
Acts 1937, No. 197, §§ 34, 35, as added by Acts 1965, No. 424, § 5; 1969, No. 152, § 2; A.S.A. 1947, §§ 9-937, 9-938.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-310 - Surety bonds, records of proceedings, and audits

The directors shall provide for:
(1)
The execution of surety bonds for all employees and officers who shall be entrusted with funds or property;
(2)
The keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and
(3)
An annual audit of the accounts of receipts and disbursements.
Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; 1983, No. 687, § 1; A.S.A. 1947, § 9-907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-311 - Record and report of financial transactions

(a)
The board of directors shall keep a complete record of all financial transactions relating to the carrying out of the approved plan for works of improvement in a project area.
(b)
(1)
On or before March 1 of each year, the board shall file with the clerk of the court a sworn statement covering the preceding year ending December 31 of the financial condition of the district with respect to the approved plan in a project area.
(2)
In project areas with revenues, from whatever source derived, in excess of five thousand dollars ($5,000) per year, the pertinent books, records, and last annual report of the district with respect to the approved plan shall be examined at least once a year by a certified public accountant.
(3)
The accountant shall file a report of the examination with the clerk of the court within thirty (30) days after completing such examination.
(4)
The accountant shall recommend the form and method for keeping books and records and for making the reports of the district with respect to the approved plan.
(5)
The expense of the examination shall be paid as a part of the expenses of carrying out the approved plan.
Acts 1937, No. 197, § 31, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-934; Acts 1987, No. 472, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 3 - BOARD OF DIRECTORS (§§ 14-125-301 — 14-125-312) › Section 14-125-312 - Health insurance for conservation district employees

Conservation district employees are deemed to be state employees for the purpose of participating in group health insurance programs.
Acts 1981, No. 755, § 15; A.S.A. 1947, § 9-907.1; Acts 1991, No. 165, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-401 - In general

Any district or districts organized under the provisions of this chapter may be divided, or combined with any other district or districts, or divided and combined with any other district or districts in the manner set out in §§
14-125-402
-
14-125-409
.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-402 - Petition requesting division or combination

(a)
At least twenty-five (25) landowners of each district affected by the proposed division or combination shall sign and file with the Arkansas Soil and Water Conservation Commission a petition requesting that the district or districts, as the case may be, and the operations thereof, be divided or combined, or divided and combined, in the manner requested.
(b)
The commission shall prescribe the form for the petitions, which shall be as nearly as may be in the form described in this chapter for petitions to organize a district.
(c)
The commission may conduct the public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof.
(d)
The commission may define in more detail the boundaries outlined in the petitions for the districts proposed to result from the division or combination.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-403 - Conduct of referendum

(a)
Within sixty (60) days after a petition has been filed with the Arkansas Natural Resources Commission pursuant to §
14-125-402
, the commission shall give due notice of the holding of a referendum, shall supervise and conduct the referendum, and shall issue appropriate rules governing the conduct thereof.
(b)
Each owner of land lying within the district or districts to be affected shall be entitled to vote, and only such landowners shall be entitled to vote.
(c)
The commission shall make provisions on the referendum for each landowner to vote:
(1)
On whether or not he or she approves of the proposed division, if any, of the district in which his or her land is located; and
(2)
On whether or not he or she approves of the proposed new district in which his or her land will be located under the proposed combination, if any.
(d)
No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice shall have been given substantially as provided in this section and the referendum shall have been fairly conducted.
Amended by Act 2019, No. 315,§ 1007, eff. 7/24/2019.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-404 - Results of referendum - Commission determination

(a)
The commission shall publish the results of the referendum and shall thereafter consider and determine whether the division or combination requested in the petition is administratively practicable and feasible.
(b)
If the commission shall determine that the division or combination of the district or districts is not administratively practicable and feasible, it shall record the determinations and deny the petition. If the commission shall determine that the division or combination is administratively feasible and practicable, it shall record the determinations and proceed with the division or combination of the district or districts in the manner hereafter provided.
(c)
In making the determinations, the commission shall give due regard and weight to:
(1)
The attitudes of the owners of lands lying within the defined boundaries of the districts to be affected;
(2)
The number of landowners eligible to vote in the referendum who shall have voted;
(3)
The proportion of the votes cast in the referendum in favor of the division or combination of the district or districts to the total number of votes cast;
(4)
The approximate wealth and income of the land owners of the proposed new district or districts;
(5)
The probable expense of carrying on erosion-control operations within the district or districts; and
(6)
Such other economic and social factors as may be relevant to the combination, having due regard to the legislative determinations set forth in §§
14-125-102
-
14-125-104
.
(d)
However, no district or districts may be divided or combined if a majority of land owners voting vote against either the particular division or combination which is submitted to their vote as hereinabove provided.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-406 - Application for completion

(a)
Upon receiving the property, assets, and rights to which they shall be entitled under the division or combination decided upon in the above manner, the directors of each resulting district shall file an application, duly verified, with the Secretary of State, for the completion of the division or combination, which application shall set forth, and such application need contain no detail other than the mere recitals that:
(1)
A petition for the division or combination of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to petition;
(2)
The application is being filed in order to complete the division or combination of the old district or districts as governmental subdivisions and public bodies, corporate and politic, under this chapter;
(3)
They have been appointed and elected, respectively, as directors; and
(4)
The application shall also set forth with respect to the resulting district or districts the matters required in §
14-125-206
.
(b)
The application shall:
(1)
Be executed and sworn to as provided in §
14-125-206
; and
(2)
Be accompanied by a statement by the Arkansas Soil and Water Conservation Commission, which shall certify, and such a statement need contain no detail other than the mere recitals, that:
(A)
A petition was filed, notice given, and a referendum held on the question of dividing or combining the named districts;
(B)
The commission did duly determine that the division or combination was administratively practicable and feasible; and
(C)
The division or combination of the property, assets, and rights was decided upon and carried out in accordance with the provisions of this chapter.
(3)
The statement shall set forth the boundaries of the district as they have been described in the petition or further defined by the commission.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-407 - Processing applications - Certification of resulting districts

The Secretary of State shall examine the applications, shall receive and file them, and shall record them in the book for the recording of applications for the organization of districts. The old districts shall cease to exist as districts, and the resulting districts shall constitute governmental subdivisions of this state and public bodies corporate and politic. The secretary shall issue to the directors of each resulting district a certificate, under the seal of the state, of the due constitution by division or combination, as the case may be, of the district and shall record the certificate with the application and statement.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-408 - Effect of prior district regulations, contracts, etc. - Commission responsibility

(a)
Upon the issuance of the certificate of due constitution of each such district under the provisions of this chapter, all ordinances and regulations theretofore adopted and in force within the former districts shall be of no further force and effect.
(b)
All contracts, agreements, and easements entered into, to which an old district or the old directors thereof, are parties, shall remain in force and effect for the period provided in the contracts.
(c)
The Arkansas Soil and Water Conservation Commission shall be substituted for the district or directors as a party to such contracts.
(d)
The commission shall be entitled to all benefits and subject to all liabilities under the contracts and shall have the same right and liability to perform, to require performance, to sue and be sued, and to modify or terminate the contracts by mutual consent or otherwise, as the supervisors of the former district would have had.
(e)
The commission may designate and direct any of the new districts to act as its agent to carry out any contract or duty, or enforce any right, or perform any other work which accrues to it under this subchapter on account of the division or combination of an old district.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-409 - District powers and restrictions

The district constituted by the division or combination, and the directors thereof, shall have the same powers and be subject to the same restrictions as districts organized under §§
14-125-201
-
14-125-209
and the directors thereof.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 4 - DIVISION OR COMBINATION OF DISTRICTS (§§ 14-125-401 — 14-125-410) › Section 14-125-410 - Change of district name

(a)
The name of any soil and water conservation district may be changed with the approval of the Arkansas Soil and Water Conservation Commission upon:
(1)
The adoption of a resolution by a majority of the board of directors of the district; and
(2)
The filing of a certified copy of the resolution with the Secretary of State.
(b)
The Secretary of State shall, if he finds that the name is not identical or so nearly similar to the name of another soil and water conservation district as to lead to confusion or uncertainty, file the resolution and issue a new certificate to the district showing the new name.
Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1965, No. 424, § 3; A.S.A. 1947, § 9-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-501 - Authority to formulate regulations - Meetings and hearings

(a)
The directors of any district may formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion.
(b)
The directors may conduct public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-502 - Contents of regulations - Uniformity

(a)
The regulations to be adopted by the directors under the provisions of this subchapter may include:
(1)
Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures;
(2)
Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses, forestation, and reforestation;
(3)
Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on;
(4)
Provisions for such other means, measures, operations, and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard for the legislative findings set forth in §§
14-125-102
-
14-125-104
.
(b)
The regulations shall be uniform throughout the territory comprised within the district except that the directors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-503 - Notice of referendum - Proposed ordinance

(a)
The directors shall not have authority to enact such land-use regulations into law until after:
(1)
They shall have caused due notice to be given of their intention to conduct a referendum for submission of the regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of the proposed regulations; and
(2)
The directors have considered the result of the referendum.
(b)
The proposed regulations shall be embodied in a proposed ordinance.
(c)
Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum.
(d)
The notices of the referendum shall recite the contents of the proposed ordinance or shall state where copies of the proposed ordinance may be examined.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-504 - Referendum

(a)
The question shall be submitted by ballots, upon which the words "FOR approval of proposed ordinance No................, prescribing land-use regulations for conservation of soil and prevention of erosion" and "AGAINST approval of proposed ordinance No................ prescribing land-use regulations for conservation of soil and prevention of erosion" shall be printed, with a direction to cross out or scratch off one (1) or the other of the propositions, leaving unmarked the proposition for which the voter wishes to vote.
(b)
The directors shall supervise the referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof.
(c)
All owners of lands within the district shall be eligible to vote in the referendum. Only such landowners shall be eligible to vote.
(d)
No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or its result if notice thereof shall have been given substantially as provided in this section and if the referendum shall have been fairly conducted.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-505 - Effect of referendum

(a)
The directors shall not have authority to enact the proposed ordinance into law unless at least three-fourths (3/4) of the votes cast in the referendum shall have been cast for approval of the proposed ordinance.
(b)
The approval of the proposed ordinance by three-fourths (3/4) of the votes cast in the referendum shall not be deemed to require the directors to enact the proposed ordinance into law.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-506 - Copies of regulations

Copies of land-use regulations adopted under the provisions of this subchapter shall be printed and made available to all occupiers of lands lying within the district.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-507 - Force and effect of regulations

Land-use regulations prescribed in ordinances adopted pursuant to the provisions of this subchapter by the directors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all owners of lands within the district.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 5 - LAND-USE REGULATIONS (§§ 14-125-501 — 14-125-509) › Section 14-125-509 - Amendment, supplementation, or repeal of regulations

(a)
Any owner of land within the district may at any time file a petition with the directors asking that any or all of the land-use regulations prescribed in any ordinance adopted by the directors under the provisions of this subchapter shall be amended, supplemented, or repealed.
(b)
Land-use regulations prescribed in any ordinance adopted pursuant to the provisions of this subchapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations.
(c)
Referenda on adoption, amendment, supplementation, or repeal of land-use regulations shall not be held more often than once in six (6) months.
Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-601 - Proposed improvement plan for project areas within districts - Petition

(a)
The board of directors of a district may from time to time, on its own motion, and upon the filing of a petition by a majority in number of the owners of the lands or the owners of a majority in value of the lands, as shown by the last assessment of real property within a proposed improvement project area within the district, adopt a proposed plan for the construction, operation, and maintenance of works of improvement for the prevention of erosion, floodwater and sediment damages, or for the conservation, development, and utilization of soil and water resources and the disposal of water within the proposed project area.
(b)
The petition shall describe generally the territory intended to be included in the project area and shall state the general nature and purposes of the proposed improvements and their necessity, feasibility, and estimated cost, with such reasonable detail and definiteness as will demonstrate the utility, feasibility, and need for the improvements.
(c)
The petition of the landowners shall also be accompanied by a surety bond to pay for the expenses of survey of the proposed area, in case the proposed improvement plan for the project area is not approved by the court.
Acts 1937, No. 197, § 15, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-918.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-602 - Court approval of plan generally

(a)
Upon its adoption of a proposed improvement plan for an improvement project area, a copy of the plan shall be submitted to appropriate federal and state agencies for comment and the board of directors shall file the plan with the clerk of the chancery court of the county in which the district is located, with a petition that the court approve such plan for the project area therein described.
(b)
(1)
The court shall enter an order appointing an engineer to be selected by the board, subject to approval by the court, who shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties.
(2)
The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements. He shall file with the clerk of the court a report showing the territory which will be benefited by the proposed improvements, giving a general idea of the character and expense thereof, and making such suggestions as to the proposed improvements and their location as he may deem advisable.
(3)
The territory need not consist of contiguous parcels of land.
(c)
(1)
The chancery clerk shall, upon the filing of the report, give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed project area, which shall be described in the notice, to appear at a hearing before the court on some day to be fixed by the court, to show cause in favor of or against the proposed improvement plan for the project area.
(2)
If the court deems it to be in the best interests of the owners of land within the project area that the plan for the area shall be approved, it shall enter an order approving such plan and establishing the project area described therein.
(3)
Any owner of land within the territory of such project area may petition the court at the hearing to exclude his property.
(4)
If the court finds that the land would not be benefited by the proposed plan, the court, in its order, shall exclude the land of the petitioner or petitioners from the project area.
(5)
All such improvement plans for project areas shall be appropriately identified by a number or a name selected by the court.
Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-603 - Court approval of plan based on preliminary survey and report prepared with agency assistance

(a)
If the plan adopted by the board and filed with the clerk of the court is based on, and accompanied by, a preliminary survey and report prepared with the assistance of a federal or state agency, which sets forth the purpose of the plan, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity, feasibility, and estimated cost thereof, with such reasonable detail and definiteness that the court may understand therefrom the purpose, utility, feasibility, and need therefor, and if the court deems it to be in the best interests of the owners of land within the proposed project area, the court may, without the appointment of an engineer, hold a hearing in the manner provided in §
14-125-602
. If, after the hearing, the court deems it to be in the best interests of the owners of land within the proposed project area, it shall enter an order approving the plan and establishing the project area described therein, subject to the filing of a final work plan with the court.
(b)
When completed, the final work plan shall be filed by the board of directors, together with a map showing the location of the proposed improvements and an estimate of the costs thereof, with the court as a supplement to the preliminary survey and report, and if the court deems it to be in the best interests of the landowners of the project area, it shall enter an order approving such final plan as the improvement plan for the improvement project area delineated in such final plan.
(c)
If the final work plan includes in the project area lands in addition to those included in the project area in the preliminary survey and report, the court shall, before entering an order approving the plan as the improvement plan for the project area described therein, hold a hearing with respect to the additional lands in the manner provided in §
14-125-602
, and make a determination as to whether the improvement plan is in the best interests of the owners of land within the modified project area described therein.
Acts 1937, No. 197, § 17, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-920.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-604 - Expense of plan preparation, adoption, and approval

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the district out of its general funds, but all such costs and expenses paid by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan.
Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-605 - Effect of order approving improvement plan and establishing project area

(a)
The order of the court approving the improvement plan as provided in §
14-125-602
or the final improvement plan as provided in §
14-125-603
, and establishing the improvement project area described therein, shall have all the force and effect of a judgment.
(b)
Any landowner within the project area may appeal from the order within thirty (30) days after it has been made, but if no appeal is taken within that time, the order shall be deemed conclusive and binding upon all the land within the boundaries of the project area, and upon the landowners.
(c)
Any owner of land within a proposed project area may within like time appeal from any order refusing to approve a proposed plan and establish a project area.
Acts 1937, No. 197, § 18, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-921.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-607 - Alteration of plans

(a)
The board of directors may at any time alter the plan for works of improvement, but, before constructing the work according to the changed plan, the changed plan shall be filed with the clerk of the chancery court, and notice of the filing shall be given by publication for two (2) weeks in some newspaper published and having a general circulation in each of the counties containing lands within the project area.
(b)
If the court approves the changes, it shall enter its order approving the alteration of plans. However, if the changes add lands to the established project area, the court shall, before entering the order, hold a hearing with respect to the additional lands in the manner provided in §
14-125-602
to determine whether the improvement plan is in the best interests of the owners of land within the modified project area, and the owners shall have the same right of appeal as provided in connection with the original improvement plan.
Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 6 - IMPROVEMENT PLANS (§§ 14-125-601 — 14-125-608) › Section 14-125-608 - Additional works of improvement

After the work contemplated by the original improvement plan has been completed, the board of directors may adopt and file with the clerk of the chancery court where the original plan was filed a plan for additional works of improvement for the project area, and the proceedings with respect to such additional plan, including the right of appeal, shall be the same insofar as may be practicable as those required in connection with the original plan.
Acts 1937, No. 197, § 25, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-928.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 7 - TAXES AND ASSESSMENTS (§§ 14-125-701 — 14-125-711) › Section 14-125-702 - Filing and record of assessment

(a)
When an assessment is completed, the assessors shall subscribe an original and one (1) copy of the assessment and deposit the original with the clerk of the chancery court, where it shall be kept and preserved as a public record.
(b)
The copy shall be certified by the clerk and returned to the assessors to be preserved with the records of the district.
(c)
If the project area includes land in more than one (1) county, a certified copy of the assessment shall also be deposited with the clerk of the chancery court in such other county or counties to be kept and preserved as a public record.
Acts 1937, No. 197, § 21, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-924.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 7 - TAXES AND ASSESSMENTS (§§ 14-125-701 — 14-125-711) › Section 14-125-703 - Notice - Hearing of complaints - Appeal

(a)
Upon the filing of assessment, the clerk shall give notice thereof by publication for two (2) weeks in some newspaper published and having a general circulation in the county or counties in which the lands in the project area are located.
(b)
The notice shall give a description of the land assessed and state that the owners of the land may appear before the court on a day named therein and present complaints, if they have any, against the assessment of any land in the project area.
(c)
The day so named shall be not less than ten (10) days nor more than thirty (30) days after the last publication of the notice.
(d)
If no complaint is made as provided in this section, the assessment as deposited with the clerk shall be conclusive and the court shall enter an order confirming the assessment.
(e)
Any owner of land within the project area who conceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land within the project area is inadequate shall present his complaint to the court on the day named in the notice.
(f)
The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing it.
(g)
Its findings shall have the force and effect of a judgment, from which an appeal may be taken within thirty (30) days, either by any such owner of land or by the board of directors.
Acts 1937, No. 197, § 21, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-924.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 7 - TAXES AND ASSESSMENTS (§§ 14-125-701 — 14-125-711) › Section 14-125-704 - Acquiescence in damage assessment - Demand for assessment - Condemnation

Any owner of land may accept the assessment of damages in his favor made by the assessors or acquiesce in their failure to assess damages in his favor. He shall be construed to have done so unless he gives to the board, not later than the date of the hearing provided for in §
14-125-703
, notice in writing that he demands an assessment of his damages by a jury. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the approved improvement plan, which action shall be in accordance with the proceedings provided in §
14-125-303(a)(3)
.
Acts 1937, No. 197, § 22, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-925.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 125 - CONSERVATION DISTRICTS LAW (§§ 14-125-101 — 14-125-907) › Subchapter 7 - TAXES AND ASSESSMENTS (§§ 14-125-701 — 14-125-711) › Section 14-125-705 - Reassessment of benefits generally

(a)
The board shall have the power to order a reassessment of the benefits not more often than once a year, and this reassessment shall be made, advertised, and equalized as is provided for the original assessment of benefits.
(b)
All appeals of landowners objecting thereto must be taken and perfected within thirty (30) days from the time of the action of the court thereon.
(c)
If any obligation of the district shall be outstanding at the time of the reassessment, the liability thereon of land against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment.
Acts 1937, No. 197, § 24, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-927.