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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 6 - CERTAIN BOARDS OF COMMISSIONERS (§§ 14-120-601 — 14-120-608) › Section 14-120-605 - Petition by majority of landowners or existing commissioners - Order

If, upon the hearing provided for in §
14-120-604
, a petition is presented to the court signed by landowners against whose lands more than fifty percent (50%) in value of the assessment of benefits in a district is levied, or if the petition is presented to the court by the existing commissioners of the district, the court shall forthwith issue an order that the board of commissioners of the district shall thereafter consist of five (5) members, selected as hereinafter provided.
Acts 1971, No. 105, § 4; A.S.A. 1947, § 21-505.5.
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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 6 - CERTAIN BOARDS OF COMMISSIONERS (§§ 14-120-601 — 14-120-608) › Section 14-120-606 - Terms of office in districts having three commissioners

(a)
The terms of office of commissioners in all districts which have three (3) commissioners shall be nine (9) years to serve until their successors are duly selected and qualified as herein set forth.
(b)
(1)
These terms of office shall begin January 1.
(2)
(A)
For the initial terms the commissioners shall select one (1) of their number to serve for three (3) years, one (1) to serve for six (6) years, and one (1) to serve for nine (9) years.
(B)
The names and terms, so selected shall be certified to the clerk of the court having jurisdiction on or before January 1.
Acts 1971, No. 105, § 5; A.S.A. 1947, § 21-505.6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 6 - CERTAIN BOARDS OF COMMISSIONERS (§§ 14-120-601 — 14-120-608) › Section 14-120-607 - Terms of office in districts having five commissioners

(a)
The term of office of commissioners in all districts which have five (5) commissioners shall be ten (10) years to serve until their successors are duly selected and qualified as set forth in this subchapter.
(b)
(1)
These terms of office shall begin January 1.
(2)
(A)
For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) for four (4) years, one (1) for six (6) years, one (1) for eight (8) years, and one (1) for ten (10) years.
(B)
The names and terms so selected shall be certified to the clerk of the court having jurisdiction on or before January 1.
Acts 1971, No. 105, § 6; A.S.A. 1947, § 21-505.7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 6 - CERTAIN BOARDS OF COMMISSIONERS (§§ 14-120-601 — 14-120-608) › Section 14-120-608 - Filling vacancies and new positions

Vacancies in the office of commissioners, or creation of new positions by increase of number, shall be filled by order of the court having jurisdiction, subject to the following:
(1)
Ten (10) or more landowners against whose lands more than fifty percent (50%) in value of the assessment of benefits in a district is levied may, at any time, petition the court to remove a commissioner or commissioners and to appoint designated qualified persons as successors, and the court shall forthwith enter an order to that effect.
(2)
In the event of expiration of term of office, removal, or vacancy from any other cause, and in the absence of a petition as specified in the preceding subdivision, the court, on petition of any number of landowners or by the remaining commissioners, shall enter an order making the appointments. It shall cause notice to be published once a week for two (2) weeks in a newspaper or newspapers having general circulation in each of the counties involved in the district of the entry of its order appointing named commissioners for specified terms. Such notice shall specify a time and place for hearing, which shall be not less than ten (10) days after first publication of notice, at which time objections to such appointments will be heard. At the hearing the court may confirm the appointments or appoint any other qualified person.
Acts 1971, No. 105, § 7; A.S.A. 1947, § 21-505.8.
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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 7 - MAINTENANCE OF FACILITIES (§§ 14-120-701 — 14-120-705) › Section 14-120-701 - Purpose and intent

(a)
It is the express purpose and intent of this subchapter to require levee and drainage districts to keep their facilities in proper repair, whenever the districts shall have given assurances to the federal government that maintenance of a facility would be provided upon its completion.
(b)
In imposing the duty upon levee and drainage districts, the General Assembly takes cognizance of the fact that many levee and drainage facilities in the State of Arkansas are constructed through the cooperation of the federal government and that adequate maintenance of these facilities in good faith is extremely important if the State of Arkansas is to continue to receive the benefit of future development of levee and drainage projects in this state by the federal government.
(c)
The General Assembly also recognizes that a number of levee or drainage districts may be involved in an overall connecting levee or drainage project that results in mutual benefits to all districts in the affected area.
(d)
If one (1) or more of these districts fails to provide adequate maintenance according to the assurance given the federal government, the lack of maintenance can jeopardize the entire project.
(e)
Therefore, each district shall have the duty of maintaining its facility and shall not endanger the facilities of the other districts in the affected area.
(f)
In addition, the General Assembly recognizes that the policies of Congress in planning future levee and drainage work in the State of Arkansas will be influenced by the adequacy with which levee and drainage districts in this state provide maintenance of existing facilities according to the terms of the assurances given the federal government.
(g)
In order to encourage Congress to continue to make available funds for future development and improvement of levee and drainage projects in this state, the General Assembly recognizes that the State of Arkansas must take steps to see that the assurances given to the federal government by levee and drainage districts as authorized by the laws of this state shall be fulfilled. It is declared that the purpose of this subchapter is to require that maintenance shall be provided.
Acts 1957, No. 72, § 3; A.S.A. 1947, § 21-835.
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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 7 - MAINTENANCE OF FACILITIES (§§ 14-120-701 — 14-120-705) › Section 14-120-702 - Authority and powers of board of commissioners

(a)
The board of commissioners of any drainage or drainage and levee district organized under the laws of the State of Arkansas are authorized and empowered to purchase, lease, or rent, separately as individual districts or jointly with other districts such machinery, equipment, and material to be used in repairing, deepening, widening, clearing, and maintaining the ditches and levees of their districts.
(b)
The board of commissioners is further authorized and empowered to employ personnel as necessary and incident to the use of the machinery, equipment, and material obtained.
(c)
For the purpose of carrying out the provisions of this subchapter, drainage districts, and levee and drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law.
Acts 1957, No. 72, § 4; A.S.A. 1947, § 21-836.
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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 7 - MAINTENANCE OF FACILITIES (§§ 14-120-701 — 14-120-705) › Section 14-120-703 - Maintenance requirements

(a)
Whenever any levee or drainage district in the State of Arkansas shall have given assurances to the United States Army Corps of Engineers or other appropriate federal agency that the levee or drainage district will maintain any levee or drainage facility upon its completion by the federal government, then that levee or drainage district shall maintain the levee or drainage facility according to the terms of the assurance agreement entered into with the federal government.
(b)
It shall be the duty of the board of commissioners of all levee and drainage districts to take all appropriate action to maintain their levee and drainage facilities according to the assurances given to the federal government.
Acts 1957, No. 72, § 1; A.S.A. 1947, § 21-833.
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 120 - DRAINAGE AND LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-120-101 — 14-120-705) › Subchapter 7 - MAINTENANCE OF FACILITIES (§§ 14-120-701 — 14-120-705) › Section 14-120-705 - Collection and expenditure of tax - Costs

(a)
In all proceedings for the imposition and collection of an annual tax upon the real property in the levee or drainage district, the powers and duties of the Attorney General in this respect shall cease when the order of the proper court in the matter has become final.
(b)
The actual collection and expenditure of the tax shall be left to the board of directors or commissioners.
(c)
If the board fails or refuses to make the collection and expenditure, mandamus proceedings may be instituted, or, in case a district is without representation, the Attorney General may, in the name of the State of Arkansas, petition the proper local court for a receiver for the district to collect and expend the taxes.
(d)
The order of the court in all such proceedings shall provide for the payment of the legal costs, including a reasonable fee for the Attorney General, by the defendant district.
(e)
The order of the court in imposing an assessment or reassessment of taxes upon the real property in the district shall take into account the costs and expenses.
Acts 1957, No. 72, § 2; 1957, No. 416, § 1; A.S.A. 1947, § 21-834.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-121-101 — 14-121-105) › Section 14-121-101 - Definitions

(a)
As used in this act, unless the context otherwise requires:
(1)
"Real property" shall have the same meaning as when used in §
26-1-101
et seq. and shall embrace all railroads and tramroads within the district;
(2)
"Ditch" includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land.
(b)
Whenever the words "county court" or "county judge" are used in this act, they shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" shall mean "circuit clerk" in cases where the district contains lands in more than one (1) county.
Acts 1909, No. 279, §§ 1, 5, 32, p. 829; 1913, No. 177, § 5; C. & M. Dig., §§ 3611, 3638; Pope's Dig., §§ 4459, 4489; A.S.A. 1947, §§ 21-501, 21-511, 21-566.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-121-101 — 14-121-105) › Section 14-121-102 - Applicability

(a)
This act shall apply to the organization of districts, the main object of which is the construction of levees.
(b)
This act shall not repeal the drainage laws now in force, but it is an alternative system.
(c)
Drainage districts may be organized under this act or under the statutes which are in force at the time of the passage of this act.
Acts 1909, No. 279, §§ 32, 34, p. 829; 1911, No. 54, § 1; 1911, No. 221, § 5; 1913, No. 177, § 5; C. & M. Dig., §§ 3638, 3654; Pope's Dig., §§ 4489, 4505; A.S.A. 1947, §§ 21-566, 21-567.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-121-101 — 14-121-105) › Section 14-121-103 - Special court sessions

The county and circuit court may, at the request of the commissioners of the district, at any time hold special sessions for the purpose of:
(1)
Acting upon any petition or report; or
(2)
Making any order in a matter involving any drainage district.
Acts 1913, No. 177, § 15; C. & M. Dig., § 3647; Pope's Dig., § 4498; A.S.A. 1947, § 21-563.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-121-101 — 14-121-105) › Section 14-121-104 - Appeals not to delay work

No appeal provided for in this chapter shall be allowed to delay the organization of the district or the progress of the work of improvement.
Acts 1909, No. 279, § 29, p. 829; C. & M. Dig., § 3636; Pope's Dig., § 4488; A.S.A. 1947, § 21-564.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-121-101 — 14-121-105) › Section 14-121-105 - Obstructing or damaging drainage works - Penalty

Any person who obstructs a drain or damages drainage works provided for by this act shall be guilty of a violation and fined one hundred dollars ($100). He or she shall also be liable to the district for double the cost of removing the obstruction or repairing damage.
Amended by Act 2019, No. 383,§ 15, eff. 7/24/2019.
Acts 1909, No. 279, § 31, p. 829; C. & M. Dig., § 3665; Pope's Dig., § 4516; A.S.A. 1947, § 21-565.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-201 - Petition for establishment - Engineer and survey - Bond

(a)
It shall be the duty of the county court to enter upon its records an order appointing an engineer to be selected by the petitioners when three (3) or more owners of real property within a proposed district shall:
(1)
Petition the county court to establish a drainage district or a district to construct drainage or drainage and levee improvements in conjunction with the federal government and thereafter to maintain the whole of the improvements, or to maintain drainage or levee improvements constructed wholly or in part by the federal government, to embrace their property, describing generally the region which it is intended shall be embraced within the district; and
(2)
File a good bond to pay for the expense of survey of the proposed district, in case the district is not formed.
(b)
However, the engineer whom they select shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court. He 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, and shall be liable upon such bond for negligence or incompetency causing loss to the district.
(c)
The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed system of drainage.
(d)
The engineer shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making such suggestions as to the size of the drainage ditches and their location as he may deem advisable.
(e)
All expense incident to the survey and cost of publication shall be paid by the county as the work progresses upon proper showing, but all expenses incurred by the county shall be repaid out of the proceeds of the first assessment levied under this act.
Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig., § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-202 - Notice and hearing

(a)
The county clerk shall thereupon 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 district to appear before the court on some day to be fixed by the court, to show cause in favor of or against the establishment of the district.
(b)
At the time named in the notice, the county court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court deems it to the best interest of owners of real property within the district that the proposed district shall become a drainage district under the terms of this act, then it shall make an order upon its records establishing the same as a drainage district subject to all the terms and provisions of this act.
Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig; § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-203 - Land in more than one county

(a)
If land in more than one (1) county is embraced in the proposed district, the application shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in the circuit court.
(b)
The circuit court shall apportion all costs between the county or counties in proportion to the benefits assessed to each county.
(c)
The expenses incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the circuit court shall deem to be just and equitable.
(d)
All notices in that event shall be published in newspapers published and having bona fide circulation in each county in which the district embraces lands.
(e)
All of the districts shall be numbered consecutively or else shall receive names selected by the county court.
(f)
If the county court does not act promptly in complying with the terms of any section of this act essential to the creation and operation of the districts, it may be compelled to do so by mandamus.
(g)
The domicile of the district shall be the county in which the largest portion of the lands in the district lie, and all suits against it shall be by service on all of the commissioners of the district.
Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig., § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-204 - Signatures - Establishment when no petition is filed

(a)
If, upon hearing provided for in §§
14-121-201
-
14-121-203
, the petition is presented to the county court signed by a majority, either in numbers or in acreage or in value of the holders of real property within the proposed district, praying that the improvement be made, it shall be the duty of the county court to make the order establishing the district without further inquiry.
(b)
If no petition is filed, it shall be the duty of the county court to investigate as provided in §§
14-121-201
-
14-121-203
and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein.
(c)
The petition provided for therein may be signed by guardians for their wards, and by trustees, executors, and administrators for the estates represented by them.
(d)
If the signature of any corporation thereto is attested by the corporate seal, the signature shall be sufficient evidence of the assent of the corporation to the petition.
Acts 1909, No. 279, § 2, p. 829; 1911, No. 221, § 2; C. & M. Dig., § 3608; Pope's Dig., § 4456; A.S.A. 1947, § 21-502.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-205 - Effect of order establishing district - Appeal

(a)
The order of the county court establishing the district shall have all of the force of a judgment.
(b)
Any owner of real property within the district may appeal from the judgment within twenty (20) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district and upon the owners thereof. Any owner of property in the district may within a like time appeal from any order refusing to establish the district.
Acts 1909, No. 279, § 3, p. 829; 1911, No. 221, § 3; C. & M. Dig., § 3609; Pope's Dig., § 4457; A.S.A. 1947, § 21-503.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-206 - Advancement of cases involving validity of organization

All cases in which there arises a question of the validity of the organization of drainage districts shall be advanced as matters of public interest and heard in all courts at the earliest practicable moment.
Acts 1913, No. 177, § 12; C. & M. Dig., § 3644; Pope's Dig., § 4495; A.S.A. 1947, § 21-504.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-207 - Reorganization of districts formed under other laws

Any district organized under the existing statutes may become a drainage district under the terms of this act as follows:
(1)
If three (3) owners of real property within the district shall petition the county court to constitute them a drainage district under the terms hereof, the county court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the county, and of a time when the petition will be heard.
(2)
All owners of real property within the district shall have the right to appear and contest the petition or to support it.
(3)
The county court shall hear the evidence and shall either grant the petition or deny it, as it deems most advantageous to the property owners of the district. If it grants the petition, the district shall have all the rights and powers and be subject to all the obligations provided by the terms of this act.
(4)
However, if the majority of the landowners of the district or the owners of a majority of the acreage therein petition for the adoption of this act, the county court must make an order declaring that the district shall henceforth be governed by the terms of this act and shall appoint commissioners of his own selection, who shall carry into effect, without delay, the proposed drainage improvement.
(5)
The provisions of this act and the act of which it is amendatory shall not apply to or in any way affect Drainage District No. 2 and Drainage District No. 5, both in Poinsett County, as originally organized in and by the county court of the county. The court shall proceed to carry out the proposed improvements as if this act and the act of which it is amendatory had never been passed or become a law.
Acts 1909, No. 279, § 34, p. 829; 1911, No. 54, § 1; 1911, No. 221, § 5; C. & M. Dig., § 3654; Pope's Dig., § 4505; A.S.A. 1947, § 21-567.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-121-201 — 14-121-208) › Section 14-121-208 - Making districts created by special act into districts governed by general law

All drainage districts created by special acts are made drainage districts under Acts 1909, No. 279, with all the powers conferred by the latter and with all the liabilities and restrictions thereby imposed. However, nothing in this section shall be construed as taking away from any improvement district created by special acts any powers which are thereby conferred upon it, nor shall it displace any commissioners or directors of such districts now in office.
Acts 1927, No. 227, § 1; Pope's Dig., § 4519; A.S.A. 1947, § 21-568.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-301 - Members generally

(a)
When the county court has established any such drainage district, it shall appoint three (3) owners of real property within the county to act as commissioners.
(b)
Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not directly or indirectly be interested in any contract made by the board and that he will well and truly assess all benefits resulting from the improvement and all damages caused thereby.
(c)
Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the county court if in session, and if not, by the county judge.
(d)
All vacancies on the board shall be filled by the county court, or the county judge in vacation; but if a majority in value of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the county court or county judge to appoint the persons so designated.
(e)
(1)
The county court shall remove any member of the board on the petition of a majority in value of the owners of real property in the district.
(2)
The county court may remove any commissioner and appoint his successor upon proof of incompetency or neglect of duty, but the charges shall be in writing, and the commissioner shall have the right to be heard in his defense and to appeal to the circuit court.
(f)
The commissioners provided for in this subchapter shall receive as compensation the sum of twenty-five dollars ($25.00) each day for attending meetings of the board, together with their necessary expenses.
Acts 1909, No. 279, §§ 4, 13, 18, p. 829; 1911, No. 221, § 4; C. & M. Dig., §§ 3610, 3621, 3626; Acts 1921, No. 353, § 2; Pope's Dig., §§ 4458, 4472, 4477; Acts 1969, No. 152, § 3; 1971, No. 95, § 1; A.S.A. 1947, §§ 21-505, 21-506, 21-523.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-302 - Members - Increase in number

(a)
Whenever a majority in value of the owners of real property in any drainage district in this state which was established pursuant to the provisions of special acts of the General Assembly, but which were, by the provisions of §
14-121-208
, brought under the provisions of §§
14-121-101
,
14-121-102
,
14-121-104
,
14-121-105
,
14-121-201
-
14-121-205
,
14-121-207
,
14-121-301
,
14-121-304
,
14-121-305
,
14-121-307
,
14-121-310
,
14-121-311
,
14-121-313
,
14-121-401
-
14-121-406
,
14-121-408
,
14-121-411
,
14-121-412
,
14-121-422
-
14-121-432
,
14-121-440
-
14-121-442
,
14-121-802
-
14-121-805
, and
14-121-808
shall file petitions with the county court of the county in which the drainage district is located requesting that the membership of the board of commissioners of the drainage district shall be increased from three (3) to five (5) members, it shall be the duty of the county court to appoint, in the manner provided by law, two (2) additional owners of real property in the district as commissioners of the district. Thereafter, the total membership of the board of commissioners of the drainage district shall consist of five (5) members.
(b)
Such additional members shall be appointed in the same manner and vacancies in any position shall be filled in the same manner as now provided by law.
(c)
All action by the board of commissioners of any drainage district affected by this section shall be a majority vote of the membership of the board of commissioners.
Acts 1969, No. 277, § 1; A.S.A. 1947, § 21-505.1.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-303 - Members - District in more than one county

(a)
In case of a district lying in more than one (1) county, three (3) commissioners shall be appointed, and in all cases the commissioners must be owners of real property within the district.
(b)
However, where a district embraces lands in three (3) or more counties, the court may appoint as many commissioners as there are counties, but it shall be discretionary with the court whether he shall appoint a commissioner from each county.
Acts 1913, No. 177, § 6; C. & M. Dig., § 3639; Pope's Dig., § 4490; Acts 1957, No. 327, § 2; A.S.A. 1947, § 21-508.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-304 - Organization

The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum.
Acts 1909, No. 279, § 4, p. 829; 1911, No. 221, § 4, p. 193; C. & M. Dig., § 3610; Acts 1921, No. 353, § 2; Pope's Dig., § 4458; A.S.A. 1947, § 21-505.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-305 - Powers and duties

(a)
The boards of commissioners under this chapter shall have control of the construction of the improvements in their districts.
(b)
(1)
A board may advertise in local papers or papers published in other states for proposals for doing any work by contract.
(2)
Work that exceeds fifty thousand dollars ($50,000) shall not be let without public advertisement.
(3)
A board may accept or reject any proposals.
(c)
A board may:
(1)
Appoint all necessary agents for carrying on the work and fix their pay;
(2)
Buy all necessary material and implements;
(3)
Sell material or implements on hand that may not be necessary for the completion of the improvement; and
(4)
Make all such contracts in the prosecution of the work as may best serve the public interest.
(d)
(1)
A board shall 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.
(2)
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.
Amended by Act 2021, No. 992,§ 1, eff. 7/28/2021.
Acts 1909, No. 279, §§ 13, 14, p. 829; C. & M. Dig., §§ 3621, 3622; Pope's Dig., §§ 4472, 4473; Acts 1969, No. 27, § 1; 1969, No. 152, § 3; A.S.A. 1947, §§ 21-523, 21-524; Acts 1987, No. 79, § 1; 1995, No. 343, § 1; 2001, No. 200, § 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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-306 - Authority to secure federal aid - Surveys

All drainage districts in the State of Arkansas, whether created by special act or otherwise, are authorized, when considered practicable by the board of commissioners or directors of any such district, to make any necessary surveys for the securing of federal aid and assistance in the construction of dams and reservoirs for impounding of head waters which cause floods that overflow the ditches, wash away the levees and crops, and erode the lands in the district.
Acts 1955, No. 66, § 1; A.S.A. 1947, § 21-585.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-307 - Cooperation with the United States

(a)
If improvements are undertaken in cooperation with the United States, the board may enter into an agreement providing for the construction of the works of improvement and awarding of contracts therefor, to be by, and under the control and supervision of, the United States or any agency or instrumentality thereof.
(b)
In that event, the advertisement, award, and carrying out of the contracts shall be in accordance with the provisions of law applicable to the federal agency.
Acts 1909, No. 279, § 13; C. & M. Dig., § 3621; Pope's Dig., § 4472; Acts 1969, No. 152, § 3; A.S.A. 1947, § 21-523.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-308 - Authority to improve or extend districts, borrow money, and issue bonds

(a)
The commissioners of any drainage district organized under the provisions of §§
14-121-101
-
14-121-104
,
14-121-201
-
14-121-207
,
14-121-301
,
14-121-303
-
14-121-305
,
14-121-307
,
14-121-309
-
14-121-314
,
14-121-401
-
14-121-406
,
14-121-408
,
14-121-411
,
14-121-412
,
14-121-420
-
14-121-424
,
14-121-425(a), (b)
,
14-121-426
-
14-121-433
,
14-121-440
-
14-121-442
,
14-121-501
,
14-121-502
,
14-121-802
-
14-121-808
, and
14-121-810
shall have the power as hereinafter provided, either before or after the completion of the plans for the work therein, to deepen or widen the drains in the district and to build additional laterals for the better drainage of its lands, and to borrow money for that purpose.
(b)
To that end, they shall have power to issue negotiable bonds bearing a rate or rates of interest as provided in the resolution of the commissioners authorizing their issuance for the purpose of securing funds with which to complete the work of improvement in the district, and of widening or deepening the ditches, adding laterals, and for maintenance of the ditches and levees.
(c)
They may secure the payment of the bonds by a pledge and a mortgage of the assessment of the benefits in the district, and of all reassessments thereof.
Acts 1927, No. 203, § 1; Pope's Dig., § 4526; Acts 1970 (Ex. Sess.), No. 61, § 1; 1975, No. 225, § 9; 1981, No. 425, § 9; A.S.A. 1947, § 21-518.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-309 - Deposit of funds - Bond

(a)
If the commissioners deem best, they shall deposit the funds of the district in a solvent bank which will pay interest at not less than three percent (3%) nor exceeding four percent (4%) and shall give a good bond, conditioned that the funds shall be safely kept and paid out in accordance with the law.
(b)
The order shall relieve the treasurer and his bondsmen from liability for loss of the funds through the insolvency of the bank and its bondsmen, and no commission shall be paid the treasurer on sums so deposited. The bank shall pay out the funds only on warrants drawn upon it as prescribed for funds in the hands of the treasurer.
Acts 1913, No. 177, § 17; C. & M. Dig., § 3649; Pope's Dig., § 4500; A.S.A. 1947, § 21-552.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-310 - Treasurer - Warrants

(a)
The treasurer shall:
(1)
Pay out no money, save upon the order of the board and upon a warrant signed by the chairman of the board;
(2)
Be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board; and
(3)
Give special bond in a sum to be fixed by the county court as treasurer of each drainage district.
(b)
(1)
Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.
(2)
All warrants shall be dated and numbered consecutively. A record shall be kept by the board of the number and amount of each warrant.
(3)
No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number.
(4)
No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.
Acts 1909, No. 279, § 11, p. 829; C. & M. Dig., § 3619; Pope's Dig., § 4470; A.S.A. 1947, § 21-551.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-311 - Records and reports of financial transactions - Penalty

(a)
The commission shall also keep the original itemized bills and accounts of all financial transactions and all warrants which have been paid. Each warrant shall state on its face the service for which it was rendered, the person to whom paid, and the amount of the warrant.
(b)
(1)
On or before January 1 of each year, the commission shall file with the county clerk a sworn statement of the financial condition of the district, to cover the year ending on November 1 preceding.
(2)
The report shall contain, among other things:
(A)
A statement of the cash on hand January 1 of the year for which the report is made, together with all other assets of the district;
(B)
The total receipts for the preceding year; and
(C)
The disbursements for administration, for construction, and for maintenance of bonds redeemed, of interest paid, and of interest due on outstanding bonds, together with all other indebtedness of the district.
(c)
(1)
In districts with revenues, from whatever source derived, in excess of five thousand dollars ($5,000) per year, the books, records, and last annual report of the district shall be examined at least one (1) time a year by a certified public accountant.
(2)
The accountant shall file a report of the examination with the county court within thirty (30) days after completing the examination.
(3)
The accountant shall recommend the form and methods for keeping books and records and for making the reports of the district.
(4)
The expense of the examination shall be paid as a part of the district's expenses.
(d)
All accounts of this district shall be open for inspection by any person lawfully entitled to inspect them.
(e)
(1)
The failure of any of the officials named in this section to perform the duties and acts required herein shall be a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense.
(2)
For the making of a false or fraudulent report, the person or persons so making shall be guilty of perjury and punished accordingly.
Acts 1909, No. 279, § 30, p. 829; C. & M. Dig., § 3637; Pope's Dig., § 4487; A.S.A. 1947, § 21-556; Acts 1987, No. 472, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-312 - Attorneys

The commissioners of drainage districts appointed under §
14-121-301
shall have power to employ attorneys as needed by the district and to fix their compensation.
Acts 1913, No. 177, § 13; C. & M. Dig., § 3645; Pope's Dig., § 4496; A.S.A. 1947, § 21-507.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-313 - Liability

No member of any board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Acts 1909, No. 279, § 16, p. 829; C. & M. Dig., § 3624; Pope's Dig., § 4475; A.S.A. 1947, § 21-526.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 3 - BOARD OF COMMISSIONERS (§§ 14-121-301 — 14-121-314) › Section 14-121-314 - Ratification of commissioners' acts

The property owners in a drainage district may:
(1)
Consent to waive the right to resort to courts and may absolutely ratify and confirm what has been done by the board of commissioners and all other officials with reference to the district; and
(2)
Thereafter, be forever barred from testing or contesting in any way the validity of the proceedings up to that time, the assessments made or the tax levied for the payment of principal and interest of bonds, or for any other purpose.
Acts 1913, No. 177, § 8; C. & M. Dig., § 3641; Pope's Dig., § 4492; A.S.A. 1947, § 21-562.
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 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 4 - DISTRICT OPERATION GENERALLY (§§ 14-121-401 — 14-121-445) › Section 14-121-401 - Plans for improvements

(a)
As soon as the board shall have formed its plans for improvements and shall have ascertained the cost thereof, it shall file the plans with the county clerk.
(b)
The plans shall be accompanied by:
(1)
A map showing the location of all main and lateral ditches; and
(2)
Specifications fully describing the character of the improvements to be made, the width and depth of the ditches, the probable quantity of earth to be removed, and all other work to be done.
Acts 1909, No. 279, § 6, p. 829; C. & M. Dig., § 3612; Pope's Dig., § 4660; A.S.A. 1947, § 21-512.