Title 15 — Natural Resources and Economic Development
42 chapters · 1,687 sections in this title.
Ark. Code Ann. § 15-22-1001 Title
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This subchapter may be cited as the “Arkansas Wetlands Mitigation Bank Act”.
Ark. Code Ann. § 15-22-1002 Policy statement
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(1) The purpose of this subchapter is to:(1) Promote, in concert with federal and other state programs as well as interested parties, the restoration, maintenance, and conservation of aquatic resources, including wetlands, streams, and deep water aquatic habitats;(2) Improve coop…
Ark. Code Ann. § 15-22-1003 Definitions
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(1) As used in this subchapter:(1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and …
Ark. Code Ann. § 15-22-1004 Mitigation banks — Acquisition and protection
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(1) The Arkansas Natural Resources Commission or the commission's designee may:(1) Set a sales price for credits in the mitigation bank on behalf of the commission;(2) Acquire or accept title, including easements, from willing sellers or donors to approved lands, in the name of t…
Ark. Code Ann. § 15-22-1005 Program for mitigation banks — Program criteria
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(a) In accordance with the provisions of this subchapter, upon the approval of the Arkansas Natural Resources Commission, the Department of Agriculture shall initiate and implement a program for mitigation banks. (b) (1) The commission shall adopt, by rule, standards and criteria…
Ark. Code Ann. § 15-22-1006 Resource values and credits for mitigation banks — Use and withdrawal of credits — Annual evaluation of system
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(a) For each mitigation bank, the Director of the Arkansas Natural Resources Commission shall establish a system of aquatic resources values and credits consistent with compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and…
Ark. Code Ann. § 15-22-1007 Monitoring activities in mitigation banks — Reports
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The Arkansas Natural Resources Commission shall maintain a record of actions for each mitigation bank and conduct monitoring of mitigation banks with moneys set aside for that purpose in the Arkansas Water Development Fund.
Ark. Code Ann. § 15-22-1008 Rules
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The Arkansas Natural Resources Commission shall adopt rules necessary and convenient to carry out the provisions of this subchapter.
Ark. Code Ann. § 15-22-1009 Consultation and cooperation with other agencies and interested parties — State agencies to use mitigation bank
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(a) The provisions of this subchapter shall be carried out by the Arkansas Natural Resources Commission. (b) All public agencies requiring permit action mitigation, when practicable, shall use mitigation banks created under this subchapter.
Ark. Code Ann. § 15-22-1010 Arkansas wetlands mitigation bank funds to be deposited into the Arkansas Water Development Fund — Receipts
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(a) All moneys received for carrying out the provisions of this subchapter shall be deposited into the Arkansas Water Development Fund. (b) (1) The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund.(2) The record sh…
Ark. Code Ann. § 15-22-1011 Sources of funds
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(1) The following moneys shall be paid into the Arkansas Water Development Fund and used for purposes contained in this subchapter:(1) Moneys received from the sale of mitigation bank credits;(2) Any moneys appropriated for that purpose by the General Assembly;(3) Moneys obtained…
Ark. Code Ann. § 15-22-1012 Use of funds
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(1) The Arkansas Natural Resources Commission may use the moneys in the Arkansas Water Development Fund for the following purposes:(1) For the voluntary acquisition of land suitable for use in mitigation banks;(2) To pay for costs incurred for alterations needed to create, restor…
Ark. Code Ann. § 15-22-1101 Definitions
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(1) As used in this subchapter:(1) “Administrative account” means the Drinking Water State Administrative Account established by this subchapter within the Safe Drinking Water Fund;(2) “Authority” means the Arkansas Development Finance Authority or a successor agency or commissio…
Ark. Code Ann. § 15-22-1102 Creation — Terms and conditions for expenditures — Special accounts
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(a) (1) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the “Safe Drinking Water Fund”, which shall be maintained in perpetuity and administered by the commission and the Department of Health under this subch…
Ark. Code Ann. § 15-22-1103 Administration of fund generally
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(a) (1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs finan…
Ark. Code Ann. § 15-22-1104 Administration of set aside account
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(a) (1) The Drinking Water State Set Aside Account shall be administered by the Department of Health.(2) The department may establish procedures and adopt rules required to administer the account and programs financed in whole or in part with moneys in the account in accordance w…
Ark. Code Ann. § 15-22-1105 Authority to accept grants — Deposit of funds received
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(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority as agent for the commission may accept grants for the use of the Safe Drinking Water Fund from any state or federal agencies, municipalities, corporations, foundations, individual donors,…
Ark. Code Ann. § 15-22-1106 Fees for services provided by commission
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(a) (1) The Arkansas Natural Resources Commission may establish and collect fees for its technical and administrative services in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of water systems or parts of water systems fi…
Ark. Code Ann. § 15-22-1107 Collection of fees
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If requested by the Arkansas Natural Resources Commission, the Arkansas Development Finance Authority shall collect the fees from the owners receiving financial assistance from the Safe Drinking Water Fund and deposit the fees into the Drinking Water State Administrative Account …
Ark. Code Ann. § 15-22-1108 Federal grants deposited into fund
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(a) Notwithstanding the provisions of §§ 19-40-108 and 19-45-201, grants to the state received by the Treasurer of State from the United States Government for deposit into the Safe Drinking Water Fund are declared to be cash funds restricted in their use and dedicated to be used …
Ark. Code Ann. § 15-22-1109 Use of Drinking Water State Revolving Loan Fund Account
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(a) The Arkansas Natural Resources Commission and with the approval of the commission the Arkansas Development Finance Authority may use the moneys in the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and the assets acquired wi…
Ark. Code Ann. § 15-22-1110 Withholding general revenue turnback
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(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds as defined in the Revenue Stabilization Law, § 19-20-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more tha…
Ark. Code Ann. § 15-22-1111 Substitution of loans
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(a) The Arkansas Natural Resources Commission may remove any loan, bond, note, or other evidence of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account from that account and substitute another loan, bond, note, or other evidence of indebtedn…
Ark. Code Ann. § 15-22-1112 Interest rates on loans
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(a) The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Na…
Ark. Code Ann. § 15-22-1201 Title
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This subchapter may be known and cited as the “Sparta Aquifer Critical Groundwater Counties' Remediation Act”.
Ark. Code Ann. § 15-22-1202 Legislative findings and intent
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It is the intent of this subchapter to make available revenues and resources to discourage the withdrawal of Sparta Aquifer water by certain large water users in Bradley, Calhoun, Columbia, Jefferson, Ouachita, and Union counties.
Ark. Code Ann. § 15-22-1203 Definitions
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(1) As used in this subchapter:(1) “Acquire” means to acquire by purchase, lease, devise, gift, or other mode of acquisition and by any method selected by a Sparta Aquifer critical groundwater county conservation board;(2) “Aquifer water” means water removed from the Sparta Aquif…
Ark. Code Ann. § 15-22-1204 Construction and enumeration
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(a) This subchapter is complete in itself and shall be the sole authority necessary to carry out its purposes. (b) This subchapter shall be construed liberally. (c) The enumeration of any object, purpose, power, or method shall not be deemed to exclude like objects, purposes, pow…
Ark. Code Ann. § 15-22-1205 Sparta Aquifer critical groundwater county conservation boards
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(a) One hundred (100) or more qualified electors residing within any county may petition the circuit court for the county to establish a Sparta Aquifer critical groundwater county conservation board for the purposes set forth in this subchapter. (b) A petition filed pursuant to t…
Ark. Code Ann. § 15-22-1206 Petition — Commission report
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(a) Upon the filing of the petition in the office of the circuit clerk, the clerk shall prepare a certified copy of the petition and transmit the certified copy to the Arkansas Natural Resources Commission within five (5) days after the date of the filing of the petition. (b) (1)…
Ark. Code Ann. § 15-22-1207 Court order — Notice and hearing
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(a) Within thirty (30) days after the report of the Arkansas Natural Resources Commission has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the circuit court shall enter its order:…
Ark. Code Ann. § 15-22-1208 County conservation board members
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(a) The Sparta Aquifer critical groundwater county conservation board shall be composed of one (1) qualified elector residing in each justice of the peace district in the county. (b) (1) The initial members of the board shall be appointed by the circuit court at the time of estab…
Ark. Code Ann. § 15-22-1209 Additional county conservation board members
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(a) Other than the initial members of the Sparta Aquifer critical groundwater county conservation board, members of the Sparta Aquifer critical groundwater county conservation board shall be elected to terms of six (6) years by the qualified electors residing in the respective ju…
Ark. Code Ann. § 15-22-1210 Oath of office — Vacancy
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(a) Each member of the Sparta Aquifer critical groundwater county conservation board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the bo…
Ark. Code Ann. § 15-22-1211 Compensation — Liability — Meetings
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(a) The members of the Sparta Aquifer critical groundwater county conservation board shall receive no compensation but shall be entitled to reimbursement for out-of-pocket expenses by the procedure and in the amounts provided for employees of the State of Arkansas under § 25-16-9…
Ark. Code Ann. § 15-22-1212 Powers of county conservation board
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(a) Each Sparta Aquifer critical groundwater county conservation board shall have the power to:(1) Sue and be sued and complain and defend in the name of the board;(2) Adopt a seal which may be altered at the board's pleasure and use it as the board determines;(3) Acquire, constr…
Ark. Code Ann. § 15-22-1213 Annual financial audit and report
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(a) Each Sparta Aquifer critical groundwater county conservation board shall procure an annual financial audit to be conducted following each Sparta Aquifer critical groundwater county conservation board's fiscal year end. (b) Each Sparta Aquifer critical groundwater county conse…
Ark. Code Ann. § 15-22-1214 Water conservation levy
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(a) The Sparta Aquifer critical groundwater county conservation board may levy and fix upon each registered water user and significant water user of aquifer water a conservation fee in an amount deemed appropriate by the board to discourage the withdrawal of aquifer water by regi…
Ark. Code Ann. § 15-22-1215 Monthly conservation fee
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(a) (1) Each registered and significant water user shall report monthly on or before the fifteenth day of the month to the Arkansas Natural Resources Commission and to the Sparta Aquifer critical groundwater county conservation board on a form or forms prescribed by the commissio…
Ark. Code Ann. § 15-22-1216 Meter required
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(a) (1) Each registered water user shall install and maintain a meter at its expense in conformance with the standards and specifications issued by the Arkansas Natural Resources Commission for the purpose of measuring and recording the quantity of aquifer water drawn by the regi…
Ark. Code Ann. § 15-22-1217 Violation — Penalty
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(a) Any registered water user or significant water user who shall fail to report as set forth in § 15-22-1215 shall be subject to an administrative penalty at the rate of two (2) times the conservation fee owed, payable to the Sparta Aquifer critical groundwater county conservati…
Ark. Code Ann. § 15-22-1218 Rules and regulations
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The Arkansas Natural Resources Commission and each Sparta Aquifer critical groundwater county conservation board are authorized to issue rules and regulations and to conduct investigations for the purpose of implementing and carrying out the terms of this subchapter.
Ark. Code Ann. § 15-22-1301 Water resources — Bonds
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(1) The Arkansas Natural Resources Commission may issue revenue bonds from time to time whether or not the interest on the bonds is subject to federal income taxation to provide:(1) Funds for the:(A) Construction Assistance Revolving Loan Fund established by § 15-5-901;(B) Safe D…
Ark. Code Ann. § 15-22-1302 Legal counsel — Underwriter
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The Arkansas Natural Resources Commission may engage legal counsel and an underwriter or underwriters to facilitate the issuance and sale of bonds to be issued under this subchapter.
Ark. Code Ann. § 15-22-1303 Tax exempt status of bonds — Investment in bonds
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(a) Any bonds issued under this subchapter and the interest paid on the bonds shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and property taxes. (b) (1) Any municipality, board, commission, or other authority esta…
Ark. Code Ann. § 15-22-1304 Gubernatorial approval
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(a) When gubernatorial approval is required by the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., as amended, or any other federal or state law, the Governor may approve the issuance of bonds by the Arkansas Natural Resources Commission upon receipt of written re…
Ark. Code Ann. § 15-22-1305 Bonds — Form — Terms
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(a) (1) The Arkansas Natural Resources Commission shall authorize by resolution the issuance of bonds under this subchapter.(2) The commission shall determine with regard to the bonds:(A) Form and denominations;(B) Date or dates;(C) Time of maturation;(D) Interest, including:(i) …
Ark. Code Ann. § 15-22-1306 Bonds — Sales
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(a) The bonds may be sold in a manner, either at public or private sale, and upon terms that the Arkansas Natural Resources Commission shall determine to be reasonable and expedient for effectuating the purposes for which the bonds are issued. (b) The bonds may be sold at a price…
Ark. Code Ann. § 15-22-1307 Bonds — Signature — Seal
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(a) The bonds shall be executed by manual or facsimile signature of the Chair of the Arkansas Natural Resources Commission and the manual or facsimile signature of any other director or officer authorized to do so by resolution of the Arkansas Natural Resources Commission. (b) If…
Ark. Code Ann. § 15-22-1308 Bonds — Issuance — Payment
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(a) The face of each bond shall plainly state that the bond:(1) Has been issued under this subchapter;(2) Is an obligation only of the Arkansas Natural Resources Commission; and(3) Does not constitute:(A) An indebtedness of the state;(B) An indebtedness for which the faith and cr…