Title 15 — Natural Resources and Economic Development

(a) Bonds at any time sold under the provisions of this subchapter shall be on the basis of public sale on sealed bids, after notice published by the Chair of the Arkansas Natural Resources Commission for at least one (1) insertion not less than twenty (20) days before the date o…

(a) All revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, specifically, in amounts …

(a) All bonds issued under this subchapter shall be direct general obligations of the State of Arkansas for the payment of the debt service on which the full faith and credit of the State of Arkansas are hereby irrevocably pledged so long as the bonds are outstanding. (b) The bon…

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall:(A) Determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductio…

(a) All bonds issued under this subchapter and interest thereon shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of …

(a) (1) This subchapter shall constitute a contract between the State of Arkansas and the holders and registered owners of all bonds issued under this subchapter which shall never be impaired.(2) Any violation of its terms, whether under purported legislative authority or otherwi…

This subchapter shall not create any right of any character, and no right of any character shall arise pursuant to this subchapter unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.

(1) The proceeds of the sale of bonds issued under this subchapter shall be deposited by the Arkansas Natural Resources Commission:(1) Into all or any one (1) or more of the funds established pursuant to § 15-22-614, as set forth in the resolution or trust indenture authorizing o…

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the fullest extent practicable pending disbursement for the purposes intended. Investment shall be in accordance with the terms of the resolution or trust indenture author…

All cases involving the validity of this subchapter or any portion thereof or in any way arising under this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause. All ap…

This subchapter may be referred to and cited as the “Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987”.

(1) As used in this subchapter:(1) “Commission” means the Arkansas Natural Resources Commission and any successor agency or department;(2) “Debt service” means principal, interest, redemption premiums, if any, and trustees' and paying agents' and like servicing fees relative to t…

(a) This subchapter shall be liberally construed to accomplish the purposes of this subchapter. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and to this end, it shall not be necessary that the provisions of other law…

(1) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter to:(1) Provide loans from bond proceeds to cities, counties, improvement districts, conservation districts, or other political subdivisions o…

The Arkansas Natural Resources Commission is authorized to issue bonds of the State of Arkansas, to be known as “State of Arkansas Waste Disposal and Pollution Abatement Facilities General Obligation Bonds”, in total principal amount not to exceed two hundred fifty million dollar…

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed fifty million dollars ($50,000,000), unless the General Assembly, by law, shall have authorized a greater principal amount to be issued during a fiscal biennium.

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be financed with the proceeds derived from the sale of the bonds, the need for the work or projects, an…

Bonds issued under this subchapter shall be issued for the purpose of financing and development of waste disposal facilities or pollution abatement facilities, and the proceeds of the bonds shall be applied for the payment of project costs and the costs and expenses of issuance o…

The bonds may be issued in the form of coupon bonds, payable to bearer, or as bonds registered as to principal only with interest coupons, or as bonds registered as to both principal and interest without coupons; may be in such denominations; and may be made exchangeable for bond…

(a) The bonds shall be issued in series as set forth in this section, in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued. (b) The bonds of each series shall:(1) (A) Hav…

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission.(2) Each resolution shall contain such terms, covenants, and conditions as are deemed desirable, including, without limitation, those pertaining to the establishment and maintenance o…

(a) (1) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and with the manual signature of the Treasurer of State or by one (1) or more deputies of the Treasurer of State.(2)…

(a) Bonds shall be sold at public sale on sealed bids, after notice published by the Chair of the Arkansas Natural Resources Commission by at least one (1) insertion not less than twenty (20) days before the date of sale in a newspaper published in the City of Little Rock and in …

(a) The bonds shall be the direct general obligations of the State of Arkansas for the payment of debt service on which the full faith and credit of the State of Arkansas are irrevocably pledged so long as any such bonds are outstanding. (b) The bonds shall be payable from the ge…

(a) (1) On or before commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment for all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions ther…

(a) All bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investmen…

(a) This subchapter shall constitute a contract between the State of Arkansas and the holders or registered owners of all bonds issued under this subchapter which shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, …

This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to this subchapter unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.

(a) The proceeds from the sale of the bonds, together with all revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter, shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish th…

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, the investments shall be in accordance with the ter…

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases must be t…

This subchapter shall be known and cited as the “Arkansas Water Resources Cost Share Finance Act”.

The purpose of this subchapter is to provide the state and local political subdivisions of the State of Arkansas with the nonfederal share of their financial obligations required under any local cooperative agreements entered into with the federal government.

(1) As used in this subchapter:(1) “Commission” means the Arkansas Natural Resources Commission;(2) “Cooperative agreement” means an agreement entered into between the federal government and the state and a local government in Arkansas;(3) “Cost sharing” means a program in which …

(1) The Arkansas Natural Resources Commission shall:(1) Administer the loan and grant programs authorized under this subchapter;(2) Take necessary action to ensure that the funds are used for the purposes established in this subchapter and in accordance with state and federal law…

(a) The Arkansas Natural Resources Commission is authorized to make either loans or grants to local governments to provide them with the nonfederal interest's share of the cost share for a water resources development project. (b) (1) The commission shall not make a loan or grant …

(a) (1) Local governments who have entered into or who are attempting to enter into a cooperative agreement for cost-sharing to finance a water resources development project are eligible to apply for a loan or grant under this subchapter.(2) Combinations of local governments may …

(a) From each year's applications for grants and loans, the Arkansas Natural Resources Commission shall develop a priority list for water resources development projects which ranks each water resources development project in order of its priority. (b) The priority ranking of wate…

(a) The Arkansas Water Resources Cost Share Revolving Fund created under § 19-27-233 is a depository for funds which may be appropriated or otherwise secured for cost-sharing with the United States Government in local water resources development projects under this subchapter. (b…

(a) The Arkansas Natural Resources Commission is authorized to use the funds deposited into the Arkansas Water Resources Cost Share Revolving Fund for grants to local governments with limited financial capacity. (b) In selecting the recipients for state grants authorized in this …

(1) The Arkansas Natural Resources Commission may provide financial assistance to a local government for water resources development projects under this subchapter without the requirement of execution of a cooperative agreement between the local government and the federal governm…

This subchapter shall be known as the “Arkansas Groundwater Protection and Management Act”.

The State of Arkansas has an abundance of good quality groundwater. In some areas of the state, this groundwater is being mined such that in the future there may not be adequate supplies of good quality groundwater to meet our needs. In order to protect groundwater for the future…

(1) As used in this subchapter:(1) “Administrative Procedure Act” means the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;(2) “Aquifer” means a permeable, water-bearing stratum of rock, sand, or gravel;(3) “Beneficial use” means the use of water in such quantity as i…

(1) The Arkansas Natural Resources Commission shall have all powers necessary to effectuate this subchapter, including the power to:(1) Promulgate rules for groundwater classification and aquifer use, well spacing, issuance of groundwater rights within critical groundwater areas,…

(1) The following provisions shall limit the Arkansas Natural Resources Commission's powers under this subchapter:(1) (A) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered …

(a) In order to protect the groundwater of the state, the Arkansas Natural Resources Commission shall develop a comprehensive groundwater protection program. (b) This shall contain, as a minimum, the following components as the commission deems necessary:(1) Assessment and monito…

(a) The Arkansas Natural Resources Commission or its designee shall develop and implement an education and information program to encourage water conservation by increasing the public's awareness of the need for and techniques available for conservation. (b) This shall include, a…

(a) Before designation of critical groundwater areas, the Arkansas Natural Resources Commission shall describe the proposed action, the reasons therefore, and the recommended boundaries. (b) Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, §…

(a) (1) When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal.(2) Before initiation of the regulatory program, the commission shall descri…