Title 15 — Natural Resources and Economic Development

(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…

(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…

(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,…

(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…

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 …

(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 …

(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…

(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…

(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…

(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…

This subchapter may be known and cited as the “Sparta Aquifer Critical Groundwater Counties' Remediation Act”.

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.

(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…

(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…

(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…

(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)…

(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:…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

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.

(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…

(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…

(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) …

(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…

(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…

(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…

(a) (1) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Natural Resources Commission shall be valid and binding from the time the pledge is made.(2) The revenues, moneys, funds, or other property so pledged and received by the commission shall immedi…

(a) Bonds may be issued for the purpose of refunding either at maturity or in advance of maturity any bonds issued under this subchapter or any bonds issued by the Arkansas Development Finance Authority to finance the Construction Assistance Revolving Loan Fund or the Safe Drinki…

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

No commissioner or officer of the Arkansas Natural Resources Commission shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she has acted with a corrupt intent.

(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…

(a) It is in the best interest of the people of the State of Arkansas to have a water policy that recognizes the vital importance of water to the prosperity and health of both people and their natural surroundings. (b) Preserving water of a sufficient quality and quantity will al…

(1) As used in this subchapter:(1) “Commission” means the Arkansas Natural Resources Commission;(2) “Conservation district” means conservation districts created under the Conservation Districts Law, § 14-125-101 et seq.;(3) “Diffused surface water” means water occurring naturally…

(a) The provisions of this subchapter shall be cumulative of all existing statutes of this state with respect to matters governed by this subchapter and shall not be construed to repeal any statute or provision thereof. (b) However, the construction and maintenance of a dam in ac…

(a) (1) Any person who violates any provision of this subchapter shall be guilty of a misdemeanor and subject to imprisonment not to exceed six (6) months or a fine not to exceed ten thousand dollars ($10,000), or both.(2) For a continuing offense, each day during which the offen…

(a) The Arkansas Natural Resources Commission shall have the power to:(1) Issue permits for the construction of dams to impound water;(2) Issue certificates of registration of water diverted from streams; and(3) Make allocations among persons taking water from streams during peri…

(a) (1) (A) No rule or order, including a change, renewal, or extension thereof, shall be made by the Arkansas Natural Resources Commission except after reasonable notice and public hearing with respect thereto.(B) If matters to be considered at a meeting are of general applicati…

Any member of the Arkansas Natural Resources Commission, or the commission's designee, may administer an oath to any witness in any hearing, investigation, or proceeding under the provisions of this subchapter.

(a) The Arkansas Natural Resources Commission or any member thereof is empowered to issue a subpoena for any witness to require his or her attendance and the giving of testimony before the commission and to require the production of books, papers, and records in any proceeding be…

Any person affected by any rule or order made by the Arkansas Natural Resources Commission or action taken may obtain review of such an action pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.