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14-116-407. Contracts — Water district and United States.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-116-407. Contracts — Water district and United States.
The board is authorized to:
(1) Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the “United States”, in the development of plans for the construction, operation, and maintenance of any facilities which the water district is authorized to construct, operate, and maintain;
(2) Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States.
(A)(i) The contract or assurance may provide for the payment by the water district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water storage rental, or service charges.
(ii) “Construction charges” may include the cost of works of improvement for any project addressing the purposes contained in § 14-116-102 and ancillary benefits derived therefrom, including, but not limited to, fish and wildlife, prevention of seepage on irrigated lands, prevention of erosion and sediment damages, and the conservation, development, utilization, and disposal of water.
(B) The contract or assurance may provide for the repayment of the various charges by the water district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products, cash, or, if an improvement project area has been created under § 14-116-501 et seq., § 14-116-601 et seq., or § 14-116-701 et seq., with revenues derived from assessments levied pursuant thereto.
(C) The contra
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-116-407
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:14-116-407
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6e90b4833aa3c013b7f9212998b2cd58a76dbedb4b4d25dcb674a7310c993353
Source location: content.xml paragraph 27844
Stored source content
14-116-407. Contracts — Water district and United States.
The board is authorized to:
(1) Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the “United States”, in the development of plans for the construction, operation, and maintenance of any facilities which the water district is authorized to construct, operate, and maintain;
(2) Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States.
(A)(i) The contract or assurance may provide for the payment by the water district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water storage rental, or service charges.
(ii) “Construction charges” may include the cost of works of improvement for any project addressing the purposes contained in § 14-116-102 and ancillary benefits derived therefrom, including, but not limited to, fish and wildlife, prevention of seepage on irrigated lands, prevention of erosion and sediment damages, and the conservation, development, utilization, and disposal of water.
(B) The contract or assurance may provide for the repayment of the various charges by the water district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products, cash, or, if an improvement project area has been created under § 14-116-501 et seq., § 14-116-601 et seq., or § 14-116-701 et seq., with revenues derived from assessments levied pursuant thereto.
(C) The contract or assurance may provide that the water district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district.
(D) The contract or assurance may provide that the water district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-116-102. Purpose.
Public nonprofit regional water distribution districts may be organized under this chapter for any one (1) or more of the following purposes:
(1) Acquisition of water from wells, lakes, rivers, tributaries, or streams of or bordering this state or from existing reservoirs heretofore created by the construction of dams by or under the direction and supervision of the United States Army Corps of Engineers;
(2) Acquisition of water, water storage facilities, and the storage of the water in reservoirs created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers, or by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law;
(3) Purification, treatment, and processing of the water;
(4) Furnishing the water to persons desiring it;
(5) Assisting in the installation and operation of the water and transportation facilities of persons who are furnished water by the water district and the acquisition, supply, or installation of equipment necessary therefor;
(6) Transportation and delivery of the water to persons furnished it by the water district;
(7) In the case of a district in existence on January 1, 2001, other than a district the lands within which are subject to assessment under § 14-116-601 et seq., owning, acquiring, operating, constructing, equipping, improving, expanding, contracting, concerning, and otherwise dealing in and with regard to properties, real, personal, or mixed, tangible and intangible, for the purpose of the collecting, transporting, treating, and disposing of sewage and liquid waste, ind
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-116-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-116-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-116-501. Proposed improvement plan for assessment-based water district projects.
(a)(1) Upon the securing of a petition described in subsection (b) of this section, a water district may develop an improvement project plan for any purpose contained in § 14-116-102 that would benefit the lands within the district.
(2) All such improvement plans for improvement project areas shall be appropriately identified by a number or a name selected by the district.
(3) The district may employ an independent engineer or seek the assistance of federal or state agencies in developing the plan.
(4) The plan must include a preliminary survey and a report and should include the following as a minimum:
(A)(i) The territory which will be benefited by the proposed improvement.
(ii) The territory need not consist of contiguous parcels of land;
(B) The general character of the improvements;
(C) An estimate, in reasonable detail, of the expenses involved;
(D) The proposed works of improvement and their proposed locations as can be estimated;
(E) The general nature, purposes, utility, and need of the proposed improvements and their feasibility;
(F) An estimate, to the extent it is known, of the method of financing for works of improvement;
(G) The amount, if any, proposed to be assessed generally against the benefited lands;
(H) Whether, and if so, to what extent, any lands, lakes, or natural watercourses, rivers, tributaries, or streams within the project improvement area are likely to be damaged by or as a result of the acquisition or construction of improvements constituting part of the plan of improvement; and
(I) The plan for compensating landowners for damages, if any.
(b) Upon the securing of a petition by a majority of the owners of the benefited lands an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-116-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-116-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-116-601. Assessment of benefits and damages.
(a) After the court issues an order approving the improvement plan, the assessor shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the improvement plan.
(b)(1) Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies.
(2) The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits.
(c) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax and all related costs and expenses with penalties shall have been paid.
(d)(1) A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan.
(2) The assessor shall cause to be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-116-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-116-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-116-701. Authority to borrow money or issue bonds, etc.
The board may borrow money at a rate of interest from any agency of the United States, the state, or any other public or private lending source; may issue promissory notes, negotiable bonds, or other evidences of indebtedness as required by the lender thereof; and may pledge and assign all assessments and revenues relating to the improvement project area for the repayment thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-116-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-116-701. This identifies an authority to review, not proof of applicability.