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14-125-903. Results of referendum — Practicability and feasibility of continued operation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-903. Results of referendum — Practicability and feasibility of continued operation.
(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.
(b) If the commission shall determine that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition.
(c) If the commission shall determine that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the directors of the district.
(d) In making that determination the commission shall give due regard and weight to:
(1) The attitudes of the owners of lands lying within the district;
(2) The number of landowners eligible to vote in the referendum who shall have voted;
(3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast;
(4) The approximate wealth and income of the landowners of the district;
(5) The probable expense of carrying on erosion control operations within the district; and
(6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 — 14-125-104.
(e) However, the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-903
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:14-125-903
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1fb20b328c398509833e52388a470a87d37cf4d564e5679e15d6e5e0fa4c34fb
Source location: content.xml paragraph 34030
Stored source content
14-125-903. Results of referendum — Practicability and feasibility of continued operation.
(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.
(b) If the commission shall determine that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition.
(c) If the commission shall determine that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the directors of the district.
(d) In making that determination the commission shall give due regard and weight to:
(1) The attitudes of the owners of lands lying within the district;
(2) The number of landowners eligible to vote in the referendum who shall have voted;
(3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast;
(4) The approximate wealth and income of the landowners of the district;
(5) The probable expense of carrying on erosion control operations within the district; and
(6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 — 14-125-104.
(e) However, the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the district.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-102. Legislative determination — Soil condition.
It is declared, as a matter of legislative determination:
(1) That the farm and grazing lands of the State of Arkansas are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water and wind;
(3) That the breaking of natural grass, plant, and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion;
(4) That the topsoil is being washed and blown out of the fields and pastures;
(5) That there has been an accelerated washing of sloping fields;
(6) That these processes of erosion by water and wind speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil;
(7) That failure by any landowner to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-102
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 14-125-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-104. Legislative determination — Improvements.
It is declared, as a matter of legislative determination, that to control and prevent soil erosion, to prevent floodwater and sediment damages, and to further the conservation, development, and utilization of soil and water resources and the disposal of water, it is necessary:
(1) That land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water be adopted and carried out;
(2) That among the works of improvement and procedures needed are:
(A) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like;
(B) The utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing;
(C) Land drainage;
(D) Land irrigation;
(E) Seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses;
(F) Forestation and reforestation;
(G) Rotation of crops;
(H) Soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops;
(I) Retardation of run-off of increasing absorption of rainfall;
(J) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded;
(K) Fish and wildlife or recreational developments;
(L) The storage, transportation, and sale of water for irrigation, municipal or industrial water supply purposes; and
(M) Rural dome
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-104
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 14-125-104. This identifies an authority to review, not proof of applicability.