Browse Arkansas Code titles and sections
14-208-102. Right to acquire rural water service properties, facilities, and customers — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-208-102. Right to acquire rural water service properties, facilities, and customers — Definition.
(a)(1)(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas.
(B) As used in this subdivision (a)(1), “continue operations” means to continue setting meters, reading meters, and supplying water.
(C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to:
(i) Conduct inspections of the water system within the municipality;
(ii) Issue and regulate permits for the water system within the municipality; and
(iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service. (2)(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipme
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-208-102
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-208-102
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 417f97f3b09631a804537131f681cd88daf7d3e5616041a23a0dba1c0fd7fa02
Source location: content.xml paragraph 46518
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14-208-102. Right to acquire rural water service properties, facilities, and customers — Definition.
(a)(1)(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas.
(B) As used in this subdivision (a)(1), “continue operations” means to continue setting meters, reading meters, and supplying water.
(C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to:
(i) Conduct inspections of the water system within the municipality;
(ii) Issue and regulate permits for the water system within the municipality; and
(iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service. (2)(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipment or facilities for the supplying of water service to the annexed areas without complying with this chapter.
(B) The affected rural water service is entitled to injunctive relief for any violation of this chapter.
(b)(1) The municipality shall give written notice to the rural water service prior to the municipality's acquiring from the rural water service all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas.
(2) The municipality and the rural water service shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the rural water service an agreement to serve the annexed area or portions of the annexed area.
(3)(A) Before an acquisition under this chapter by the municipality occurs, the municipality shall receive approval from the Arkansas Natural Resources Commission that the action complies with the Arkansas Water Plan under § 15-22-503.
(B) The commission shall:
(i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal;
(ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or
(iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied.
(c) An agreement reached under this chapter shall comply with § 15-22-223.
(d) This chapter shall not limit applicable federal law, including without limitation 7 U.S.C. § 1926(b) [repealed].
(e) If a municipality that owns or operates a water service has an area within its corporate limits that is served by another municipality's water service, the municipality may elect to purchase from the other municipality's water service all customers, distribution properties, and facilities located within the municipality using the procedures under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall make or insure no loan under sections 1922, 1923, 1924, 1934, and 1935 of this title that would cause the unpaid indebtedness under such sections of any one borrower to exceed the smaller of (1) the value of the farm or other security, or (2) in the case of a loan other than a loan guaranteed by the Secretary, $600,000, or, in the case of a loan guaranteed by the Secretary, $1,750,000 (increased, beginning with fiscal year 2019, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the amount of any unpaid indebtedness of the borrower on loans under subchapter II that are guaranteed by the Secretary).
**(b) Determination of value** In determining the value of the farm, the Secretary shall consider appraisals made by competent appraisers under rules established by the Secretary.
**(c) Inflation percentage** For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which—
(1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department of Agriculture) for the 12-month period ending on July 31 of the immediately preceding fiscal year; exceeds
(2) the average of such index (as so defined) for the 12-month period that immediately precedes the 12-month period described in paragraph (1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1926
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 1926. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1063
TITLE 7—AGRICULTURE
§ 1926
amendment relates, see section 1101(b)(3) of Pub. L.
102–237, set out as a note under section 1421 of this title.
§ 1925. Limitations on amount of farm ownership
loans
(a) In general
The Secretary shall make or insure no loan
under sections 1922, 1923, 1924, 1934, and 1935 of
this title that would cause the unpaid indebted-
ness under such sections of any one borrower to
exceed the smaller of (1) the value of the farm or
other security, or (2) in the case of a loan other
than a loan guaranteed by the Secretary,
$600,000, or, in the case of a loan guaranteed by
the Secretary, $1,750,000 (increased, beginning
with fiscal year 2019, by the inflation percentage
applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any
unpaid indebtedness of the borrower on loans
under subchapter II that are guaranteed by the
Secretary).
(b) Determination of value
In determining the value of the farm, the Sec-
retary shall consider appraisals made by com-
petent appraisers under rules established by the
Secretary.
(c) Inflation percentage
For purposes of this section, the inflation per-
centage applicable to a fiscal year is the per-
centage (if any) by which—
(1) the average of the Prices Paid By Farm-
ers Index (as compiled by the National Agri-
cultural Statistics Service of the Department
of Agriculture) for the 12-month period ending
on July 31 of the immediately preceding fiscal
year; exceeds
(2) the average of such index (as so defined)
for the 12-month period that immediately pre-
cedes the 12-month period described in para-
graph (1).
(Pub. L. 87–128, title III, § 305, Aug. 8, 1961, 75
Stat. 308; Pub. L. 91–620, § 1, Dec. 31, 1970, 84 Stat.
1862; Pub. L. 92–419, title I, § 103, A
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1926
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 1926. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-223. Protection of service areas.
(a) It is unlawful for a person to provide water or wastewater services to an area where such services are being provided by the current provider that has pledged or utilizes revenue derived from services within the area to repay financial assistance provided by the Arkansas Natural Resources Commission, unless approval for such activity has been given by the commission and the new provider has received approval under the Arkansas Water Plan established in § 15-22-503, if applicable.
(b)(1) As a condition of its approval, the commission may require the payment of an equitable portion of the outstanding financial assistance provided.
(2)(A) Any payment made shall reduce the outstanding balance of the financial assistance provided by the commission to the current provider.
(B) To determine the amount of payment, the commission shall base its approval on the following factors:
(i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt;
(ii) The value, including depreciation, of the current provider's facilities in the area to be transferred;
(iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred;
(iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area;
(v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only unti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-223
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 15-22-223. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-503. Arkansas Water Plan.
(a) Under such rules as it may adopt, the Arkansas Natural Resources Commission is charged with the duty of preparing, developing, formulating, and engaging in a comprehensive program for the orderly development and management of the state's water and related land resources, to be referred to as the “Arkansas Water Plan”.
(b) The Arkansas Natural Resources Commission shall be governed in its preparation of the plan by a regard for the public interest of the entire state. It shall direct its efforts to protect the water resources of the state, including boundary waters, against unwarranted encroachments by other states and the United States upon its sovereignty with respect thereto. Any attempt to transport or export any of such waters against the best interests of the State of Arkansas and its inhabitants shall be strongly opposed.
(c) The plan shall give due consideration to existing water rights of the state and its inhabitants and shall take into account modes and procedures for the equitable adjustment of individual water rights affected by the implementation of the plan. The plan shall be the state policy for the development of water and related land resources in this state and, from time to time, shall be altered, amended, or repealed to the extent necessary for the proper administration of the state's water resources.
(d) All state agencies, commissions, and political subdivisions shall take the plan into consideration in all matters pertaining to the discharge of their respective duties and responsibilities as they may affect the comprehensive plan, but nothing in the plan shall be construed as to impair any water right existing under the laws of this state.
(e)(1) No political subdivision or agency of the state shall sp
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-503
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 15-22-503. This identifies an authority to review, not proof of applicability.