Browse Arkansas Code titles and sections
14-208-103. Procedures and valuation formula.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-208-103. Procedures and valuation formula.
(a)(1)(A) If an agreement under § 14-208-102 cannot be reached, the municipality and the rural water service shall each select one (1) qualified appraiser, and the two (2) appraisers selected shall then select a third appraiser for the purpose of conducting appraisals to determine the value of customers, distribution properties, and facilities of the rural water service annexed by the municipality.
(B) The value of customers, distribution properties, and facilities of the rural water service annexed by the municipality shall be determined by using the factors set out in § 15-22-223(b)(2)(B).
(2) The agreement or decision of at least two (2) of the three (3) appraisers is the value.
(3) If either the municipality or the rural water service is dissatisfied with the decision of the appraisers, either may institute an action in circuit court to challenge the reasonableness of the value determined by the appraisers.
(b) The compensation required by this section shall be paid:
(1) To the rural water service at a time not later than one hundred twenty (120) days following the date upon which the value is certified;
(2) At a later date as mutually agreed upon by the parties; or
(3) As determined by the circuit court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-208-103
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:14-208-103
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b8697f67b50faa20e9a2553f7c6b9fd98d46de8a69cbfdc41918ea5fe5979ff0
Source location: content.xml paragraph 46548
Stored source content
14-208-103. Procedures and valuation formula.
(a)(1)(A) If an agreement under § 14-208-102 cannot be reached, the municipality and the rural water service shall each select one (1) qualified appraiser, and the two (2) appraisers selected shall then select a third appraiser for the purpose of conducting appraisals to determine the value of customers, distribution properties, and facilities of the rural water service annexed by the municipality.
(B) The value of customers, distribution properties, and facilities of the rural water service annexed by the municipality shall be determined by using the factors set out in § 15-22-223(b)(2)(B).
(2) The agreement or decision of at least two (2) of the three (3) appraisers is the value.
(3) If either the municipality or the rural water service is dissatisfied with the decision of the appraisers, either may institute an action in circuit court to challenge the reasonableness of the value determined by the appraisers.
(b) The compensation required by this section shall be paid:
(1) To the rural water service at a time not later than one hundred twenty (120) days following the date upon which the value is certified;
(2) At a later date as mutually agreed upon by the parties; or
(3) As determined by the circuit court.
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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. The source passage cites 14-208-102. 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.