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15-22-1206. Petition — Commission report.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-1206. Petition — Commission report.
(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) Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county.
(2) The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court.
(c) The report of the commission shall include, but need not be limited to:
(1) A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of “county” in § 15-22-1203(6);
(2) A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter;
(3) A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use;
(4) A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and
(5) Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board.
(d)(1) If the commission makes a finding that an existing plan i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-1206
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:15-22-1206
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fe9b5bb397355d16620e04c95b88da27d31b3c40af869975ad441464fa77d3e1
Source location: content.xml paragraph 16858
Stored source content
15-22-1206. Petition — Commission report.
(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) Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county.
(2) The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court.
(c) The report of the commission shall include, but need not be limited to:
(1) A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of “county” in § 15-22-1203(6);
(2) A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter;
(3) A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use;
(4) A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and
(5) Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board.
(d)(1) If the commission makes a finding that an existing plan is in place to preserve the actual groundwater use under subdivision (c)(3) of this section, then the petition shall be held in abeyance, and the commission shall continuously monitor the plan's progress.
(2) However, upon the petition of any twenty (20) persons alleging insufficient progress in the plan, the commission shall conduct a hearing in the county and examine the previous findings.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-1203. Definitions.
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 Aquifer;
(3) “Commission” means the Arkansas Natural Resources Commission;
(4) “Conservation fee” means any fee fixed pursuant to this subchapter and levied upon any registered water user or significant water user;
(5) “Construct” means to construct, equip, install, or to otherwise develop by any means selected by a board;
(6) “County” means any Arkansas county:
(A) In which at least ninety percent (90%) of the reported groundwater usage from the Sparta Aquifer is for municipal and industrial purposes as of July 1, 2005; and
(B) Which has been or is found and determined by the commission to be within a critical groundwater area prior to July 1, 2005, within the meaning of the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.;
(7) “Improvement plan” means a plan to carry out the construction and acquisition of water facilities or to provide for the conservation of aquifer water, or both;
(8) “Major water user” means any person that during any month of the year, averages withdrawal from the Sparta Aquifer of one million (1,000,000) or more gallons of aquifer water per day;
(9) “Person” means any natural person, firm, association, corporation, trust, partnership, governmental agency, state or political subdivision, county, municipality, or other legal entity;
(10)(A) “Registered water user” means any person that, whether as an owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a minimum poten
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-1203
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 15-22-1203. This identifies an authority to review, not proof of applicability.