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15-22-219. Fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-219. Fees.
(a)(1) Any person applying for a permit and having plans and specifications examined under § 15-22-211, in consideration therefor, shall pay to the Arkansas Natural Resources Commission an initial dam permit application review fee equal to one percent (1%) of the estimated cost of construction for the dam, which in any case shall not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(2) The dam permit application review fee shall be assessed as an initial fee upon application for the dam permit or upon a major modification of a dam requiring the issuance of a revised permit.
(b)(1) Any person obtaining a permit under the provisions of § 15-22-210, in consideration therefor, shall pay to the commission a fee equal to twelve cents (12¢) per acre-foot of water which the dam involved is designed to impound, but not less than twenty-five dollars ($25.00) nor more than ten thousand dollars ($10,000).
(2) The permit shall provide that the same fee shall be paid by that person to the commission each year thereafter during which the dam is maintained, on or before the anniversary date of the issuance of the permit.
(c) The fees in subsections (a) and (b) of this section shall be deposited by the commission into the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-219
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:15-22-219
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a639ba72a76ea5ae29b52a178d8acd116cb9aa09b72e6ea4355847cce0b76ebc
Source location: content.xml paragraph 15105
Stored source content
15-22-219. Fees.
(a)(1) Any person applying for a permit and having plans and specifications examined under § 15-22-211, in consideration therefor, shall pay to the Arkansas Natural Resources Commission an initial dam permit application review fee equal to one percent (1%) of the estimated cost of construction for the dam, which in any case shall not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(2) The dam permit application review fee shall be assessed as an initial fee upon application for the dam permit or upon a major modification of a dam requiring the issuance of a revised permit.
(b)(1) Any person obtaining a permit under the provisions of § 15-22-210, in consideration therefor, shall pay to the commission a fee equal to twelve cents (12¢) per acre-foot of water which the dam involved is designed to impound, but not less than twenty-five dollars ($25.00) nor more than ten thousand dollars ($10,000).
(2) The permit shall provide that the same fee shall be paid by that person to the commission each year thereafter during which the dam is maintained, on or before the anniversary date of the issuance of the permit.
(c) The fees in subsections (a) and (b) of this section shall be deposited by the commission into the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-210. Permits required for dam construction — Conditions for issuance.
No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions:
(1) Any permit granted shall be on the condition that the dam constructed under it shall be:
(A) So constructed and operated that:
(i) There will be impounded only surplus surface waters thereby; and
(ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and
(B) Constructed in such manner and maintained in such condition as to:
(i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and
(ii) Adequately protect the lives and property of those persons downstream from the site of the dam;
(2)(A) Any representative of the commission shall have the right, at any time, to enter upon the land upon which the dam is built or is to be built to inspect work of construction thereof and the maintenance and operation of the dam after construction.
(B) If the commission determines that the dam is unsafe, it shall request in writing that the owner of the dam perform such repair as the commission deems necessary to assure the safety of the dam.
(C) If the owner fails to perform adequate repair within a reasonable period of time, as determined by the commission, the commission shall cause the dam to be repaired or breached or cause any o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-210
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 15-22-210. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-211. Permits — Application.
(a) The applicant for a dam construction permit shall file with the Arkansas Natural Resources Commission upon a form prescribed by the commission an application accompanied by plans and specifications for the construction and manner of operation and maintenance of the dam.
(b) The commission shall examine the plans and specifications of the dam and conduct other necessary investigations for the granting or denial of the permit, including inspection of the site of the proposed construction.
(c) The application for a dam construction permit shall be accompanied by the dam permit application review fee as specified in § 15-22-219.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-211
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 15-22-211. This identifies an authority to review, not proof of applicability.