Ark. Code Ann. § 14-116-107 (2020)
Applicability of Regional Water Distribution District Act
The provisions of § 14-116-101 et seq., the Regional Water Distribution District Act, as now or hereafter amended, shall not be applicable to agencies of the State of Arkansas or of political subdivisions of the state, nor to lands owned by such agencies.
History. Acts 1995, No. 838, § 10.
Case Notes
Municipalities.
This section does not mean that municipalities may not be contained within regional water districts; instead, it merely provides that the state and its political subdivisions do not have to seek formation of a regional water district in order to furnish water to their respective citizens. City of Fort Smith v. River Valley Reg'l Water Dist., 344 Ark. 57, 37 S.W.3d 631 (2001).
Cited: Ark. Soil & Water Conservation Comm'n v. City of Bentonville, 351 Ark. 289, 92 S.W.3d 47 (2002).
Subchapter 2 — Establishment of Water Districts
Preambles. Acts 1957, No. 114, contained a preamble which read:
“Whereas, the United States under and by virtue of several acts of Congress has authorized, and may by similar acts authorize, the Corps of Engineers of the Department of the Army and/or the Chief of Engineers of the United States Army to discuss plans and to execute projects for the construction of multipurpose reservoirs for the purpose of flood control and water supply on rivers and tributaries of/or bordering on this State: and,
“Whereas, the Congress of the United States has announced a policy in adopting and authorizing such projects that no federal funds can be expended to provide water storage capacity for industrial, municipal and agricultural water supply purposes in said reservoirs until some authorized local agency shall execute to the United States a contract of assurance that such local interest will, (a) make use of said water supply and (b) pay such additional costs of said reservoir as may be allocated to water supply; and,
“Whereas, no work can be done on some of the projects which have been adopted and authorized by the Congress of the United States, and no projects hereafter authorized by Congress, for the reason that there is no law in this State under which an individual water district can conveniently be organized over the large area required; and,
“Whereas, in instances now existing and which will exist in the future, the State and counties in the affected area to be benefited by said improvements have been deprived, and will continue to be deprived, of receiving and participating in said water supply to be realized from said projects, and that it is to the interest of the State that some provision be made for the organization and creation of such water districts, with full power and authority to give such assurances to the United States, and with full power and authority to comply with the terms and provisions of said acts of Congress, to acquire title to and use of water stored in said reservoirs and to sell and distribute same for the use and benefit of the people of the State of Arkansas; Now Therefore ….”
Effective Dates. Acts 1957, No. 114, § 17: approved Feb. 28, 1957. Emergency clause provided: “It is hereby ascertained by the General Assembly of the State of Arkansas that there are no present laws concerning the organization, formation and operation of public, nonprofit regional water distribution districts to make use of a water supply available, and to be available, in multipurpose reservoirs constructed by, or under the supervision of, the Corps of Engineers of the Department of the Army on rivers and tributaries of/or bordering on this State, and to pay such additional costs of said reservoirs as may be allocated to water supply. And it is further ascertained that no work can be done on some of the projects which have been adopted and authorized by the Congress of the United States, or which may hereafter be authorized by Congress, for the reason that there are no laws in this State under which nonprofit regional water distribution districts can conveniently be organized over a large area required, and that the State will lose the profit of such projects unless this Act is passed and becomes effective immediately. It is therefore declared that this Act is necessary for the immediate preservation of the public peace, health and safety and an emergency is declared to exist, and this Act shall take effect and be in full force from and after its passage.”