§ 15-20-1314 — Additional powers of the Arkansas Natural Resources Commission

Arkansas § 15-20-1314

• Jurisdiction: Arkansas
• Title: 15

Text

(a) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission may take appropriate action to carry out the purposes of this subchapter, including the power to: (1) Develop projects; (2) Operate and maintain projects; (3) Acquire absolute title to and use for any purpose and at any place, water stored in any reservoir or other impoundment; (4) Acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place; (5) Purify, treat, and process water; (6) Assist local entities in the preparation of their premises for the use of water furnished by the Arkansas Natural Resources Commission and to construct upon their premises project properties of any kind and in connection therewith to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness; (7) Use the bed of any watercourse without adversely affecting existing riparian rights, any highway or any right-of-way, easement, or other similar property rights, or any tax-forfeited land owned or held by the state or by any political subdivision of the state; (8) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for payment of project costs in order for the local entity receiving the funds to develop a project; (9) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds for payment of project costs in order for the local entity receiving the funds to develop a project and to enter into note and bond purchase agreements in connection therewith; (10) Appropriate amounts from bond proceeds to satisfy state matching requirements for federal grants, subsidies, and revolving loan funds established by the United States Congress for the purpose of facilitating water, waste disposal, pollution control, abatement and prevention, drainage, irrigation, flood control, and wetlands and aquatic resources projects; (11) Appropriate amounts from bond proceeds for the matching of moneys provided pursuant to other laws, including without limitation, § 15-22-501 et seq., the Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq., The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq., § 15-22-1101 et seq., and § 15-5-901 et seq.; (12) Construct or cause to be constructed, lease as lessee, lease as lessor, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, exchange, mortgage, or lend with respect to all or any part of any project; (13) Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation of the purposes set forth in this subchapter; (14) Sell and convey, mortgage, pledge, lease as lessor, enter into lease-purchase agreements with respect to, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including without limitation franchises, rights, privileges, licenses, rights-of-way, and easements; (15) Have and exercise the right of eminent domain for the purpose of acquiring the fee title, an easement, a right-of-way, or any other interest or estate in lands for projects or portions of projects by the procedure now provided for condemnation by municipal corporations, § 18-15-401 et seq.; (16) Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real or personal or mixed; (17) Make any contract necessary or convenient for the exercise of the powers or implementation of the purposes of this subchapter; (18) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter, for performing accounting and loan servicing duties relating to such loans and for the use of any properties or services furnished by the Arkansas Natural Resources Commission, and with respect thereto, the Arkansas Natural Resources Commission shall not be subject to the jurisdiction or control of the Arkansas Public Service Commission; (19) Require audits of all accounts related to construction, operation, or maintenance of any project funded by this subchapter; (20) Take reasonable actions necessary to ensure that debt service requirements are met; (21) Refinance loans made by the Arkansas Natural Resources Commission from whatever source to local entities in order to develop a project; (22) Provide loans from bond proceeds or project revenues to local entities to refinance indebtedness of the local entity incurred to develop a project; (23) Procure insurance, letters of credit, or other credit enhancement for the bonds; (24) Administer the Water, Waste Disposal, and Pollution Abatement Facilities Development Program; (25) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds to refinance indebtedness incurred by a local entity to develop a project; and (26) Take any other action appropriate to accomplish the purposes of this subchapter. (b) The Arkansas Natural Resources Commission may accomplish the purposes of this subchapter through the delegation of any administrative functions to the Department of Agriculture.

Legislative History

Amended by Act 2019, No. 910,§ 75, eff. 7/1/2019. Acts 2007, No. 631, § 1.