§ 4-35-103 — Definitions

As used in this chapter: (1) "Articles" means the articles of constitution or the articles of conversion and reconstitution of a water authority; (2) "Board" means the board of directors of a qualified corporation or a water authority; (3) "Bond" means any bond, promissory note, lease-purchase agreement, or other evidence of indebtedness issued, incurred, or entered into by a water authority; (4) "Commission" means the Arkansas Natural Resources Commission; (5) "Indenture" means a mortgage, indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement, or trust indenture executed by the water authority as security for any bonds; (6) (A) "Project" means any raw or potable water intake, treatment, distribution, transmission, storage, pumping, well site, well field, or other facility, or any combination of the foregoing, which has as its purpose the provision of raw or potable water to members of the general public and commercial, industrial, or other users along with any and all other appurtenances, equipment, betterments, or improvements related thereto. (B) (i) A project may include any lands or interest in land deemed by the board to be desirable in connection with the project and necessary equipment for the proper functioning and operation of the buildings or facilities involved. (ii) A project may include the construction, expansion, operation, or maintenance of a wastewater project or wastewater treatment plant; (7) (A) "Qualified corporation" means any nonprofit corporation originally formed pursuant to the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or a predecessor statute, which among other things provides, distributes, transmits, treats, pumps, or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users or which proposes to accomplish, develop, or construct any of the foregoing. (B) A qualified corporation includes a nonprofit corporation that constructs, expands, operates, or maintains a wastewater project or wastewater treatment plant; (8) "State" means the State of Arkansas; (9) "United States" means the United States of America or any of its agencies or instrumentalities; (10) "Wastewater project" means sewage collection systems and treatment plants, including, without limitation, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse; (11) "Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works: (A) That use chemical or biological processes for: (i) The treatment, stabilization, or disposal of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from wastewater; and (B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied; (12) "Water authority" means the public body politic and governmental entity organized pursuant to the provisions of this chapter; and (13) "Water users" means members of the public and commercial, industrial, and other users who purchase their raw or potable water directly from the water authority.

Legislative History

Acts 2003, No. 1330, § 3; 2005, No. 1653, § 1.