(a) It shall be the duty of the Arkansas Natural Resources Commission to:
(1) Study, consider, and determine upon a sound public policy with regard to flood prevention, flood control, and flood protection;
(2) Compile figures and other information on current and previous flood damage and scientific data relative to the recurrence of floods such as rainfall, runoff, flowing channels, stream obstruction, existing facilities for storing surplus waters, and existing protection works; and
(3) Accredit persons having requisite knowledge in floodplain management and in minimization and prevention of flood hazards and losses.
(b) The commission shall have the power to:
(1) Clean out, widen, deepen, straighten, change, alter, divert, or eliminate in whole or in part the course or terminus of any natural or artificial water streams;
(2) Shape or protect stream banks for the improvement of hydraulic efficiency in the discharge of flood waters;
(3) Acquire lands necessary for reservoir dam sites and lines;
(4) Construct, take over, maintain, and operate dams, reservoirs, holding or impounding basins, flood gates, revetments, or any other works and improvements deemed necessary to prevent floods and to control, preserve, and regulate the flow of rivers and streams;
(5) Construct dikes, levees, or other artificial barriers to protect against inundation of property when deemed advisable by the commission; and
(6) As an incident to the foregoing, relocate or revise bridges, buildings, roads, streets, railroads, service lines and connections of public service utilities, and fences and do generally all things necessary for the fulfillment of the purposes of this subchapter.
(c) The commission shall have the power to acquire by donation, lease, purchase, or condemnation and to hold or own in the name of the state real and personal property, easements, and the public works erected and constructed under the authority of this subchapter except that:
(1) None of the work, improvements, or construction provided for in the preceding portion of this section or in any other portion of this subchapter shall be done, undertaken, or performed within the boundary limits of any levee or drainage district;
(2) This subchapter shall not confer upon the commission or other authority any jurisdiction, control, supervision, or authority whatsoever over the lands within the boundaries of any levee or drainage district now existing or hereafter organized; and
(3) Further, the commission shall not have any:
(A) Control, authority, or jurisdiction over any such levee or drainage district, nor over the directors or commissioners of any levee or drainage districts, nor lake lands within the boundaries of any levee or drainage district as aforesaid;
(B) Authority to affect the existence of any levee or drainage district in any manner; or
(C) Power to require reports from districts nor any supervision or control over them;
(4) (A) However, any levee or drainage district shall have the option upon the voluntary action of its governing board to make contracts with the commission and to make compacts and contracts with the United States Government or any of its agencies and may thereby voluntarily grant to the commission general or special powers as drainage or levee districts may deem proper.
(B) The grant shall be limited specifically to the matters and things voluntarily agreed upon by the governing board of the districts.
(C) In order to become effective, the contract with the state commission shall be approved by the county court or judge in vacation, if the district is in one (1) county, and by the circuit court of the county of domicile or the judge thereof in vacation, if in more than one (1) county, and recorded on the court records.
Section: 15-24-102 15-24-103 15-24-104 15-24-105 15-24-106 15-24-107 15-24-108 15-24-109 NextLast modified: November 15, 2016