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Ark. Code Ann. § 15-22-904

Powers of the commission

Applied in 1 court decision — leading case Felton Oil Co., L.L.C. v. Gee (2004)

Most recently applied in Felton Oil Co., L.L.C. v. Gee (May 2004)

Acts 1991, No. 154, § 11; 1991, No. 342, § 11; 2019, No. 315, §§ 1139-1141.

The Arkansas Natural Resources Commission shall have all powers necessary to effectuate this subchapter, including the power to:

(1) Promulgate rules for groundwater classification and aquifer use, well spacing, issuance of groundwater rights within critical groundwater areas, and assessment of fees;

(2) Issue subpoenas for any witness to require attendance and testimony and production of relevant books, papers, or other records in any proceeding before the commission;

(3) Administer an oath to any witness in any hearing, investigation, or proceeding before the commission;

(4) At reasonable times, enter upon property for purposes of conducting investigations, studies, or enforcing this subchapter;

(5) Reduce or suspend notice and hearing requirements under this subchapter in times of an emergency;

(6) Issue orders to implement or enforce any of the provisions of this subchapter or regulations or rules under this subchapter;

(7) Delegate any and all powers under this subchapter to the Director of the Arkansas Natural Resources Commission or his or her designee;

(8) Delegate any powers under this subchapter to districts within a critical groundwater area;

(9) Provide technical assistance and establish guidelines which shall be followed by districts which have been granted powers under this subchapter;

(10) Resolve disputes between, approve rules of, and hear appeals from decisions of districts to which the commission has delegated powers; and

(11) Provide cost share assistance from the Arkansas Water Development Fund not to exceed forty percent (40%) to persons for the installation of approved water conservation and development practices.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.