Arkansas Code Title 14. Local Government § 14-120-701. Intent of provisions

(a) It is the express purpose and intent of this subchapter to require levee and drainage districts to keep their facilities in proper repair, whenever the districts shall have given assurances to the federal government that maintenance of a facility would be provided upon its completion.

(b) In imposing the duty upon levee and drainage districts, the General Assembly takes cognizance of the fact that many levee and drainage facilities in the State of Arkansas are constructed through the cooperation of the federal government and that adequate maintenance of these facilities in good faith is extremely important if the State of Arkansas is to continue to receive the benefit of future development of levee and drainage projects in this state by the federal government.

(c) The General Assembly also recognizes that a number of levee or drainage districts may be involved in an overall connecting levee or drainage project that results in mutual benefits to all districts in the affected area.

(d) If one (1) or more of these districts fails to provide adequate maintenance according to the assurance given the federal government, the lack of maintenance can jeopardize the entire project.

(e) Therefore, each district shall have the duty of maintaining its facility and shall not endanger the facilities of the other districts in the affected area.

(f) In addition, the General Assembly recognizes that the policies of Congress in planning future levee and drainage work in the State of Arkansas will be influenced by the adequacy with which levee and drainage districts in this state provide maintenance of existing facilities according to the terms of the assurances given the federal government.

(g) In order to encourage Congress to continue to make available funds for future development and improvement of levee and drainage projects in this state, the General Assembly recognizes that the State of Arkansas must take steps to see that the assurances given to the federal government by levee and drainage districts as authorized by the laws of this state shall be fulfilled. It is declared that the purpose of this subchapter is to require that maintenance shall be provided.