BYLAWS
OF
SALINE WATERSHED REGIONAL WATER
DISTRIBUTION DISTRICT
A NON-PROFIT ORGANIZATION
ARTICLE I
COMPLIANCE.
These Bylaws are intended to comply with
provisions of “The Regional Water Distribution District Act.” (Ark
Code. Sections 14-116-101 – 14-116-408.) To the extent that they
conflict with the Act, they are ineffective.
ARTICLE II
REVENUES.
The Saline Watershed Regional Water
Distribution District is a non-profit organization. All revenues of the
District shall be used to finance the construction, re-construction,
maintenance and operation of the District.
ARTICLE III
OBJECTIVES AND PURPOSES.
The objectives and purposes of the Water
District are:
(1) The
acquisition of water from wells, lakes, rivers, tributaries, or streams
of or bordering this state of from existing reservoirs heretofore
created by the construction of dams by or under the direction and
supervision of the United States Army Corps of Engineers.
(2) Acquisition
of water, water storage facilities, and the storage of the water in
reservoirs created by the construction of multipurpose dams by of under
the direction and supervision of the United States Army Corps of
Engineers, or by the water district with federal financial or other
assistance furnished by the United States Secretary of Agriculture under
the provisions of the Water-shed Protection and Flood Prevention Act or
any other federal law.
(3) The
purification, treatment and processing of the water.
(4) The
furnishing of water to entities desiring it.
(5) To
assist in the installation and operation of water transportation
facilities of entities that are furnished water by the Water District
and the acquisition, supply, or installation of equipment necessary
therefor;
(6) The
transportation and delivery of the water to entities furnished water by
the water District.
ARTICLE IV
DISTRICT AREA.
The Saline Watershed Regional Water Distribution District shall
encompass the areas designated on the map attached to the organizing
Petition filed with the Saline County Circuit Court.
ARTICLE V
DISTRICT PURPOSES.
All objectives, purposes and powers
granted the District by the Regional Water Distribution District Act
shall be executed by the District’s Board of Directors. The board shall
have the right, power and authority to employ attorneys, agents and
personnel as it may deem necessary and to fix their compensation.
ARTICLE VI
DISTRICT POWERS.
(a) The District shall have power to:
(1) Sue and be sued and
complain and defend in the district’s name;
(2) Adopt a seal which may be
altered at pleasure to use it, or facsimile thereof, as required by law;
(3)(A) Acquire
absolute title to and use for any purpose and at any place
water
stored in any reservoir or other water source created by the
construction of a multipurpose dam by or under the direction and
supervision
of the United States Army Corps of Engineers, or by the
water
district with federal financial or other assistance furnished by
the United
States Secretary of Agriculture under the provisions of the
Watershed
Protection and Flood Prevention Act, as amended, or with
financing
provided by any federal, state, or other source;
(B) Acquire water storage and withdrawal
rights in any reservoir or other
water source created by the
construction of a multipurpose dam by or
under the direction and
supervision of the United States Army Corps of
Engineers, or by the water
district with federal financial or other
assistance furnished by the United
States Secretary of Agriculture under
the provisions of the Watershed
Protection and Flood Prevention Act,
as amended, or with financing
provided by any federal, state or other
source;
(C) Transport, distribute, sell, furnish
and dispose of the water from what-
ever source derived to any person
at any place;
(D) Construct, erect, purchase, lease as
lessee and in any manner acquire, own, hold, maintain, operate, sell,
dispose of, lease as lessor, exchange, and mortgage real property,
personal property, easements, interest in real property, plants,
buildings, works, machinery, supplies, equipment, apparatus, facilities,
property rights, and transportation and distribution lines, facilities,
equipment, or systems necessary, convenient, or useful;
(E)(i) Regulate,
define, and control the rate and location of any withdrawal
or
transfer of water which is owned, acquired, or developed by the
water
district in natural or manmade channels;
(ii)
Provide, that riparian owners of natural
watercourses are not obligated to pay for their historical riparian use
from such natural water courses;
(F)(i)
Authorize persons to enter for any purpose water which has been or
is
being transported or is held by the water district, but only if the
water
district has acquired absolute title to land under the water or
has
obtained permission of the owner of the land under the water;
(ii)
Provide, this provision shall not limit
a district’s authority to enter
on lands for inspection or other
purposes consistent with the pur-
poses of this chapter;
(4) Assist
its customers in the preparation of their premises for the use of
water furnished by the water
district and install upon the premises fixtures,
machinery, supplies, apparatus,
and equipment of any kinds and character
and to receive, acquire, endorse,
pledge, hypothecate, and dispose of
notes, bonds, and other evidence
of indebtedness;
(5) Acquire, own, hold, use, exercise,
and to the extent permit by law, to sell,
mortgage, pledge, hypothecate, and
in the manner dispose of franchises,
rights, privileges, license,
right-of-way, and easements necessary, useful, or
appropriate;
(6) Purchase,
receive, lease as lessee, or in any other manner acquire, own,
hold, maintain, sell, exchange,
and use any and all real and personal pro-
perty, or any interest therein;
(7)(A) Borrow money and otherwise
contract indebtedness, to issue its
obligations thereof, and to
secure the payment thereof by mortgage,
pledge, or deed of trust of
all or any part of its property, assets,
franchises, rights,
privileges, licenses, right-of-way, easements,
revenues, or income;
(B) The obligations may be in the form
of negotiable bonds but may be
registered as public obligations
under the Registered Public Obligations
Act of Arkansas 19-9-401 et seq.,
may be issued in one (1) or more
series, may bear such date or
dates, may mature at such times, not
exceeding forty (40) years from
their respective dates, may bear interest
at rate or rates, may be in such
form, may be executed in such manner,
maybe payable in such medium of
payment, may be payable at such
place or places, within or without
the State of Arkansas, may be subject
to such terms of redemption, and
may contain such terms, covenants,
and conditions as the resolution
of the board authorizing the bonds may
provide.
(C) The resolution of the board
authorizing the bonds may provide for the
execution by the water district of
a trust indenture with a bank or trust
company, within or without the
State of Arkansas, which defines the
rights of the holders and
registered owners of the bonds and provides for
the appointment of a trustee for
the holders and registered owners of the
bonds.
(D) The trust indenture may control the
priority between sucessive issues
and may contain such other terms,
covenants, and conditions that are
deemed desirable including,
without limitation, those pertaining to the
custody and application of the
proceeds of the bonds, the collection and
disposition of revenues, the
maintenance and investment of various funds
and reserves, the nature and
extent of the security, the rights and duties
of the water district and the
trustee for the holders or registered owners
of the bonds, and the rights of
the holders or registered owners of the
bonds.
(E) The
bonds may be sold at such price, including sale at a discount, and in
such manner as the board may
determine.
(F) All
bonds, weather previously or subsequently issued pursuant to the
provisions of this section, shall
be exempt from all state, county and
municipal taxes;
(8) Sell
and convey, mortgage, pledge, lease as lessor, and otherwise dispose
of all or any part of its
property, assets, franchises, rights, privileges,
licenses, right-of-way, and
easements;
(9)(A) In connection with the
acquisition, construction, improvement, oper
ation, or maintenance of its
transportation and distribution lines, systems,
equipment, facilities, or
apparatus, use the bed of any stream without
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 of Arkansas or any political
subdivision.
(B) However, this provision does not
entitle riparian users to receive water
owned, acquired, or developed by
the water district without paying the
district’s water user charges.
(10)(A) Have and exercise
the right of eminent domain for the purpose of acquir-
ing
right-of-way and other properties necessary in the construction or
operation of
its property and business in the manner now provided by
the
condemnation laws of this state for acquiring private property for
public use.
(B) However, this power shall not be
used by an irrigation water district for
the
acquisition or construction of private on-farm irrigation reservoirs or
natural
watercourses, and any surplus property obtained by an irrigation
water
district under this power shall be first offered to the person or
persons
owning the remaining property from which it was taken at the
price paid as
eminent domain damages before it may be sold to others;
(11) Accept gifts of grants of money,
services, franchises, rights, privileges,
license, right-of-way,
easements, or other property, real or personal;
(12) Make any and all contracts
necessary or convenient for the exercise of the
powers granted in this chapter;
(13)(A) Fix, regulate, and collect
rates, fees, rents, or other charges for water
and any other facilities,
supplies, equipment, or services furnished by
the district.
(B) Rates shall be just, reasonable, and
nondiscriminatory.
(C) If the district distributes water to
customers outside the district, the rates, fees, and other charges for
water and other facilities, supplies, equipment, or services furnished
to customers outside the district shall be calculated to pay the cost of
such distribution outside the district. No part of the cost of
distributing water or providing other services
outside the district shall be
borne by the members of the district, and there shall be no
increase in the cost to members in the district as a result of
furnishing water to consumers outside the district;
(14) Conduct its affairs within and
without the state;
(15) Elect, appoint, or employ officers,
agents, and employees of the water district and define their duties and
fix their compensation;
(16) Do and perform all acts and things
and have and exercise any and all
powers as may be necessary,
convenient, or appropriate to effectuate
the purposes for which the water
district is organized;
(17) Accept appropriations from the
state upon such terms and conditions
as may be imposed by law or
regulation to be used in the furtherance
of the purposes for which the
water district was created; and
(18) With notice, enter upon any land
within or outside the water district for
inspection purposes or other
purposes as are necessary, convenient,
and not consistent with the
purpose of this chapter.
(b) Notwithstanding
these powers, the district shall comply with all laws of
the State of Arkansas regarding
the acquisition, storage, transportation
distribution, treatment, or
disposal of water, including, without
limitation, laws related to
minimum stream flow, non-riparian water
use, ground water use, Arkansas
Water Plan compliance, and public
water supply.
(c)(1)(A) Notwithstanding
any other provision of law, no irrigation district shall
have the power to acquire title to or use
any water stored in any
reservoir
created by a dam constructed before July 1, 1995, or to
acquire
water storage or withdrawal rights in any such reservoir.
(B) Subdivision (c)(1)(A) of this
section shall not apply to United States Army Corps of Engineer projects
whose main purpose is navigation.
(2) Irrigation
districts may obtain water from wells, from excess surface water as
defined in 15-22-304(b), and from reservoirs constructed after July 1,
1995.
ARTICLE VII
DIRECTORS—TERMS.
The term of each director shall be six
(6) years.
The board of directors
shall be comprised of one member from each justice of the peace district
in Saline County, elected by the qualified voters in each such
district. In the event water is furnished to customers outside Saline
County, then representation on the board of directors shall also include
one member from each area of service outside Saline County, when that
area reaches the then current justice of the peace population
requirements. Each such additional board member shall be elected by the
qualified voters in the service area located outside Saline County.
Each director shall serve for a term of six (6) years and until his
successor is duly elected and qualified, except that the members of the
initial board shall be appointed by the Saline County Circuit Court for
terms of office that the Court deems necessary to properly provide for
staggered terms for the members of the board representing each area of
the district. The term of office of the directors shall expire on
December 31 of the year which constitutes the last year of the term of
each director.
ARTICLE VIII
DIRECTORS—NOMINATIONS
AND ELECTION.
Nominations for directors shall be upon
petitions signed by at least fifty (50) qualified electors residing in
the area of the District from which the director is to be elected. The
petition shall be filed with the Saline County Board of election
commissioners at least sixty (60) days prior to the general election.
Election of directors shall be held as part of the general election and
under the laws governing it. Any director shall be qualified to succeed
himself.
ARTICLE IX
DIRECTORS--VACANCY.
The board of directors shall fill any vacancy occurring on the board
prior to the expiration of the term of any director by electing a
substitute director to serve for the balance of the unexpired term.
ARTICLE X
DIRECTORS—OATH.
Each of the original directors and all directors elected thereafter
shall take the oath required by the Arkansas Constitution, Article 19 &
20, and shall also swear or affirm that he will not directly or
indirectly be interested in any contract made by the board. Any
director failing to take the oath within thirty (30) days after his
appointment or election shall be deemed to have declined the appointment
or election and his place shall be filled as other vacancies. All oaths
of directors shall be executed in writing and filed in the office of the
Circuit Clerk of Saline County, Arkansas.
ARTICLE XI
DIRECTORS—COMPENSATION.
The directors provided for, upon
majority vote of the board, may receive the sum of no more than twenty
five dollars ($25.00) each day as compensation for attending meetings of
the board or any of its committees. However, not more than two hundred
dollars ($200.00) shall be paid to any director for meetings held in any
one (1) calendar month, together with the director’s reasonable and
necessary expenses related thereto.
ARTICLE XII
OFFICERS. The officers
of the board of directors shall be elected by the board of
directors from their membership and shall be comprised of a
president, vice president and secretary-treasurer. The officers
of the board shall be elected to a one year term with the
election to be held at the annual meeting.
ARTICLE XIII
DIRECTORS—MEETINGS.
Regular meetings of the board of
directors shall be held quarterly in the office of the District on such
day as is selected by a majority vote of the board. Notice of the
meeting shall be mailed to each director at least five (5) days prior to
the date of the meeting. Special meetings may be held at any time upon
waiver of notice of such special meeting by all directors or may be
called by the president, or by any two (2) directors, at any time
provided that notice in writing, signed by the persons calling any
special meeting, shall be mailed to each director at least five (5) days
prior to the time fixed for a special meeting. A majority of the
directors shall constitute a quorum for the transaction of business. In
the absence of any of the duly elected officers of the District, a
quorum at any meeting may select a director to act as officer pro tem.
Each meeting of the board, weather regular or special, shall be open to
the public, with the exception of executive sessions all as provided for
under the Arkansas Freedom of Information Act.
ARTICLE XIV
DIRECTORS—POWERS AND DUTIES.
All objectives, purposes and powers
granted to the District by the Regional Water Distribution District Act
shall be executed by the District’s Board of Directors. The board shall
have the right, power and authority to employ attorneys, agents and
personnel, including a general manager, as it may deem necessary and to
fix their compensation.
ARTICLE XV
BIDDING REQUIREMENTS.
The purchasing and bidding procedures of
the District and its agents shall be the same as those proscribed by
Arkansas law that are applicable to purchasing and bidding of counties.
ARTICLE XVI
RECORDS AND MAPS.
All records and maps of the District
shall be kept at the District office in Saline County, Arkansas.
ARTICLE XVII
FINANCIAL RECORDS.
All District funds shall be deposited in
an institution insured by the United States government. All records
shall be kept in accordance with accepted accounting practices. All
District employees, including officers and directors, that are
responsible for the management, handling and disbursement of District
funds shall be bonded in a reasonably appropriate amount. An
independent annual audit of the District’s records shall be conducted by
an independent auditing firm selected by the board of directors.
ARTICLE XVIII
EQUAL OPPORTUNITY EMPLOYER.
The Saline Watershed Regional Water
Distribution District shall be an equal opportunity employer and shall
comply with all state and federal laws applicable thereto.
ARTICLE XIX
AMENDMENTS.
These bylaws may be amended, repealed or
altered in whole or in part, by a majority vote at any regular or
special meeting of the board of directors, provided that a copy of the
proposed amendments to be considered at such meeting shall be mailed to
the membership of the board at least five (5) days prior to the date of
such meeting, together with an indication that such amendments shall be
proposed at such meeting.
ARTICLE XX
MANAGER—EMPLOYEES.
The board shall determine the salaries
of the general manager and all other employees of the District and shall
establish a job description and classification. The general manager
shall have authority and responsibility for the hiring, termination and
promoting of all employees. Any employee who has been the subject of
any personnel decision of the general manager shall have the right of
appeal the general managers decision to the board of directors. The
manager shall comply with and abide by all state and federal laws
regarding the hiring, working and termination of employees of the
district.
ARTICLE XXI
MANAGER EXPENDITURES.
The general manager shall have the
authority to expend District funds, in a predetermined amount set by the
board of directors, in the normal operation of the district. Any
expenditure over such predetermined amount shall require approval of the
board of directors.
ARTIVLE XXII
DIRECTOR--VOTING.
In the voting of the board of directors
each director shall have one vote and a tie shall mean the subject
fails.
ARTICLE XXIII
MEMBERSHIP MEETINGS.
Annual meetings of the membership shall
be held in the office of the District during the first quarter of the
year with the date being determined by the board of directors. Notice
of the meeting shall be mailed to each District member at least five (5)
days prior to the date of the meeting. Special meetings may be held at
any time upon wavier of notice of such special meeting by all District
members or may be called by the president, or by two (2) directors, or
any five (5) District members at any time provided that notice in
writing, signed by the persons calling any special meeting, shall be
mailed to each District member at least five (5) days prior to the time
fixed for a special meeting. A majority of the District members shall
constitute a quorum for the transaction of business. A majority of the
District members may elect a president and a secretary to conduct the
meeting of the District members. Each meeting of the District members,
whether regular or special, shall be open to the public, with the
exception of executive sessions all as provided for under the Arkansas
Freedom of Information Act.
ADOPTED this _________ day of
_________________, 2004.
_________________________________
Roger Moren,
President
_________________________________
Bobby L. Westbrook, Secretary-Treasurer
AMENDMENT TO THE BYLAWS
OF
SALINE WATERSHED REGIONAL WATER
DISTRIBUTION DISTRICT
A NON-PROFIT ORGANIZATION
ARTICLE 12
is hereby amended to read as follows:
ARTICLE XII
OFFICERS.
The officers of the board of directors
shall be elected by the board of directors from their membership and
shall be comprised of a president, vice president and
secretary-treasurer. The officers of the board shall be elected to a
one (1) year term with the election to be held at the first regular
meeting during the first quarter of the year.
ARTICLE XXIII
is hereby deleted from the bylaws.
ADOPTED
this _________ day of _________________, 2004.
_________________________________
Roger Moren, President
_________________________________
Bobby L. Westbrook, Secretary-Treasurer |
