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(a) Fees paid and penalties collected shall be deposited into the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including this subchapter, except that a portion of the fee may be retained by the conservation districts if a portion of the program has been delegated to conservation districts.
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(b) Fees or penalties collected shall be cash funds when received by the Treasurer of State and shall not be deposited into or deemed to be a part of the State Treasury for the purposes of:
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(1) Arkansas Constitution, Article 5, § 29;
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(2) Arkansas Constitution, Article 16, § 12;
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(3) Arkansas Constitution, Amendment 20; or
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(4) Any other constitutional or statutory provision.
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