§ 17-50-101. Title
This chapter shall be known and cited as the “Arkansas Water Well Construction Act”.
§ 17-50-102. Purpose
(a) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells, it is imperative that the general health, safety, and welfare be protected by providing a means for the proper development of the natural resource of underground water in an orderly, sanitary, reasonable, and safe manner, without […]
§ 17-50-103. Definitions
As used in this chapter: (1) “Abandoned water well” means a well whose use has been permanently discontinued or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical; (2) “Apprentice” means a natural person who under the supervision of a registered pump installer or […]
§ 17-50-104. Violations
(a) It shall be unlawful and a violation of this chapter, unless exempted under the provisions of §§ 17-50-107(b) and 17-50-108(b), for: (1) Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certified by the Commission on Water Well Construction in the type […]
§ 17-50-105. Criminal penalties
(a) Any person who violates § 17-50-104 shall be guilty of a Class A misdemeanor. (b) Any person who violates any other provision of this chapter, rules issued under this chapter, or order pursuant to this chapter shall be guilty of a Class B misdemeanor. (c) Every day, or any part of a day, in […]
§ 17-50-106. Alternative civil penalties
(a) Whenever the Commission on Water Well Construction, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., finds that a person has violated the provisions of this chapter or any rules promulgated by the commission pursuant to the authority granted in this chapter, the commission shall have the […]
§ 17-50-107. Scope
(a) No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it. (b) The provisions of this chapter and rules adopted pursuant to it shall not be construed to repeal the provisions of […]
§ 17-50-108. Exemptions — Limitations
(a) Where the Commission on Water Well Construction finds that compliance with all requirements of this chapter would result in undue hardship, an exemption from any one (1) or more such requirements may be granted by the commission to the extent the exemption can be granted without impairing the intent and purpose of this chapter. […]
§ 17-50-109. Enforcement procedure
Whenever the Commission on Water Well Construction has reasonable grounds for believing that there has been a violation of this chapter or any rule adopted pursuant to this chapter, the commission may enforce compliance in the following manner: (1) The commission shall give written notice to the person or persons alleged to be in violation; […]
§ 17-50-110. Applicability of Arkansas Administrative Procedure Act
(a) Any and all proceedings taken under this chapter shall be subject to and conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise provided by the provisions of this chapter. (b) Any person aggrieved by any action of the commission pursuant to the authority granted in […]