(a) A water authority is only required to obtain written approval for a proposed bylaw amendment from the Director of the Arkansas Natural Resources Commission if the proposed amendment changes any of the following:
(1) The number of directors;
(2) The procedure for nominating or electing directors; or
(3) The water authority’s service area.
(b) If the proposed amendment concerns a change to the water authority’s service area, the water authority must first apply for and obtain water plan approval pursuant to the Water Plan Compliance Review Procedures, 15 CAR pt. 22, before the Director of the Arkansas Natural Resources Commission will approve the amended bylaw.
(c) The Director of the Arkansas Natural Resources Commission will review the proposed amendment and will give the water authority written notice of the decision.
(d) If the Director of the Arkansas Natural Resources Commission disapproves the proposed amendment, the Director of the Arkansas Natural Resources Commission will issue the reason or reasons for his or her decision in writing.
(e) If the water authority submitted the proposed bylaw amendment to the Director of the Arkansas Natural Resources Commission for review before following its own internal procedures for amending bylaws, the water authority will need to provide documentation to the Director of the Arkansas Natural Resources Commission showing that the amended bylaw has been validly adopted before the authority will be deemed to have complied with Arkansas Code § 4-35-208.
(f) With the exception of a proposed amendment changing service area, the water authority may request a hearing regarding an unfavorable determination in accordance with the Rules of Organization and General Operation of the Arkansas Natural Resources Commission, 15 CAR pt. 1.