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ARK. SOIL & WATER CONSERVATION COMMISSION v. CITY OF BENTONVILLE

No. 02-658.

92 S.W.3d 47 (2002)

351 Ark. 289

ARKANSAS SOIL AND WATER CONSERVATION COMMISSION, Appellant, v. CITY of BENTONVILLE, Appellee. City of Centerton, Intervenor.

Supreme Court of Arkansas.

December 12, 2002.

Attorney(s) appearing for the Case

Mark Pryor, Att'y Gen., by: Edward C. Swaim, Ass't Att'y Gen., and Warren T. Readnour, Ass't Att'y Gen., Little Rock, for appellant.

Camille Steadman Thompson, Staff Att'y, Bentonville, for appellee City of Bentonville.

Howard L. Slinkard, P.A., by: Howard L. Slinkard and Pat Moran, Rogers, for intervenor City of Centerton.

ANNABELLE CLINTON IMBER, Justice.

This case arises from a decision by the Arkansas Soil and Water Conservation Commission (ASWCC) to approve a water project submitted by the City of Centerton that included a portion of the City of Bentonville's five-mile extraterritorial planning area. ASWCC argues on appeal that it acted within its statutory authority in approving Centerton's water project. We agree and uphold ASWCC's decision. Accordingly, we reverse the circuit...

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