§ 15-72-219 - Compensation of surface owners and surface tenants for damages -- Restoration of land.
               	 		
15-72-219.    Compensation of surface owners and surface tenants for damages -- Restoration of land.
    (a)  A  surface owner or surface tenant is entitled to reasonable compensation  where a spill of crude oil or produced water has occurred and has caused  damages to real property, growing crops, trees, shrubs, fences, roads,  structures, improvements, livestock, personal property or measurable  damage to the productive capacity of the soil.
(b)  In  addition to any compensation or damages paid by the operator under  subsection (a) of this section, the operator shall restore the damaged  land in accordance with all applicable rules and regulations of the:
      (1)  Arkansas Department of Environmental Quality; or
      (2)  Oil and Gas Commission.
(c)  Any rules or regulations adopted by the department or the commission pertaining to spills of crude oil or produced water shall:
      (1)  Provide,  as nearly as practicable, for remediation of any spill of crude oil or  produced water to the condition of the real property before the spill;  and
      (2)  Specify a reasonable time  frame for commencing and completing remediation of any spill of crude  oil or produced water to the condition of the real property before the  spill.
(d)  If the party responsible  for damage to real property caused by a spill of crude oil or produced  water fails to restore the real property in accordance with applicable  rules and regulations, then the surface owner or surface tenant may  bring an action for restoration or remediation:
      (1)  In  that action, if the surface owner or surface tenant proves by a  preponderance of the evidence that the party responsible for the damage  has failed to restore and remediate the real property, then the surface  owner or surface tenant is entitled to an order requiring restoration or  remediation to appropriate standards of the applicable agency; and
      (2)  In  addition to the relief provided in subdivision (d)(1) of this section,  the surface owner or surface tenant may be allowed a reasonable  attorney's fee together with costs associated with maintaining an action  for restoration or remediation.
(e)  This  section shall become effective on September 17, 2007, and will apply to  spills of crude oil and spills of produced water that occur after that  date.
(f)  Nothing contained in this  section is intended to limit or restrict the rights of any surface owner  or surface tenant to maintain a cause of action for any damage to real  property that is not addressed by the rules and regulations adopted by  the department or the commission pertaining to spills of crude oil or  produced water.
(g)  Nothing  contained in this section shall alter, affect, or modify the terms of  any oil or gas lease pertaining to restoration or remediation of damaged  real property that are more stringent than the provisions of this  section.
(h)  The provisions of this section are remedial in nature.