Sanders endorses bill on watershed moratoriums after lawmakers exempt Buffalo, Lake Maumelle

Gov. Sarah Huckabee Sanders signaled her support Thursday for a bill that would establish additional regulations for state agencies seeking to get or maintain permit moratoriums on certain farming operations in watersheds "and other bodies of water."

Sanders' endorsement of Senate Bill 290 by Sen. Blake Johnson, R-Corning, came shortly after a newly amended version of the bill advanced from the House Agriculture, Forestry and Economic Development Committee with no audible dissent. Rep. DeAnn Vaught, R-Horatio, presented the bill to the panel, flanked by three cabinet secretaries.

The latest version of the bill would preserve the state's two existing moratoriums -- on the Buffalo National River and Lake Maumelle watersheds -- while ensuring the Arkansas Legislature plays a role in the moratorium process.

In an emailed statement, Sanders said, "This revised bill is the result of our valuable partnership with Senator Johnson and Representative Vaught and achieves our goal of both protecting the Buffalo National River and supporting Arkansas farmers, whose success is critical to our state."

Vaught said in an interview after the committee meeting that they met with Sanders on Wednesday "for a good while" to discuss SB290. Previously, the governor had said that she "would not support legislation that doesn't protect the Buffalo National River," and numerous advocates had in previous weeks spoken passionately against versions of the bill that they said would damage the Buffalo National River and Lake Maumelle watersheds.

If the amended bill were to become law, it would go into effect Feb. 1, 2026.

The three secretaries who joined Vaught in speaking before the panel were Arkansas Energy and Environment Secretary Shane Khoury, Agriculture Secretary Wes Ward and Arkansas Department of Parks, Heritage and Tourism Secretary Shea Lewis.

Khoury told the panel all involved parties could agree upon three concepts: first, that agriculture is Arkansas' top industry; second, that tourism is a significant and growing economic driver for the state; and third, that the Buffalo National River is a "significant," extraordinary water resource that "does deserve heightened protection."

"I've always believed these things are not mutually exclusive, that we can do all the things we need to do at the same time and we can recognize the significance of agriculture," Khoury said. "We can encourage tourism, and we can protect the Buffalo all at the same time. In fact, I think we've been doing that for the past 10 years. This amendment allows us (to) continue to do all of these things."

Under the amended bill, the existing protections for the Buffalo National River and Lake Maumelle watersheds would be preserved, he said. Those moratoriums restrict large farming operations that could negatively affect water quality.

[LEGISLATIVE CALENDAR: Catch up on this week's meetings » arkleg.state.ar.us/]

Previous versions of the bill would have required action to be taken by April 1, 2026, in order to maintain those existing watershed moratoriums, putting those moratoriums before the Arkansas Legislative Council or Joint Budget Committee for consideration.

The amended bill would still establish a procedure for the adoption of new moratoriums "should the need ever exist," Khoury said. That procedure would involve an "increased review of the Legislature, which we think is important."

Future moratoriums under the bill would require the promulgation of a rule that would go before lawmakers for consideration. The bill would set an expiration date of four years for new moratoriums.

Under the bill, if a state agency wishes to continue a moratorium that is instituted after the effective date of the bill, they must submit it to the Arkansas Legislative Council or, if the General Assembly is in session, the Joint Budget Committee for review and approval.

"If any new moratoriums were to come about, (legislators) would actually get to be a part of the process," Vaught said. "We were not a part of the process the first time."

The text of the amended version also replaces a section titled "existing moratoriums" and replaces it with a section titled "existing rule."

The new section reads, "The Department of Agriculture shall utilize the current Arkansas Pollution Control and Ecology Commission's rules on Liquid Animal Waste Management Systems, 8 CAR pt. 24, formerly known as Regulation No. 5, to administer the department's authority over liquid animal waste management systems under (Arkansas Code) 15-20-102 until the department adopts the final rules regarding liquid animal waste management systems."

Under the bill, a moratorium is defined as "a prohibition on the issuance of permits or any other limitation on agricultural production, including without limitation, livestock and poultry operations, contained animal feeding operations, and the cultivation of crops and orchards."

House Speaker Brian Evans, R-Cabot, said that he believed the bill would have passed in his chamber as it was originally drafted, but that the sponsors' work with Sanders "brought a better piece of legislation forward."

"It looks like we're in a good place on that," Evans said.

On April 3, the Senate voted 22-9 to send SB290 to the House for further consideration.

Johnson's bill received the endorsement of the Senate Agriculture, Forestry and Economic Development Committee on April 1, just more than two weeks after Johnson pulled an earlier version of the bill from the panel's consideration.

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