WSP06585

• File Number: 8112.600
• Description: Arkansas White Red Basins Interagency Committee - AWRBIAC -- Reports
• Basin: Arkansas
• Water Division: 2
• Date: 1/30/1951
• Title: Report of the Hydrologic Subcommittee on Water Availability and Quality in the Arkansas-White-Red Basins
• Water Supply Pro - Doc Type: Report/Study

.

o
C'!
"""
W
J:::o
o

.

STATEl1ENT
STATE OF ARKANSAS !y

PROVISIONS OF EXISTING ARKANSAS LAW:

Arkansas has very few laws affecting the control, conservation,
utilization, and pollution of surface and ground water. There are no inter-
state compacts or state statutes involving interstate water agreements.
There are no laws in Arkansas directly involving the conservation of water.
The Arkansas laws which affect utilization of water do so largely by infer-
ence, water rights controversies having been settled in specific cases by
court decisions based upon common law. It is only in the field of pollution
control that Arkansas law adequately protects the public interest. Follow-
ing is a summary of the pertinent existing state statutes.

1. Mills and Mill Dams, Section 35-501 through 35-526 of
Arkansas Statutes of 1947:

This Act provides for erection of dams on non-
navigable streams by owners of property on one or both sides
of the stream, and grants the right of eminent domain upon
payment of proper d~aages assessed by a local jury. It
makes no mention of water rights.

2. Water Power Companies, Section 73-2004 through 73-2019 of
Arkansas Statutes of 1947:

This act vests the rights to all water for the pro-
duction of water power in the State of Arkansas. It pro-
vides for the construction of dams for the development of
hydro-electric power by duly authorized persons or corpora-
tions, grants them the right of eminent domain, and
establishes certain regulations.

3. Arkansas Irrigation and Drainage District Act of 1949,
Act 329 of the Acts of 1949:

This statute provides for the organization and
operation of Districts for the multiple purpose of irriga-
tion, drainage, and flood control. It gives the Board of
Commissioners of such Districts the right of eminent domain,
including the right to condemn water rights.

4. Arkansas Stream Pollution Control Act of 1947, Act No. 472
of the Acts of 1949:

This statute provides for the creation of a water
pollution control c~nmission, defines their duties and

~ By letter dated 9-27-50, Marion L, Crist to J. R. Erickson

A-7