No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions:
(1)Any permit granted shall be on the condition that the dam constructed under it shall be:
(A)So constructed and operated that:
(i)There will be impounded only surplus surface waters thereby; and (ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and (B) Constructed in su
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No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions: (1) Any permit granted shall be on the condition that the dam constructed under it shall be: (A) So constructed and operated that: (i) There will be impounded only surplus surface waters thereby; and (ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and (B) Constructed in such manner and maintained in such condition as to: (i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and (ii) Adequately protect the lives and property of those persons downstream from the site of the dam; (2) (A) Any representative of the commission shall have the right, at any time, to enter upon the land upon which the dam is built or is to be built to inspect work of construction thereof and the maintenance and operation of the dam after construction. (B) If the commission determines that the dam is unsafe, it shall request in writing that the owner of the dam perform such repair as the commission deems necessary to assure the safety of the dam. (C) If the owner fails to perform adequate repair within a reasonable period of time, as determined by the commission, the commission shall cause the dam to be repaired or breached or cause any other necessary action to be taken, and the cost incurred by the commission in performing such a repair shall be a lien against the property whereupon the dam is located. (D) The commission shall perfect the lien by filing a notice of the lien with the circuit clerk of the county wherein the dam is located. (E) The notice shall constitute a lien as of the date of the expenditure of the moneys by the commission. (F) The lien shall have priority second only to the lien of real estate taxes imposed upon the dam. (G) Further, no action shall be brought against the state or the commission or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the operation of any dam or reservoir upon the grounds that the defendant is liable by virtue of any of the following: (i) The approval of the dam or reservoir or approval of flood-handling plans during construction; (ii) The issuance or enforcement of orders relative to maintenance and operation of the dam or reservoir; (iii) Control and regulation of the dam or reservoir; or (iv) Measures taken to protect against failure during an emergency; (3) (A) Each permit, with reasonable definiteness, shall describe the location of the dam and the land necessary for impounding water by means thereof. (B) No dam shall be constructed or operated so as to impound water on any land other than on land which the applicant for the construction thereof owns or has the right to occupy during the period for which the permit is issued. (C) Any person who constructs and maintains a dam under the provisions of this subchapter shall have the right to occupy land in the bed of any stream, which land is owned by the state, and is required to impound the water impounded by the dam; (4) (A) The permit shall be for a period fixed by the commission not less than that found by the commission to be necessary to permit amortization of reasonable indebtedness, if any, incurred in connection with the construction of the dam, but in no event in excess of fifty (50) years. (B) Any such permit, for good cause shown, may be extended by the commission by order entered not more than five (5) years prior to the expiration of that permit, the extension of the permit to be for an additional period to be fixed by the commission. The additional period shall in no event extend longer than fifty (50) years; and (5) (A) Within six (6) months after title to any dam for which a permit is issued under the provisions of this subchapter is purchased or inherited by, or otherwise becomes vested in any person not holding a permit to own and operate the dam, the transferee of the title shall so notify the commission, which shall immediately issue a new permit to the transferee. (B) Otherwise, the permit issued hereunder shall terminate six (6) months following the transfer of title, during which time the transferee will not be deemed in violation of this subchapter.