§ 15-23-104 — Kings River

(a) The General Assembly finds that the portion of Kings River located in Madison County possesses unique and outstanding scenic, recreational, botanical, geological, historical, piscine, faunal, and other outdoor values of great present and potential benefit to the people of the State of Arkansas, and the preservation of its wild, unpolluted, and natural state is essential for this and future generations. (b) (1) Nothing in this section shall affect the jurisdictions or responsibilities of state agencies or political subdivisions of the State of Arkansas in the enforcement of laws with respect to water, fish, and wildlife and other related resources. (2) Nor shall the provisions of this subchapter be deemed to in any way impair or interfere with the continuation of the present agricultural uses of lands along the Kings River, including the raising of crops and the grazing of livestock. (c) In furtherance of the purposes set forth in subsection (a) of this section, it shall be unlawful for: (1) (A) Any person, firm, or corporation to construct any permanent dam or other structure that would impound waters of the principal bed of the Kings River. (B) The establishment of a water gap essential for farming operations shall not be deemed a dam obstruction of the flow of the stream unless it results in an impoundment of the waters of the Kings River; (2) Any business or industry located on or near the Kings River to engage in any dumping or drainage or to permit any seepage into the Kings River that would affect the quality of the waters of the Kings River in violation of any rule of the Arkansas Pollution Control and Ecology Commission; (3) Any person, firm, or corporation to establish any platted subdivision within fifty feet (50') of the normal bank of the Kings River; and (4) Any person, firm, or corporation to construct any nonfarm building or other structure within fifty feet (50') of the normal bank of the Kings River.

Legislative History

Amended by Act 2019, No. 315,§ 1143, eff. 7/24/2019. Acts 1971, No. 319, §§ 1, 2, 4; A.S.A. 1947, §§ 82-1910, 82-1911, 82-1913.