§ 15-23-313 - Specific designations -- Prohibitions -- Policy -- Exemptions.
15-23-313. Specific designations -- Prohibitions -- Policy -- Exemptions.
(a) (1) Notwithstanding any other provisions of this subchapter, the following segments of rivers or streams are designated as components of the Arkansas Natural and Scenic Rivers System:
(A) The Cossatot River, from Gillham Reservoir, Section 8, Township 5 South, Range 30 West, upstream to its headwaters near Baker Mountain, South Line of Section 15, Township 3 South, Range 30 West;
(B) The Strawberry River, from the line dividing Sharp County and Izard County, Section 12, Township 17 North, Range 7 West, upstream to its headwaters near Byron, North Line of Section 3, Township 19 North, Range 9 West;
(C) The Saline River, from its confluence with the Ouachita River, Section 9, Township 18 South, Range 10 West, upstream to the Saline-Grant County line; and
(D) The Little Missouri River, from the upper end of Lake Greeson, South Line of Section 31, Township 5 South, Range 26 West, upstream to its headwaters south of Big Fork, Center of Section 32, Township 3 South, Range 28 West.
(2) The requirement of establishing an advisory committee or developing a management plan as specified in 15-23-308, 15-23-311, and 15-23-312 are waived for the segments of rivers or streams designated as components of the system pursuant to this section.
(b) The following provisions shall apply only to river segments and stream segments designated as components of the system pursuant to this section:
(1) (A) It shall be unlawful for any person to construct any permanent dam or other structure that would impound waters in the principal bed of any of the river segments or stream segments designated as components of the system pursuant to subsection (a) of this section.
(B) However, the establishment or maintenance of a water gap fence or low water bridge shall not be deemed a dam obstruction of the flow of such a river or stream unless the water gap fence results in impoundment of the waters of the river or stream; and
(2) (A) It shall be unlawful for any person to channelize or realign the principal channel of any of the river segments designated as components of the system pursuant to subsection (a) of this section.
(B) However, the clearing, snagging, or removing of river channel blockages caused by floods or other acts of nature shall not be deemed channelization.
(c) A violation of subsection (b) of this section shall be a Class C misdemeanor.
(d) (1) The Arkansas Natural Heritage Commission of the Department of Arkansas Heritage is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this section or any rule or regulation promulgated under this section, notwithstanding the existence of other remedies at law.
(2) The injunction shall be issued without bond.
(e) (1) This section shall be construed so as to obtain reasonable conservation of waters in the streams designated in this section.
(2) The policy of this state is to:
(A) Protect the designated streams and the fish and wildlife in and around those streams;
(B) Maintain proper ecological balance;
(C) Protect water quality;
(D) Protect natural and scenic beauty;
(E) Protect riparian landowner rights; and
(F) Protect and preserve the designated streams in their natural and scenic state for future generations.
(f) None of the provisions of this section shall:
(1) Prohibit the continued use of all existing water intake structures and appurtenances for the purpose of withdrawal of surface water for any and all beneficial uses;
(2) Prohibit the construction of water intake structures in the future; or
(3) Be deemed to in any way impair or interfere with the continuation of the present uses of lands along any river or stream.