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Show Chapter 4. ARKANSAS CONTENTS Page 1. Development of Arkansas Water Law_____________________________ 117 2. State Organizational Structure for Water Administration and Control__ 118 2.1 Administration of Water Bights_________________________ 118 2.2 Resolution of Water Use Conflicts________________________ 120 2.3 Other Agencies Having Water Resource Responsibilities_____ 120 3. Surface Waters________________________________________________ 122 3.1 Method of Acquiring Rights_____________________________ 122 3.2 Nature and Limits of Rights____________________________ 123 3.3 Changes, 'Sales, and Transfers__________________________ 124 3.4 Loss of Rights_________________________________________ 124 3.5 Storage Waters, Artificial Lakes, and Ponds_______________ 125 3.6 Springs_______________________________________________ 125 3.7 Diffused Surface Waters________________________________ 125 4. Ground Water_________________________________________________ 127 Publications Available____________________________________________ 128 DISCUSSION 1. Development of Arkansas Water Law Arkansas is in a humid region of the United States and, conse- quently, most areas of the State receive ample rainfall. In addition, numerous rivers traverse the State. The availability of water thus enhanced the settlement and development of Arkansas, and water right problems have not received extensive judicial or legislative at- tention over the years. But when disputes have arisen over the use of the streams in the State, the Arkansas Supreme Court has applied the riparian doctrine of water rights in the resolution of these con- flicts. In doing so, the Arkansas court has expressly noted that the appropriation doctrine is inconsistent with the common law doctrine of riparian rights and is not a part of the law of the State.1 Other than water of a watercourse, the only other category of water at the surface to receive any extended attention in Arkansas is diffused surface water. The problems which developed concerning this class of water relate to their disposal rather than the right of use. The Arkansas Supreme Court recognizes the rule that the owner of the land has the right to defend against the flow of surface water unless he unnecessarily injures another in exercising this right.2 The Arkansas Legislature has expressly recognized the right of the land- owner to use diffused surface water for any lawful purpose,3 and 1 Harrell v. City of Conway, 224 Ark. 100, 271 S.W. 2d 924 (1954) ; Harris v. Brooks, 225 Ark. 436, 283 S.W. 2d 129 (1955). 3 Turner v. Smith, 217 Ark. 441, 231 S.W. 2d 110 (1950) ; Dent v. Alexander, 218 Ark. 277, 235 S.W. 2d 953 (1951). a Ark. Stat. sec. 21-1310. 117 |
