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120 ARKANSAS Finally, the commission is authorized to engage in water develop- ment projects which are a part of the Arkansas water plan with any political subdivision, State, or Federal agency. A water development fund is created for payment of project costs. Revenue bonds may be sold to provide funds to pay project development costs. The com- mission is to sell the water which it develops at costs designed to re- turn the investment of the State.15 In an attempt to encourage and support actions to prevent and lessen flood hazards and losses, cities, towns, and counties are author- ized to adopt and enforce ordinances or zoning codes to reduce losses from floods in flood-prone areas. If this is not accomplished within a reasonable time, so that Federal assistance is not available to the local people, the commission may prescribe regulations which would have the same effect as if enacted by cities, towns, or counties. It is the duty of these local governmental entities to enforce the reg- ulations issued by the commission.16 2.2 Resolution of Water Use Conflicts The resolution of water right disputes in Arkansas has been a matter of judicial decision. The courts, applying the principles of the riparian doctrine of water rights, have evaluated and defined the scope and limit of individual water rights. Such actions often take the form of injunctive proceedings to prevent interference with a vested water right, or an action to recover damages for injury, or impairment of an individual's water right.17 As pointed out above, there has been a limited legislative effort in Arkansas to provide some measure of State administrative responsi- bility in resolving water problems and disputes between water users. 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL Under the Arkansas Water Pollution Control Act, it is unlawful to cause pollution of the waters of the State, which are broadly de- fined in the act to include both surface and underground water. This act is administered and enforced by the pollution control commis- sion.18 This commission has the power and duty to: (1) conduct studies and investigations and to prepare a comprehensive program for the elimination or reduction of pollution; (>2) classify the waters of the State and establish reasonable pollution standards for such water; (3) require and approve plans and specifications for disposal systems; (4) issue permits to allow the discharge of wastes into the waters of the State (permits are also required before constructing or modifying any disposal system which will result in new or increased pollution of the waters of the State, and any permit may be revoked or modified for the purpose of preventing or abating pollution) ; 15 Ark. Stat. sees. 21-1319 to 1331. i« Ark. Stat. sees. 21-1901 to 1904. « Scott v. Slaughter, 237 Ark. 394, 373 S.W. 2d 577 (1963) ; DeVore Farms v. Butler Hunting Club, 225 Ark. 818, 286 S.W. 2d 491 (1956). m Ark. Stat. sees. 82-1901,1902, 1903. |
