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Show 122 ARKANSAS (8) The waterways commission promotes and coordinates the de- velopment of the navigable streams of the State for water transpor- tation purposes, and to encourage and coordinate activities with respect to water recreation.29 In the case of the White River and its tributaries, the Arkansas Legislature has created the White River Navigation District Commission, which has specific power to do all acts necessary or desirable in connection with any navigation or im- provement on the White River in conjunction with any other State or with any Federal agency.30 C. AGENCIES AT THE LOCAL LEVEL The following local public agencies have some involvement in the development, conservation, utilization, or control of water in Arkansas: (1) Drainage and levee districts 31 (2) Irrigation, drainage, and watershed improvement dis- tricts 32 (3) Improvement districts of rivers and tributaries 33 (4) Regional water distribution districts 34 (5) Metropolitan port authorities.35 3. Surface Waters The Arkansas Supreme Court has consistently defined a natural watercourse as a stream flowing in a particular direction and having a definite channel in a bed between discernible banks. It need not have a continuous flow and may sometimes be dry. The stream usually discharges itself into some other stream or body of water.36 3.1 Method of Acquiring Rights The right to use water under the riparian concept of water rights is governed by the ownership of land. The owners of land bordering on streams have the right to make certain uses of the water as an incident of the ownership of the land. The rights of all riparian owners are coequal and use by one owner has no priority over use by another. The Arkansas Supreme Court has stated the rule broadly-that every proprietor is entitled to the usual flow of the stream in its natural channel, undiminished in quantity and unim- paired in quality, subject to the reasonable use of other riparian owners.37 The court has further noted that there are two theories of riparian rights-the natural flow theory and the reasonable use theory. Some of the earlier expressions of the Arkansas Supreme 29 Ark. Stat. sees. 21-1701 to 1703. 30 Ark. Stat. sees. 21-1601 to 1611. « Ark. Stat. sees. 21-501 to 858. ¦*» Ark. Stat. sees. 21-901 to 934. «• Ark Stat. sees. 21-1001 to 1013. s* Ark. Stat. sees. 21-1401 to 1415. 35 Ark Stat. sees. 21-1501 to 1516. z*Boone v. Wilson, 125 Ark. 364, 188 S.W. 1160 (1916) ; Turner v. Smith, 217 Ark. 441, 231 S.W. 2d 110 (1950) ; Solomon v. Congleton, 245 Ark. 487, 432 S.W. 2d 865 (196S). »' Meriwether Sand & Gravel Co. v. State, 181 Ark. 216, 26 S.W. 2d 57 (1930). |
