§ 23-18-402 - Erection of dams to develop electric power.
               	 		
23-18-402.    Erection of dams to develop electric power.
    (a)  Any  person or corporation organized under the laws of this state for the  purpose of producing power for any lawful purpose, who or which has  procured a charter from this state for the development and operation of  electric power plants from waterpower and owns a natural, practical dam  site, or has secured from the United States a license, permit, or  authority to erect a dam upon land or a dam site owned by the United  States, shall have the right to erect a dam across any navigable or  nonnavigable river in this state at that point for the purpose of  developing electric power.
(b)  When  the person or company is ready to begin the construction of his or her  or its dam, it shall file a survey with the Secretary of State and with  the county clerk of the counties in which the lands pertaining to the  waterpower are situated. This survey shall show the location of his or  her or its principal power dam site, or the stream above the power dam  and the lands necessary for the development of the waterpower, with an  estimate and the engineer's report of the cost of his or her or its dam,  spillways, power plant, and all machinery to be used in generating the  power, to be verified later by report of actual cost of construction.
(c)  Any  person or corporation owning or controlling any dam as provided in this  subchapter may be required, in the discretion of the Arkansas Public  Service Commission, to construct and keep open a chute over the dam or  construction sufficient for the passage of fish either ascending or  descending the river or watercourse.