§ 23-18-403. Application for permit to use power — Compensation
(a) When a person or corporation is ready to proceed with the construction of his or her or its dam, he or she or it shall present to the Arkansas Public Service Commission his or her or its application for a permit to use the power. (b) Upon a hearing of the application, the commission […]
§ 23-18-404. Limitation on time to begin work — Time allowed to coincide with federal licenses
(a) All charters and permits granted under this subchapter shall be void unless construction has begun within four (4) years from the date of the permit and has been completed within four (4) years from the date of commencement of construction. (b) Whenever the Federal Energy Regulatory Commission grants a final license providing for the […]
§ 23-18-405. Damages for land taken — Assessment by court
In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the use of the lands […]
§ 23-18-406. Eminent domain generally
(a) In order to enable the corporation to carry out the purpose of this section, §§ 23-18-401 — 23-18-405, and 23-18-408 — 23-18-410, the state’s power of eminent domain is conferred upon it, insofar as it is necessary to enable it to condemn land overflowed above its dam, and for spillways, dams, cofferdams, powerhouses, and […]
§ 23-18-407. Eminent domain — Railroad in connection with use or construction of dam
(a) Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have the power to enter upon, condemn, and appropriate the lands, […]
§ 23-18-408. Power for public use — Sale to private parties
(a) The power shall be for public use and shall be sold to private parties desiring it in the order of their application and upon equal terms. (b) The power shall be furnished by the person or corporation or its principal powerhouse or central station. (c) The power may be applied directly by water or […]
§ 23-18-409. Terms and conditions for use of power — Rental — Exception
The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for the benefit and use of the General Revenue […]
§ 23-18-410. Tax on power used exclusively for taker’s purposes
If any person or corporation taking or using the power shall elect to use the power exclusively for its own use in manufacturing or other purposes named in this subchapter, the Arkansas Public Service Commission shall assess the tax for taking and using the power on the basis of power so taken and used, with […]
§ 23-18-401. Waterpower a part of public domain
All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and […]
§ 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 […]