(a) The Arkansas Waterways Commission, hereinafter referred to as the “commission”, is authorized to:
(1) Study and coordinate efforts designed to promote the development of the navigable stream areas in this state for water transportation purposes;
(2) Encourage and coordinate the development of river port and harbor facilities;
(3) Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation;
(4) Intercede on behalf of and represent the State of Arkansas in matters pertaining to the application of fees, tolls, or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce;
(5)
(A) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, and expansion of river transportation resources of this state.
(B) However, nothing in this section shall be deemed to deny or prohibit any city, county, port authority, or other governmental or private agency or authority from accepting such donations and grants as they are now authorized by law to receive;
(6)
(A) Cooperate with and furnish assurances to the United States Government and any agencies thereof for improvement of the waterways of this state for the purpose of commercial navigation and other project purposes and contract with the United States Secretary of the Army and the Chief of Engineers of the United States Army Corps of Engineers to provide the necessary lands, easements, and rights-of-way in connection therewith;
(B) Share, if necessary, in the costs of the projects in the event the Chief of Engineers of the United States Army Corps of Engineers determines that it is necessary under applicable federal laws and policy; and
(C) Otherwise furnish local cooperation requirements of the laws authorizing projects;
(7) Have and exercise the power and authority to acquire such real and personal property, in the name of the State of Arkansas, by gift, grant, purchase, negotiation, or by condemnation, as the commission deems necessary or desirable to carry out its functions and responsibilities under this subchapter;
(8) Require all state agencies, boards, or commissions, when such agencies, boards, and commissions are planning industrial, residential, or recreational zoning, operational regulations or improvements involving channel alignments, bank stabilization, or bank and adjacent land uses, which would directly or indirectly affect commercial navigation on any of the state's inland waterways, and coordinate such planning with the commission;
(9) Require all state agencies, boards, and commissions having the power to give assurances over water resource projects to coordinate such activities with the commission prior to giving such assurances if such assurances are given in regard to projects and programs that are on the navigable waterways of the state or may affect these waterways;
(10) Authorize the assignment, transfer, lease, conveyance, grant, or donation of any or all of its property to the United States or to any agency or department thereof for the use of the United States in connection with the purposes of this subchapter;
(11)
(A) Represent this state in the promotion of the development of commercial water transportation in this state and cooperate with other states, other agencies of this state, or agencies of the United States Government, in any manner whatsoever, in an effort to develop the commercial use of the waterways in this state.
(B) The commission is empowered to study all executive orders and legislation, state and federal, which may affect the commercial development of interstate or intrastate water transportation and make recommendations concerning any such executive orders or legislation; and
(12) Do and perform all other functions for and in behalf of the state which may be necessary or desirable to accomplish the purposes of this subchapter, including, but not limited to, the making of studies and plans for the expansion, use, and growth of the water transportation resources and facilities of this state.
(b) Nothing contained in this section shall be construed to deny or otherwise restrict or prohibit any other agency or political subdivision of the State of Arkansas from exercising the same or similar functions as enumerated in this section as may be within its powers, responsibilities, and authorities.
Structure Arkansas Code