If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected.
Structure Arkansas Code
Subchapter 7 - Dams, Mills, Etc.
§ 18-15-701. Findings no bar to prosecution or action under other law — Exception
§ 18-15-704. Erection of certain dams permitted
§ 18-15-705. Petition required
§ 18-15-706. Issuance of writ — Inquiry by jury
§ 18-15-708. Refusal of permit
§ 18-15-710. Rebuilding or repairing dam and mill
§ 18-15-712. Erection of dam by owner of land on one side of watercourse