(a) When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of § 23-3-504, the commission shall enter an order granting such rights to the navigable waterway and the bed thereof as will enable the river crossing proprietor to continue to own, operate, and maintain each navigable water crossing mentioned in the petition.
(b) The grant shall constitute approval and recognition of the legality of the navigable water crossing. However, the approval of a navigable water crossing by the commission shall not relieve the river crossing proprietor of its duty in the subsequent operation of the navigable water crossing to observe such reasonable safety precautions as may prevent conditions jeopardizing the public safety.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 3 - Regulation of Utilities and Carriers Generally
Subchapter 5 - Navigable Water Crossings
§ 23-3-502. Applicability of subchapter
§ 23-3-503. Commission's jurisdiction, power, and authority
§ 23-3-504. Petition regarding operation
§ 23-3-506. Objections to petition
§ 23-3-507. Grant of petition — Exceptions
§ 23-3-508. Order granting rights — Effect
§ 23-3-509. Characteristics of rights granted
§ 23-3-510. Costs and expenses of proceedings — Damages
§ 23-3-511. Review by circuit court