(a)
- (1) The Commissioner of State Lands, by virtue of Arkansas Code § 22-5-405, deeds to lands in lakes or rivers, is empowered to execute deeds to riparian owners in certain circumstances.
- (2) This section shall establish the process and procedure through which the Commissioner of State Lands may fulfill its obligations under Arkansas Code § 22-5-405.
- (3) The Commissioner of State Lands shall create an online application process.
(b) Riparian owners seeking a deed to emerged lands from the Commissioner of State Lands shall:
- (1) Complete the online application provided on the Commissioner of State Lands’ website, https://www.cosl.org/; and
(2) In addition to the completed application, the applicant shall provide:
- (A) A survey of the land for which the deed is sought, performed and prepared by a professional surveyor licensed by the State of Arkansas;
- (B) All field notes and plats created as part of the survey; and
- (C)
(i) Three (3) affidavits from competent persons having full personal knowledge of the facts.
- (ii) Each affidavit shall include:
- (a) (a) A statement of knowledge that the area for which the deed is sought has emerged to the ordinary high-water mark; and
(b) (b) The area for which the deed is sought is capable of cultivation.
- (c) The sufficiency and acceptance of any application submitted shall be solely at the discretion of the Commissioner of State Lands.