Deeds to emerged lands

(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/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 statement of knowledge that the area for which the deed is sought has emerged to the ordinary high-water mark; and

(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.