§ 22-5-406 - Limited quitclaim of streambed of Mulberry River. - Arkansas Statutes

22-5-406. Limited quitclaim of streambed of Mulberry River.

(a) The State of Arkansas quitclaims, to the owners of adjacent lands, title to the streambed of the Mulberry River, excluding oil, gas, and other mineral rights underlying the stream, to the center of the stream. However, the state retains an easement to run with the land for free passage by the public over the land by canoe, boat, other watercraft, swimming, wading, or walking, and for fishing, recreation, travel, commerce, and other purposes.

(b) (1) The State of Arkansas relinquishes and quitclaims to the owners of oil, gas, and other minerals underlying adjacent lands, and to their lessees, all right, title, and interest in and to the oil, gas, and other minerals underlying the bed of the Mulberry River.

(2) No affirmative action shall be required by the mineral owner or lessee of the State of Arkansas to enable the mineral owner or lessee to retain ownership of or leasehold interest in the minerals under the bed of the Mulberry River.

(3) (A) If the mineral owner or lessee desires record proof of his or her continued ownership of the oil, gas, and other minerals, he or she may file an application with the Commissioner of State Lands for a quitclaim deed covering the oil, gas, and other minerals under the bed of the river.

(B) If the lands have been surveyed and platted, the mineral owner may furnish the Commissioner of State Lands a copy of the survey and plat.

(C) If the survey and plat sufficiently identify the land, no further survey shall be required.

(4) (A) In the alternative, the mineral owner may file with his or her application a deposit of the estimated cost of a survey, and the Commissioner of State Lands shall direct the county surveyor of the county in which the lands are located, or some other competent surveyor, to make an accurate survey of the lands and to plat them in reference to the survey of adjacent lands and file the survey and plat in the office of the Commissioner of State Lands.

(B) Upon the filing of the survey and plat, the Commissioner of State Lands shall pay for the cost of the survey out of the money deposited as provided in subdivision (b)(4)(A) of this section.

(C) If the deposit is insufficient for that purpose, the Commissioner of State Lands may require an additional deposit.

(D) If any deposited funds remain after payment, they shall be refunded to the depositor.

(5) After the survey and plat are filed, the applicant shall file affidavits of at least two (2) competent persons having full personal knowledge of the facts, establishing that the applicant is the present owner or lessee of the minerals in and under the streambed.

(6) Upon receipt of the survey and affidavits, the Commissioner of State Lands may issue a quitclaim deed to the applicant upon the payment of a deed fee of one dollar ($1.00). The quitclaim deed establishes that the state makes no claim to the oil, gas, and other minerals under the bed of the stream.