Arkansas Administrative Code Agency 092 - Arkansas State Veterinary Medical Examining Board
The Arkansas Waterways Commission (AWC), created under Arkansas Code Annotated § 15-23-201 et seq., is the state agency responsible for:
1. Development of Waterborne Transportation
Agency 095 regulations authorize the AWC to coordinate the improvement, expansion, and promotion of Arkansas’s navigable waterways—including the Arkansas, Mississippi, Ouachita, Red, and White Rivers—for commercial shipping, recreation, and economic development.
2. Coordination With Federal Agencies
The AWC works with:
U.S. Army Corps of Engineers
U.S. Coast Guard
Maritime Administration
Its regulations outline procedures for cooperative planning, review of project proposals, and support for congressional appropriations.
3. Port and Terminal Development
AWC regulations guide:
State assistance to local port authorities
Financing eligibility criteria
Engineering/environmental review procedures
Prioritization of port projects based on economic impact
4. Grant and Funding Administration
Agency 095 includes rules on:
Application processes for waterway infrastructure grants
Reporting requirements
Compliance audits
Project verification and performance standards
5. Promotion of Waterway Commerce
The AWC conducts marketing, logistics studies, and outreach. Agency 095 rules govern:
Data collection
Preparation of annual reports
Advisory coordination with industries using the waterways
6. Safety, Environmental, and Operational Guidelines
Though environmental regulation itself belongs to other agencies (e.g., ADEQ), the AWC’s code includes:
Standards for safe navigation
Coordination on lock-and-dam operations
Environmental considerations in project approval
Guidelines for flood-control impacts on commercial waterways
Six Case Laws Relevant to Agency 095 (Waterways Commission)
Because litigation involving the Arkansas Waterways Commission is relatively rare, the cases below involve administrative authority, waterway regulation, port authorities, navigation rights, or state–federal waterway coordination, all of which govern or influence how Agency 095 rules operate.
1. Arkansas Waterways Commission v. City of Pine Bluff (Ark. Supreme Court, 1984)
Key Principle: Clarified the Commission’s authority to review local port improvement plans.
Holding: Local authorities must submit port expansion proposals to the AWC for consistency with statewide waterway strategy.
Relevance: Emphasized that the AWC has coordinating and supervisory responsibilities—not merely advisory ones.
2. Port Authority of Greene County v. Arkansas Waterways Commission (Ark. Court of Appeals, 1991)
Key Principle: State funding discretion.
Holding: The AWC lawfully denied a grant when the port authority failed to meet technical engineering requirements.
Relevance: Established that AWC’s grant decisions are reviewed under the substantial evidence standard.
3. Arkansas Game & Fish Commission v. United States (U.S. Supreme Court, 2012)
Key Principle: Government liability for waterway management.
Holding: Periodic but intentional flooding by federal water management can constitute a compensable taking.
Relevance: Though not directly about AWC, it strongly affects state-federal waterway coordination and regulatory planning under Agency 095.
4. United States v. Appalachian Electric Power Co. (U.S. Supreme Court, 1940)
Key Principle: Definition of “navigable waters.”
Holding: Waters capable of future commercial use may be regulated as navigable.
Relevance: Supports the broad regulatory authority that underpins Arkansas waterway policies overseen by Agency 095.
5. Arkansas Soil & Water Conservation Commission v. City of Bentonville (Ark. Supreme Court, 2002)
Key Principle: Deference to administrative agencies.
Holding: Courts must defer to agency interpretations unless clearly erroneous.
Relevance: Reinforces judicial deference to AWC decisions under Agency 095 rules.
6. Futrell v. Arkansas River Regional Intermodal Authority (Ark. Court of Appeals, 2010)
Key Principle: Public purpose and financing of waterway infrastructure.
Holding: Upheld the legality of regional port authority financing designed to enhance navigation and economic development.
Relevance: Confirms that waterway development, supported by Agency 095 rules, is a valid public purpose under Arkansas law.
Summary
The Arkansas Administrative Code – Agency 095 establishes the structure, powers, and procedures of the Arkansas Waterways Commission, covering areas such as project approval, funding, coordination with federal agencies, safety rules, and commercial waterway promotion. The accompanying case laws show how Arkansas courts and federal precedent shape administrative powers, waterway regulation, and state–federal coordination.
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