# Ark. Code Ann. § 22-5-405: Deeds to lands in lakes or rivers > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-405 ## Section - **Citation:** Ark. Code Ann. § 22-5-405 - **Heading:** Deeds to lands in lakes or rivers - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-405 ## Text (a) The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake. (b) All applicants for deeds under this section shall: (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (c) Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed. (d) The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of this section. Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023. Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207. (a) The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake. (b) All applicants for deeds under this section shall: (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; leted application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (c) Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed. (d) The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of this section. Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023. Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207. ## Nearby sections - [Ark. Code Ann. § 22-5-401 Suits to recover state's property or quiet title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-401.md) - [Ark. Code Ann. § 22-5-402 Tax title void when in conflict with state's interest](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-402.md) - [Ark. Code Ann. § 22-5-403 Title to lands formed in navigable waters](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-403.md) - [Ark. Code Ann. § 22-5-404 Title to lands formed in nonnavigable lakes or abandoned river channels](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-404.md) - [Ark. Code Ann. § 22-5-405 Deeds to lands in lakes or rivers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-405.md) - [Ark. Code Ann. § 22-5-406 Limited quitclaim of streambed of Mulberry River](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-406.md) - [Ark. Code Ann. § 22-5-407 Sixteenth section school lands](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-407.md) - [Ark. Code Ann. § 22-5-408 State Bank lands](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-408.md) - [Ark. Code Ann. § 22-5-409 Escheated corporation lands](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-409.md) - [Ark. Code Ann. § 22-5-410 Overdue tax lands and internal improvement lands](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-410.md) - [Ark. Code Ann. § 22-5-411 Filing of deeds to state property](https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-411.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T22_C5_S4_S22-5-405. Check the current official text before relying on it. Not legal advice.