(a) Any person constructing a dam under permit issued under the provisions of this subchapter shall have the exclusive right to take water from the reservoir created by that dam so long as the dam is maintained and operated under permit from the Arkansas Natural Resources Commission, subject to his or her obligation to discharge water from the dam as provided in the permit, and shall have the right to exclude all persons from the water impounded by that dam.
(b)
(1) However, if the dam causes water to be impounded unlawfully on land which the person maintaining the dam does not own or have the right to occupy, the owner of the land so unlawfully occupied shall have the right to take water from the impoundment at a point on his or her land, so long as the water is unlawfully impounded on his or her land.
(2)
(A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass.
(B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded.
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