Replacement of navigable water crossing

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  1. (a) In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to § 23-3-504.

  2. (b)

    1. (1) Proceedings upon the petition shall be conducted under §§ 23-3-506, 23-3-507, and 23-3-510, subject to appeal as provided in §§ 23-3-511 and 23-3-512.

    2. (2) In such a proceeding, however, the jurisdiction of the commission will be limited to a determination of whether the construction methods to be employed in replacing the navigable water crossing will jeopardize the public safety, and the river crossing proprietor's right to replace a navigable water crossing may be denied only on that ground.


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