Arkansas River Rights Committee v. Echubby Lake Hunting Club

126 S.W.3d 738 (2003)

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Arkansas River Rights Committee v. Echubby Lake Hunting Club

Arkansas Court of Appeals
126 S.W.3d 738 (2003)

  • Written by Sheryl McGrath, JD

Facts

In 1968, the United States Army Corps of Engineers (corps) completed a project that made a portion of the Arkansas River navigable. As a result of the project, certain areas that had previously been uplands were inundated with water. One of the inundated areas was known as the Echubby area. The Echubby Lake Hunting Club (club) (defendant) bought the Echubby area in 2001. After buying the area, the club denied access to the area to anyone other than club members. The Arkansas River Rights Committee (committee) (plaintiff) sued the club for public access to the Echubby area. The parties submitted documentary evidence on a summary-judgment motion. The documentary evidence included an affidavit filed by the committee, in which a witness named David Selvey stated that he and other anglers had boated the Echubby area for several years before the club bought the area. Selvey also stated that the Echubby area was covered with water year-round. The trial court granted summary judgment in favor of the club. The committee appealed.

Rule of Law

Issue

Holding and Reasoning (Stroud, C.J.)

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