Opinion No.

The Honorable Wayne Dowd State Senator P.O. Box 2631 Texarkana, Arkansas 75502-2631

Dear Senator Dowd:

This official Attorney General opinion is issued in response to your recent inquiry relating to Crooked Creek. You indicate that a number of private individuals presently mine gravel out of Crooked Creek. You have presented the following questions:(1) Can Crooked Creek be considered a "navigable" body of water for purposes of federal law (i.e., the federal" Clean Water Act") and for purposes of state law?(2) If Crooked Creek is a "navigable" body of water under applicable state or federal law,…