Your Land, Your Rights: What Saline County Property Owners Need to Know About the Ouachita River Waterline Project
What Is The Ouachita River Waterline Project?
Project map courtesy of the Saline Regional Public Water Authority
Saline County is getting a new regional water system. The Saline Regional Public Water Authority is building a pipeline that will carry water from the Ouachita River through private land across the county, and if that pipeline crosses your property, the decisions you make in the next few months could significantly affect what you are paid and what happens to your land for decades to come.
At its core, the project involves building an intake structure on the Ouachita River, transporting raw water into Saline County, constructing a water treatment plant, and then running treated water to member water systems throughout the county. The SRPWA's current plan calls for a 35-inch diameter waterline, a significant pipeline that will require permanent easements across private land.
Communities expected to draw from this system include Benton, Bryant, East End, Haskell, and Shannon Hills. The project is designed to serve nearly 100,000 Saline County residents and is intended to address the county's growing water demands for years to come.
This is not a small or temporary project. The waterline and the easements that come with it will be permanent features on the land they cross.
The Saline Regional Public Water Authority (SRPWA) is now in active easement acquisition and design, the phase where property owners are being approached and agreements are being signed. The project received a $7.7 million state loan in late 2025 as part of Governor Sanders' statewide water infrastructure package, and it has been in planning for several years.
What Is Eminent Domain, and Does It Apply Here?
Under both the U.S. Constitution and the Arkansas Constitution, the government, and certain authorized entities, have the power to take private property for public use, as long as they pay the property owner "just compensation." This power is called eminent domain, and the legal process of acquiring the property is called condemnation.
Arkansas law expressly authorizes water utilities and municipal corporations to exercise eminent domain for waterworks systems. Importantly, this authority is not limited to property within the condemning entity's county, a water authority can condemn property in a different county from where it is based. Under Arkansas Code Annotated § 18-15-301, rights-of-way and easements for water pipelines may be condemned across private land, under roads and highways, and along railroad corridors.
What this means practically: the SRPWA likely has the legal authority to take an easement across your land if you cannot reach a voluntary agreement. That does not mean, however, that you are powerless.
Your Rights as a Saline County Landowner
1. The Right to Just Compensation
The most fundamental right you have is the right to be paid fairly. Arkansas law requires just compensation for any property taken or damaged through condemnation. "Just compensation" is defined in Arkansas as the fair market value of the property taken — but what the condemning authority initially offers you is almost never the full measure of what you are actually owed.
When a public or quasi-public entity acquires an easement across your land, you are entitled to:
- The fair market value of the easement area itself - not just a nominal "crossing fee," but the actual value of the strip of land being permanently burdened.
- Severance damages - compensation for any reduction in value to the portion of your property that is not directly taken. If the waterline cuts your tract in half, limits your access to part of your land, or makes it harder to develop, farm, or sell your remaining acreage, you are entitled to compensation for that loss.
- Consequential damages - other losses that flow directly from the taking, including interference with crops, fencing, drainage, or other improvements.
Under Arkansas law, when a corporation, including a water authority, is the condemning entity, you are entitled to the value of the property taken plus any diminution in value to your remaining property, regardless of any benefit the project may bring to your land. All determinations of just compensation in Arkansas are ultimately decided by a jury at trial if the parties cannot agree.
2. The Right to Challenge the Initial Offer
The first offer you receive is a starting point, it is not the final word. Condemning authorities typically make low initial offers, and many landowners accept them without realizing they could have received significantly more. You have the right to reject the initial offer and negotiate for a higher amount.
If an agreement cannot be reached, the condemning authority must file a condemnation lawsuit in circuit court. At that point, the authority deposits money with the court, typically based on its own appraisal, and the court may allow it to proceed with construction while the compensation dispute is resolved. You are entitled to receive that deposited amount immediately, even while the litigation continues.
3. The Right to Attorney's Fees If the Jury Awards More
This is one of the most important, and least understood, rights in Arkansas condemnation law. Under a 2015 legislative change, if a jury awards you compensation that exceeds the amount the condemning authority deposited with the court by ten percent (10%) or more, you may be entitled to recover your attorney's fees, appraisal costs, and expert witness fees from the condemning authority. This provision now applies to public utilities and improvement districts, not just the State Highway Department.
In plain terms: if you hire an attorney and a qualified appraiser, fight for full compensation, and win a significantly better result at trial, the authority may have to pay your legal costs. This is a powerful protection that levels the playing field.
4. The Right to Negotiate Easement Terms — Not Just the Price
Your rights do not stop at compensation. The easement agreement itself, which is the legal document that will permanently govern what the authority can do on your land, is negotiable. Before you sign anything, an attorney should carefully review the proposed easement for provisions addressing:
- The exact width and location of the easement corridor
- Restrictions on above-ground structures or equipment within the easement area
- Your right to continue farming, grazing, or otherwise using the surface of the easement area
- Restoration obligations which require the authority to restore your land to its pre-construction condition after the line is buried
- Limitations on future use, which is what the authority can and cannot add to the easement (additional lines, fiber optics, etc.) without further compensation to you
- Impact on mineral rights, if you own mineral rights, the easement may affect your ability to develop or lease those rights in the future, and this should be addressed in the agreement
Once you sign an easement, you are bound by its terms, often permanently. Negotiating those terms carefully before signing is just as important as negotiating the price.
5. The Right to Propose an Alternate Route
If the proposed easement location is particularly burdensome, for example, if it bisects your property in a way that severely limits its use, or if it runs too close to your home, well, or outbuildings, you have the right to propose an alternate route across your property. While you cannot force the authority to accept your proposal, a well-documented alternative that reduces damage to your land can be a valuable negotiating tool.
What You Should Do Now
If you have been approached about an easement for the Saline County waterline project, or if you believe the project may cross your property, here is what you should do:
- Do not sign anything without consulting an attorney. Even a seemingly routine easement form can contain provisions that waive important rights or grant the authority far more access than you realize.
- Do not assume the first offer is fair. Get an independent appraisal of your land and the impact of the proposed easement before accepting any payment.
- Document your property now. Photographs, surveys, drainage maps, and records of current land use will all be important if you need to prove damages later.
- Act promptly. Negotiations for large infrastructure projects move quickly, and landowners who wait too long sometimes find themselves with fewer options.
How We Can Help
Our firm represents Saline County landowners in easement negotiations and condemnation proceedings. We understand Arkansas eminent domain law, and we know how to fight for full compensation, not just what the authority puts on the table first.
If the Ouachita River waterline project may affect your property, contact our office today for a consultation. There is no cost to talk, and you may have more rights than you think.
This post is provided for general informational purposes and does not constitute legal advice. Every landowner's situation is different. Contact our office to discuss the specific facts of your case.
