Lawsuit over Game and Fish gas lease funds dismissed

Arkansas News Bureau

LITTLE ROCK — A Pulaski County circuit judge has dismissed a lawsuit against the Arkansas Game and Fish Commission over the use of funds from oil and gas leases in two wildlife management areas.

James Dockery of Little Rock filed the lawsuit in 2009 to stop the commission from keeping more than $30 million generated from leasing state lands to Chesapeake Energy Corp.

The lands included the Petit Jean Wildlife Management Area in Yell County and the Gulf Mountain WMA in Van Buren. The leases covered about 11,500 acres and drilling operations are expected to begin on parts of both properties later this year.

Dockery argued in his lawsuit that the money should go into the state’s general revenues.

In a 16-page ruling issued Thursday, Circuit Judge Jay Moody dismissed the lawsuit, saying that provisions in the Arkansas Constitution, state statutes and federal regulations require that all money derived from mineral exploration and production on Game and Fish-owned land must be “expended by the (AGFC) for the control, management, restoration, conservation and regulation of the birds, fish and wildlife resources in the state … and for no other purposes.”

Moody said “neither the Legislature nor the courts may divert the funds received by the AGFC from the oil and gas leases to any other state agency for any other state purpose because of any such diversion would be unconstitutional and violate Arkansas statutes and federal regulations.”

In a news release today, the Game and Fish Commission said it expects to use funds from the mineral leases to monitor and protect water and habitat conditions on both WMAs. The money also will be used to retire bond debt from land purchases, renovate aging WMAs and lake facilities, and potentially fund existing and new conservation projects and education programs, the agency said.