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Category Archives: Ozarks economy

Damming the Osage


Damming the Osage: The Conflicted Story of Lake of the Ozarks and Truman Reservoir by Leland and Crystal Payton.
Published by Lens & Pen Press, 4067 Franklin, Springfield MO 65807, $25 postpaid.
See http://www.dammingtheosage.com

dto-cover-720Leland and Crystal Payton, prolific authors of books with lots of photographs about the history and culture of the Ozarks and about American culture generally, have tackled the history of human use and transformation of the Osage River. Their focus is on the political and financial machinations which resulted in the construction of Bagnell Dam and Truman Dam and their impoundments in the along the northwestern boundary of the Missouri Ozarks. Their original photographs and reproductions of graphics from newspapers, maps, magazines and advertising materials, provide a collage of images of the area before and after its transformation, as well as the images created by promoters of how it might look.

The book covers the history of the residents of Osage basin, from prehistory to the present. From its origin in eastern Kansas to Bonnots Mill, the Osage flows through prairies along the northern Ozarks border into the Missouri River, at a point seven miles east of Jefferson City. Many and diverse primary sources, such as the writings of explorers and newspaper accounts, as well as the work of archaeologists, historians and other social scientists, make the book a rich trove.

The theme of book is consistent with my own take on the history of the development of North America over the past five centuries, which is that development has been driven by the opportunities created by government investment for private investors seeking wealth through the subdivision of real estate and exploitation of natural resources. George Washington was a land surveyor, as was Thomas Jefferson’s father Peter. The Washingtons, the Jeffersons and other promoters–working hand in hand with the government–used every public and private resource they could muster to carve up the Appalachian frontier and beyond into reservations, territories and states for private and public gain. Eventually, the whole country became subdivided. In the case of the valley of the Osage River, the land was divided into lake lots and condo units and multi-purpose reservoirs.

Bagnell Dam and Lake of the Ozarks

The Paytons identify Ralph Street, an “obscure Kansas City lawyer,” and Walter Craven, a mortgage banker also from Kansas City, as the fathers of Lake of the Ozarks. Street and Craven wangled a construction permit from the Federal Power Commission for the Bagnell Dam in 1924 and began acquiring options to buy land. The FPC and the Missouri Public Service Commission awarded permanent licenses for the project in 1926 to Craven, who transferred the licenses to Union Electric in 1929, after Craven failed to obtain construction financing.

Unlike other popular accounts of dam-building in the Ozarks, the Paytons pay careful attention to what existed at various times before the construction destroyed towns (Linn Creek) and roads that connected towns, cutting off neighbors from one another. The occupation by Osage Indians is described, as well as the vain attempts to modify the river to enhance navigation in the steamboat era. Later, the valley was the pathway of railroads, many of them unsuccessful. Some sites, such a Monegaw Springs in St. Clair County and Ha Ha Tonka in Camden County, were beautiful places that captured the dreams of real estate salesmen and promoters of tourism.Caplinger Mills

Once Bagnell Dam was completed in 1931, a particular flavor of tourist development was created around Lake of the Ozarks, remnants of which may be seen along the old parts of Missouri Highway 7 and US Highway 54 that have been bypassed by newer roads. The Paytons give us color and black-and-white reproductions of tourist pottery, wood carvings, fieldstone cabins, and garish billboards, as well as the intense condo development that came in the past two decades.

Truman Dam and Truman Lake

Though the Corps of Engineers had opposed the construction of dams, including Bagnell Dam, by private companies, the Corps did not have a clear legislative mandate to build dams for flood control, hydropower, and irrigation, though it had always been engaged in construction and maintenance of levees and drainage of wetlands. In 1926, Congress asked the Corps to study 180 rivers and their tributaries to examine the feasibility of federal construction of reservoirs. The Corps’ report on the Osage basin, delivered in 1933, proposed dams on Pomme de Terre, the Osage River above Osceola, and the Grand River just north of its confluence with the Osage. In 1944, FDR approved the Pick-Sloan Plan for development of the Missouri River basin, and the dams on the upper Osage were among the 107 dams authorized.

Pointing out that “Civic organizations in Warsaw, Clinton and Osceola were convinced that a dam, any dam, anywhere on the Osage would guarantee prosperity,” the Paytons designate Haysler A. Poague, a judge in Clinton, as the “stepfather” of the Truman Dam. Poague became an advocate of one large dam at Kaysinger Bluff near Warsaw, rather than the two smaller dams proposed by the Corps in 1933.

A massive flood in 1951 convinced Congress and the public that spending money to put people to work and to control and store water was worth doing; the Paytons do not point out that the most severe drought in recorded history followed the 1951 flooding, which surely added to the public support for a water project. However, funding of the project was delayed other priorities—the Vietnam War and the War on Poverty, according to the Paytons—but the land acquisition and construction began in the mid-1960s. In 1972, just as work was beginning on the dam, the Environmental Defense Fund, the Missouri chapter of the Wildlife Society, and several other organizations and citizens, including Leland Payton, filed suit in federal court seeking to stop the construction of the project.

The National Environmental Policy Act of 1969 (NEPA) required federally funded projects to be preceded by meaningful environmental impact statements, giving environmentalists a tool to challenge the adequacy of the investigation of ecological impacts of projects. In the case of the Truman Dam, the opponents were concerned about the fate of the paddlefish, among other issues, and could also point out that the cost-benefit analysis provided by the Corps strained to show net economic benefits.

The final third of Damming the Osage depicts the political and legal wrangling over whether Truman Dam and its impoundment would be completed.
Missouri’s congressional delegation led by Senator Stuart Symington, members of the state legislature, and virtually all local officials, as well as chambers of commerce, supported the project, even though biologists and many farmers opposed it.

While the town of Clinton seems to have held its own, most of the Truman Lake area has continued to decline. Missourians have had to cope with the negatives. The Missouri Department of Conservation learned to raise paddlefish in hatcheries, so that they would not be extirpated in the Osage basin. Engineering oversights resulted in fish kills below Truman Dam and massive erosion below Stockton Dam on the Sac River, a major tributary of the Osage, which required additional land acquisition and bank stabilization.

During the same era, the Corps of Engineers’ will and ability to marshal support for dam projects seems to have ended. The Endangered Species Act of 1973 provided environmentalists with stronger arguments. After tremendous fights, Congress deauthorized dam projects on the Meramec River in Missouri and the Buffalo River in Arkansas, as elected officials listened to a broader swath of their constituents and began to question the wisdom of destroying the last few free-flowing rivers.

The Paytons have captured the spirit of the times the book covered. The text is thorough and the images are vivid. While Leland Payton was clearly opposed to the construction of Truman Dam, the positions of the proponents are fairly explained. Damming the Osage is an essential chronicle of how dams and reservoirs gain momentum and get built, even though they make sense perhaps for only a minority.Truman Dam

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Obtaining copies of Missouri surveys and plats online


Wilsons Lake plat

Getting a copy of an old subdivision plat or survey isn’t difficult, but it can require a visit to a county recorder’s office, which may or may not have the ability to print the plat or survey on one sheet of paper or to give it to you in electronic form.

Thanks to a website managed by the Missouri Department of Agriculture, called the “Land Survey Index,” https://apps.mda.mo.gov/molandsurveyindex/, anybody with an internet connection can search for recorded surveys and plats of land anywhere in Missouri and download the documents for a dollar each, plus a one dollar processing fee.

If you need a certified copy, you will still need to visit with the county recorder.

Timeshare resale scam uses my name. Ugh.


I received a call today from a man who claimed I advised him a few days ago send $800 to a timeshare resale company called Timeshare Concepts.

I told the man that I didn’t remember having spoken to him. He claimed that I had answered the phone and identified myself as Counselor Harry Styron when he called a number that Timeshare Concepts gave to him. Turns out the number he called was not my number. Today, he found my actual office number on the internet, dialed it, and got the real me.

My partner called the imposter’s number and a recording answered with “Counselor Harry Styron,” and promised to return the call. She didn’t leave a message, but has received several callback attempts.

I checked with the Missouri Attorney General’s consumer division and learned that scammers, some of them outside the US, are using names of individuals and businesses to gain credibility. I’m not flattered.

I wish I knew a legitimate timeshare resale company or some other option for disposal of timeshares by people who are unhappy with timeshare ownership.

 

Shooting on a Meramec gravel bar draws attention to uncertain property rights


The July 20 shooting on a gravel bar along the Meramec River,  downstream from the Highway 19 bridge south of Cuba, Missouri, has drawn attention to the uncertainties of the rights of floaters to be on gravel bars and areas adjacent to the river.  This section of the Meramec River, downstream from Maramec Spring, carries thousands of canoes, rafts and kayaks every year.

The reports of the shooting incident recount an argument between James Robert Crocker, apparently the owner of land along the river, and a group of floaters who had stopped on a gravel bar for the usual reasons. Crocker confronted the group of floaters. An argument ensued over whether the floaters were trespassing, according to Crocker’s statement to the police. Crocker shot one of the floaters, Paul Dart, who died on the way to the hospital.

On Monday, I received the first of several calls from the media. Kim Bell, a reporter for the St. Louis Post-Dispatch told me that somebody at the Missouri Department of Conservation told her that I was knowledgeable about issues relating to rights of property owners and persons using streams for recreation. The story that Kim Bell wrote for the Post-Dispatch’s online edition has been widely copied, and my flippant remark that Missouri doesn’t yet have a stand-your-gravel-bar law became the basis for a Post-Dispatch editorial that has also circulated around the internet and appeared in several newspapers.

Kim Bell accurately reported what I said, but part of my remarks appear to be a misstatement of law. I said, “You are on private property, but you have a right to be there if it’s a navigable stream and as long as you are on a gravel bar that is submerged during parts of the year, because it’s part of the stream bed.”

I should have also explained that the public’s right to be on a stream doesn’t depend solely on whether the stream is navigable. In Elder v. Delcour (1954), the Missouri Supreme Court held that the public has an easement over the Meramec River, even though it was not navigable:

we must and do hold that the waters of the Meramec River are public waters and the submerged area of its channel over and across appellant’s farm is a public highway for travel and passage by floating and by wading, for business or for pleasure, and that in traveling the course of the stream by canoe or wading, respondent was not a trespasser on the property of appellant.

Even though the Meramec River in Dent and Crawford counties has been determined to be non-navigable by the Missouri Supreme Court, it is still a public highway as a matter of law. A trespass does not occur by canoeing or wading on it. The issue of navigability has to do with ownership of the stream bed, not the right to be in a the bed of a stream. Neither the Missouri Supreme Court or the legislature have given us any clear way to determine whether any other stream’s waters are “public waters.”

To get to the heart of the dispute between Crocker and the floaters, what about the right to be on a gravel bar?  In Elder v. Delcour, the court cites another case for idea that the right to float on a stream includes other incidental rights:

The right to float is but a right of passage, and includes only such rights as are incident to the use of the stream for that purpose, and necessary to render such use reasonably available.

If people could not stop on a gravel bar to dump water out of a swamped boat, eat lunch or attend to calls of nature, the rights of passage would be greatly inhibited if not denied. But permissible incidental rights do not ordinarily include the right to walk outside the course of a stream  into pastures and woods,  dump litter, broadcast music, shoot fireworks, cut firewood, pilfer outbuildings and disturb livestock and human residents.

My essay on Missouri stream law is here.

Skills gap leaves Missouri manufacturing jobs unfilled


Manufacturing in the United States and the export of manufactured products from the United States is growing. If jobs could be filled, production and exports could rise. Nobody is opposed to products being manufactured in the US for domestic use and for export.

According to an article in St. Louis Today, citing a study by the Manufacturing Institute, with results confirmed by St. Louis area businesses, thousands of manufacturing jobs are going unfilled because of lack of qualified applicants. And technical colleges have additional capacity to provide the needed training.

After World War II, manufacturers of shoes, clothing, furniture and other products moved into the small towns and cities of the Ozarks, taking advantage of a surplus of mostly non-union, low-skilled workers. Manufacturers later arranged for their products to be made in Mexico and elsewhere in Latin American, then in Asia, seeking lower labor costs and less environmental and worker-safety regulation. Most towns in the Ozarks have vacant manufacturing facilities, even though transportation systems and location with respect to markets have never been better.

Universities and colleges are everywhere, offering all kinds of courses in residence programs and at satellite campuses, with opportunities for online education for students of all ages.

Where are the students who want to learn practical mathematics and how to operate computer-controlled design and manufacturing equipment? Some of them are in the military services. Others are working in unskilled jobs, never having become aware of their own potential to learn and earn. Others are in the gray-collar world of retail and services, where hours are long and wages and benefits skimpy.

While the St. Louis Today article blames the shortage of trainees for modern manufacturing jobs on the widespread acceptance of the value of a college education–as though the college credential had value even without skills to go with it–I’d place part of the lack of interest in manufacturing on the bad experience with manufacturing in the Ozarks. In the 50s, 60s, 70s and 80s, the manufacturing workers in the Ozarks experienced low wages and benefits, workplace injuries, frequent layoffs, and union-busting, ending with their abandonment (I am not forgetting that these low-wage jobs were better than no jobs and sometimes were the best jobs ever available in some communities for many people).

Manufacturers locating plants in the Ozarks asked poor communities for subsidies in the form of property tax abatement and general-obligation bond issues to for construction of facilities. Some plants polluted streams or left toxic wastes.

The manufacturing of today is much different. It’s cleaner and safer. Workers with training and skills can earn as much or more than many people who have college degrees and obtain as much or more job security. Here’s hoping that Missouri’s technical schools will be seen as the gateways to the good life, rather than an undesirable alternative to college.

Will Northwest Arkansas ramp up?


Successful businesses spawn–and depend on–other businesses. The scale of Walmart’s success has changed the face of Northwest Arkansas and spilled over to some extent in to adjacent areas. What next?

Matt Fifer and Grace Calloway sketch out a scenario of an astounding escalation in creation of opportunities for building on Walmart’s success: The Boom Ahead–Why Northwest Arkansas Could be the Next Silicon Valley.

Matt’s own career exemplifies what he’s writing about. I met Matt about five years ago, when he asked me to assist him with a small real estate deal in the Table Rock Lake area. He told me that he grew up in Stone County, Missouri, and had graduated from Reeds Spring high school. He worked for Walmart several years after college and rose through the ranks. He left Walmart not long before I met him and started a business called 8th & Walton, which teaches how to do business with Walmart. That business has grown steadily.

As this essay points out, if you can do business with Walmart as a vendor or service provider, you probably have the ability to do business with other large companies. Because so many companies located in Northwest Arkansas have honed their skills in product development and marketing by learning to do business with Walmart, the next stage may be for venture capitalists to move in and provide the funding that will allow many new efforts to succeed.

Missouri governor signs HB1103, giving courts power to order maintenance of “private roads”


The Missouri General Assembly enacted HB 1103 in the past 2012 regular session, which explicitly grants circuit court judges the authority to impose financial responsibility for maintenance of certain “private roads” onto parcels of real estate that benefit from these roads. Governor Nixon signed the bill into law on July 12, 2012.

There are many problems with rural roads in Missouri. Simple questions–such as determining who owns the road, whether it is a subject to property taxes, who has the right to use it, and who is obligated to pay for its maintenance–are often impossible to answer.

HB 1103′s provisions regarding private road maintenance change section 228.368 RSMo and add three new sections to Chapter 228 of the Revised Statutes of Missouri. This legislation is an attempt to solve the problem of nobody stepping forward to pay for road maintenance in situations in which no provision was made when the road was created. But its definition of “private road” greatly limits its applicability.

According to the new section 228.341, a “private road” means “any private road established under this chapter or any easement of access, regardless of who created, which provides a means of ingress and egress by motor vehicle for any owner or owners of residences from such homes to a public road. A public road does not include any road owned by the United States or any agency or instrumentality thereof, or the state of Missouri, or any county, municipality, political subdivision, special district, instrumentality, or agency of the state of Missouri.” Got that?

Read the rest of this entry

Great food in an unexpected location: Sparta’s Mossy River Pie Hole


Image

I felt that the words above the window were speaking directly to me.

I couldn’t help but pull over while I was on one of my noontime foraging expeditions on the east side of Ozark, Missouri.

Set up under a shade tree at the corner of Missouri highways 14 and 125 in Sparta, about eight miles east of the Ozark WalMart and US 65, Gjetta Moss has just started her second month serving delicious lunches and suppers.

I keep coming back for more. Today I had lemonade from just-squeezed lemons, which paired perfectly with a BLT and peppery coleslaw.

Despite a couple of college degrees and years of restaurant experience, Gjetta hasn’t found the job she needs. She’s trying the time-honored bootstrap method of making her way in the world, keeping the overhead low and the quality of the food as high as she can make it, served with a big smile.Image

Court forces Missouri church to pay its attorney

Posted on

There’s nothing less spiritual than a bill from a lawyer, except a judgment against the church in favor of a lawyer who sued a church for an unpaid fee.

Lawyers and courts are worldly by their very nature. While churches and courts want to do what is right, they have different standards for determining rightness. The Missouri Court of Appeal’s decision in Teasdale & Associates v. Richmond Heights Church of God in Christ demonstrates just how differently courts and a church Read the rest of this entry

St. Louis area stormwater charge is affirmed as illegal tax


Judge Mooney’s dissent notes the enormous cost of dealing with rainwater in urbanized areas, but the other two members of the Missouri Eastern District Court of Appeals were not moved to overturn the trial court holding that a stormwater charge was an illegal tax, not a lawful user fee. The appellate opinion is Zweig v. Metropolitan St. Louis Sewer District.

Under Missouri’s Hancock Amendment, no tax may be imposed without voter approval. Since voters (and non-voters) insist on receiving government services beyond their willingness to tax themselves, governmental units may try to dress a tax in the guise of a service charge. MSD’s monthly stormwater did not pass the “Keller test,” which comprise five criteria that the appellate court characterized (adopting the words of former Missouri Supreme Court justice John Holstein) as “so vague and manipulable that they necessarily result in repetitive litigation and are ultimately unworkable.”

Regardless, the majority for the Eastern District found that at least two of the Keller criteria were not met, since the charge is applied to MSD customers whose rainwater drains outside the MSD area and because the charge is applied without a direct relationship to the service provided. The appellate court accepted the trial court’s conclusion that gave credibility to expert testimony that indicated that there was no relationship between area of impervious surface and stormwater runoff; impervious surface area was the basis for the amount of the charge.

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