Category Archives: water law (streams, lakes and groundwater)

More confusion for Missouri boat dock law


Boat docks, like other properties along Missouri’s lakes, are valuable and jealously guarded by those claiming ownership or rights of use.

The law of boat docks is a muddle, perhaps due to the historic lack of clarity as to whether a boat dock is real property (land and the things attached permanently to it) or personal property (anything but real property), which is generally portable.

The Missouri legislature attempted to resolve that issue for the purposes of appraisal and mortgage lending with the enactment of  HB 842, sponsored by Rep. Dennis Wood, whose legislative district encompasses Table Rock Lake.

Signed by Gov. Nixon on July 7, 2009 and effective August 28, 2009, this new law defines “boat dock” as “a structure for loading and unloading boats and connecting real property to water, public or private.” In addition, “a boat dock is real property and has riparian rights,” provided: Read the rest of this entry

Federally-managed Ozarks rivers require protection, even abstinence


How and how much protection to give the Jacks Fork, the Current and the Buffalo rivers is much on the minds of people in and around the Ozarks this summer. Those of us whose memories of these treasures span several decades are sad about the effects of overuse and unwise use.

As the National Park Service (NPS) gathers public comments in formal planning meetings and in writing, those united in loving these rivers have diverse and sometimes incompatible desires for how these rivers and the land along them will be managed. With long stretches of these rivers owned by the federal government and managed by the NPS (which also manages easements along the rivers and regulates outfitters), it’s appropriate that the NPS find out how citizens want these shared resources to be managed.

As individuals, we each have our own ideas about our relationship with the natural world and different comfort levels with sharing, and these ideas change somewhat over time, in response to our experiences, our scientific knowledge, our age-appropriate preferences in recreation, and even our financial situations.

Those who formulate policies have to formulate policies that will probably not make any of the various stakeholder groups happy, but will assure that the members of these groups will keep on using the resources so that federal funding will be maintained.

Ozark National Scenic Riverways General Management Plan

For the Jacks Fork and Current rivers, which are in the Ozark National Scenic Riverways, the NPS has prepared a document called “Preliminary Alternatives” which helpfully sets out four alternatives for the management of these rivers and a zoning system that would protect ecological systems and human experiences by limiting uses (for example, limiting horse access to designated trials and fords and limiting the size of boat motors in particular stretches of the rivers during specified seasons).

I urge you to study the Preliminary Alternatives document carefully before commenting. You can read a summary and the entire Preliminary Alternatives document and make your comment by going to this page.

For the Ozark National Scenic Riverways General Management Plan, the official public comment period remains open until July 31, 2009, and some time after that the NPS will select one of the alternatives, or some combination of them.

Buffalo National River General Management Plan

For the Buffalo River in Arkansas, which is managed by the National Park Service as the Buffalo National River, the planning process is in the early stages. This summer, the NPS has been holding public meetings to gather comments before preparing a document that will probably resemble the Ozark National Scenic Riverways’ Preliminary Alternatives.

For this stage in the planning process, the comment period closes August 31, 2009. The newsletter describing the planning process, including a schedule, can be found here.

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On the Fourth of July, I went floating on a river that is within 50 miles of the largest city in the Ozarks. The river was nice. I saw only two canoes other than the ones in my group. Had we been on a federally-managed river, there would have been a crowd.

With respect to the Jacks Fork, the Current, the Eleven Point, and the Buffalo, the best policy–and the least expensive–might be abstinence or at least restraint.  Instead of floating four times per year, go twice. Send your outfitter the money that you would have spent.

Water + animosity = punitive damages

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Bad fences make bad neighbors, especially if the neighbors start retaliating. Then it escalates.  They lawyer-up and make things even worse.

Greg and Lisa lived next to Tim on large tracts in a suburbanizing area southeast of Kansas City. They talked about building a fence on their common boundary, where a ditch looped from Greg’s and Lisa’s property onto Tim’s for 50 feet, then came back to Greg’s and Lisa’s property.

Tim put up “no trespassing” signs after seeing Greg and his son walking along the property line. “Somebody” shot the sign with a shotgun Read the rest of this entry

Table Rock Lake and the cost of economic activity

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Kathleen O’Dell’s article about the economic impact of Table Rock Lake in today’s Springfield News-Leader, entitled “Table Rock Dam Gives Much Back to Area,” covers a lot of ground in describing the various kinds of economic activities that are related to the construction and continued existence of Table Rock Lake.

In an economic sense, is the Table Rock Lake area fit (efficient and nimble) or obese (expensive to maintain and subject to falls)? As pointed out below, the two counties most affected by Table Rock Lake have experienced the area’s lowest growth in Read the rest of this entry

Private dam not grandfathered from safety regs

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Because the possibility that a dam could break is a continuing risk, an old dam isn’t exempt from newer rules for dam safety. So said the Missouri Supreme Court in an opinion released on May 5, 2009, reversing the ruling of a Springfield trial judge.

The trial judge threw out a suit filed by the Missouri Attorney General against the Olives, who had purchased a farm with an old dam on it. The suit alleged that the Olives violated the Missouri dam and reservoir safety law by failing to register the dam with the Missouri Dam and Reservoir Safety Council, a state agency. The dam was built in 1974, five years before the dam and reservoir safety regulations went into effect.

Registration of a dam triggers the implementation of a safety program and requires the submittal of an as-built survey of the dam. In other words, registration is the beginning of a process that allows the Dam and Reservoir Safety Council to keep track of the dam, make requirements for maintenance and repairs, and review any proposals for modification of the dam.

The trial judge’s decision was based on two points Read the rest of this entry

It’s time to enjoy Ozarks creeks, legally


Many canoeists, like these, are ignorant of Missouri law, and couldn't care less.

Many canoeists, like these two, are ignorant of Missouri law and couldn't care less.

Much of the fun in the creeks of the Ozarks is good, clean fun. But it’s not always legal.

Figuring out what is a legal use or behavior with regard to creeks and streams isn’t always easy, because several different federal and state agencies administer a confusing and overlapping bunch of rules. And what folks think they know that just ain’t so would fill a lake.

I’ve added a permanent page here called “Missouri water law primer: streams”  which I hope will help. Please comment to let me know if you know of something that I might add or clarify. I’m also planning to  add other pieces relating to water wells and groundwater and lakes and boat docks.

My brother Emery Styron publishes, online and in print, a monthly newsmagazine, River Hills Traveler, and Guides and Outfitters, which is a statewide (for Missouri) directory of canoe outfitters, campgrounds, hunting and fishing guides, etc., with links to river and lake levels, and other useful and interesting information.