Missouri Stream Access Law, One More Time

[Mitch f]

As I was walkin' - I saw a sign there

And that sign said - no tress passin'

But on the other side .... it didn't say nothin!

Now that side was made for you and me!

Woody Guthrie

I love Woody Guthrie, have many of his songs on my iPhone

[FishinCricket]

That sign looks like it could be hungry for a high velocity tater.

Hopefully that'll be happening on one of those days when the Evergreen Police is off mending fence rows or mowing easements or something, I'd hate to hear of any trouble goin on....

[Daryk Campbell Sr]

That sign looks like it could be hungry for a high velocity tater.

Just be careful with those tater guns. Been a few months, A small time ago I read in the local paper, a couple of kids/teens were playing with a potato gun, (they used another name) and were to be charged with a possible FELONY for discharging a FIREARM inside of city limits. I do not know what the final verdict was, and I understand the definition of Firearm in the state of MO, and it does include the mechanics of a potato gun, but a FELONY seems to me to be outragous. City was Arnold, MO for those wondering. The paper was the Jefferson County Leader.

Long and short, since it lists a police dept, not County Sherriff (which this may be), use caution. Small towns don't like outsiders as it is. Felony is for life.

[OzarksRiverman]

This aggregious attempt to impugn my rights as a stream fisherman(sarcasm) is taking place at Lindenlure on the Finley Creek. I went down there last week to check out the water temps and make a couple casts and found this nonsense. I'm a young guy, so I haven't had much experience with land owner encounters--apart from one of my favorite creeks to wade has had a barbed-wire fence strung across it, but I know this ain't right.

To those unfamiliar with Lindenlure, there is a 'neighborhood' adjecent to the 'lake' that is created by the old dam. No doubt that the homeowners there have had to put up with years of loud partiers, but that shouldn't give them the right to cut off my access to wade fishing or floating this creek if I want to.

I regularly fish the Finley far upstream from Linden, and I'd like to know if I can be hassled if I'm within this vague "within the high water mark" safe-zone? if I'm just quietly fishing by myself (or with a couple others for that matter)?

What the hell is navigable? In my mind there is absolutely no doubt that Finley should be considered navigable. I love history, but how am I supposed to know the long-forgotten commercial past of these Ozark streams?

[drew03cmc]

OR, let me tell you that by the letter of the law, you would be legal and they would be illegal. However, in these situations, they are likely to press tresspassing charges like they did to Chief, and he was on a stream that is a little larger than that. The landowners believe they own it all and keep you out, where if you access from an MDC access or a county or state maintained bridge, you are legal below the high water mark. In any confrontation, it is best to yield to them, knowing full well that if Johnny Law is called, you are wrong, and you are likely getting served papers. I hate it, and wish someone would have the coin to challenge one of these cases all the way to the top and get a firm law made that agrees with Elder v Delcour. I am contemplating this same fight in Kansas, where the state has ruled in favor of the landowners three times in the last fifty years.

[ozark trout fisher]

This aggregious attempt to impugn my rights as a stream fisherman(sarcasm) is taking place at Lindenlure on the Finley Creek. I went down there last week to check out the water temps and make a couple casts and found this nonsense. I'm a young guy, so I haven't had much experience with land owner encounters--apart from one of my favorite creeks to wade has had a barbed-wire fence strung across it, but I know this ain't right.

To those unfamiliar with Lindenlure, there is a 'neighborhood' adjecent to the 'lake' that is created by the old dam. No doubt that the homeowners there have had to put up with years of loud partiers, but that shouldn't give them the right to cut off my access to wade fishing or floating this creek if I want to.

I regularly fish the Finley far upstream from Linden, and I'd like to know if I can be hassled if I'm within this vague "within the high water mark" safe-zone? if I'm just quietly fishing by myself (or with a couple others for that matter)?

What the hell is navigable? In my mind there is absolutely no doubt that Finley should be considered navigable. I love history, but how am I supposed to know the long-forgotten commercial past of these Ozark streams?

Yes, the landowner is almost certainly in the wrong there...No doubt that stream is floatable. Doesn't mean they couldn't cause you considerable trouble though. That is just the sad reality.

[ColdWaterFshr]

No -- you guys are actually in the wrong and are on the "wrong side of the Christian County line" as the song goes. I grew up in Springfield and that area really is all private property and has been for years. I used to trespass on foot above Linden, but I was sneaky about it. If you want to trespass, I say go for it, but know that you assume the risks. Its not navigable above Linden. It is, but not really in the broader sense. Its a seasonal creek up there.

[exiledguide]

I can't get an answer from anyone. Didn't the state of MO pass a law makeing it a criminal offense to interfere with anyone legaly hunting or fishing in the state of MO. It was passed as a protection against PETA. Or has that been repealed or was it never passed?

[OzarksRiverman]

No -- you guys are actually in the wrong and are on the "wrong side of the Christian County line" as the song goes. I grew up in Springfield and that area really is all private property and has been for years. I used to trespass on foot above Linden, but I was sneaky about it. If you want to trespass, I say go for it, but know that you assume the risks. Its not navigable above Linden. It is, but not really in the broader sense. Its a seasonal creek up there.

I've got to disagree with you here. You say that it's not navigable above Linden...It's a seasonal creek. I do a lot of fishing between Olga and Johns Ford--It is not a seasonal creek, I've floated it with minimal dragging on the first week of November. I've even floated down to Olga from Z Hwy, not in the winter, but in late summer.

An honest question: How do you, personally, use this particular creek's characteristics to make the judgement that its not a navigable waterway?

FWIW, I got permit checked by a warden at Olga last summer, and when asked he said he would classify it as navigable, but that's just one guy's opinion...

[drew03cmc]

No -- you guys are actually in the wrong and are on the "wrong side of the Christian County line" as the song goes. I grew up in Springfield and that area really is all private property and has been for years. I used to trespass on foot above Linden, but I was sneaky about it. If you want to trespass, I say go for it, but know that you assume the risks. Its not navigable above Linden. It is, but not really in the broader sense. Its a seasonal creek up there.

Not to disagree, but to outright say you are wrong, the water is public. Any county or state maintained bridge is a public access and as such, it is unlawful to infringe upon you enjoying the state's public waters. Sorry to tell you this, but you were only trespassing if you were above the high water mark. You were well within your legal right to wade fish the creek both above and below Linden.