Members Corky 69 Posted September 22, 2014 Members Posted September 22, 2014 On a navigable river the public has the right to use the river up to the ordinary high water mark. The “ordinary high water mark” is defined as, "that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas." Consider the rivers in Southeast Missouri. They can drop as much as 18 inches during the dog days of summer, creating a vast amount of land below the ordinary high water mark for camping, swimming and relaxation. Thus, if a recreational user enters the stream legally, according to the aforementioned legal precedents, that user has the right to use the river bank up to the line of the “ordinary high water mark.” Once again, the public has no right to cross private property to get to the gravel bar, the river or any other natural area. By acting responsibly, landowners and recreational users can come to terms regarding access rights. By choosing not to take matters into their own hands and educating themselves on legal precedence, disagreement will become a thing of the past and everyone can "own the stream" together.
fishinwrench Posted September 22, 2014 Posted September 22, 2014 There is certainly no gray area in regards to gravel bars on the Niangua, and if there are (by landowners understanding) then it is self induced. But there may be a gray area in regards to Blue Spring itself since I'm not 100% sure that I can legally travel to its basin....even though the "high water mark" certainly takes me there. Thoughts ?
GloryDaze Posted September 22, 2014 Posted September 22, 2014 There is certainly no gray area in regards to gravel bars on the Niangua, and if there are (by landowners understanding) then it is self induced. But there may be a gray area in regards to Blue Spring itself since I'm not 100% sure that I can legally travel to its basin....even though the "high water mark" certainly takes me there. Thoughts ? You know Wrench, I'm not sure that would be considered the high water mark. Simply because the spring itself has that slight burm around it that is right next to that creek. I have been to the spring but quite honestly felt like I may have been trespassing. Let me put it this way, if the owner approached me while I was at the spring I'm not sure I would have a strong enough case to prove I wasn't trespassing. Follow me on Twitter @DazeGlory
Al Agnew Posted September 22, 2014 Posted September 22, 2014 I would consider the spring itself, and the spring branch to be private. I would be very uneasy about walking up the branch itself more than a few feet from the river. I've been there but it's been a very long time and I don't remember much about it, but I would think that actually walking up to the spring however you did it would be trespassing. That's sad, in a way. The larger springs of the Ozarks should really be open to public visitation, in my opinion, because many of them are interesting and beautiful, and there aren't many other places in the country that can boast of such natural wonders. But I very much understand the viewpoint of the owners of those in private ownership.
GloryDaze Posted September 23, 2014 Posted September 23, 2014 I have a great picture standing at waters edge looking up into the spring. I can't figure out how to get it posted, but think it would be cool to post and then it would be an easy discussion on water level marks. Follow me on Twitter @DazeGlory
GloryDaze Posted September 23, 2014 Posted September 23, 2014 https://flic.kr/p/mSTzY2 Here is the link.... what do you think. You can see the spring is on the right just past the bridge. There is a creek running along the left side. If you look at the bottom of the pic you can see the gravel bar Follow me on Twitter @DazeGlory
fishinwrench Posted September 23, 2014 Posted September 23, 2014 According to the paddlers guide you can. It states that the "resort" is private though (not an access).
Goggle-Eyed Posted September 24, 2014 Posted September 24, 2014 I paddled a jon boat and canoe in there many times before the bridge collapsed! Going in there in January was some great fishing! I haven't even tried it since Jon sold the "Resort". I think the whole High Water mark argument would get very sketchy in a legal sense. I am afraid I have to agree with Al on the trespassing part. It sucks and I would never Trespass in the spring on a 103 degree August day... Joe
fishinwrench Posted September 25, 2014 Posted September 25, 2014 I would never Trespass in the spring on a 103 degree August day... Joe Yeah I wouldn't go in there on a cold Winter day between June and August either. It just ain't worth it.
Goggle-Eyed Posted January 2, 2015 Posted January 2, 2015 Yep, created an account logged in made one post and hasn't been active since... I am sure they were here to learn more about "their" property!!!!
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