Navigable Waters

[steve l]

There has been discussion in various river forums about whether "navigable waters" applies to the usual rivers we fish/canoe, typically around access or ability to camp on gravel bars.

Interesting that in this case that the Lake of the Ozarks was ruled to be not navigable waters for the purpose of the federal charges.

Not sure if this is behind the paywall or not so here is a portion of the article.

• The indictment also said Lanham, the general manager of Ride the Ducks in Branson, and Baltzell, the supervisor, did not properly monitor the approaching storm and the risks it posed for passengers on the lake.

• The federal charges hinged on whether Table Rock Lake was considered a "navigable waterway"; in other words, whether it supported commercial activity like shipping.

• Defense attorneys in the case filed a motion to dismiss the indictments, arguing that federal law does not support the criminal charges against their clients because Table Rock Lake was not navigable.

• Rush and Harpool agreed with that analysis. Rush said in his recommendation that if the defendants were to be prosecuted, it should happen at a Missouri state court.

https://www.stltoday.com/news/local/state-and-regional/judge-dismisses-criminal-case-in-2018-table-rock-lake-duck-boat-disaster-that-killed-17/article_5cbaf038-7ab4-51a3-ac55-449ad0c04326.html#utm_source=stltoday.com&utm_campaign=%2Fnewsletter-templates%2Fbreaking&utm_medium=PostUp&utm_content=0c55afc72040c5c7eb7d918f24fb300faaa89dfa

 

 

[tjm]

I have read a long time ago that under Federal laws Mo. has three navigable rivers, the Mississippi, the Missouri and the Grand. I don't recall all the case law but the gist is that these determinations were made at or before statehood. Our other streams may be designated "public thoroughfares" based on historical commercial use or other factors.  I think all cases  stemming from this event  would be  in Missouri jurisdiction, unless a state line was crossed? That doesn't mean they can't bring charges and hold hearings and dismiss a hundred times just to keep the dockets full and lawyers making fees.

[Al Agnew]

1 hour ago, tjm said:

I have read a long time ago that under Federal laws Mo. has three navigable rivers, the Mississippi, the Missouri and the Grand. I don't recall all the case law but the gist is that these determinations were made at or before statehood. Our other streams may be designated "public thoroughfares" based on historical commercial use or other factors.  I think all cases  stemming from this event  would be  in Missouri jurisdiction, unless a state line was crossed? That doesn't mean they can't bring charges and hold hearings and dismiss a hundred times just to keep the dockets full and lawyers making fees.

Yup.  The whole phrase "navigable waters" is usually totally misunderstood.  As you said, the Mississippi, Missouri, and short sections of the lower ends of the Grand, and I think a couple other rivers (the lower end of the Gasconade might be one) are the ONLY navigable waterways in Missouri.  They are FEDERALLY navigable, and that designation means that they are governed by different rules than any other waters in the state.  This includes the fact that on those waters, property owners own only to the top of the river's alluvial banks.  With all other Missouri streams, the landowner owns the bottom of the stream to the center line of the channel.  I would have thought, however, that the Corps of Engineers has "ownership" of the water on any lake that it built.  Lake of the Ozarks, however, was built by Union Electric Company, so that throws another monkey wrench in the legalities of it.

As we've discussed here before, all the floatable Ozark streams are governed by the MO Supreme Court case, Elder v Delcour, which basically gives the public an easement to use them (including using the gravel bars and stream bottom), even though the landowner owns everything but the water.

 

[tjm]

1 hour ago, Al Agnew said:

however, that the Corps of Engineers has "ownership" of the water on any lake that it built. 

Al, if the corp does own the land the lake is built on, does that not just make them a landowner in the state and thus subject to the state laws? Or would they be exempt from state laws and all crimes committed on Corp property be Federal crimes? that's a thought I hadn't considered.

[Al Agnew]

8 hours ago, tjm said:

Al, if the corp does own the land the lake is built on, does that not just make them a landowner in the state and thus subject to the state laws? Or would they be exempt from state laws and all crimes committed on Corp property be Federal crimes? that's a thought I hadn't considered.

Good question...but in practice, the state water patrol and county law officials are mainly responsible for enforcing the laws, whatever they are.

[MOPanfisher]

The waters of COE lakes are considered to be waters of the State.  All state and local laws apply and are enforced by state and local authority.