In Missouri, House Bill 955 has created some controversy and confusion over who can float and wade in the streams and rivers in the state. This confusion is not new.
The bill contains this language: “If a watercourse is non-navigable, the bed of the watercourse belongs to the riparian owner of the land.”
On face value, this would seem to mean if you are standing in the stream bed, you are trespassing. This is exactly what everyone is worried about.
But the bill’s sponsor, Rep. Robert Ross, said his bill only puts into state statute the rules that already exist under Missouri law related to a person’s right to float on state streams and rivers. And a local attorney and expert on Missouri water law, Harry Styron, agrees. Styron says HB 955 just states what the existing law already is.
What seems to really define the rights of a floater or fisherman is a Missouri Supreme Court case from 1954, Elder v. Delcour, that ruled streams are like public highways, guaranteeing the public’s right to float and fish on them. In a recent local dispute over stream use, a Christian County prosecutor said if you’re in the waterway below the high water mark, you’re legal. In other words, you have the right to be there, but you can’t go above the high water mark.
So what is the high water mark? Basically, it is the top of the bank. Above the high water mark is usually grass and vegetation. So, if you are in the stream, on a gravel bar or on shore next to the stream, you are probably not trespassing, but if you proceed onto a grassy field or into woods beyond the stream channel, you probably are trespassing.
While defining what the law allows and does not allow is needed, I think a little common sense, courtesy and respect will make stream use enjoyable not only for the floaters and fishermen but also for the landowner. And Rep. Ross indicated he plans to amend his bill to specifically include the protections outlined in Elder v. Delcour.
Hopefully, the public can continue to enjoy our waterways while we also protect the rights of our landowners.
—David Casaletto, Ozarks Water Watch[[In-content Ad]]
