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Show Chapter 25. MISSOURI CONTENTS Page 1. Development of Missouri Water Law__________________________ 437 2. State Organizational Structure for Water Administration and Control- 438 2.1 Administration of Water Rights_______________________ 438 2.2 Resolution of Water Use Conflicts_____________________ 440 2.3 Other Agencies Having Water Resource Responsibilities____ 440 3. Surface Waters___......_________________......____________ 442 3.1 Method of Acquiring Rights __......__________________ 442 3.2 Nature and Limit of Rights__________________________ 443 3.3 Changes, Sales, and Transfers_________________________ 444 3.4 Loss of Rights_____________________________________ 445 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 445 3.6 Springs__________________________________________ 445 3.7 Diffused Surface Waters_____......________......_____ 445 4. Ground Water....._________________________________....._._ 447 Publications Available________________________________________ 447 DISCUSSION 1. Development op Missouri Water Law Missouri enjoys a substantial water supply. In addition to ample rainfall in most areas of the State, there are many rivers-some of which contain large quantities of water. As the settlement and development of the State progressed, water use increased. In defining the rights to watercourses in the State, the Missouri courts adopted and applied the riparian doctrine of water rights. This doctrine recognizes in each riparian landowner the right to have the water flow across his land, undiminished in quantity and unimpaired in quality, subject to reasonable use by other riparian owners, but it does not appear that the extent of use permissible by a riparian landowner has ever been fully defined by the Missouri courts.1 The only other class of surface waters to receive any extended attention by Missouri courts is diffused surface waters. The problems which have arisen concerning these waters have related to disposal rather than rights of use. Subject to certain limitations, each land- owner has the right to fend off surface water as he sees fit without regard to the consequences to other landowners.2 There is very little decisional law in Missouri relating to ground water. However, the Missouri courts have stated that the same rules govern underground streams as govern waters in a surface watercourse. With respect to percolating ground water, it has re- cently been held in Missouri that each landowner is entitled to make a reasonable use of this source of water for the beneficial enjoyment of his land.8 1 Comment, The Bights of a Riparian Landowner in Missouri, 19 Missouri Law Review 138 (1954) ; Bollinger v. Henry, 375 S.W. 2d 161 (1964). 2 Snodgrass and Davis, The Law of Surface Water in Missouri, 24 Missouri Law Review 137,281 (1959). s Higday v. Nickolaus, 469 S.W. 2d 589 (K.C. Ct. app. 1971). 437 |