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Show Missouri 439 It should be noted that the State geologist is also authorized to make a survey of the water resources of the State, including under- ground water supplies.9 C. REGULATION OF DAMS There is some regulation of dam construction in Missouri. Dams may ibe constructed across nonnavigable streams to operate mills and to generate electric power, when the person or corporation is the owner of land on one side of the watercourse. But a petition must be filed with the circuit court of the county in which the dam is to be located, prior to construction. Provision is made for the con- demnation of one acre of land on the other side of the stream to accomplish the construction.10 The court must, in addition to fixing damages caused by the inundation, deterimne that the dam will not flood dwellings, gardens, or orchards and will not have a material adverse effect on the health of the neighborhood. Conditions may be imposed to protect navigation and the passage of fish. The dam must be commenced within 1 year and completed within 3 years, or the land condemned shall revert to the original owner.11 An initial find- ing that there will be no damage from the construction and opera- tion of the dam does not foreclose an action for damage which occurs after the dam is constructed. The right to maintain the dam is subject to the condition that it in no way will interfere with subsequent improvements in aid of navigation or impair the public health. Dams constructed as author- ized by the act will be protected against impairment from dams sub- sequently constructed.12 There are procedures to stop construction of dams which have not complied with the terms of the act, and any person injured by the unauthorized construction of a dam is entitled to collect double damages for the injury. However, the statute confirms the use of dams which have been in existence for more than 30 years, even though such dams are not used for mill purposes or the generation of electric power.13 A Missouri court has ruled that the double dam- age provision of the act does not apply to temporary fills or dams and that the purpose of the act is to promote construction of mills and to protect the owners of land along a waterway from any damage they might suffer because of the construction of a permanent dam.14 This act also grants the owner of land across which a bend of a river extends the right to tunnel through the bend to create a waterfall for the generation of electric power for sale to the public. Condemnation proceedings are authorized to establish the damage which will occur to other riparian owners by this action, but the domestic and stockwatering rights of other riparian owneis cannot be impaired.15 8 Missouri Rev. Stat, sec. 256.060. » Missouri Rev. Stat, sees. 236.010 to 236.150. "• Missouri Rev. Stat., sees. 236.160 to 236.190, 236.230. 13 Missouri Rev. Stat., sees. 236.210, 236.220, 236.260. 13 Missouri Rev. Stat., sees. 236.240 to 236.255, 236.270. " Rector v. Tooin Construction Co., 351 S.W. 2d 816 (St. L. Ct. app. 1961). 13 Missouri Rev. Stat., sec. 236.280. |