Missouri Fresh Water Use and Limitations

State:
Multi-State
Control #:
US-OG-798
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

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FAQ

Missouri is a riparian water law state, and all landowners touching or lying above water sources have a right to a reasonable use of those water resources. Recent case law has established the reasonable use criteria that the State Supreme Court has been following.

The owner of a proposed new dam 35 feet or more in height is required to obtain a construction permit to build the dam and a safety permit to operate the dam and reservoir.

Missouri and Kansas residents may be drinking unsafe amounts of arsenic, nitrates and other chemicals ? even if their provider is meeting federal drinking water requirements, ing to data published Wednesday by an environmental group.

On public, navigable streams, property lines end at the high-water mark. The area inside the high-water marks is public property. Although all of this may seem clear-cut, opinions can vary dramatically about how to classify a particular stretch of stream and where the high-water marks lie.

Missouri case law (known as Common Law) basically says landowners whose land borders a stream can pump a "reasonable amount" of stream water.

Missouri Clean Water Law (Chapter 640, RSMo and Chapter 644, RSMo) ensures the state's water quality meets federal standards. The department issues licenses, certifications and permits to make sure sources of water meet all federal and state regulations.

The Corps also maintains the navigation channels on the Missouri and Mississippi rivers. A person who owns the streambank and the streambed (called a ?riparian owner?) has the right to take water from the stream for use on the riparian property, such as to fill a stocktank or irrigate crops.

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Missouri Fresh Water Use and Limitations