Title XIV — ROADS AND WATERWAYS

236.010. Dams across nonnavigable streams — who may erect. — Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, may erect a dam across any watercourse, not being a navigable stream, if su…

236.020. Owner of land on one side of stream may erect dam. — Any person or corporation chartered and organized to construct, operate and maintain mills, electric power and light works, or other machinery, being the owner, in fee simple, of the land on one side of such watercours…

236.030. Petition to be filed in circuit court — contents. — In the case supposed in section 236.010, the person or corporation proposing to erect a dam shall file a petition in the circuit court of the county in which it is proposed to erect such mill, electric power and light w…

236.040. Additional information to be set out. — In the case supposed in section 236.020, the person or corporation proposing to erect a dam shall file a petition as provided in section 236.030, and in addition thereto shall set forth: (1) The name and place of residence of the o…

236.050. Petition, where filed. — Such petition shall be filed in the circuit court of the county within which the petitioner proposes to erect such mill, electric power and light works, or other machinery. ­­-------- (RSMo 1939 § 10290) Prior revisions: 1929 § 9161; 1919 § 7403;…

236.060. Writ of ad quod damnum. — Upon filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued, under the seal of the court, directed to the sheriff, commanding him to summon twelve fit persons of his county to meet at the place wher…

236.070. Duty of sheriff in executing writ. — The sheriff shall attend the jury on the day and at the place appointed, and upon full examination, inquire by such jury: (1) What damage each proprietor will sustain by reason of inundation consequent upon the erection of the dam, as…

236.080. Acre of ground to be set apart, when. — In the case supposed in section 236.020, the sheriff shall further inquire by the jury the value of the acre of land mentioned in the prayer of the petition, and set apart the same by metes and bounds. ­­-------- (RSMo 1939 § 10293…

236.090. Proprietor to be notified of the inquest. — In such case the sheriff shall give the proprietor of the land whereof one acre is prayed for, a reasonable notice of the time and place when and where he will take the inquest of the jury, if such proprietor be in his county, …

236.100. Sheriff and jury may act in adjoining county. — The sheriff and jury may enter and act in an adjoining county when necessary to the discharge of their duties. ­­-------- (RSMo 1939 § 10295) Prior revisions: 1929 § 9166; 1919 § 7408; 1909 § 5465

236.110. Inquest to be in writing. — The inquest of the jury shall be reduced to writing, signed by each of the jurors, and returned by the sheriff, together with the writ and a statement of the manner in which he executed it, into the court whence it issued, without delay. ­­---…

236.120. Proceedings on return of inquest. — Upon the return of such inquest and writ, any person aggrieved by the verdict of the jury may file his objections to the proceedings under such writ, and to the verdict, and show cause why the proceedings should be quashed and the verd…

236.130. Issues to be tried as in civil cases. — The court may thereupon direct issues to be made up and tried as in other civil cases, and if good cause be shown therefor, the court shall quash the proceedings and set aside the verdict. ­­-------- (RSMo 1939 § 10298) Prior revis…

[Repealed or reserved.]

236.150. Court may order new writ. — The court, on motion, may order a new writ of ad quod damnum to issue, for the purpose of having the damages assessed according to law. ­­-------- (RSMo 1939 § 10300) Prior revisions: 1929 § 9171; 1919 § 7413; 1909 § 5470

236.160. Court may enter order to erect dam, when. — If no objections be filed to the proceedings under the writ or to the verdict of the jury, and it shall appear to the court, upon a view of the inquest, that the mansion house of any proprietor, or the outhouse, curtilages or g…

236.170. Court shall include in its order, what. — When the party petitioning prays for an acre of land whereon to abut his dam, the court shall include in its order, if the petition is granted, a judgment vesting the title of such acre of land in the party petitioning, his heirs…

236.180. Privilege to erect subject to certain conditions. — The judgment and order authorized by sections 236.160 and 236.170, and the rights and privileges thereby granted, shall, in all cases, be upon and subject to the conditions following: (1) Such conditions in reference to…

236.190. Land decreed for mill privileges to revert, when. — In case of noncompliance with any of the conditions concerning the building, rebuilding or repairing, where the land of another shall have been adjudged by the court for the purpose of an abutment, the same shall revert…

236.200. Height of dam, how increased. — Any owner of any dam or mill, electric power and light works, or other machinery, erected by virtue of this or any previous law, may increase the altitude of his dam by permission of the court, under and by the same proceedings, regulation…

236.210. Inquest not to bar right of action, when. — The inquest of the jury, or the order and permission of the court founded thereupon, shall not bar any prosecution or action for injuries caused by the erections herein contemplated, except such as were actually foreseen and es…

236.220. Power of court to prevent erection of dam. — The circuit court of the proper county shall have power, upon petition, to prevent the erection or raising of any dam, stoppage, or obstruction across any stream which shall operate as a nuisance and be injurious to any mill, …

236.230. Dams without chutes declared nuisances. — Every person who shall erect or maintain, or cause to be erected or maintained, in or across any of the waters of this state, unless said waters be wholly upon his own premises, any dam or other obstruction, no matter for what pu…

236.240. Dams deemed public nuisances, when. — All dams, stoppages and obstructions not made according to law shall be deemed to be public nuisances, and may be dealt with as such. ­­-------- (RSMo 1939 § 10309) Prior revisions: 1929 § 9180; 1919 § 7422; 1909 § 5479

236.250. Forfeiture of rights, when. — If any person or corporation, or his or its legal representatives, to whom permission to erect a dam by virtue hereof shall have been given, shall fail to build, rebuild or repair the same, together with the mill, electric power and light wo…

236.255. Dam reconstructed and maintained when used for other purposes. — In any case where a dam has been erected for a period of thirty years or more, and property above the dam within one mile of the point where the dam is situated has been developed for use of the impounded w…

236.260. Privilege to construct dam to cease, when. — If the improvement of the navigation of any stream shall be undertaken by the state, or by any county, or other lawful authority under the state, then the privilege of keeping any dam across such stream, the right to construct…

236.270. Penalty for building without permission. — Any person who shall build or heighten any dam, or any other stoppage or obstruction on or across any watercourse, without first obtaining permission from the court of the proper county, according to law, and shall thereby work …

236.280. Right to divert stream through tunnel — conditions. — Any person or persons, firm or firms, corporation or corporations, owning lands extending across the neck of any bend in any of the rivers of this state where a tunnel through such bends would create a waterfall to cr…

236.400. Definitions. — As used in sections 236.400 to 236.500, standards, rules and regulations promulgated hereunder, unless the context otherwise requires the following words and terms mean: (1) "Agricultural dam", any dam constructed to impound water for use in irrigation, li…

236.405. Employment of engineer and assistants — records — rulemaking, procedure. — 1. There is hereby created a dam and reservoir safety program in the department of natural resources. The council shall promulgate rules, regulations, guidelines, and standards relating to the det…

*236.410. Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report. — 1. There is hereby created a "Dam and Reservoir Safety Council", whose domicile for the purposes of sections 236.400 to 236.500 shall be the department of natur…

236.415. Council's powers and duties — public hearings required — adoption of rules and regulations, procedure. — 1. The council considering recommendations of the chief engineer shall, subsequent to a public meeting, adopt, subject to the approval of the director, the general te…

236.420. Inspection of dams and reservoirs, when — report on conditions. — The council, with the advice and assistance of the chief engineer, shall carry out a state program of inspection of dams and reservoirs in accordance with regulations adopted by the council. All dams and r…

236.425. Chief engineer's duties — search warrants — council to hear certain appeals. — 1. The chief engineer shall administer the provisions of sections 236.400 to 236.500 by: (1) Recommending general technological guidelines that pertain to the design, construction, maintenance…

236.430. Employees, council to provide for. — The council shall retain, employ, provide for and compensate within appropriations available therefor, such consultants, assistants, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of …

236.435. Permits required, when, procedure to obtain — chief engineer to make recommendation — exemptions — plans to be filed. — 1. Prior to the commencement of the construction, alteration, enlargement, reduction or removal of a dam or reservoir, the owner shall apply to the cou…

236.440. Owner to notify council, when — council to issue safety permit — registration of existing dams, when — violations. — 1. The owner shall notify the council upon completion of construction, alteration, enlargement, or reduction of the dam or reservoir. This notification sh…

236.445. Permit may be suspended — alteration or removal may be required — violation. — 1. If it is found that a dam or reservoir presents a threat to public safety, life or property, or that the safety of the dam or reservoir is threatened, the permit for the dam or reservoir sh…

236.450. Removal or repair of abandoned dam — recovery of expenses. — An existing dam or reservoir which the chief engineer determines to be abandoned and considered to be a threat to public safety, life, or property may be altered, repaired, or removed upon such determination at…

236.455. Emergency action authorized. — If it is determined at any time that the condition of a dam or reservoir is an imminent and substantial threat, and so dangerous to public safety, life or property as not to permit time for issuance of an enforcement order to correct the ha…

236.460. Transfer of ownership, notice required. — The owner shall notify the chief engineer upon the sale or other transfer of interest in a dam or reservoir, either existing or under construction, alteration or removal. The construction, safety or registration permit shall be t…

236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes. — Irrespective of any other provisions of sections 236.400 to 236.500, the following provisions shall apply to the construction, alteration or enlargement o…

236.470. Conduct of hearings — subpoenas — approval of final orders. — 1. At any public hearing all testimony taken before the council, or a hearing officer appointed by the council chairman, shall be under oath and recorded stenographically. The transcript so recorded shall be m…

236.475. Immunity of officers. — In the absence of willful and wanton misconduct, no action shall be brought against the council, the chief engineer or his agents, or department employees or private individuals employed as consultants by the department for the recovery of damages…

236.480. Judicial review of actions — administrative review required — interpretation of administrative actions. — 1. All final decisions, orders, actions or determinations made pursuant to the provisions of sections 236.400 to 236.500 are subject to judicial review pursuant to t…

236.485. Water rights preserved. — The provisions of sections 236.400 to 236.500 do not grant or diminish any right to that water entering, discharged from or impounded by a dam or contained in a reservoir. ­­-------- (L. 1979 H.B. 603 § 18)

236.490. Enforcement of act. — All duly constituted officers of the law of this state or any political subdivision thereof shall aid in the enforcement of the provisions of sections 236.400 to 236.500. ­­-------- (L. 1979 H.B. 603 § 19)

236.495. Legal actions for enforcement available, procedure. — 1. In carrying out the provisions of sections 236.400 to 236.500 and to the extent not inconsistent with chapter 491, the chief engineer or council may subpoena witnesses and compel their attendance, and may also requ…

236.500. Penalties. — 1. Any person who willfully violates any of the provisions of sections 236.400 to 236.500 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars, or by confinement…