Since several have asked I am posting info here. :)

This link here says:

http://mdc.mo.gov/conmag/1995/11/03.html

Thus, the law in Missouri is that adjacent property owners have ownership rights up to the edge of a navigable river since the bed of a navigable river is owned by the public. Adjacent property owners, however, own the bed under non-navigable rivers, subject to an easement for public travel by boat or wading if the river is suitable for use as a “public highway.”
The 1957 case of “Sneed v. Weber” stated that, to be navigable under the Missouri rule, the stream must be capable of floating vessels or boats as are used in the customary modes of travel in pursuit of commerce. A stream is not navigable simply because a small boat may be navigated through a tortuous course. To be navigable, a stream must be navigable in its natural state, unaided by artificial means or devices; waters which may be made floatable only by artificial means are not regarded as navigable or as public highways. The Mississippi and Missouri rivers are unquestionably navigable rivers.

Here is a better link:

http://extension.missouri.edu/explore/agguides/agecon/g00810.htm#boundaries

Boundaries along streams

The question of where the boundary runs when land borders a stream may arise when water, gravel, mineral or recreational rights are disputed or when a stream changes course. The location of the boundary and the adjoining landowner’s rights normally depend on the legal classification of the stream at the point in question. In Missouri, riparian water (natural watercourses or lakes) may be classified as

1. Public navigable
   A stream is basically classified as public navigable if it is large enough for commercial watercraft to float on it. In Missouri, the landowner adjoining the stream is considered to own land down to the water’s edge (low-water mark), while the public retains ownership of the streambed. Any land that is slowly and imperceptibly built up along the shoreline is considered to belong to the adjoining owner by the doctrine of “accretion.”
2. Public nonnavigable
   A stream that is too small to float commercial watercraft but is sufficiently large to float canoes, small fishing boats or logs is legally classified as public nonnavigable in Missouri. Here, the boundary is said to run with the center thread of the stream. Thus, the boundary would change with a gradual change in the center thread of the stream. If the stream suddenly changes course, the boundary does not change but remains at the original place.

   A landowner adjoining a public nonnavigable stream has the right to remove sand and gravel from it. However, his or her ownership rights are subject to the public’s right to use the stream itself for recreational purposes.

3. Private nonnavigable
   If a stream is too small to float canoes, small fishing boats or logs, it falls into the classification of private nonnavigable. Here, adjoining landowners not only own the bed to the middle thread, but also have the right to control the use of such streams.

So our land falls into either Public nonnavigable in which canoes CAN float (Jack’s Fork) or Private nonnavigable (Little Pine Creek) when the water is too low to float.  Either way the water is always too low for commercial boats as evidenced by the low water bridge that I showed in previous pictures.  I also can’t imagine that many canoers will want to float this river only to have to tote their canoes over bridges and low water areas. 

I think you Missourians are thinking of the Gov’t Take-line (Corps Strip)that surrounds lakes  and causes a set back line of property that is owned by the Army Corp of Engineers.  A Corps Strip *is* public land and can be camped on, etc.  Now that would be a bummer!!  Here is a link that explains:

http://www.mtnhome.net/faqs/index.asp

We are at the beginning of the Jack’s Fork River (in fact we looked online at another property that was even further up the Jack’s Fork and it was just a tiny stream there) and the nearest canoe launch place we found online (The Prongs) was 5 miles down the road… but further away via river, of course.

Now we do not own the other side of the creek/river so it is quite possible that we will have people camping over there.  In fact, while we were there we did see some quads and a truck on the other side hanging out with their beer for the day.  That side is also private property and part of it has already been blocked off by the owner because “people were trashing it”.  I imagine if it becomes a problem we can approach the current owner and ask them if we can put up signs and block driveways for them and that may stifle the activity over there.  And there is always the possibility that we would purchase that stuff over there as well. :)  After my house is built!!

So thanks to you locals who are keeping an eye out for us.  We need to be on our toes as this is something we have never done.  And you know there are always things that you learn by doing but we don’t want to make too many mistakes in the process.

Comments

Sep. 23, 2007 – Same issue here

Posted by tn3jcarter

Our property has a creek that runs through our property and a very secluded gravel road that crosses it. We’re coming up on our 4th year here and we’ve learned a lot about dealing with people who think they have the right to be in/around our creek.
We have ticked more than a few people off by telling them that they were on private property. Some get irate and are angered that “people come in here and buy up the land so no one can do anything with it” (Our creek was like a redneck YMCA here or something).
Just be prepared to be cool-headed, patient, yet persistent. Although we still have occasional flare-ups, the people doing nonsense and trashing things has greatly dwindled.

Sep. 23, 2007 – Untitled Comment

Posted by Kaleesha

Awesome! Thanks for the info. I second the stay patient, calm, cool-headed comment. My brother and his family had a place along Little Beaver Creek in Oldfield and they roped off the local swimming hole, not permitting access. Attitudes were pretty ugly on both sides. The neighbors damaged their “beach” toys and things they left down there, as well as shooting fish and tossing them on the bank. Ugh. “Can’t we all just get along???”

Sep. 24, 2007 – blogs

Posted by Sarah Skees

Hi – I just wanted to say thanks for stopping by our blog. I’d love to tell you more about Ellie’s treatment, but was wondering if you would email me. I can explain more that way… My email is: seskees@hotmail.com

Sep. 24, 2007 – Untitled Comment

Posted by leemomofthree

Looks like you guys have things under control :-)
Off the subject of rivers and properties, you mentioned 2 days ago your kids listen to the dramatized Bible. What exactly do you listen to? We would love to have a version of Bible on tape.
Thanks,
leemomofthree

Sep. 24, 2007 – Fences, signs and such

Posted by Grandma Heidi

Maybe once you get a house built, and some improvements done on the land so it looks more like private property, there will hopefully be less people thinking it is a public camping area.

Sep. 24, 2007 – Welcome to Missouri

Posted by Lewanna

Hi Katie! Welcome to Missouri!

Sep. 25, 2007 – Untitled Comment

Posted by mom2rebels

Katie,
Jay said that the little figurine is a real mallard and he
did a post on his blog just special for your Junie. You can find it here…
www.littlerebels.blogspot.com

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