Missouri Revised Statutes
Chapter 236 - Dams, Mills and Electric Power
Section 236.280 - Right to divert stream through tunnel — conditions.

Effective - 28 Aug 1939
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 create electric power, that such owner or owners shall have the right to tunnel through such bends in such neck, on his or their or its own land or lands, and take up and divert and transmit and use the waters of said river (leaving enough water in said river at the point where said diversion shall be made to meet the wants of stock and the families below such point of diversion), and use the waters so diverted to create electric power for transmission and sale to the public, and then return such waters to said river again, without the consent of the riparian owners thereof owning shore lands on the inside and outside of said bend, between the intake and output points of said tunnel, by the use of the usual condemnation proceedings in the circuit court of the county of this state in which said lands, or a part thereof, are, or may be situated, to ascertain and establish the damage that will accrue to such owner or owners of said riparian rights by reason of the use and license aforesaid, and after this has been established and decreed, and that the judgment so awarded shall be paid before diverting and using said waters.
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(RSMo 1939 § 10313)
Prior revisions: 1929 § 9184; 1919 § 7426; 1909 § 5483

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIV - Roads and Waterways

Chapter 236 - Dams, Mills and Electric Power

Section 236.010 - Dams across nonnavigable streams — who may erect.

Section 236.020 - Owner of land on one side of stream may erect dam.

Section 236.030 - Petition to be filed in circuit court — contents.

Section 236.040 - Additional information to be set out.

Section 236.050 - Petition, where filed.

Section 236.060 - Writ of ad quod damnum.

Section 236.070 - Duty of sheriff in executing writ.

Section 236.080 - Acre of ground to be set apart, when.

Section 236.090 - Proprietor to be notified of the inquest.

Section 236.100 - Sheriff and jury may act in adjoining county.

Section 236.110 - Inquest to be in writing.

Section 236.120 - Proceedings on return of inquest.

Section 236.130 - Issues to be tried as in civil cases.

Section 236.140 - Costs, how adjudged.

Section 236.150 - Court may order new writ.

Section 236.160 - Court may enter order to erect dam, when.

Section 236.170 - Court shall include in its order, what.

Section 236.180 - Privilege to erect subject to certain conditions.

Section 236.190 - Land decreed for mill privileges to revert, when.

Section 236.200 - Height of dam, how increased.

Section 236.210 - Inquest not to bar right of action, when.

Section 236.220 - Power of court to prevent erection of dam.

Section 236.230 - Dams without chutes declared nuisances.

Section 236.240 - Dams deemed public nuisances, when.

Section 236.250 - Forfeiture of rights, when.

Section 236.255 - Dam reconstructed and maintained when used for other purposes.

Section 236.260 - Privilege to construct dam to cease, when.

Section 236.270 - Penalty for building without permission.

Section 236.280 - Right to divert stream through tunnel — conditions.

Section 236.400 - Definitions.

Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.

Section 236.410 - Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report.

Section 236.415 - Council's powers and duties — public hearings required — adoption of rules and regulations, procedure.

Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.

Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.

Section 236.430 - Employees, council to provide for.

Section 236.435 - Permits required, when, procedure to obtain — chief engineer to make recommendation — exemptions — plans to be filed.

Section 236.440 - Owner to notify council, when — council to issue safety permit — registration of existing dams, when — violations.

Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.

Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.

Section 236.455 - Emergency action authorized.

Section 236.460 - Transfer of ownership, notice required.

Section 236.465 - Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes.

Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.

Section 236.475 - Immunity of officers.

Section 236.480 - Judicial review of actions — administrative review required — interpretation of administrative actions.

Section 236.485 - Water rights preserved.

Section 236.490 - Enforcement of act.

Section 236.495 - Legal actions for enforcement available, procedure.

Section 236.500 - Penalties.