MO Missouri Porch

Land Use & Property Rights

Water on and under your land

Water is part of your land-rights bundle, but you do not own every drop. Surface water, groundwater, wells, ponds, and reservoirs each work differently.

Two rule sets

Surface water and groundwater

Missouri is a water-rich, eastern-rules state — not the dry West, where it's 'first in time, first in right.' For surface water tied to land along a stream or lake, Missouri follows RIPARIAN rights: reasonable use of the water. For groundwater, Missouri applies REASONABLE-USE principles too — but don't call groundwater rights 'riparian'; that's a different doctrine. The theme is reasonable use, not unlimited ownership.

If you pump a lot

The Major Water User registration

Missouri generally does NOT make you get a statewide quantity permit to use ordinary in-state water — but don't hear that as 'no rules.' If you have the capacity to withdraw 100,000 gallons a day (about 70 gallons a minute) from your combined sources, you're a Major Water User and must register once and report your use each year (RSMo 256.400 and following). Registering is NOT a withdrawal permit and does NOT license you to harm a neighbor.

Other permits

Other rules that can apply

Separate rules and permits can apply to water EXPORTS, wells, dams, wastewater, wetlands, floodplains, and construction or land disturbance — so 'no quantity permit' is far from 'no permits.'

Runoff between neighbors

Drainage and stormwater

For stormwater runoff between neighbors, Missouri uses the 'modified common enemy / reasonable use' rule (Heins Implement v. Missouri Highway & Transportation Commission, 1992): you can manage water on your own land, but you can't unreasonably harm your neighbor by sending it their way.

Drilling and pumping

Wells

Wells: a paid driller or pump installer must hold a DNR permit. A landowner may be allowed to self-install a well on their OWN property (and may be exempt from the contractor permit), but the well still has to meet DNR construction, reporting, and plugging rules.

A well buyer checklist

Before you dig

Ponds

A pond entirely on your own parcel MAY be privately owned — but building, enlarging, draining, or discharging from one can trigger dam-safety, drainage, wetland, floodplain, land-disturbance (one acre or more, including a smaller site that's part of a larger common plan), or local permit rules. Check before you dig.

Big lake licenses

The big reservoirs

On the big reservoirs the rules belong to whoever holds the license: the Lake of the Ozarks shoreline is governed by Ameren under a federal license, while Table Rock, Truman, Stockton, and similar lakes are U.S. Army Corps of Engineers projects (see the Boating hub).

For docks, permits, and the agency that governs each lake, see the Boating hub.

Floating, wading, and fishing

Getting onto a stream

Whether you can float, wade, or fish a stream that runs through private land is a navigability and stream-access question — see the Rivers & Tubing and Fishing hubs.

Those questions live with the water hubs: see Rivers & Tubing and Fishing.

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