236.280. Right to divert stream through tunnel--conditions. - Missouri Statutes

Right to divert stream through tunnel--conditions.

236.280. Any person or persons, firm or firms, corporationor corporations, owning lands extending across the neck of anybend in any of the rivers of this state where a tunnel throughsuch bends would create a waterfall to create electric power,that such owner or owners shall have the right to tunnel throughsuch bends in such neck, on his or their or its own land orlands, and take up and divert and transmit and use the waters ofsaid river (leaving enough water in said river at the point wheresaid diversion shall be made to meet the wants of stock and thefamilies below such point of diversion), and use the waters sodiverted to create electric power for transmission and sale tothe public, and then return such waters to said river again,without the consent of the riparian owners thereof owning shorelands on the inside and outside of said bend, between the intakeand output points of said tunnel, by the use of the usualcondemnation proceedings in the circuit court of the county ofthis state in which said lands, or a part thereof, are, or may besituated, to ascertain and establish the damage that will accrueto such owner or owners of said riparian rights by reason of theuse and license aforesaid, and after this has been establishedand decreed, and that the judgment so awarded shall be paidbefore diverting and using said waters.

(RSMo 1939 § 10313)

Prior revisions: 1929 § 9184; 1919 § 7426; 1909 § 5483