Section 3 Underground Water
| Library | Real Estate Fundamentals 2011 |
Underground water falls into one of two classifications:
1. Streams
2. Percolating
It is a stream if the body of water has a channel capable of ascertainment. All other water is percolating.
Before Higday v. Nickolaus, 469 S.W.2d 859 (Mo. App. W.D. 1971), Missouri apparently applied the absolute ownership rule to percolating groundwater, though Springfield Waterworks Co. v. Jenkins, 62 Mo. App. 74 (E.D. 1895), is not clear on this point. Like all eastern states, Missouri presumably applied the riparian doctrine...
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