Section 6 Pollution

• Library: Farm Law 2006

In Bollinger v. Henry, 375 S.W.2d 161, 166 (Mo. 1964), the Court stated indictum that “[riparian rights include] the right to the flow of the stream in its natural course and in its natural condition in respect of both volume and purity, except as affected by reasonable use by other proprietors.” Id. (citing 56 Am. Jur. Waters § 273 (1947)). Actual pollution of the water can create liability independent of the riparian doctrine. See, e.g., Somerset Villa, Inc. v. City of Lee’s Summit, 436 S.W.2d 658 (Mo. 1968); Haynor v. Excelsior Springs Light, Power, Heat & Water Co., 108 S.W. 580 (Mo. App. W.D. 1908); see also State ex rel. Ashcroft v. Union Elec. Co., 559 S.W.2d 216 (Mo. App. W.D. 1977); §§ 644.006 et seq...