from "A Summary or Missouri Water Laws"
Page 138 or PDF Page 152
Navigability
Of all instream water uses, navigation is the only one provided for and protected by the U.S. Constitution (the Commerce Clause). 17 All navigable
rivers are subject to public use for navigation. 18 The legal term for this is “navigational servitude.” Determination of navigability may be made several ways. 19 If a stream is navigable under federal determination, then the national government or the state government holds title to the streambed.
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Boating and Recreation
The Missouri case of Elder v. Delcour, 269 S.W.2d 17 (1954) recognizes the public right of recreational navigation in all watercourses that have flow sufficient to float a recreational boat. 24 “Congress mandated that Missouri, ”wrote the court," like many Midwestern states created from federal territories, 25 must recognize free navigability by the public of the Mississippi and Missouri Rivers, their tributaries, and portages between them.” This provision was derived from the Northwest Ordinance of 1787, art. IV, 1 Stat. 52 (1789)
I voted Murder.
The guy has a right to be pissed about boaters (Drunks) pissing on his property. Bringing a gun down to confront them wasn't the smartest thing.
Throwing rocks at a guy holding a gun wasn't smart. A round or two in a safe direction probably would of ended the rock throwing. IF it didn't and they continued to throw rocks. CALL the Police. IF the drunks follow you and continue to throw rocks. Dig more graves.
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Last edited by Craqhead; 09-05-2013 at 05:07 AM..
Reason: Too add my vote and reason for it
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