Missouri Department of Conservation

[JoshinMO]

Missouri Residents can get Monthly Magazine's Subscription free. Anyway over The years They have made a few articles on Artifact Hunting so here are a couple links You can check out.
https://www.google.com/url?sa=t&rct=...46496531,d.amc

https://www.google.com/url?sa=t&rct=...46496531,d.amc

[Scorpion68]

Excellent articles Josh. I was really surprised at the definition of public vs private land with regard to the water levels on the river bank. Never knew that but then one would need to research their own state regulations regarding river and stream searches. Thanks Josh. ...Chuck

[JoshinMO]

Good Observation Chuck, People have got a bit confused about that. A bit complicated actually, see navigable waterways out here are considered 'public highways' (or something like that) and people can canoe,kayak,tube through these creeks and rivers but some may be private, even below vegetation including gravel bars and such. Long many People have got confused by that thinking they can walk around on private property. What i mean is just because it's legal to float thru, that doesn't mean it's ok to sneak around/trespass. Now public, whole other story!

[JoshinMO]

Also, in the current river and jack forks area it is legal to camp and such (ABOUT 2 days then must move) below vegetation/trees on gravel bars because it's the NATIONAL OZARK SCENIC RIVERWAY, many People wan't to use those privileges on private property because they don't understand the laws and rules of floating ETC.

[Kyflintguy]

Interesting articles Josh, thanks for sharing!

[sailorjoe]

Hi Josh. Thanks for posting those articles. I suppose they are written from the perspective of Missouri law. Regarding artifact hunting along waterways and its legality. Each state may have its own particular and peculiar laws/regulations, etc. and therefore a artifact hunter should check out the local laws as it pertains to such matters and it may or may not be complicated. For example, a couple of states that I'm familiar with start with the Federal Navigability status. All navigable waters have Federal laws that take precedence.The determination of what is navigable and what is not is often a very thorny and complex legal issue that is sometimes argued and fought out in the courts depending on the issue and the particular stream in question. In the instance of the Missouri River, it is no doubt a navigable stream. In those streams, then, the State is considered to be the owner of the bottom of the stream. This is usually considered that land that lies below the mean high water line. So if that is the case then what one can do there or can not do is determined by the State. In the case of non legally declared "Navigable" streams which is often the case of small creeks, etc. then it may be more complex. Some states say the adjacent landowner owns the bottom if it crosses his property and if it is owned by two different owners and if the stream describes the boundary line between two properties then each owner owns out to the middle of the stream. Technically that means, in those cases, that a person needs permission from the property owner if he is walking down the creek on the property in question or from two property owners. This permission would be legally required whether you are collecting arrowheads or fishing for trout or bass. As involving fishing, the landowner does not "own" the water. The state owns the water column. So in the states I'm familiar with you can float down the creek and fish because it is public water but you can't legally fish the same place while wading without the landowner's say so. What really gets complicated is if the stream with its water column is owned by the State passes through Federal property and they own both sides of the stream as is common on many Federal wildlife refuges and parks. If it is Navigable then the state is the boss, if not then the Feds are the boss. The rub is that often the Feds try to assume authority and may issue a citation for a violation when they are in error. Most fishermen and artifact hunters will just pay the fine rather than hire a lawyer to get them off. Most people will choose the least expensive alternative unless they have real deep pockets. I guess I haven't made the topic simpler but just wanted to sound off on a subject that has concerned me for many years. I also want to mention that I write from the perspective of eastern states "water rights" for small streams and not from the western states perspective of water rights.

[JoshinMO]

Glad You also noticed this part, i made a couple comments about that on Chucks reply. I think Trespass fines might even be used toward funding public schools here.