Lake of the Ozarks and elevation mayhem

Oh, oh, big time.

I wonder if Ameren actually owns to elevation 670 or if they have a flowage easement to that elevation. That might make some difference. But, maybe not.

Anyone who knowingly sold ground they didn't own should be liable for damages......in a perfect world.

I wonder how all this happend. I mean 1200 houses, all below 670'??
I sure hope the can work out some sort of agreement, and let these people stay.

"A lot of people did not know where the project boundary was when they developed their lands," explained Green.

Wow. That's all I can say. Wow.

Lake of the Ozarks Mean Lake Level Is 660'

There is a lot of land in that 10' elevation and most of what was sold is entirely within it. I find some info that the 100 year flood elevation is at 664'. I find other information that the flood difference is 5'. Cannot determine if they mean the flood elevation is at 660' + 5' =665' or at 664' + 5' = 669'.

What I understand is that the dam operator does not own the land that it can affect. Buying land in good faith extends certain rights. That the dam operator can require that strucures be removed does not mean the the dam operator is not subject to damages. Utilities have the power of condemnation because it is considered to be in the public interest but that does absolve them of just compensation.

Estoppel may be the strongest argument against the utility.

Paul in PA

Lake of the Ozarks Mean Lake Level Is 660'

It doesn't have anything to do with the flood elevation directly. The 670' would be flowage easement or they possibly sold it in fee to that elevation. The elevation 670' would be the elevation that they can hold water back to.

Rather Apparent Amerens Does Not Hold Title To 670'

Because someone else had title to sell it.

Adverse possesion may be in affect also, if they had some form of title, they were required to defend it along the way.

Also from my e searching there appear to areas that have been leveed off.

Paul in PA

Rather Apparent Amerens Does Not Hold Title To 670'

I don't know anything except the news story indicated it is fee to 670' if I understood it right. As usual the news story doesn't really give enough information to tell what is really going on.

The Ameron guy's comment about lack of technology was laughable; level technology has been around a long time.

There could be a datum issue here too.

It's hard to glean a lot of detail from an article whose writer doesn't know the difference between 670 ft elevation and "670 ft from the shore".

I guess title insurance wouldn't be helpful here since an survey could have disclosed the problem. I can see thousands of lawsuits against former owners, trying to chase the chain of title back to somebody with money to back up their warranty deed.

Happy Rocktober

Lawyers at FERC justifying their power and existence and local lawyers shining their wingtip shoes.
Money in the bank as they say...

[flash width=420 height=315] http://www.youtube-nocookie.com/v/MU0NRxLwe2g?version=3&hl=en_US [/flash]

Rather Apparent Amerens Does Not Hold Title To 670'

I thought about the datum issue. That could be a pretty good strip of land. You see anywhere from 0.2' to over 1.0' difference between 29 and 88. There are also many local datums that have been in use in different places. Depending on the terrain, 1.0' in elevation could mean a great horizontal difference.

Happy Rocktober

> Lawyers at FERC justifying their power and existence and local lawyers shining their wingtip shoes.

Never trust someone in wingtips. Men with a sense of style prefer cap toed oxfords 😉

Lake of the Ozarks Fee line Is 662'

Grider v. Tingle
The Lake of the Ozarks is a privately owned, man-made lake. Before the lake was created, the Union Electric Land and Development Company (Land Company) acquired ownership of large tracts of land that would form the lakebed and adjacent lakefront property. Land Company's holdings included all of the land located in Shawnee Bend No. 4 above and below the 662-foot contour line. The land below that contour line was conveyed to the Union Electric Light and Power Company (Power Company), but Land Company retained an easement which, in relevant part, is set out below:
This deed is made, however, subject to the following easement reserved to and retained by [Land Company] in and to all lands herein conveyed to [Power Company], viz; [Land Company] for itself, its successors and assigns, hereby reserves an easement in the lands hereinbefore described and hereby conveyed, to use the surface of said lands whether submerged or not, for any and all purposes whatsoever, including the erection and maintenance of improvements thereon, provided such use will in no way interfere with the construction, operation and maintenance by [Power Company], its successors or assigns, of the said dam ..., power plant and works appurtenant....
Thereafter, the land above the 662-foot contour line was platted as Lot 4 in the Shawnee Bend No. 4 subdivision (hereinafter, Lot 4). In 1959, William and Joan Hamilton (collectively, the Hamiltons) became the owners of Lot 4. This tract contained approximately eight acres.
In 1977, the Hamiltons sold all of their lakefront property to Gerald and Kay Stonitsch (the Stonitsches). As shown on the attached survey, the two-acre lakefront tract of land located within the bold, black lines was conveyed to the Stonitsches by warranty deed. The deed stated that the conveyance was:
Subject to the following described easement, to be retained by the grantors: Beginning at the Southeast corner of said Lot 4; thence run along said South line of said Lot 4 South 59 degrees 24' West 247.9 feet; thence leaving said South line and run North 12 degrees 27' East 41.5 feet; thence North 59 degrees 24' East 229.0 feet to the 662 Contour line of the Lake of the Ozarks; thence run along said 662 Contour line in a Southerly direction 30.8 feet more or less, to the point of beginning.

Paul v. Jackson
The Lake of the Ozarks is a manmade, privately owned lake. Prior to its formation, the land on which the Pauls' and Jacksons' lots are located was part of a larger parcel of land acquired by Union Electric Land and Development Company (Land Company). Land Company acquired these lots by voluntary conveyance from various property owners rather than by condemnation. Land Company conveyed the portion of this land below the contour elevation of 662 feet to Union Electric Light and Power Company (Union Electric),[1] but retained an easement:
to use the surface of said lands, whether submerged or not, for any and all purposes whatsoever, including the erection and maintenance of improvements thereon, provided such use will in no way interfere with the construction, operation and maintenance by Union Electric Light and Power Company, its successors or assigns, of the said dam.
Land Company did not convey the portion of the land which was above the 662 feet contour elevation to Union Electric. Rather, it initially retained this upper portion in its own name. Later, it conveyed this upper portion of the land, along with an appurtenant easement for use of the surface of the contiguous land below the 662 feet contour elevation, to various private owners. The subsequent chain of title of one portion of that land eventually led to ownership of the end lot of the cove in question with its appurtenant below-the-lake easement by the Jacksons and of the neighboring lot to the southwest and appurtenant easement by the Pauls.

Union Electric Company has a license under Part I of the Federal Power Act (the Act) from the Federal Energy Regulatory Commission (FERC) to operate Project No. 459 upon the Osage River in Benton, Camden, Miller and Morgan Counties. This project essentially permits Union Electric to operate Bagnell Dam which creates the Lake of the Ozarks. Pursuant to its license, among many other duties, Union Electric reviews applications for and grants or denies boat dock permits for persons owning property adjoining the Lake of the Ozarks.

The authority of Union Electric to regulate boat docks derives from the license issued by FERC on April 9, 1981. All parties to this action acknowledge that Union Electric has the authority under the provisions of the license from FERC to issue or deny boat dock permits on the Lake of the Ozarks.

Dan

so what is this protected area the power company person is talking about?

Maybe the owners are OK and the power company and FERC don't know what they are talking about? The Lake came about in the 1950s and FERC didn't enter the picture until the early 1980s? I don't see how FERC could retroactively label a bunch of private land above 662 protected area.

Does the power company has nothing above 662'? Plus the homeowners have an easement below 662' which seems pretty extensive except they can't interfere with the lake elevation.

Dave

Dave,
I haven't had time to research the Shoreline Management Plan for the Ameren UE Osage Hydroelectric Project to see where the magic 670 comes from.

There are comments online here:

FERC ONLINE
General Search
Change Date Range From 1/1/1981 to 10/6/2011
In the Text Search window: PROJECT 459
Results per Page: 200 (you are going to need it)

I would like to see a copy of the letter sent to the land owners.

DDSM

Dave

Lake of the Ozarks Shoreline Management Plan

See page 6 for some boundary discussion and a table of mileages of various boundaries. There is a list of different elevations so the elevations vary from property to property apparently.

-also-

"Section 1.7 Property Ownership and Interests

AmeranUE has various property interests to lands within the project, including fee title ownership and easements over lands owned by others. AmerenUE recognizes that other parties (e.g. state of Missouri, private individuals) also possess property interests on lands that lie within the Osage project boundary. AmerenUE recognizes and respects all property interests and believes this SMP accommodates all property interests in project lands. The SMP establishes the basis on which Ameren UE will appprove permitsfor use of project lands and waters. So long as the use is consistent with project purposes and does not adversely impact protected resources, permits will be issued."

The project boundary apparently may not be the same as property boundaries.

Dave

Thanks Dave...

That is a good read...

If I had received a letter, I would request a current survey to denote the elevation(s) of my property...to depict a certain contour...(wink)...and request copy of that deed showing that area was within the 'boundary' of the 'Lake'. I would not accept a GIS 'map'.

Pardon me for cutting and pasting a few hillbilly gleanings:
Page 5
AmerenUE is responsible for management of lands within the project boundary established for the Osage Project under provisions of its federal license for the operation of Bagnell Dam and the Osage Power Plant, which created the lake in 1931. The purpose of this plan is to properly coordinate shoreline management activities at Lake of the Ozarks. The goals and objectives of this SMP are to define the procedures and policies that AmerenUE has in place for successful shoreline management activities at Lake of the Ozarks, and the reasons why the procedures and policies are needed and important to all stakeholders for protecting the energy, natural resources, and historic properties that are unique to the Osage Project.
This SMP governs the shorelands of the Lake of the Ozarks and the lower Osage River below Bagnell Dam that lie within the FERC project boundary. Shorelands are those lands that lie within specified contour elevations ranging from 662 to 678 (project boundary contour generally increases in elevation proceeding upstream from the dam).

As a part of its responsibility, AmerenUE is required to regulate docks, seawalls, decks, and other structures around the lake, as well as the lands within the project boundary downstream of Bagnell Dam, to ensure that these structures do not become an environmental hazard, an obstacle to navigation, adversely impact sensitive and critical environmental resources, or become a threat to the safe operation of the dam and power plant.

Page 6
1.3 Lands Outside of Management Area
The existing project boundary is comprised of varying elevation contours ranging from 662 to 678 (project boundary contour generally increases in elevation proceeding upstream from the dam), as well as primarily privately-owned parcels with boundaries established on their property lines as metes and bounds. Table 2 presents the percentage of the project boundary defined by a specific contour versus the project boundary defined by metes and bounds survey.
TABLE 2
PERCENTAGE OF OSAGE PROJECT BOUNDARY DEFINED BY CONTOUR
ELEVATION VERSUS LAND SURVEY
Boundary Location Length in Miles Percentage(%)
Following Property Lines (Metes and Bounds) 347.29 28.19
662 Elevation 526.66 42.74
(That looks like I've got a 70% chance...wink)
663 Elevation 27.75 2.25
664 Elevation 30.23 2.45
665 Elevation 133.81 10.86
666 Elevation 4.62 0.38
667 Elevation 17.70 1.44
668 Elevation 34.17 2.77
669 Elevation 8.10 0.66
670 Elevation 36.43 2.96
671 Elevation 4.38 0.36
672 Elevation 24.41 1.98
673 Elevation 28.69 2.33
674 Elevation 7.77 0.63
678 Elevation 0.13 0.01
(1200 houses in about 10%?)
Total 1,232.12 100.00
As can be seen from Table 2, approximately 28 percent of the project boundary follows old property lines, which are defined by metes and bounds. Most of these areas were originally acquired as flood easement only, some were acquired in fee and condemnations, and almost all are currently privately-held lands. Most of these lands have been developed as allowed by the deeds and easements granted in the 1930s by Union Electric Development Company. In total these lands represent approximately 31,000 acres that lie outside of the shoreline of Lake of the Ozarks. Because these lands are privately held and are not needed for project purposes AmerenUE intends to apply with the Commission to have them removed from the project boundary.
These lands have various amounts of development, are not integral to the project itself, and will not affect the ability of AmerenUE to operate the project safely. For all intents and purposes, the lands proposed to be removed are separated spatially from the project by a broad strip of commercial and residential development, and as such, these lands cannot practicably contribute to the production of power, the safe operation of the project, or any future public recreational access. In some cases, the parcels defined by metes and bounds that AmerenUE intends to request be removed are now owned by the state of Missouri and incorporated within the boundaries of the adjacent state parks (approximately 2,120 acres). These lands are protected from development by the state as part of the Missouri state park system and will be preserved to provide a wide range of public access and recreational opportunities even if they are approved for removal from the FERC project boundary.
Amending the project boundary to remove these privately-owned and state-managed parcels of land defined by metes and bounds will have no effect on AmerenUE’s ability to manage the shoreline as defined in this SMP. The remaining 72 percent of the project boundary will remain the same and will continue to be managed by AmerenUE in accordance with existing shoreline programs and this SMP.
The March 2007 license order discusses the process that AmerenUE will use to request removal of these private lands from the project boundary. AmerenUE will include maps showing the land requested to be removed and any wetlands that could be impacted. It should be noted that AmerenUE will not be requesting removal of lands from the project boundary that have wetlands that are influenced by the operation of the Osage Project. The lands that will be requested for removal will be privately-owned lands that lie outside the hydraulic influence of the Lake. This SMP does not require any permit approvals for development activities on these private lands presently inside the project boundary that are outside the influence of the Lake and, therefore, outside the requirements defined in this SMP. Approvals for development activities on these privately owned lands are governed by the local communities or counties. As such, this SMP does not include management of these lands.

Page 9
AmerenUE has taken a number of steps to ensure the accuracy and efficiency of its permitting program. The first was to develop an electronic permitting system that allows for easier tracking of permit information. In addition, AmerenUE can search and query permit information, which allows for ease of enforcement and permit verification. As part of the electronic permit process, AmerenUE has instituted a state-of-the-art geographic information system (GIS) that contains information about the entire shoreline around the Lake of the Ozarks; permit information, including any conditions that must be met; and county land ownership information.
AmerenUE conducted an “as-is assessment” of the entire shoreline of the Lake of the Ozarks in late summer and early fall of 2002. Inspectors traversed the shoreline of the lake and collected information about all of the structures around the lake and shoreline condition for all 1,150 miles of shoreline. This information has been overlaid onto AmerenUE’s existing GIS.

Page 10
1.7 Property Ownership and Interests
AmerenUE has various property interests to lands within the project, including fee title ownership and easements over lands owned by others. AmerenUE recognizes that other parties (e.g., state of Missouri, private individuals) also possess property interests on lands that lie within the Osage project boundary. AmerenUE recognizes and respects all property interests and believes this SMP accommodates all property interests in project lands. The SMP establishes the basis on which AmerenUE will approve permits for use of project lands and waters. So long as the use is consistent with project purposes and does not adversely impact protected resources, permits will be issued.

Page 11
AmerenUE realizes there are minor inaccuracies associated with any mapping exercise and that the resources of Lake of the Ozarks may change over time. Agencies, individuals, businesses, organizations and others that believe that the classification along the shoreline is inaccurate as depicted in Appendix A can bring the issue to the attention of AmerenUE at any time. Once a shoreline segment has been challenged, AmerenUE will evaluate the shoreline with a site visit if necessary and make a determination as outlined in Appendix F, Procedures for Addressing Challenges to Shoreline Management Plan Mapping Accuracy. If AmerenUE determines there are no inaccuracies based on the parameters outlined in this document, the classification will stand. If AmerenUE determines there is a discrepancy in the classification involving existing conditions, AmerenUE will make the appropriate revisions to the maps. AmerenUE, through its own field observations will continually update the maps, as appropriate. These updates to the maps will be an ongoing process and will be addressed as they are brought to AmerenUE’s attention.

...to be continued...

Dave

Page 17
Since the completion of Bagnell Dam in 1931, the counties surrounding the Lake of the Ozarks have experienced steady increases in both population and development. Census data indicate that the populations of Morgan, Camden, and Miller counties have grown by 21 to 26 percent over the last decade (U.S. Census 2000). For this reason, it is important to understand changes in land use since the last known vegetation cover mapping was completed in 1992. The 2002 terrestrial resources study commissioned by AmerenUE identified, mapped, and validated terrestrial resources within 500 feet of the existing shoreline of the Lake of the Ozarks at 660 feet mean sea level elevation.

Page 26
AmerenUE as licensee has control over activities, uses, and construction within the project boundary along the shoreline, but not on the private land that lies outside the shoreline area, as noted above. The activities and construction that are permitted within the project boundary influence adjacent land uses.

The majority of the lands immediately adjacent to the Lake of the Ozarks shoreline are privately owned, and AmerenUE has no direct control of development outside the project boundary.
Direction over these lands is contained within Chapter 64 of the Missouri Revised Statutes, which provides for the establishment of planning and zoning districts bordering the lake. The County Commission of any county that borders the Lake of the Ozarks can create a planning and zoning district, and towns have adopted their own planning and zoning regulations.

Page 39
During the summer and fall of 2002, AmerenUE completed an as-is assessment of the entire shoreline of the Lake of the Ozarks. AmerenUE collected information about every dock and shoreline stabilization activity along the Lake of the Ozarks shoreline. The information that was collected included, but was not limited to, number of boat slips, condition of the dock, amount of freeboard, and proper posting of permit number. AmerenUE utilizes this information in conjunction with GIS information to process permit applications and enforce AmerenUE’s guidelines.

Page 40
These policies encourage proper management of this vegetative buffer zone on AmerenUE owned and controlled land, which extends from the shoreline up to AmerenUE’s project boundary. Most lakefront property owners at the Lake of the Ozarks own to the 662-foot contour elevation, and in some cases the elevation of ownership is higher than the 662-foot contour, as noted above in the description of the project boundary. The land that is located below that level, or higher, is owned or controlled by AmerenUE. This property line (contour line) should be determined and established in cooperation with AmerenUE prior to any vegetation installation or removal for lakefront properties.

Page 41
On properties where AmerenUE has only easement interests, landowners shall also adhere to the provisions of this section. In these areas, it is recommended that a minimum of 25 feet be maintained as a vegetative buffer from all shoreline and stream tributaries of the lake.
Nothing contained in this policy shall be construed to require the removal of any landscaping or other permitted improvements in existence when the SMP is adopted.

Page 46
AmerenUE conducted a comprehensive survey of all docks and related structures in 2002.
AmerenUE then used specific information about each structure to create a database of existing conditions for the lake’s 1,150 miles of shoreline. Since 2002, AmerenUE has continued to update the system with spot field checks and incorporation of the information into a fully integrated GIS that includes county ownership information updated quarterly.
AmerenUE’s GIS takes advantage of digitally corrected aerial photography, and is used to help process permit applications and maintain a visual record of all structures on the lake. In 2004, AmerenUE obtained new aerial photography for the lake’s entire 1,150 miles of shoreline.
AmerenUE is committed to periodically update various elements of the system, which is essential to ensure compliance with the company’s permitting program.
To enforce proper development activities within the project boundary, AmerenUE performs annual shoreline inspections and/or random permit audits from the water using its shoreline inventory database. The intent of these inspections is to enforce the guidelines and policies of the permit program and ensure the goals of the SMP are employed along the shoreline. By performing these audits, the effectiveness of the permit program can be evaluated while uncovering areas that are failing under existing programs.

The End...

DDSM:beer:

Rather Apparent Amerens Does Not Hold Title To 670'

> I don't know anything except the news story indicated it is fee to 670' if I understood it right. As usual the news story doesn't really give enough information to tell what is really going on.
>
> The Ameron guy's comment about lack of technology was laughable; level technology has been around a long time.
>
> There could be a datum issue here too.

Dave,

I'm with you and said as much on Ryan Versteeg's facebook post.

Carl