The Final Word - U.S.Coast Guard Authority and Jurisdiction On the Lake of the Ozarks

For years now I have taken the position both privately and publicly that the U.S. Coast Guard's authority on the Lake of the Ozarks is very limited. Actually, I've basically said the Coast Guard had no authority when it came to law enforcement over the issue of jurisdiction. Does the U.S.Coast Guard have jurisdiction on the Lake of the Ozarks? If so what is their authority as a law enforcement agency on the lake? I've done my best to look at the rules and regulations to figure out for myself the answer to these questions, and concluded that the Coast Guard did not have authority since the Lake of the Ozarks is not considered a "navigable" waterway according to an Eighth Circuit Court ruling in 1989. However, I've never been completely confident in my position and since my goal here is to help provide accurate information regarding the lake and boating, I felt compelled to get it right. Also, it has been clear over time that I am very much in the minority in the opinion that the Coast Guard has limited powers of authority on the lake. So I decided to ask the people who would know, the United States Coast Guard.

I've recently had a discussion via email with a very nice LTjg with the Coast Guard's Public Affairs Office to get a clear understanding of their authority on the Lake of the Ozarks and can now report that my often stated opinion of the Coast Guard's lack of authority has been...

Wrong. (smelling salts please).

In fact, according to the Coast Guard, they have both "authority and jurisdiction" on the Lake of the Ozarks. Jurisdiction, as defined by Commandant Authority, is "the government's power to exercise legal authority over it's persons, vessels, and territory."

The Public Affairs Office specifically sited the Code of Federal Regulations Title 33 sub-part 2.36 as the source of their jurisdiction. Title 33 painstakingly defines "Waters subject to the jurisdiction of the United States" for which the Coast Guard has authority and jurisdiction over. Relevant to the Lake of the Ozarks, and any lake within the continental United States is section 2.36.

§?2.36 Navigable waters of the United States, navigable waters, and territorial waters.
           (a) Except as provided in paragraph (b) of this section, navigable waters of the United States, navigable waters, and territorial waters mean, except where Congress has designated them not to be navigable waters of the United States:
                   (1) Territorial seas of the United States;
                   (2) Internal waters of the United States that are subject to tidal influence; and
                   (3) Internal waters of the United States not subject to tidal influence that:
(i) Are or have been used, or are or have been susceptible for use, by themselves or in   connection with other waters, as highways for substantial interstate or foreign commerce notwithstanding natural or man-made obstructions that require portage, or
(ii) A governmental or non-governmental body, having expertise in waterway improvement, determines to be capable of improvement at a reasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce.

            (b) Navigable waters of the United States and navigable waters, as used in sections 311 and 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1321 and 1322, mean:
                   (1) Navigable waters of the United States as defined in paragraph (a) of this section and all waters within the United States tributary thereto; and
                   (2) Other waters over which the Federal Government may exercise Constitutional authority.

As with any such document, there's a bit more legalize there for this old puddle pirate's liking but let's see if we can't break this down a bit and figure out how the Lake of the Ozarks fits into this definition. The formatting above is a little difficult to follow but here is the the relevant part.

Part (a) section 3(i), highlight in red is the heart of the matter. "Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage,"

This was the source of my confusion, thinking that since the Lake of the Ozarks was never used for commerce that it did not fall under section 3(i). At one time, long before Bagnell Dam was even an idea, the Osage River had indeed been used for commerce. There's a fascinating history actually, but in short the Osage River was never much more than a means of moving timber for a time and never successfully commercialized like the Missouri and Mississippi Rivers for the transportation of goods and materials. It was the Osage River's lack of success as a transportation river that gave rise to the idea of just damming it up for use as a hydroelectric source. So while the Lake of the Ozarks is currently NOT used for interstate of foreign commerce, the key portion of the description is "...have been used" and "notwithstanding, natural or man-made obstructions that require portage," even though the lake did not exist at the time of relevant description. At least that was the basis of my argument that the Coast Guard lacked authority.

Suffice to say that the Coast Guard's position of authority and jurisdiction is based on a very tenuous link to the past. Their point is that the Osage River had been used for commerce. My point is the Lake of the Ozarks was never used commercially.  In order to agree with the Coast Guard, one would have to agree that the Lake is really an extension of the Osage River to fall into this category. So while the argument can be made the Lake is an extension of the Osage River, the claim that in turn it makes the Lake subject to Coast Guard authority based on past usage a bit of a stretch, I believe it would ultimately come to a court decision to make or break the Coast Guard's assessment that the authority as defined is clearly there. But, for the purposes of  public information I will have to concede that yes, the U.S. Coast Guard does have jurisdiction and authority on the Lake of the Ozarks, if only because the Commandant says so.

But who cares? Right?  I mean that was a lot of discussion and effort over such a trivial matter wasn't it? Well, maybe not.  Consider that you may want to think twice about drinking and operating your vessel now that you know there's a law enforcement agency on the water that can literally make a federal case out of it.

Or,  more to the point.

You might also consider what the Coast Guard's authority and jurisdiction might mean if you are in possession of a federally controlled substance on your vessel, say, marijuana for instance? On November 6th 2018 Missouri voters approved a state constitution amendment to allow the use of cannibis for medical purposes. State laws notwithstanding, whether legalized or not, the Coast Guard has the authority to enforce federal law and under federal law marijuana is still illegal. I know what happened to vessels we came across hauling marijuana in my time on a cutter patrolling the Gulf of Mexico. Care to guess what might happen to your shiny boat should that Coast Guard small boat patrol catch you with contraband in Party Cove? Of course, search and seizure of your vessel is a possibility with local and state law enforcement as well, but I can assure you, it's a definite possibility when it comes to the feds. In fact, every boat you see with a name on the stern and port of call underneath is registered with the U.S. Coast Guard and technically a part of the fleet. What few people know is that in order to name their boat, and avoid registering it with the state and thus avoid (some) of the sales tax obligation to the state of Missouri) what they are doing is registering it with the federal government as part of the reserve fleet, namely the Coast Guard auxiliary. It can therefore, albeit under specific circumstances, be commandeered for their purposes and the Coast Guard takes a dim view of contraband being on boats in their fleet. Does this mean the Coast Guard will confiscate your vessel if you are searched and contraband is found? I wouldn't think so, but it certainly means they can.  Given some of these boats on the lake are worth millions of dollars, I for one wouldn't want to put it to the test should recreational marijuana be allowed at some point in the future. I've never heard of such a thing happening in states that have passed recreational marijuana use, but the USCG Public Affairs Office indicated it was within their authority. You can bet such an occurrence would end up it federal court, and that's not cheap.

So here it is, my final words on the subject, whether I agree or not: The Coast Guard is charged with enforcing safety and federal law, and now you know they believe they have the full authority and jurisdiction to do so on the Lake of the Ozarks.

Making a Dam Heavier

The Summer of 2017 is rapidly coming to a close but work continues on Bagnell Dam. I'm sure everyone has noticed the cranes, cement trucks, and workmen busily making the structural improvements outlined by Ameren in March. This $52 million dollar project will enhance the structural integrity of the dam, something not done since the 1980s.  Improvements to energy production efficiencies has been fairly steady over the years, but actual structural work has not been performed in some time. One notable exception. Ameren renewed their license to operate Bagnell Dam in 2007 after years of stakeholder input and millions of dollars spent to comply with many regulations. It was about this time I noticed new concrete at the Eastern(? it always feel more like Northern to me) entrance. This relatively small addition is sandwiched between the Eastern abutment and the cliffside near it and presumably added to stabilize the abutment itself(East and West abutments are the "solid" parts of the dam that have no spillways). Update - I've just noticed some new forms on this structure now, an indication more concrete will be added to it as well.

The work being done now is the addition of new concrete and 68 more "anchors". These new anchors are not meant to replace the 277 nine inch steel rods that were installed in the 1980s (a 2009 article from Connectmidmissouri.com quotes Alan Sullivan, an engineer for Ameren, as saying there were actually "over 300" holes drilled) but to reinforce them. While the original anchors were installed vertically, effectively increasing the downward force of the dam and increasing the frictional forces keeping the dam in place (Bagnell is a gravity dam), the new anchors will provide both vertical and horizontal force components.

Here is a drawing provided by Ameren:



The concrete work is a little less clear, but Ameren states they will be adding 66 million pounds to the basic structure, spillways, and top section. All which will add more weight and again create more downward force on the bedrock.

Governor's Veto Keeps Boat Railing Laws In Place

On July 14th, Missouri Governor Eric Greitens vetoed Senate Bill 65 which would have exempted certain boats from railing requirements for passengers riding on specific areas when underway(moving), namely gunwales (the top edge of the sides of a boat), bow tops, sundecks and seats. The law would have exempted jet driven and older boats.

The Governor's veto means the current law, stated below, remains.

"306.126.  Motorboats, regulations as to passenger seating while under way — person in water, flag required, when — slow speed required, when — penalty. — 1.  The operator of a motorboat shall not allow any person to ride or sit on the gunwales, decking over the bow, railing, top of seat back or decking over the back of the motorboat while under way, unless such person is inboard of adequate guards or railing provided on the motorboat to prevent a passenger from being lost overboard.  As used in this section, the term "adequate guards railing" means guards or railings having a height parameter of at least six inches but not more than eighteen inches.  Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor it to a mooring buoy or to cast off from such a buoy, or for any other necessary purpose.  The provisions of this section shall not apply to vessels propelled by sail."

This will probably not come as welcome news to those who like idling around party cove, but this is after all about safety.  So what would SB65 have changed? The statute would have been replaced with the exact same language except for the last line which would have added some exceptions beyond sailboats.

"The provisions of this section shall not apply to vessels propelled by sail, outboard jet motors, or vessels not originally manufactured with adequate guards or railing."

In his veto letter the Governor cited "unintended consequences" of the change in the language since the statute would have included all Missouri state waterways and his concern was specifically how it would have affected boating on the Lake of the Ozarks. The bill was put forth by Missouri State Senator Dave Schatz from the 26th District which covers an area that includes the Meramec River. The Senator is also from Sullivan Missouri which is one of the last major towns people pass through on their way to the Current River.  River tourism is a good part of that areas income revenue. It's a safe assumption that what the Senator was trying to achieve was a change in the law to allow river runners more latitude regarding where people could sit while in smaller, slower, jet driven river boats. You won't see many river running jet boats with railing on them and people love riding on the bow down there (me too!). Whether another attempt is made to change the law with more specific language is unknown.

Lake Accident Statistics for 2016

As part of the annual "How Safe is the Lake of the Ozarks" page update, here's the breakdown of incidents reported for all of 2016.  This is only for the the Lake of the Ozarks, and only those incidents reported by the Missouri Water Patrol.

In summary, some 133 incidents were reported last year and one breakdown is to look at the numbers by severity.

Number of Non-Injury Incidents 74
Fatal Incidents                           8
Serious Injury                                   9
Moderate Injury                         25
Minor Injury                                 17

Total                                              133

2016 didn’t start off well for boating and injury incidents on the lake, with the first fatality in January during and unseasonably warm weekend. The final breakdown of incidents for the year by description is as follows:

NEAR DROWNING                                                              2
FIRE/EXPLOSION (NON FUEL)                                              1
FIRE/EXPLOSION (UNKNOWN ORIGIN)                      4
COLLISION WITH FIXED OBJECT                                    18
COLLISION WITH WATERCRAFT                                    17
COLLISION WITH FLOATING OBJECT                              1
COLLISION WITH DOCKED WATERCRAFT                      8
CAPSIZING                                                                              3
GROUNDING                                                                      4
SWAMPING                                                                              1
DROWNING                                                                              6
PERSON(S) FALLS OVERBOARD                                      2
PERSON(S) IMPACTS WATERCRAFT                            34
PERSON(S) DEPARTS WATERCRAFT VOLUNTARILY      1
PERSON(S) STRUCK BY PROP/WATER JET                      4
PERSON(S) EJECTED FROM WATERCRAFT                      9
TOWED WATERSPORT MISHAP                                    18
Total                                                                                  133

From a "Fatality Rate" point of view, which is what next month's U.S.Coast Guard report for 2016 will focus on, the Lake of the Ozarks remains unchanged from 2015 with 8 fatalities and likely within the average for the entire state.

It may be possible to analyze this data into more meaningful risk assessments but would need to be looked at on an incident by incident basis for extenuating circumstances such as time of day. Incidents involving "fixed objects" is a top category, but what were the objects? No wake buoys? Docks?  Hit a no wake buoy and you might throw an outdrive, but hit a dock and serious damage and injury is likely.

As time goes on I'll keep these reports and start tracking them. With this kind of data we can begin to track trends, but at this time I see nothing to indicate the lake has become more, or less, dangerous than it has been in years past.  As the 2017 season begins in earnest, here's hoping that everyone has a safe and fun summer!

Bagnell Dam Structural Upgrades Begin in March 2017

By now, many have heard that Ameren will be investing $52 million dollars in upgrades to Bagnell Dam, but what exactly are they going to do?  Is the dam broken?

No, Bagnell Dam is not broken, or structurally deficient, but it could probably use a little work.  The last time Bagnell Dam had a major structural upgrade was in 1980 when 277 post-tension anchors were installed to secure the dam to the underlying bedrock.  Recall that Bagnell Dam is what is known as a gravity dam, meaning it is held in place by sheer weight. While this is a perfectly acceptable design methodology there are potential issues to contend with and the anchors set in 1980 were installed to insure the dam would not move from its position over time.

Ameren will be installing 68 more anchors along with additional concrete to reinforce the roadway deck from underneath, and also repair the top roadway deck itself.  The top deck work is more cosmetic than structural, but as anyone who drives across the dam on a regular basis knows, it looks bad. The condition of the roadway concrete gives the impression that the dam is in disrepair, appearances being what they are.

So what is a "post-tension anchor"?  How does it work to keep a dam in place?

Post-tension anchors, conceptually, are quite simple.  Bore holes are drilled through the dam and into the underlying bedrock with a tension cable running through the entire thing.  Once properly anchored, the cable is tightened, much like a giant bolt, to provide additional frictional force between the dam and the bedrock.  Simple, but as with all things, the devil is in the details.

Ameren won't say why the additional anchors are needed, there are many reasons to install such devices in dams, but the overall goal is strengthening.  The reasons for strengthening an existing dam vary but the two main ones are to meet new safety regulations or increasing a dam's water storage capacity.  Both of these reasons are unlikely since Bagnell Dam just went through a relicensing process which required extensive analysis of its condition, and Ameren cannot raise the operating level of the lake.  Is there any other reason for these anchors? Another possibility is the anchors provide additional structural strength for increased spillway capacity.  Given recent flood events in 2015 which resulted in extended periods of operations where flood gates were operated, Ameren may have discovered a vulnerability.  There is also the possibility that the anchors installed in the 80s may have issues with corrosion, a common problem with post-tension anchors. Any time you sink metal into wet bedrock, corrosion is a primary concern and some dams with these structures have had issues.

Regardless of the motivation, the addition of the anchors will simply help insure the dam is around for a long time.  The work is expected to take 18 months with no disruption to electrical generation, the impact on traffic flow however is unclear.

For those interested in the engineering details of all this, here's a link.

2016 Safety Report available

In years past I've titled this annual report for the year of reporting but I've decided to change that going forward.  Although this post is done in 2016, it is actually for data and events occurring in 2015.  Obviously we cannot produce a report for this year, until the year is over.

How Safe Is the Lake of the Ozarks?

Looking at what has already happened at the Lake in 2016, let's hope the public fairs better safety wise in the coming summer months.

Be courteous. Be safe. Enjoy!

PSA - Getting Serious About a "No-Wake Lake"

December 2015 update

Three members of the Missouri House of Representatives that often advocate for the lake area have been making stirrings lately about conditions on The Lake of the Ozarks regarding large wakes.  On November 4th, a public forum will be held at the Osage Beach City Hall at 9am to hear concerns regarding lake conditions along with dock and fire safety issues.

The Lake's rather undeserving reputation for being hazardous has been getting more attention over the past year. Despite efforts from Ameren to hold boat size down through dock regulation, this year's flooding along with the subsequent "no-wake" start to the 4th of July holiday weekend brought home the problem of large wakes and public pressure to do something about it.

A proposal being floated at this time by Rep. Wood is to restrict any area of the lake with less than 1250 feet from shoreline to shoreline as a no-wake zone, possibly only for larger boats.  This restriction would have a profound impact, given that nearly every cove on the lake would fall into this category. I urge anyone with an interest to either attend the meeting or write their representative as to their opinion, along with any ideas they may have to help improve situation.

Information on how to contact the three attending members of the State House of Representatives can be found at each link.

Rocky Miller (district includes Osage Beach and Lake Ozark area)

Diane Franklin (district includes Camdenton area)

David Wood  (district includes Gravois arm)

This will likely be worked out by those of us who own property on the lake, and could easily affect home values. Get involved if you can.

Governor Nixon Declares the Entire Lake a No-Wake Zone

The entire Lake of the Ozarks is currently under a no-wake restriction. Not since 1993 (yeah, *that* year) has such an order been given.  With the lake cresting at nearly 663', the second highest ever, damage to surrounding property and shoreline would be incalculable if normal boat traffic was allowed while the lake remains high.

It appears that if Ameren can get the lake back around 661', which could be by Saturday at the rate it's going, the ban will be lifted.

2:30pm, July 3, 2015

Boat Towing - Help Is Just a Phone Call Away

There was a time when it was not too uncommon to see a boat being towed back to the dock or marina by some good samaritan, but you don't see much of that anymore, and for good reason. For vacationers, it may seem like Lake Ozark boaters are unwilling to help if they are in need of assistance.  What gives?

Towing A Boat - Leave It to the Professionals

The Summer Season Begins - Let's Play Safe!

As Memorial Weekend approaches I've taken the time to update the page "How Safe Is the Lake of the Ozarks" to reflect the recently released U.S. Coast Guard report for 2014, and while nationally there was a small increase in fatalities across the U.S., and an actual drop in fatal accidents statewide in Missouri, an analysis of data from the Missouri State Water Patrol shows a startling increase in fatalities at the Lake of the Ozarks last year.

The fatality rate* for the Lake of the Ozarks has soared from 5.6 in 2013 to a nauseating 18.0 for 2014.  Nationally, for 2014, the number of registered vessels in the U.S. dropped by nearly 210,000 boats (a trend that has been happening for many years), while the total number of deaths stayed virtually the same. The effect of fewer vessels was to increase the national fatality rate to an average of 5.2, up from 4.7 in 2013.

Statewide, Missouri fatal accidents dropped from 16 in 2013, to 13 in 2014, but sadly Lake of the Ozarks contributed 9 of those 13, including a highly publicized incident involving Water Patrol when an incarcerated passenger fell overboard and drowned.  [On a personal note, as a Coast Guard veteran who spent three of my four years on ships involved in maritime law enforcement, search and rescue, and aids to navigation, this incident angers me mightily.]

Nine deaths on the Lake of the Ozarks in 2014, not counting injury and property damage statistics. Has the lake become more dangerous?  Possibly, but it is more likely to be an anomaly than a trend as some years will inevitably be worse than others, and numbers don't always tell the whole story.  For instance, statewide 2013 saw the fewest accidents in five years with 111, but had the second highest fatalities with 16.  The year with the fewest fatal accidents, 10 in 2012, had only one fewer total accidents than last year's 142.

Nothing has inherently changed to make things more (or less for that matter) dangerous on the waters of Missouri than in past years, but it is a very sad statistic to see and does nothing to improve our lake's reputation.  Hopefully this year will be better, but it is up to everyone to stay safe and make it happen.

Please enjoy, and play safe!


* Fatality Rate is a ratio of the number of deaths per 100,000 registered vessels used by the U.S. Coast Guard to assess boating risk.

How Big Does My Boat Need To Be For The Lake of the Ozarks?

It's a common question asked by folks who have never actually been to the Lake of the Ozarks and only know it by reputation for big boats and big waves. While there is technically no limit to the size of boats on the lake, typically they are less than sixty feet in length due to dock restrictions, but you don't need an open ocean capable boat to get around on the water.

Safety is really what we're talking about when asking the question of what is a properly sized boat for the lake. Being tossed about due to rough water isn't fun and certainly not safe. Over the years the solution has been a steady increase in the size of boats being purchased. Throughout its existence boat sizes on the Lake of the Ozarks has been an arms race of sorts with boats seemingly getting larger every year. In the 1960's my father's 18ft Mark Twain was considered a good size boat and got around just fine.  In the 70s he purchased a 22ft Sea Ray that provided a decent ride, but immediately regretted not buying the 24 footer. After the 80s (thanks "Miami Vice") a boat needed to be in the +30ft range if you wanted to go fast and smooth as the proliferation of very large (+40ft) and slow cruisers meant a dramatic increase in the size of waves. Larger boats mean larger waves, and larger waves means boat owners buy larger boats, with the vicious cycle continuing to this day. Still, you don't need a 38ft Cigarette or 35ft Donzi to enjoy the lake, but it helps. The question of how big of a boat is big enough to handle the Lake of the Ozarks has no simple answer but depends on many factors such as pilot experience and skill, time of year, type of boat, desired running speed, and number of passengers.

Pilot skills: The Lake of the Ozarks attracts different kinds of boaters, from rank novice to race experienced experts, and while any boat can be piloted safely even in the worst conditions, not all pilots have the skills to pull it off. Likewise, a large boat under the control of an inexperienced pilot is no guarantee of safety or comfort.  If you have a relatively small boat (<30ft), on a busy weekend, a novice pilot can easily get themselves into trouble and hurt someone, while an experienced one can make it safe and relatively comfortable.

Time of year:  From mid-September to early May boat size is mostly irrelevant as the lake remains calm with room to maneuver and roll through the occasional big wake.  In the summer however weekends can be relentlessly rough with congestion making it difficult to smooth wakes out over distance.  Holiday weekends even more so.  My definition of a properly sized boat is one that doesn't cause injury to passengers just because it is underway at cruising speed. The lake can be rough, but it needn't be dangerous if boat size matches desired boating style.

Style of Boat:
Fishing boats, less than 26ft in length, are often flat bottomed and at no time in the summer, except in the early hours or weekdays, is it comfortable to be making speed on the lake in one. Small fishing boats in calm coves are common enough but are well advised to stay away from the main channel.

Pontoon boats are popular for their ability to carry many passengers comfortably, but are relatively slow and struggle in rough water if not equipped with a middle pontoon ("tri-toon") and a properly sized motor. A 24ft pontoon with only a 60HP motor may be fine on Lake St.Louis, but at the Lake of the Ozarks it is a bit under powered, and will likely run into difficulty on busy weekends in the main channel.  For a period of time, "deck" boats were replacing pontoons as the barge of choice but developments in pontoon/tritoon design and open cockpit style runabouts have long since passed them over.

Large cruisers, 40 feet or more rarely have any concerns over rough water to worry about regardless of speed, which is usually under 30kts. Bigger is better, but it causes issues for others. Large boat owners need to be cognizant of the severe wakes their boats are capable of putting out and the damage they can do.

A runabout, which can range from 16ft to 40ft is where speed becomes a critical factor. Assuming a boat in this size range is capable of getting on plane (the very definition of a runabout), how well it can handle rough water is mostly dependent on pilot experience and speed.

Speed:  If you want to go fast (+50mph) on the weekends, you're going to need a bigger boat.  I have a 27ft Sea Ray Pachanga capable of +60mph but wouldn't dare to try and get that kind of speed out of it during the weekend except in short bursts, it is simply too small. While the boat itself may be able to take the beating (it is a Sea Ray after all!), my passengers cannot. I've been in a 31ft boat that did just fine at that speed but most mono-hull boats running +50mph on the weekend need to be at least 33ft long or above in order to make good speed in the rough waters of the main channel.

Passengers: Many boat owners don't stop to think about passenger comfort too much.  If the boat ride isn't too rough on the pilot, then passengers should be fine, right? Wrong. Pilots have the advantage of seeing wave impacts coming and control over how they are attacked, with one hand on the wheel, and another on the throttle(s) they have added support and leverage to resist heavy impacts or rapid directional changes. Passengers on the other hand are mostly left to holding on to anything they can grab onto (including each other) and usually unable to see or pay attention to oncoming waves and brace themselves properly.

Don't overload your boat! Cramming your boat with more people than its carrying capacity allows is illegal and usually a recipe for disaster. Even pushing the capacity can be unwise if your going out for and extended boating day. Coolers weigh a lot. More people in your boat means more cargo, and both mean more weight that can result in your boat struggling in rough conditions.  To be safe, make sure you know your boat's operating capacity for specific conditions. For instance, while I can legally carry 9 passengers in my 27' boat, on a summer weekend doing so would be hard on everyone, including the boat.

Don't forget, if someone is hurt on your boat, with little exception you are required to report it to the Water Patrol.

Location: The Lake of the Ozarks is one of the largest commercial lakes in the U.S. with over 1100 miles of shoreline and over 100 miles of main channel and where you play can have a dramatic impact on water conditions and the type of boat that's enjoyable to use.  Generally speaking, the first 31 miles of the main channel (starting at Bagnell Dam) are the most popular, and thereby the roughest. The state park area where Party Cove is located makes it just as busy as anywhere else on the weekends, especially the short run from the Grand Glaize Bridge to the mouth of PC.  In fact, this particular three mile stretch of the Grand Glaize branch can be some of the roughest water on the lake during the weekends. Elsewhere, boaters far upriver past Hurricane Deck (above 35MM) or the Niangua River arms usually have a little less traffic, but this is offset by the narrowing of the main channel and the overall effect is virtually the same, rough water. While the lake can be rough anywhere and at anytime these outer reaches are usually a little more subdued. On the weekdays, even in the peak of summer, the lake is rarely congested and boating is very casual just about anywhere.

The idea that bigger is better, ride-wise, is the main reason the lake is as rough as it is today.  If a smooth ride is what you are after, get a bigger boat, slow down, or play on a weekday.

As for that 27ft Pachanga of mine? While it is a bit of a slog on the summer weekends to make speed, it can still handle the water with only the occasional bump or bruise, but it is certainly all the boat needed during the week.  I think I'll keep it for awhile longer... or until the price comes down a bit on that 35ft Donzi I saw on eBay last week.  :)

Boating License Requirements

I often discuss safety on the Lake of the Ozarks but often fail to mention the requirement for boaters to have an operators license in Missouri.

The Missouri Boater Education Law went into effect January 1, 2005, stating anyone born after January 1st, 1984 must complete a NASBLA* approved boating education course and obtain an operator's certification in order to legally operate a vessel. This includes personal watercraft such as a "jet ski", or "waverunner".  This law applies only to Missouri public lakes excluding rivers, streams, and "private waters". For the purposes of this law, the Lake of the Ozarks is considered a public lake.

Out of state visitors may use their own state's boating license or certification if it came from a NASBLA approved course, but you must carry the proof of course completion and a photo ID on you while underway. The law applies whether you own or rent a vessel while visiting.

If you fall into the age group requiring a certificate, getting caught operating a boat without one is a Class B misdemeanor punishable by citation and a fine.  There is no stated exclusion for non-motor driven vessels such as sailboats, or even human powered vessels such as paddle boats, canoes, or kayaks (unless on a river or stream). Fortunately, most states within reach of the lake have similar laws so most visitors will either have one, or be excluded due to age.

*NASBLA - National Association of State Boating Law Administrators

Encapuslated Foam Disposal - Hey Ameren! A Little Help?

UPDATE:  Oct 16, 2015 During Ameren's sponsored shoreline cleanups, in both spring and fall, dumpsters are placed throughout the lake area.  Bring all of your lake collected trash to one of these facilities, by land or sea, and it will be properly disposed of at no expense. You will need to contact Ameren for the location nearest you and confirm if you have a lot. bvance@ameren.com
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As the lake rises to summer levels there is the inevitable influx of trash and unwanted material back into the Osage river system.  Most of this material is small trash that will, unfortunately, make its way to the Gulf of Mexico, but not all.  The large encapsulated foam "tubs" that are required by all dock owners now can sometimes be found floating around in various states of condition, some are completely intact and can be reused, while others are damaged and cannot. These tubs are tough but not indestructible.  Damaged tubs cannot help support a dock but they are practically unsinkable and float around until they make their way to the backs of coves, or down to the dam.  I've retrieved two unusable tubs myself just to keep them out of traffic.  The outdrive I save may be my own.

There in the lies the problem.  Disposing of bad dock foam has always been a problem but at least there were facilities that would do it.  I've tried to find a proper disposal location for these tubs, but so far cannot find any service that will take them.  The response from WCA was "Good luck".  Ameren has the clout to help setup some process for dealing with this problem, a little leadership on this front would be helpful.

If I figure out a way to dispose of these things...properly... I'll post it.

Reporting Boating Accidents on the Lake

As the 2015 Summer season is upon us, I thought it would be a good time to start our annual “Safety First!” post with a notice regarding accident reporting, and when it is needed.  As has been discussed before, the relative safety of boating on the Lake of the Ozarks is comparable to just about anywhere else in the U.S., but what is not typical are the incidences of minor personal injury.  Anecdotally, and in the media, the Lake has a reputation for being unsafe, as visitors and resident boaters often have a story or two to tell in regards to someone getting hurt.  The disconnect between the national data and the reputation of the lake lies in the number of unreported incidents.

The Missouri Water Patrol dutifully documents all fatalities and accidents they are involved with but incidents regarding minor injuries, or sometimes major ones often incorrectly go unreported. Most boaters, understanding the risks of riding in a boat under siege by large waves, take injuries in stride without reporting anything to Water Patrol.  It is quite understandable that if someone falls to the deck, or scrapes a prop, or some other mishap not requiring a visit to the emergency room, the first thought isn't to call the authorities to file a report.  While it's easy to think that minor injuries are not worth the trouble to report, federal requirements exist making it mandatory to report accidents to state authorities in the case where:

• A person dies; or
• A person disappears from the vessel under circumstances that indicate death or injury; or
• A person is injured and requires medical treatment beyond first aid (emphasis mine); or
• Damage to vessels or other property totals $2000 or more; or
• There is a complete loss of any vessel.

The Code of Federal Regulations (33 CFR 173; Subpart C) define the minimum reporting requirements but states are allowed more stringent requirements.  For Missouri:

• An injury occurs causing any person to lose consciousness, require medical treatment, or be disabled for more than 24 hours; or
• Damage to the vessel and other property exceeds $500.

The emphasis on the personal injury in the federal guideline means only the most superficial injuries can go unreported.  I’m sure many boaters can attest to accident experiences that often require treatment “beyond” first aid (I know I bear my share of scars, and watched others get theirs), but do not report them.  The reasons for not reporting accidents range from simply not knowing it is required, to avoiding the authorities for fear of liability, either way it is clearly a difficult requirement to enforce if the accident occurs without Water Patrol involvement.

The failure of relevant injury reporting is not only against the law, it limits statistical data available to only involving deaths and major injuries, which are thankfully as rare as anywhere else, but also means there can be no proper assessment for general safety on the Lake of the Ozarks.  Minor injuries are often not so minor in the long term, and what goes unreported is actually statistically important. In fact, this deficit in accountability may actually be favoring the statistical assessment that the Lake of the Ozarks is safer than it may actually be in comparison to other lakes where minor incidents are as infrequent as major ones. If we wish to try and address safety issues at the Lake and improve the overall boating experience for all, we must properly account for all accidents, in order to accurately assess safety over time, the effectiveness of regulations, and making informed decisions as to how to improve the situation.

If you hurt someone on your boat to the degree stated, please report it properly to the Missouri Water Patrol @
Emergency Phone
1-800-525-5555 or *55 (Cellular)

Navigating Party Cove

From a boat owners point of view, the "Party Cove" can be a bit intimidating, especially for first time visitors. Here's some help on getting out there and seeing what all the fun is about and bringing your boat back in one piece.

A Boating Guide to Party Cove

U.S.Coast Guard Authority On The Lake Of The Ozarks

What authority does the Coast Guard have on the Lake?

U.S. Coast Guard Authority On The Lake

Is Your Dock Electrically Safe?

Updated: ESD and Your Dock

Nothing fires up action in local government quite like having to take responsibility for a lack of adherence to safety standards that results in a death.  After 3 deaths in 2012 due to faulty electrical wiring, both Osage Beach, Village of Four Seasons, and Lake Ozark have made changes in local ordinances regarding dock wiring.  All docks must now conform to National Electrical Code standards and be inspected before Ameren will grant a new dock permit or when property ownership changes.  Both the Osage Beach and Lake Ozark Fire Department Districts provide the inspection for a fee.

Electricity and water are always a tricky combination, and water soaked skin makes for a near perfect conductor, but proper design and installation of a dock's electrical system can mitigate the risk to acceptable levels.  I encourage all property owners to have their dock wiring inspected and certified regardless of whether or not it is required and, if found deficient, have a certified electrician do the work. It is not enough to know basic wiring and common sense to wire up your dock anymore.

For instance, many docks have, and are now required to have, a shoreline over current protection (fuse, or circuit breaker) or disconnect device located on-shore to disconnect main power to the dock, but what is not commonly known is that this device must be within six feet of the ramp AND a minimum of 42" above the ramp walkway, or no lower than 665' elevation.  Currently, it is very common to see dock disconnect junction boxes set only a few inches above the ground, although most are within 6' of the ramp.  A thorough understanding of electrical bonding is also needed as all metal parts of a dock must now be connected to ground.  There are commercial systems available designed to monitor for leakage current in the water, but these are NOT required, and unnecessary if the wiring is to code.  The many requirements of the NEC are beyond most weekend-wire-nuts like me to know and implement properly, but there is no law in saying you have to have a licensed electrician do the work.  Just don't complain when you have to pay to have it re-inspected several times to bring it to compliance or even start from scratch.  Wiring is expensive and getting it wrong can be very costly.

Ameren does not provide inspections but they do provide some insight into what you can expect.
Dock Expanded Electrical Requirements (PDF) (2019 Note: This is an archival version from the date of this post. An updated version is available here).

As property owners we have a responsibility to our families, and our neighbors, to keep the lake as safe as possible for everyone.