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NewsApril 29, 1994

The executive vice president of Little River Drainage District says his group is not opposed to having a gambling boat on the Diversion Channel, as long as the project would not damage a levee designed to protect more than a half million acres of land...

The executive vice president of Little River Drainage District says his group is not opposed to having a gambling boat on the Diversion Channel, as long as the project would not damage a levee designed to protect more than a half million acres of land.

"Our main concern is the integrity of the levee and protection of landowners down below," said Larry Dowdy.

He said several companies seeking to place a gambling boat in Scott City talked with the district's five-member board of supervisors about using the channel.

On Monday, the Scott City Council endorsed a $63.2 million riverboat casino proposal from Lady Luck Gaming Corp. The company will apply for a license for a docking site just east of the Rhodes Travel Center, 2-1/2 miles west of the Mississippi River.

There is some question whether Missouri's riverboat gambling law would allow a boat to be docked that far from the river. State law restricts boats to the Missouri and Mississippi Rivers, and it would be up to the Missouri Gaming Commission to decide whether Lady Luck's site is legal.

Dowdy said his district's board believes it would be possible to use the channel for a riverboat.

"Physically, they probably could run a boat on the channel," said Dowdy. "It may require widening and deepening the channel, but a lot depends on the size of the boat.

"Legally, I don't know. That is a question that would have to be answered by someone other than me and the district."

Lady Luck officials have suggested they might seek a declaratory judgment in circuit court to get an interpretation of Missouri's gambling law. So far, the legal issues are unresolved.

As for the other issues related to placing a boat on the channel, Dowdy said the Little River Drainage District will carefully scrutinize any plans to ensure the integrity of levee system.

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The U.S. Army Corps of Engineers is required by federal law to inspect mainline levees like the one along the Diversion Channel. Dowdy said he expects any proposal to also receive a careful review from the corps.

In order to control wake and wave action against the banks of the channel, the district has for years imposed a 10-horsepower limit on boats using the channel. Dowdy said the limit is strictly enforced, but added that a slow moving gambling boat will not damage banks in the way that high-speed smaller boats would.

"I don't see that being a problem really," said Dowdy. "We are talking about a low idle, not moving quickly. The slow speed of the boat and the surface area they cover will not create much wave or wake action.

"I think the biggest problem the company has is getting a determination of whether they can legally put a boat there."

Dowdy said his board was not surprised when they were approached by gambling companies, because of the channel's proximity to the river and Interstate 55.

"We told both groups that if it was both viable and legal, we would be willing to sit down, listen to their proposals, and see what kind of a plan is drawn," said Dowdy. "Our main concern is the integrity of that levee. It protects a lot of people and land down below."

The Diversion Channel is private property, owned by property owners of Little River Drainage District. The district's purpose is to provide flood protection and outlet drainage for parts of seven counties in the Bootheel, encompassing about 550,000 acres.

The district, which is maintained from special assessments against abutting property, has more than 2,000 landowners.

If a boat uses the channel, Dowdy said there would be some kind of a lease agreement with Lady Luck that could result in a reduction of the property assessments for the district.

The Diversion Channel was constructed between 1910 and 1912 as swamps in the Bootheel were drained, opening up rich agricultural lands.

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