May 23, 2009 at approximately 5:00 pm, Operator 1 and Passenger 1 put a boat on the Neosho River just below Brownwell’s Dam, Neosho Co, Ks.  While traveling downstream the motor malfunctioned.  The current was very strong and was pushing them downstream.  Operator 1 got the motor running and they headed upstream.  The motor malfunctioned again.  Operator 1 began working on the motor.  He told Passenger 1 to steer the powerless boat between a large pipe in the water and the west bank.  Operator 1 planned to tie off to the pipe.  Passenger 1 had a Type II PFD resting around his neck that was not properly fastened.  Operator 1 had a type IV PFD around his wrist.  Five other Type II PFD’s were tied to the gunwale with cord.  A tree was submerged and not visible between the pipe and west bank.  The motor struck a branch and began spinning the bow to the west (starboard).  The port side of the bow, beneath the waterline then struck the tree.  The vessel quickly spun sideways across the river, with the port side against the tree and bow facing west.  The occupants shifted to the port side of the vessel.  Water began entering the vessel near the stern on the port side.  Both occupants jumped down river.  The vessel swamped, the tree broke loose, and the boat completely sunk approximately 100 yards downstream.  When Passenger 1 made contact with the water it ripped his PFD off.  Operator 1 release the Type IV PDF when he made contact with the water.  The boat was still registered to the previous owner.  Citations were issued for no boat registration and PFD’s not accessible.  Brownwell’s Dam is in a public Walk-in Fishing Area, therefore boating law apply.
Chanute                       