5262S.03C
1
SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1351
AN ACT
To repeal section 256.410, RSMo, and to enact in lieu
thereof one new section relating to the release of
certain confidential information by the division of
geology and land survey, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 256.410, RSMo, is repealed and one new
section enacted in lieu thereof, to be known as section 256.410,
to read as follows:
256.410. 1. No major water user shall withdraw or
divert water from any water source without filin g an
official registration document with the division. The
registration document shall set forth:
(1) The name and mailing address of the applicant;
(2) The name, if any, and location of the water source;
(3) The type of water source ( such as well, lake or
stream);
(4) The point in the water source from which it is
proposed to withdraw or divert the water;
(5) The name, location, and acreage of the lands or
other application to which such water is to be diverted;
(6) The location and description of the water well,
canal, tunnel or pipes and other works or equipment through
which the water is to be withdrawn or diverted;
(7) The amount in gallons of water withdrawn or
diverted on an average day of operation, and the number of
days and the months during the preceding year, when water
was diverted;
2
(8) The total amount in gallons withdrawn or diverted
during the preceding year, and the periods of time when such
diversion is scheduled during the current year.
The foregoing requirements of this subsection shall not
apply to water being pumped from mines and quarries and such
water user shall only be required to set forth the quantity
pumped from the mine and quarry at each point where it is
pumped to the point to discharge and only the name of the
stream into which any of the discharge is permitted to flow.
2. Withdrawal or diversion of water by major users may
continue during the first calendar year after September 28,
1983, or after the in itial date of their operation, at which
time a registration document must be filed. The filing
period shall extend from January first through March thirty -
first. Withdrawal or diversion may continue during the
filing period. Location data shall be g iven in terms of
section, township and range.
3. Except as provided in this subsection, all
information obtained by the division from the filed
registration document shall remain confidential and shall
not be released by the division to the publi c or disclosed
in response to any request, including a records request
under chapter 610. However, the division may disclose in
the aggregate for each county the number of major water
users and the amount of water used. Additionally, the
division may disclose information obtained from the document
in response to a subpoena or a court order, but in doing so
the division shall not disclose more information than is
necessary to comply with the subpoena or order. Any
employee of the division who pur posely or knowingly
discloses confidential information in violation of this
subsection shall be subject to disciplinary action by the
division and is guilty of a class A misdemeanor.