SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1351
102ND GENERAL ASSEMBLY
5262S.03C KRISTINA MARTIN, Secretary
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Section A. Section 256.410, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 256.410, 2
to read as follows:3
256.410. 1. No major water user shall withdraw or 1
divert water from any water source without filing an 2
official registration document with the division. The 3
registration document shall set forth: 4
(1) The name and mailing address of the applicant; 5
(2) The name, if any, and location of the water source; 6
(3) The type of water source (such as well, lake or 7
stream); 8
(4) The point in the water source from which it is 9
proposed to withdraw or divert the water; 10
(5) The name, location, and acreage of the lands or 11
other application to which such water is to be diverted; 12
(6) The location and description of the water well, 13
canal, tunnel or pipes and other works or equipment through 14
which the water is to be withdrawn or diverted; 15 SCS SB 1351 2
(7) The amount in gallons of water withd rawn or 16
diverted on an average day of operation, and the number of 17
days and the months during the preceding year, when water 18
was diverted; 19
(8) The total amount in gallons withdrawn or diverted 20
during the preceding year, and the periods of time wh en such 21
diversion is scheduled during the current year. 22
The foregoing requirements of this subsection shall not 23
apply to water being pumped from mines and quarries and such 24
water user shall only be required to set forth the quantity 25
pumped from the mine and quarry at each point where it is 26
pumped to the point to discharge and only the name of the 27
stream into which any of the discharge is permitted to flow. 28
2. Withdrawal or diversion of water by major users may 29
continue during the first calend ar year after September 28, 30
1983, or after the initial date of their operation, at which 31
time a registration document must be filed. The filing 32
period shall extend from January first through March thirty - 33
first. Withdrawal or diversion may continue du ring the 34
filing period. Location data shall be given in terms of 35
section, township and range. 36
3. Except as provided in this subsection, all 37
information obtained by the division from the filed 38
registration document shall remain confidential and s hall 39
not be released by the division to the public or disclosed 40
in response to any request, including a records request 41
under chapter 610. However, the division may disclose in 42
the aggregate for each county the number of major water 43
users and the amount of water used. Additionally, the 44
division may disclose information obtained from the document 45
in response to a subpoena or a court order, but in doing so 46 SCS SB 1351 3
the division shall not disclose more information than is 47
necessary to comply with the subpoen a or order. Any 48
employee of the division who purposely or knowingly 49
discloses confidential information in violation of this 50
subsection shall be subject to disciplinary action by the 51
division and is guilty of a class A misdemeanor. 52