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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 157 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR HENDERSON. |
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| 6 | 6 | | 1304S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal section 256.410, RSMo, and to enact in lieu thereof one new section relating to the |
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| 9 | 9 | | release of certain confidential information by the Missouri geological survey, with |
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| 10 | 10 | | penalty provisions. |
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| 11 | 11 | | |
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| 12 | 12 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 13 | 13 | | Section A. Section 256.410, RSMo, is repealed and one new 1 |
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| 14 | 14 | | section enacted in lieu thereof, to be known as section 256.410, 2 |
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| 15 | 15 | | to read as follows:3 |
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| 16 | 16 | | 256.410. 1. No major water user shall withdraw or 1 |
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| 17 | 17 | | divert water from any water source without filing an 2 |
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| 18 | 18 | | official registration document with the division. The 3 |
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| 19 | 19 | | registration document shall set forth: 4 |
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| 20 | 20 | | (1) The name and mailing address of the applicant; 5 |
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| 21 | 21 | | (2) The name, if any, and location of the water source; 6 |
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| 22 | 22 | | (3) The type of water source (such as well, lake or 7 |
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| 23 | 23 | | stream); 8 |
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| 24 | 24 | | (4) The point in the water source from which it is 9 |
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| 25 | 25 | | proposed to withdraw or divert the water; 10 |
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| 26 | 26 | | (5) The name, location, and acreage of the lands or 11 |
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| 27 | 27 | | other application to which such wa ter is to be diverted; 12 |
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| 28 | 28 | | (6) The location and description of the water well, 13 |
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| 29 | 29 | | canal, tunnel or pipes and other works or equipment through 14 |
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| 30 | 30 | | which the water is to be withdrawn or diverted; 15 |
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| 31 | 31 | | (7) The amount in gallons of water withdrawn or 16 |
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| 32 | 32 | | diverted on an average day of operation, and the number of 17 SB 157 2 |
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| 33 | 33 | | days and the months during the preceding year, when water 18 |
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| 34 | 34 | | was diverted; 19 |
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| 35 | 35 | | (8) The total amount in gallons withdrawn or diverted 20 |
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| 36 | 36 | | during the preceding year, and the periods of time when such 21 |
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| 37 | 37 | | diversion is scheduled during the current year. 22 |
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| 38 | 38 | | The foregoing requirements of this subsection shall not 23 |
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| 39 | 39 | | apply to water being pumped from mines and quarries and such 24 |
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| 40 | 40 | | water user shall only be required to set forth the quantity 25 |
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| 41 | 41 | | pumped from the mine and quarry at each point where it is 26 |
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| 42 | 42 | | pumped to the point to discharge and only the name of the 27 |
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| 43 | 43 | | stream into which any of the discharge is permitted to flow. 28 |
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| 44 | 44 | | 2. Withdrawal or diversion of water by major users may 29 |
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| 45 | 45 | | continue during the first calendar year after Septe mber 28, 30 |
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| 46 | 46 | | 1983, or after the initial date of their operation, at which 31 |
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| 47 | 47 | | time a registration document must be filed. The filing 32 |
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| 48 | 48 | | period shall extend from January first through March thirty - 33 |
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| 49 | 49 | | first. Withdrawal or diversion may continue during the 34 |
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| 50 | 50 | | filing period. Location data shall be given in terms of 35 |
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| 51 | 51 | | section, township and range. 36 |
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| 52 | 52 | | 3. Except as provided in this subsection, all 37 |
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| 53 | 53 | | information obtained by the Missouri geological survey from 38 |
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| 54 | 54 | | the filed registration document shall remain confidential 39 |
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| 55 | 55 | | and shall not be released by the Missouri geological survey 40 |
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| 56 | 56 | | to the public or disclosed in response to any request, 41 |
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| 57 | 57 | | including a records request under chapter 610. However, the 42 |
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| 58 | 58 | | Missouri geological survey may disclose in the aggregate for 43 |
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| 59 | 59 | | each county the numb er of major water users and the amount 44 |
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| 60 | 60 | | of water used. Additionally, the Missouri geological survey 45 |
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| 61 | 61 | | may disclose information obtained from the document in 46 |
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| 62 | 62 | | response to a subpoena or a court order, but in doing so the 47 |
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| 63 | 63 | | Missouri geological survey shall not disclose more 48 SB 157 3 |
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| 64 | 64 | | information than is necessary to comply with the subpoena or 49 |
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| 65 | 65 | | order. Any employee of the Missouri geological survey who 50 |
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| 66 | 66 | | purposely or knowingly discloses confidential information in 51 |
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| 67 | 67 | | violation of this subsection shall be subject to 52 |
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| 68 | 68 | | disciplinary action by the Missouri geological survey and is 53 |
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| 69 | 69 | | guilty of a class A misdemeanor. This subsection shall only 54 |
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| 70 | 70 | | apply to information obtained from major water users with 55 |
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| 71 | 71 | | respect to water withdrawn or diverted for use on 56 |
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| 72 | 72 | | agricultural land, as define d in section 350.010, within the 57 |
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| 73 | 73 | | state. 58 |
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| 74 | 74 | | |
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