FIRST REGULAR SESSION
SENATE BILL NO. 157
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
1304S.01I 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 Missouri geological 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Section A. Section 256.410, RSMo, is repealed and one new 1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 wa ter 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which the water is to be withdrawn or diverted; 15
(7) The amount in gallons of water withdrawn or 16
diverted on an average day of operation, and the number of 17 SB 157 2
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(8) The total amount in gallons withdrawn or diverted 20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 when 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 calendar year after Septe mber 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 during 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 Missouri geological survey from 38
the filed registration document shall remain confidential 39
and shall not be released by the Missouri geological survey 40
to the public or disclosed in response to any request, 41
including a records request under chapter 610. However, the 42
Missouri geological survey may disclose in the aggregate for 43
each county the numb er of major water users and the amount 44
of water used. Additionally, the Missouri geological survey 45
may disclose information obtained from the document in 46
response to a subpoena or a court order, but in doing so the 47
Missouri geological survey shall not disclose more 48 SB 157 3
information than is necessary to comply with the subpoena or 49
order. Any employee of the Missouri geological survey who 50
purposely or knowingly discloses confidential information in 51
violation of this subsection shall be subject to 52
disciplinary action by the Missouri geological survey and is 53
guilty of a class A misdemeanor. This subsection shall only 54
apply to information obtained from major water users with 55
respect to water withdrawn or diverted for use on 56
agricultural land, as define d in section 350.010, within the 57
state. 58