FIRST REGULAR SESSION
SENATE BILL NO. 82
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
0251S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 640, RSMo, by adding thereto one new section relating to water preservation in
the state of Missouri.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by addi ng thereto 1
one new section, to be known as section 640.406, to read as 2
follows:3
640.406. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "Beneficial uses", uses of the waters of the state 3
including, but not limited to, domestic, agricultural, 4
industrial, recreational, and other legitimate beneficial 5
uses; 6
(2) "Commission", the clean water commission 7
established under section 644.021; 8
(3) "Department", the Missouri department of natural 9
resources; 10
(4) "Director", the director of the department of 11
natural resources; 12
(5) "Person", any individual, partnership, 13
copartnership, firm, company, public or private corporation, 14
association, joint stock company, trust, estate, political 15
subdivision, water district, or any agency, board, 16
department, or bureau of the federal or any state 17 SB 82 2
government, or any other legal entity that is recognized by 18
law as the subject of rights and duties; 19
(6) "Pipeline facility", all parts of a facility 20
through which water moves in transportation including, but 21
not limited to, pipe, valves and other appurtenances 22
connected to pipe, pumping units, fabricated assemblies 23
associated with pumping units, metering and delivery 24
stations and fabricated assemblies the rein, and breakout 25
tanks; 26
(7) "Water resources", all waters of the state 27
occurring on the surface, in natural or artificial channels, 28
lakes, reservoirs, or impoundments, and in subsurface 29
aquifers that are available or that may be made available. 30
2. It shall be unlawful for any person to withdraw 31
water from any water source for export outside the state of 32
Missouri via a pipeline facility unless such person holds a 33
water exportation permit issued by the department. A water 34
exportation permit shall not be required to withdraw water 35
from any water source for export outside of the state where 36
the withdrawal and ultimate end use are within the same six - 37
digit hydrological unit code as defined by the United States 38
Geological Survey and with in twenty miles of the border of 39
the state of Missouri. 40
3. Before issuing any permit required by this section, 41
the director shall determine from the application and any 42
supporting materials whether the following conditions have 43
been met: 44
(1) There is water available in the amount specified 45
in the application to export for water use outside the state 46
of Missouri; 47
(2) The applicant has a present or future need for the 48
water and intends to put the water into beneficial use. In 49 SB 82 3
making the determinations of need and beneficial use, the 50
director shall consider the availability of all water 51
sources and other relevant matters as the director deems 52
appropriate and may consider the availability of groundwater 53
as an alternative source; 54
(3) The proposed use will not interfere with existing 55
in-state uses; and 56
(4) The proposed use will not interfere with proposed 57
beneficial uses within the state. In making this 58
determination, the director shall conduct a review under 59
subsection 5 of this section. 60
4. (1) Within one hundred eighty days of receipt of 61
an application for a water exportation permit under this 62
section, the director shall determine whether the conditions 63
of subsection 3 of this section are satisfied. If such 64
conditions are satisfied, the director shall make a 65
recommendation to the commission for approval of the permit. 66
(2) Upon receipt of the director's recommendation for 67
approval of a permit, the commission shall, at its next 68
meeting from the dire ctor's submission of such, indicate the 69
commission's approval or disapproval of the recommendation 70
by a majority vote of the members present. 71
(3) If the commission rejects the director's 72
recommendation, the permit shall be automatically denied. 73
(4) If the commission approves the director's 74
recommendation, the director shall issue the permit within 75
ninety days of the commission's approval. 76
(5) Any application for renewal of an active water 77
exportation permit under this section shall b e filed at 78
least one hundred eighty days prior to the expiration of an 79
existing permit. In determining whether a recommendation 80
for renewal is appropriate, the director shall assess 81 SB 82 4
whether the conditions of subsection 3 of this section are 82
still satisfied. 83
5. (1) Before granting access to a water resource for 84
uses outside this state, the director shall consider 85
existing and proposed in -state uses in order to guarantee 86
that in-state users will have access to and use of all water 87
required to maintain an adequate supply for beneficial uses. 88
(2) The director shall review the needs for water 89
supply export every five years to determine whether the 90
water supply continues to be adequate for municipal, 91
agricultural, industrial, domestic, an d other beneficial 92
uses within the state. 93
6. Subsections 3 to 5 of this section are subject to 94
the most recent reports, data, and information in 95
consideration of each permit application, whether the 96
application is for an initial permit or renewal of an active 97
or expired permit. 98
7. The review conducted under subsection 5 of this 99
section shall not be used to reduce the quantity of water 100
authorized to be transferred pursuant to the active life of 101
permits issued prior to such review. 102
8. On the filing of an application to export water 103
outside the state, the applicant shall designate an agent in 104
the state of Missouri for service of process and to receive 105
other notices. 106
9. In the event of a conflict between the conditions 107
of use required in Missouri and the conditions required in 108
another state, the water permit holder shall consent to 109
conditions imposed by the director. 110
10. The time-limited, active life of the water 111
exportation permit, not to exceed five years, shall requ ire 112
the director to determine whether there has been a 113 SB 82 5
substantial or material change relating to renewals of such 114
permits. The director may include additional conditions to 115
address any such substantial or material change when issuing 116
a renewal of such permit. The director may deny permit 117
renewal applications as necessary to comply with this 118
section based on any such substantial or material change. 119
11. At the request of the department, the attorney 120
general may bring an injunctive action or o ther appropriate 121
action to enforce provisions of this section. A cause of 122
action may be brought in any county where the defendant's 123
principal place of business is located or where the 124
withdrawal of water occurred. 125