0251S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 82
AN ACT
To amend chapter 640, RSMo, by adding thereto two new
sections relating to water resources.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto
two new sections, to be known as sections 640.406 and 640.408,
to read as follows:
640.406. 1. For the purposes of this section, the
following terms mean:
(1) "Applicant", any person applying for a water
exportation permit;
(2) "Beneficial uses", water uses, which include but
are not limited to domestic, agricultural, industr ial,
recreational, and other legitimate beneficial uses;
(3) "Commission", the Missouri water resources
commission as established in section 640.408;
(4) "Department", the Missouri department of natural
resources;
(5) "Director", the director of the department of
natural resources;
(6) "End use", the final location for which the
exported water will be used, consumed, or applied for a
stated beneficial use;
(7) "Person", any individual, partnership,
copartnership, firm, c ompany, public or private corporation,
association, joint stock company, trust, estate, political
subdivision, water district, or any agency, board,
department, or bureau of the federal or any state
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government, or any other legal entity which is recogn ized by
law as the subject of rights and duties;
(8) "Water exportation permit", a permit issued by the
department, approved by the commission, granting the
exportation of water outside the state of Missouri subject
to the provisions of this sect ion;
(9) "Water resources", any Missouri water source
occurring on the surface, in natural or artificial channels,
lakes, reservoirs, or impoundments, and in subsurface
aquifers which are available or which may be made available.
2. In order to protect the access, use, and enjoyment
of Missouri's water resources, it shall be unlawful for any
person to export water resources outside the state of
Missouri unless such person holds a water exportation permit
issued by the department, subject to the following
exemptions:
(1) If the withdrawal and end use of water resources
are within thirty miles of the border of the state, any
person exempt under the provision of this section shall
report to the director annually the person's water u se
volumes and withdrawal rates in a format and timeline
determined by the director. Such report shall also be
provided to the commission; and
(2) Exportation of bottled water, or water packaged in
containers intended for single use.
3. The director shall review each water exportation
permit application and all supporting materials to ensure
all the following conditions have been met prior to
accepting a water exportation permit application for public
comment and review by the commissio n:
(1) There are water resources available in the volumes
and withdrawal rates requested by the applicant for export;
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(2) The applicant has demonstrated both a present need
and beneficial use for the water resources. In making the
determination of need and beneficial use, the director shall
consider the availability of all water sources, whether in
state or out of state, along with other relevant factors as
the director and the commission deem appropriate;
(3) The volume and withdra wal rates requested by the
applicant shall not interfere with existing and projected in -
state beneficial uses;
(4) The applicant has demonstrated that water in the
amounts and rates requested can feasibly be exported to meet
its intended benefici al uses;
(5) The applicant has provided relevant information
and the director and the commission confirmed that issuance
of a water exportation permit is necessary for the
beneficial use of the applicant or the applicant's
customers, and the bene ficial use at the end use location is
not reasonably attainable through a method other than
granting a water exportation permit under this section;
(6) In the event of a conflict between the beneficial
use outside the state and the beneficial use needs in the
state, the director and the commission shall prioritize the
beneficial use needs of the state and its citizens over the
applicant or other state; and
(7) Whenever a person applies for a water exportation
permit or water exportation p ermit renewal, the department
of natural resources shall send a written notice within
thirty business days after receiving the permit application
to the county commission of the county where the water for
exportation is located.
4. Within one hundred twenty days after the receipt of
a complete application, the director shall determine whether
the applicant complied with provisions of subsection 3 of
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this section. The director shall, after making such
determination, hold a thirty -day public comment period
regarding the director's determination. Within sixty days
after the comment period, the director shall recommend
approval or denial of the permit. Such recommendation,
along with all public comments, shall be submitted to the
commission. The commission shall have a public hearing
within thirty days after receipt of the director's
recommendation. This public hearing may be scheduled during
one of the commission's regular quarterly meetings. The
commission shall make a final decisio n to approve or deny
the water exportation permit within thirty days after the
public hearing. A three-fourths majority of the commission
members present shall be required to approve the issuance or
renewal of a water exportation permit.
(1) To renew a valid water exportation permit, an
applicant shall file a renewal application for a water
exportation permit with the department no later than two -
hundred seventy one days prior to the expiration of the
existing water exportation permit. The applicant, director,
and the commission shall follow the same procedures and
timelines as required for the issuance of a new water
exportation permit under this section. The director may
impose additional conditions to address any substantial or
material change in factors under subsection 3 of this
section or may deny a renewal application as necessary to
comply with this section based on any such substantial or
material changes in factors under subsection 3 of this
section. If the director or the commission are in the
process of reviewing the renewal application before the
final decision is made and the existing applicant's water
exportation permit expires, such applicant shall be able to
operate under the terms of the expired water exportatio n
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permit until a final decision is made by the commission on
the renewal of such permit.
(2) In the absence of an appeal as provided under
chapter 536, the decision of the commission shall be final.
5. A water exportation permit shall be in effect for
three years from the date of issuance. The permit holder
shall annually report the water use volumes and withdrawal
rates to the department in a manner and on timelines
determined by the department.
6. The water exportation permit app lication shall
include all water exportation requested by the applicant.
The water exportation permit may be approved in whole or in
part by the director or the commission. This section shall
be interpreted to allow one applicant to include multiple
water withdrawals for export from various locations within
one water exportation permit application.
7. A water exportation permit application shall
include a designee or agent in the state of Missouri for
service of process and to receive other notices.
8. A major water user, as defined in section 256.400,
may request the department to reevaluate any existing water
exportation permit using the criteria under subsection 3 of
this section. The department shall create a mechanism for a
major water user to submit a request for reevaluation and
shall provide the major water user with the director's
findings within one-hundred and twenty days of the request
for reevaluation. After reevaluating the permit, the
director shall impose additi onal conditions necessary for
the continued exportation of water outside the state if the
director determines that the existing permit is negatively
impacting the requesting major water user's beneficial use
of his or her water resources. The director's decision to
modify or to decline to modify the conditions in an existing
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permit pursuant to this subsection shall be subject to
approval by the Missouri water resources commission.
9. Nothing in this section shall preclude a person
from bringing any constitutional, statutory, or common law
claim to vindicate or otherwise defend the person's water
rights. A permit issued under this section shall not serve
as a defense to any claim brought against a water permit
holder for the infringement o f water rights.
10. If the attorney general receives a complaint that
provisions of this section have been violated, or, at the
request of the department, the attorney general shall bring
an injunctive action or other appropriate action in the nam e
of the people of the state to enforce provisions of this
section. Suit may be brought in Cole County, or in any
county where the defendant's principal place of business is
located or where the withdrawal of water occurred in
violation of this secti on.
11. Whenever a state of emergency is declared by the
governor under section 44.100 for all, or any part of the
state, based on drought conditions, the department shall
reevaluate any existing water exportation permit. Any
reevaluation completed under this section shall use the
criteria under subsection 3 of this section. After
reevaluation of the permit is complete, the department shall
have the authority to impose additional conditions or revoke
the permit if necessary for the continued exportation of
water outside the state if the director determines that the
existing permit negatively impacts beneficial use of water
resources. The director's decision to modify, revoke, or
make no changes to the permit shall be subject to the
approval or denial of the Missouri water resources
commission.
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640.408. 1. There is hereby established the "Missouri
Water Resources Commission". The commission shall consist
of nine members:
(1) The director of the department of na tural
resources or the director's designee;
(2) Two members of the house of representatives
appointed by the speaker of the house of representatives,
with one of the appointees having substantial agricultural
knowledge;
(3) Two members of the senate appointed by the
president pro tempore of the senate, with one of the
appointees having substantial agricultural knowledge;
(4) Chief of administration of the southeast Missouri
water district established under section 256.643 or the
chief's designee;
(5) The director of the department of agriculture or
the director's designee;
(6) The chair of the Missouri clean water commission
or the chair's designee;
(7) The chair of the Missouri soil and water districts
commission or the chair's designee.
2. Each member of the Missouri water resources
commission shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their official duties.
3. Each legislative member of the Missouri water
resources commission is entitled to receive the same per
diem, mileage, and travel allowances paid to members of the
general assembly serving on interim committees. The
allowances specified in this subsection sha ll be paid from
the amounts appropriated for that purpose.
4. The Missouri water resources commission shall meet
at least quarterly to receive general updates by the
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director of the department of natural resources regarding
Missouri water resourc e availability. They shall, as
required by section 640.406, meet in an expeditious manner
to fulfill the duties set forth in section 640.406. The
commission shall elect a chairman bi -annually and shall have
a quorum when at least five members are pre sent.
5. No member appointed under subdivisions (2) or (3)
of subsection 1 of this section shall serve for more than
six years total in his or her capacity as a member of the
general assembly.