FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 82
103RD GENERAL ASSEMBLY
0251S.03C KRISTINA MARTIN, Secretary
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 1
two new sections, to be known as sections 640.406 and 640.408, 2
to read as follows:3
640.406. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Applicant", any person applying for a water 3
exportation permit; 4
(2) "Beneficial uses", water uses, which include but 5
are not limited to domestic, agricultural, industrial, 6
recreational, and other legitimate beneficial uses; 7
(3) "Commission", the Missouri water resources 8
commission as established in section 640.408; 9
(4) "Department", the Missouri department of natural 10
resources; 11
(5) "Director", the director of the department of 12
natural resources; 13
(6) "End use", the final location for which the 14
exported water will be used, consumed, or applied for a 15
stated beneficial use; 16
(7) "Person", any individual, partnership, 17
copartnership, firm, company, public or private corporation, 18 SCS SB 82 2
association, joint stock company, trust, estate, political 19
subdivision, water district, or any agency, board, 20
department, or bureau of the federal or any state 21
government, or any other legal entity which is recognized by 22
law as the subject of rights and duties; 23
(8) "Water exportation permit", a permit issued by the 24
department, approved by the commission, granting the 25
exportation of water outside the state of Missouri subject 26
to the provisions of this section; 27
(9) "Water resources", any Missouri water source 28
occurring on the surface, in natural or artificial channels, 29
lakes, reservoirs, or impoundments, and in sub surface 30
aquifers which are available or which may be made available. 31
2. In order to protect the access, use, and enjoyment 32
of Missouri's water resources, it shall be unlawful for any 33
person to export water resources outside the state of 34
Missouri unless such person holds a water exportation permit 35
issued by the department, subject to the following 36
exemptions: 37
(1) If the withdrawal and end use of water resources 38
are within thirty miles of the border of the state, any 39
person exempt under th e provision of this section shall 40
report to the director annually the person's water use 41
volumes and withdrawal rates in a format and timeline 42
determined by the director. Such report shall also be 43
provided to the commission; and 44
(2) Exportation of bottled water, or water packaged in 45
containers intended for single use. 46
3. The director shall review each water exportation 47
permit application and all supporting materials to ensure 48
all the following conditions have been met prior to 49 SCS SB 82 3
accepting a water exportation permit application for public 50
comment and review by the commission: 51
(1) There are water resources available in the volumes 52
and withdrawal rates requested by the applicant for export; 53
(2) The applicant has demonstrated bot h a present need 54
and beneficial use for the water resources. In making the 55
determination of need and beneficial use, the director shall 56
consider the availability of all water sources, whether in 57
state or out of state, along with other relevant factors as 58
the director and the commission deem appropriate; 59
(3) The volume and withdrawal rates requested by the 60
applicant shall not interfere with existing and projected in - 61
state beneficial uses; 62
(4) The applicant has demonstrated that water in t he 63
amounts and rates requested can feasibly be exported to meet 64
its intended beneficial uses; 65
(5) The applicant has provided relevant information 66
and the director and the commission confirmed that issuance 67
of a water exportation permit is necessa ry for the 68
beneficial use of the applicant or the applicant's 69
customers, and the beneficial use at the end use location is 70
not reasonably attainable through a method other than 71
granting a water exportation permit under this section; 72
(6) In the event of a conflict between the beneficial 73
use outside the state and the beneficial use needs in the 74
state, the director and the commission shall prioritize the 75
beneficial use needs of the state and its citizens over the 76
applicant or other state; and 77
(7) Whenever a person applies for a water exportation 78
permit or water exportation permit renewal, the department 79
of natural resources shall send a written notice within 80
thirty business days after receiving the permit application 81 SCS SB 82 4
to the county commis sion of the county where the water for 82
exportation is located. 83
4. Within one hundred twenty days after the receipt of 84
a complete application, the director shall determine whether 85
the applicant complied with provisions of subsection 3 of 86
this section. The director shall, after making such 87
determination, hold a thirty -day public comment period 88
regarding the director's determination. Within sixty days 89
after the comment period, the director shall recommend 90
approval or denial of the permit. Such recommendation, 91
along with all public comments, shall be submitted to the 92
commission. The commission shall have a public hearing 93
within thirty days after receipt of the director's 94
recommendation. This public hearing may be scheduled during 95
one of the commission's regular quarterly meetings. The 96
commission shall make a final decision to approve or deny 97
the water exportation permit within thirty days after the 98
public hearing. A three-fourths majority of the commission 99
members present shall be re quired to approve the issuance or 100
renewal of a water exportation permit. 101
(1) To renew a valid water exportation permit, an 102
applicant shall file a renewal application for a water 103
exportation permit with the department no later than two 104
hundred seventy-one days prior to the expiration of the 105
existing water exportation permit. The applicant, director, 106
and the commission shall follow the same procedures and 107
timelines as required for the issuance of a new water 108
exportation permit under this sectio n. The director may 109
impose additional conditions to address any substantial or 110
material change in factors under subsection 3 of this 111
section or may deny a renewal application as necessary to 112
comply with this section based on any such substantial or 113 SCS SB 82 5
material changes in factors under subsection 3 of this 114
section. If the director or the commission are in the 115
process of reviewing the renewal application before the 116
final decision is made and the existing applicant's water 117
exportation permit expires, s uch applicant shall be able to 118
operate under the terms of the expired water exportation 119
permit until a final decision is made by the commission on 120
the renewal of such permit. 121
(2) In the absence of an appeal as provided under 122
chapter 536, the deci sion of the commission shall be final. 123
5. A water exportation permit shall be in effect for 124
three years from the date of issuance. The permit holder 125
shall annually report the water use volumes and withdrawal 126
rates to the department in a manner an d on timelines 127
determined by the department. 128
6. The water exportation permit application shall 129
include all water exportation requested by the applicant. 130
The water exportation permit may be approved in whole or in 131
part by the director or the comm ission. This section shall 132
be interpreted to allow one applicant to include multiple 133
water withdrawals for export from various locations within 134
one water exportation permit application. 135
7. A water exportation permit application shall 136
include a designee or agent in the state of Missouri for 137
service of process and to receive other notices. 138
8. A major water user, as defined in section 256.400, 139
may request the department to reevaluate any existing water 140
exportation permit using the criteria under subsection 3 of 141
this section. The department shall create a mechanism for a 142
major water user to submit a request for reevaluation and 143
shall provide the major water user with the director's 144
findings within one hundred and twenty days of the reque st 145 SCS SB 82 6
for reevaluation. After reevaluating the permit, the 146
director shall impose additional conditions necessary for 147
the continued exportation of water outside the state if the 148
director determines that the existing permit is negatively 149
impacting the requesting major water user's beneficial use 150
of his or her water resources. The director's decision to 151
modify or to decline to modify the conditions in an existing 152
permit pursuant to this subsection shall be subject to 153
approval by the Missouri water reso urces commission. 154
9. Nothing in this section shall preclude a person 155
from bringing any constitutional, statutory, or common law 156
claim to vindicate or otherwise defend the person's water 157
rights. A permit issued under this section shall not serve 158
as a defense to any claim brought against a water permit 159
holder for the infringement of water rights. 160
10. If the attorney general receives a complaint that 161
provisions of this section have been violated, or, at the 162
request of the department, the at torney general shall bring 163
an injunctive action or other appropriate action in the name 164
of the people of the state to enforce provisions of this 165
section. Suit may be brought in Cole County, or in any 166
county where the defendant's principal place of bus iness is 167
located or where the withdrawal of water occurred in 168
violation of this section. 169
11. Whenever a state of emergency is declared by the 170
governor under section 44.100 for all, or any part of the 171
state, based on drought conditions, the depart ment shall 172
reevaluate any existing water exportation permit. Any 173
reevaluation completed under this section shall use the 174
criteria under subsection 3 of this section. After 175
reevaluation of the permit is complete, the department shall 176
have the authority to impose additional conditions or revoke 177 SCS SB 82 7
the permit if necessary for the continued exportation of 178
water outside the state if the director determines that the 179
existing permit negatively impacts beneficial use of water 180
resources. The director's decision to modify, revoke, or 181
make no changes to the permit shall be subject to the 182
approval or denial of the Missouri water resources 183
commission. 184
640.408. 1. There is hereby established the "Missouri 1
Water Resources Commission". The commission shall consist 2
of nine members: 3
(1) The director of the department of natural 4
resources or the director's designee; 5
(2) Two members of the house of representatives 6
appointed by the speaker of the house of representatives, 7
with one of the appointees having substantial agricultural 8
knowledge; 9
(3) Two members of the senate appointed by the 10
president pro tempore of the senate, with one of the 11
appointees having substantial agricultural knowledge; 12
(4) Chief of administrat ion of the southeast Missouri 13
water district established under section 256.643 or the 14
chief's designee; 15
(5) The director of the department of agriculture or 16
the director's designee; 17
(6) The chair of the Missouri clean water commission 18
or the chair's designee; 19
(7) The chair of the Missouri soil and water districts 20
commission or the chair's designee. 21
2. Each member of the Missouri water resources 22
commission shall serve without compensation but shall be 23
reimbursed for actual and necessary expenses incurred in the 24
performance of their official duties. 25 SCS SB 82 8
3. Each legislative member of the Missouri water 26
resources commission is entitled to receive the same per 27
diem, mileage, and travel allowances paid to members of the 28
general assembly serving on interim committees. The 29
allowances specified in this subsection shall be paid from 30
the amounts appropriated for that purpose. 31
4. The Missouri water resources commission shall meet 32
at least quarterly to receive general updates by the 33
director of the department of natural resources regarding 34
Missouri water resource availability. They shall, as 35
required by section 640.406, meet in an expeditious manner 36
to fulfill the duties set forth in section 640.406. The 37
commission shall elect a chairman bi -annually and shall have 38
a quorum when at least five members are present. 39
5. No member appointed under subdivision (2) or (3) of 40
subsection 1 of this section shall serve for more than six 41
years total in his or her capacity as a member of the 42
general assembly. 43