FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 82
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
0251S.05P 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 adding 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 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 state soil and water districts 8
commission under section 278.080; 9
(4) "Department", the Missouri department of natural 10
resources; 11
(5) "Director", the director of the department of 12
natural resources; 13 SS SCS SB 82 2
(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
association, joint stock company, trus t, 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) "Pipeline facility", all parts of a facility 24
through which water moves in transportation including, but 25
not limited to, pipe, valves, and other appurtenances 26
connected to pipe, pumping units, fabricated assemblies 27
associated with pumping units, metering, and delivery 28
stations and fabricated assemblies therein, and breakout 29
tanks; 30
(9) "Water exportation permit", a permit issued by the 31
department, approved by the commission, granting the 32
exportation of water outside the state of Missouri subject 33
to the provisions of this section; 34
(10) "Water resources", any Missouri water source 35
occurring on the surface, in natural or artificial channels, 36
lakes, reservoirs, or impoundments, and in subsurface 37
aquifers which are available or which may be made available. 38
2. In order to protect the access, use, and enjoyment 39
of Missouri's water resources, it shall be unlawful for any 40
person to export water resources outside the state of 41
Missouri unless such person holds a water exportation permit 42
issued by the department, subject to the following 43
exemptions: 44 SS SCS SB 82 3
(1) If the withdrawal and end use of water resources 45
are within thirty miles of the border of the state, any 46
person exempt under the provision of this section shall 47
report to the director annually the p erson's water use 48
volumes and withdrawal rates in a format and timeline 49
determined by the director. Such report shall be made 50
available to the public by the department on the 51
department's website. Such report shall also be provided to 52
the commission; and 53
(2) Exportation of bottled water, or water packaged in 54
containers intended for single use. 55
3. It shall be unlawful for any person to withdraw 56
water from any water resource for exportation outside the 57
state of Missouri by use of a pipel ine facility, unless the 58
withdrawal and ultimate end use of the water by the pipeline 59
facility is within thirty miles of the state border. Any 60
person who withdraws water for exportation under this 61
subsection shall annually report the water use volumes , 62
withdrawal rates, and end use to the department in a manner 63
and on timelines determined by the department. 64
4. The director shall review each water exportation 65
permit application and all supporting materials to ensure 66
all the following condition s have been met prior to 67
accepting a water exportation permit application for public 68
comment and review by the commission: 69
(1) There are water resources available in the volumes 70
and withdrawal rates requested by the applicant for export; 71
(2) The applicant has demonstrated both a present need 72
and beneficial use for the water resources. In making the 73
determination of need and beneficial use, the director shall 74
consider the availability of all water sources, whether in 75 SS SCS SB 82 4
state or out of state , along with other relevant factors as 76
the director and the commission deem appropriate; 77
(3) The volume and withdrawal rates requested by the 78
applicant shall not interfere with existing and projected in - 79
state beneficial uses; 80
(4) The applicant has demonstrated that water in the 81
amounts and rates requested can feasibly be exported to meet 82
its intended beneficial uses; 83
(5) The applicant has provided relevant information 84
and the director and the commission confirmed that issuance 85
of a water exportation permit is necessary for the 86
beneficial use of the applicant or the applicant's 87
customers, and the beneficial use at the end use location is 88
not reasonably attainable through a method other than 89
granting a water exportation permit unde r this section; 90
(6) In the event of a conflict between the beneficial 91
use outside the state and the beneficial use needs in the 92
state, the director and the commission shall prioritize the 93
beneficial use needs of the state and its citizens over the 94
applicant or other state; and 95
(7) Whenever a person applies for a water exportation 96
permit or water exportation permit renewal, the department 97
shall send a written notice within thirty business days 98
after receiving the permit application to the county 99
commission of the county where the water for exportation is 100
located. 101
5. Within one hundred twenty days after the receipt of 102
a complete application, the director shall determine whether 103
the applicant complied with provisions of subsection 3 of 104
this section. The director shall, after making such 105
determination, hold a thirty -day public comment period 106
regarding the director's determination. Within sixty days 107 SS SCS SB 82 5
after the comment period, the director shall recommend 108
approval or denial of the permit. Such recommendation, 109
along with all public comments, shall be submitted to the 110
commission. The commission shall have a public hearing 111
within thirty days after receipt of the director's 112
recommendation. This public hearing may be scheduled du ring 113
one of the commission's regular scheduled meetings. The 114
commission shall make a final decision to approve or deny 115
the water exportation permit within thirty days after the 116
public hearing. A three-fourths majority of the commission 117
members present shall be required to approve the issuance or 118
renewal of a water exportation permit. 119
(1) To renew a valid water exportation permit, an 120
applicant shall file a renewal application for a water 121
exportation permit with the department no later than tw o 122
hundred seventy-one days prior to the expiration of the 123
existing water exportation permit. The applicant, director, 124
and the commission shall follow the same procedures and 125
timelines as required for the issuance of a new water 126
exportation permit und er this section. The director may 127
impose additional conditions to address any substantial or 128
material change in factors under subsection 3 of this 129
section or may deny a renewal application as necessary to 130
comply with this section based on any such sub stantial or 131
material changes in factors under subsection 3 of this 132
section. If the director or the commission are in the 133
process of reviewing the renewal application before the 134
final decision is made and the existing applicant's water 135
exportation permit expires, such applicant shall be able to 136
operate under the terms of the expired water exportation 137
permit until a final decision is made by the commission on 138
the renewal of such permit. 139 SS SCS SB 82 6
(2) In the absence of an appeal as provided under 140
chapter 536, the decision of the commission shall be final. 141
6. A water exportation permit shall be in effect for 142
three years from the date of issuance. The permit holder 143
shall annually report the water use volumes, withdrawal 144
rates, and end use to the d epartment in a manner and on 145
timelines determined by the department. Such report shall 146
be made available to the public on the department's website. 147
7. The water exportation permit application shall 148
include all water exportation requested by the a pplicant. 149
The water exportation permit may be approved in whole or in 150
part by the director or the commission. This section shall 151
be interpreted to allow one applicant to include multiple 152
water withdrawals for exportation from various locations 153
within one water exportation permit application. 154
8. A water exportation permit application shall 155
include a designee or agent in the state of Missouri for 156
service of process and to receive other notices. 157
9. A major water user, as defined in section 256.400, 158
may request the department to reevaluate any existing water 159
exportation permit using the criteria under subsection 3 of 160
this section. The department shall create a mechanism for a 161
major water user to submit a request for reevaluation and 162
shall provide the major water user with the director's 163
findings within one hundred and twenty days of the request 164
for reevaluation. After reevaluating the permit, the 165
director shall impose additional conditions necessary for 166
the continued exportation of water outside the state if the 167
director determines that the existing permit is negatively 168
impacting the requesting major water user's beneficial use 169
of his or her water resources. The director's decision to 170
modify or to decline to modify the conditio ns in an existing 171 SS SCS SB 82 7
permit pursuant to this subsection shall be subject to 172
approval by the commission. 173
10. Nothing in this section shall preclude a person 174
from bringing any constitutional, statutory, or common law 175
claim to vindicate or otherwise de fend the person's water 176
rights. A permit issued under this section shall not serve 177
as a defense to any claim brought against a water permit 178
holder for the infringement of water rights. In addition, 179
any person harmed by the issuance of a water exporta tion 180
permit may bring an injunctive action or other appropriate 181
action to enforce the provisions of this section. Suits may 182
be brought in the county where the defendant's principal 183
place of business is located or where the withdrawal of 184
water occurred in violation of this section. 185
11. If the attorney general receives a complaint that 186
provisions of this section have been violated, or, at the 187
request of the department, the attorney general shall bring 188
an injunctive action or other appropriate a ction in the name 189
of the people of the state to enforce provisions of this 190
section. Suit may be brought in Cole County, or in any 191
county where the defendant's principal place of business is 192
located or where the withdrawal of water occurred in 193
violation of this section. Any member of the commission 194
deemed to have violated any provision of this section shall 195
forfeit their office upon such finding of a violation. 196
12. Whenever a state of emergency is declared by the 197
governor under section 44.100 for all or any part of the 198
state, based on drought conditions, the department shall 199
reevaluate any existing water exportation permit. Any 200
reevaluation completed under this section shall use the 201
criteria under subsection 3 of this section. After 202
reevaluation of the permit is complete, the department shall 203 SS SCS SB 82 8
have the authority to impose additional conditions or revoke 204
the permit if necessary for the continued exportation of 205
water outside the state if the director determines that the 206
existing permit negatively impacts beneficial use of water 207
resources. The director's decision to modify, revoke, or 208
make no changes to the permit shall be subject to the 209
approval or denial of the commission. 210
Section B. If any provision of subsectio n 3 of section 1
640.406 of this act or the application thereof to anyone or 2
to any circumstance is held invalid, the remainder of those 3
sections and the application of such provisions to others or 4
other circumstances shall not be affected thereby. 5