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HCS/HB 2153 - Under the act, it shall be unlawful for any person to withdraw water from any water source, as defined in the act, for export outside the state of Missouri by a pipeline facility unless such person holds a water exportation permit issued by the Department of Natural Resources. A water exportation permit shall not be required to withdraw water from any water source for export outside the state where the withdrawal and ultimate end use are within the same six-digit hydrological unit code as defined by the United States Geological Survey and within 20 miles of the state border. Before issuing a permit, the Director of the Department shall determine from an application for a water exportation permit and any supporting materials whether certain conditions have been met. The conditions are described in the act. Within 180 days of receipt of an application for a water exportation permit, the Director shall determine whether the conditions under the act are satisfied. If the conditions are satisfied, the Director shall make a recommendation to the Clean Water Commission for the approval of the permit. Procedures regarding the Commission's approval or disapproval of the permit and permit renewals are described in the act. Before granting access to a water resource for use outside the state, the Director shall consider existing and proposed in-state uses to guarantee that in-state users will have access to and use all water required to maintain an adequate supply for beneficial use. The Director shall review the needs for water supply export every 5 years to determine whether the water supply continues to be adequate for municipal, agricultural, industrial, domestic, and other beneficial uses in the state. The Director's review shall not be used to reduce the quantity of water authorized to be transferred pursuant to the active life of a permit issued prior to such review. On the filing of an application for water exportation, the applicant shall designate an agent in the state of Missouri for service of process and to receive other notices. In the event of a conflict between the conditions of use required in the state and the conditions required in another state, the water permit holder shall consent to conditions imposed by the Director. The time-limited, active life of the water exportation permit, not to exceed 5 years, shall require the Director to determine whether there has been a substantial or material change relating to renewals of such permits. The Director may include additional conditions to address any such substantial or material change when issuing a renewal of such permit. The Director may deny permit renewal applications as necessary to comply with provisions of the act on any such substantial or material change. An the request of the Department, the Attorney General may bring action for injunctive relief or other appropriate relief to enforce provisions of the act. A cause of action may be brought in any county where the defendant's principal place of business is located or where the withdrawal of water occurred. The act is similar to SCS/SB 782 (2024). JULIA SHEVELEVA
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