SB 82 - 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 the 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 6-digit hydrological unit code as defined by the U.S. Geological Survey and within 20-miles of the border of the state. Before issuing the permit, the Director shall determine from the application and any supporting materials whether certain conditions have been met, as described in the act.
Within 180 days after the Department's receipt of an application for water exportation, the Director of the Department 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 approval of the permit. Upon receipt of the Director's recommendation, the Commission at its next meeting shall indicate its approval or disapproval of the recommendation by a majority vote, as described in the act.
Any application for renewal of an active water exportation permit shall be filed at least 180 days prior to the expiration of an existing permit. In determining whether a recommendation for renewal is appropriate, the Director shall assess whether the conditions under the act are still satisfied.
Before granting access to a water resource for uses outside the state, the Director shall consider existing and proposed in-state uses to guarantee that in-state users have access to and use of all water to maintain an adequate supply for beneficial uses. The Director shall review the needs for water supply export every 5 years to determine whether the water supply continues to be adequate for beneficial uses within the state.
Provisions regarding the issuance of a water exportation permit are subject to the most recent reports, data, and information in consideration of each permit application, whether the application is for an initial permit or renewal of an active or expired permit. The review conducted under the act shall not be used to reduce the quantity of water authorized to be transferred pursuant to the active life of permits issued prior to such review.
On the filing of an application for a water exportation permit, the applicant shall designate an agent in the state for service of process and to receive other notices.
In the event of a conflict between the conditions of use required in Missouri and condition required in another state, the water permit holder shall consent to conditions imposed by the Director.
The time-limited, active life of the permit, not to exceed 5 years, requires the Director to determine whether there has been a substantial or material change relating to permit renewals. The Director may include additional conditions to address any substantial or material change during the permit renewal process. The Director may deny permit renewal applications as necessary based on any such substantial or material change.
At the request of the Department, the Attorney General may bring appropriate action 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 identical to HCS/HB 2153 (2024), and similar to SCS/SB 782 (2024), SB 599 (2023), and HCS/HB 1129 (2023).
JULIA SHEVELEVA