SB 29 - The act creates provisions relating to water exportation outside the state. 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 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 by a public water system, as described in the act.
It shall be unlawful for any permit exempted from the provisions of the act to be used for any purpose other than a beneficial use, specifically where the withdrawal and ultimate end use of water are within 30 miles of the state border.
During the review process of any water exportation permit, the Director of the Department shall determine from water exportation permit applications and any supporting materials whether certain conditions have been met. Such conditions are described in the act.
Within 180 days after the Department's receipt of a complete application, the Director shall issue a proposed decision to either approve or deny the application and shall hold a 30-day public comment period on the proposed approval or denial as described in the act. The Department's decision for approval shall be sent to the Missouri Soil and Water Districts Commission and the Clean Water Commission for review subject to the conditions under the act. The review process is described in the act.
Absent an appeal, the Director's decision subject to approval or disapproval by the Missouri Soil and Water Districts Commission and the Clean Water Commission is final.
Applications for renewal of a water exportation permit shall be filed at least 180 days prior to the expiration date of an existing permit and the Director shall determine whether the conditions under the act are satisfied for the renewal. The Director's decision to renew the permit shall be subject to the Missouri Soil and Water Districts Commission and the Clean Water Commission's review and approval or denial pursuant to the act.
Before granting water supply for access and use outside the state, the Director shall consider existing and proposed in-state uses in order to guarantee that in-state users will have access to and use of all of water required to adequately supply for beneficial uses. The Director shall review the needs for water supply export every 3 years to determine whether the water supply continues to be adequate for municipal, agricultural, industrial, domestic, and other 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 a 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 a permit 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.
A major water user may request the Director to reevaluate any existing permit using the criteria described in the act. The Director shall create a mechanism for a major water user to submit a request for reevaluation and shall send his finding to the major water user within 60 days of the reevaluation request. The Director shall impose additional conditions on the water exportation permit as described in the act.
The act shall not preclude a person from brining a claim to vindicate or defend the user's water rights. A permit shall not serve as a defense to any claim brought against a water permit holder for the infringement of water rights.
The time-limited, active life of the permit, not to exceed 3 years, requires the Director to determine whether there has been a substantial or material change relating to any matters set forth under the act in response to renewal applications requesting a permit for authorization of the continued export of water outside the state. The Director may impose additional conditions to address any such substantial or material change or may deny the permit renewal applications as necessary to comply with provisions under the act. The Director's decision to renew the permit shall be subject to the requirements under the act.
At the request of the Department or upon receiving a complaint for violations of the provisions of the act, the Attorney General may bring a civil action in any county where the defendant’s principal place of business is located or where the violation occurred.
Whenever a person applies for a water exportation permit, the Department shall send a written notice to the County Commissioner of the county where the water for exportation is located.
Whenever the United States Drought Monitor (USDM) indicates a D2 level drought for any county for which an exportation permit has been issued, the Department shall reevaluate the permit, as described in the act.
The act is identical to a provision in SCS/HCS/HBs 2134 & 1956 (2024), and similar to SCS/SB 782 (2024), SB 599 (2023) and HCS/HB 1129 (2023).
JULIA SHEVELEVA