Missouri Statute | Act | Code |Conservation, Resources And Development| US Code - US Statute | Chapter 256 Geology, Water Resources And Geodetic Survey

The governor is hereby authorized to appoint, by and with the
consent of the senate, one state geologist, who shall be a person of
competent scientific and practical knowledge of the sciences of geology
and mineralogy, and who shall be the director of the survey, and said
state geologist may appoint such assistants and subordinate assistants
and laborers as may be deemed necessary in order to make a thorough,
scientific, geological and mineralogical survey of the state. The state
geologist shall serve for a term of four years unless sooner removed by
the governor. (RSMo 1939 § 14875, A. 1949 S.B. 1089, A.L. 1961 p. 245)

Prior revisions: 1929 § 13686; 1919 § 5752; 1909 § 6633

*The Reorganization Act of 1974 provides that the director of the
department of natural resources shall appoint a state geologist. All
powers, duties and functions of the state geologist were transferred to
the department of natural resources by type I transfer.

CROSS REFERENCE: Earthquake building and construction ordinances for
certain cities and counties, duty of state geologist to notify state
emergency management agency, RSMo 319.200

The governor shall have general superintending control of the
division of geological survey and water resources, with power to remove
the state geologist for cause, and to appoint his successor. The control,
direction, and management of all assistants and other employees shall be
the responsibility of the state geologist. (RSMo 1939 § 14890, A.L. 1947
V. I p. 311)

Prior revisions: 1929 § 13701; 1919 § 5767; 1909 § 6648

*See note following § 256.010.

Before entering upon the duties of his office the state
geologist shall take the usual oath to faithfully demean himself in
office and perform all the duties required of him by law. The state
geologist and all employees of the division shall abstain from all
private or personal consulting activities for themselves or others within
the state while employed in the division of geological survey and water
resources. (RSMo 1939 § 14894, A.L. 1947 V. I p. 311)

Prior revisions: 1929 § 13705; 1919 § 5768; 1909 § 6649

It shall be the duty of the state geologist and his assistants,
under the instructions and directions of the governor, to carry on, with
as much expedition and dispatch as may be consistent with minuteness and
accuracy, a thorough geological survey of the state, with a view to
determine the order, succession, arrangement, relative position, dip or
inclination and comparative magnitude of the several strata or geological
formations within this state; to discover and examine all beds or
deposits of mineral contents and fossils; to determine the various
positions, formations, arrangement, composition, and utilization of the
many different ores, clays, rocks, coals, mineral oils, natural gas,
surface and ground waters, and other mineral substances as may be useful
or valuable; to assemble and cause to be published an annual statistical
report of the mineral production in the state; to have prepared
topographic relief maps of areas and districts of the state toward the
end of preparing a complete and accurate topographic relief map of the
state; to apply geologic engineering principles to problems of
agriculture, conservation, construction and other scientific matters that
may be of practical importance and interest to the welfare of the state;
to cause to be reported on maps, charts, or by other appropriate means,
the results of geologic investigations as said investigations are
completed; to publish or cause to be published any reports of work
completed, in the form of maps, charts, pamphlets, bulletins, volumes, or
circulars for general distribution; and to have prepared, and published,
educational bulletins on subjects pertinent to geological studies, for
distribution to educational institutions and persons interested in
geology, paleontology, mineralogy, physiography, and mining. (RSMo 1939 §
14877, A.L. 1947 V. I p. 311)

Prior revisions: 1929 § 13688; 1919 § 5754; 1909 § 6635

The state geologist is authorized to make a survey of the water
resources of the state, including a survey of underground water supplies
and the chemical composition of such waters. Gauging stations shall be
established and maintained, and such other field and laboratory work
shall be done as may be deemed necessary. (RSMo 1939 § 14891, A.L. 1947
V. I p. 311)

Prior revision: 1929 § 13702

CROSS REFERENCE: Water pollution control, Chap. 644, RSMo

It shall be the duty of the state geologist to collect full
suits of all materials, rocks, ores, fossils or other mineral substances
of scientific or practical interest or utility as may be discovered, and
that may be necessary to form a complete cabinet collection, to
illustrate the various resources of the state, as may be necessary to
assist in preparing the various reports of the survey. (RSMo 1939 § 14880)

Prior revisions: 1929 § 13691; 1919 § 5757; 1909 § 6638

It shall be the duty of the said assistants to make full and
complete examinations, assays and analyses of all such rocks, ores, soils
or other substances as may be submitted to them by the state geologist
for the purpose, and to furnish him with a detailed and complete account
of the results so obtained. (RSMo 1939 § 14881)

Prior revisions: 1929 § 13692; 1919 § 5758; 1909 § 6639

1. To expedite the release of general information or new
discoveries, the state geologist may furnish such items to the press and
radio. The unpublished reports and data gathered by the state geologist
and his assistants shall be maintained in an open file at the
headquarters of the division. To the extent consistent with state and
federal law, confidential data supplied to the state geologist from
outside sources shall cease to be confidential and shall be placed in the
open file at a reasonable time after the completion of the project.

2. The state geologist is hereby authorized to furnish to educational
institutions, located within the state of Missouri, collections of
minerals, rocks or fossils, but the division shall retain title to such
collections. Educational institutions shall pay the expense of
transporting said collections. (RSMo 1939 § 14882, A.L. 1947 V. I p. 311,
A.L. 1985 H.B. 383)

Prior revisions: 1929 § 13693; 1919 § 5759; 1909 § 6640

The state geologist, with the approval of the governor, shall be
authorized to negotiate for such technical work as may be necessary
beyond the facilities of the division. He shall also purchase equipment,
apparatus and supplies within the funds appropriated therefor. (RSMo 1939
§ 14888, A.L. 1947 V. I p. 311)

Prior revisions: 1929 § 13699; 1919 § 5765; 1909 § 6646

The work of the division of geological survey and water
resources may be done in cooperation with federal agencies and other
state agencies. The state geologist shall be authorized to file formal
cooperative agreements with federal agencies. The progress of cooperative
programs shall be included in the report of the activities of the
division. (RSMo 1939 § 14893, A.L. 1947 V. I p. 311)

Prior revision: 1929 § 13704

For the purpose of public safety and the protection of property,
the state geologist appointed pursuant to section 256.010 shall establish
and maintain a "Mine Map Repository". The repository shall be located in
the office of the state geologist and shall contain mine maps of closed
or abandoned underground mines in this state. (L. 1993 H.B. 312 & 257 § 1
subsec. 1)

Such maps shall be open to examination by all interested
persons, but such examination shall be in the presence of the state
geologist or a designated representative. No copies shall be made without
the consent of the mine operator or landowner unless the mine has been
closed or abandoned for five years or longer. No information about
mineral occurrence or possible occurrence shall be made available at any
time without the consent of the owner. (L. 1993 H.B. 312 & 257 § 1
subsec. 2)

1. The office of the state geologist shall acquire copies of
those underground mine maps that exist in museums and other repositories.

2. The owner or operator of each underground mine closed or abandoned
before August 28, 1993, shall submit a true copy of all available maps of
mine workings, shafts, slopes, tunnels, air vents or other openings to
the mine map repository on or before one year after August 28, 1993.

3. The owner or operator of each operating underground mine wishing to
close a mine, either temporarily or permanently, shall submit a true copy
of maps showing the location of mine workings, shafts, slopes, tunnels,
air vents, or other openings before closing or abandoning the mine.

4. Each map shall show at reasonable intervals the elevation in feet of
the mine floor and mine back or ceiling. All elevations shall be based on
an established and monumented datum, such as NAVD 1988. Such maps shall
be oriented and positioned in the Missouri Coordinate System 1983. The
maps shall show or note what horizontal control and vertical control
stations were used to position the maps. It shall be acceptable to use an
adopted local horizontal and vertical datum, but the relation between the
local datums and NAVD 1988 and Missouri Coordinate System must be given.

5. Each map or set of maps shall show the name of the county, township,
range and section or U.S. Survey in which the mine is located. The map
shall also show the mine name, and mine owner or operator at the time of
closing.

6. Each map shall contain a north arrow and scale. Each map shall be
certified, signed, and sealed by the engineer or surveyor in responsible
charge of the map preparation.

7. The owner may, with the approval of the state geologist, submit maps
of older parts of the mine even though they are not certified by an
engineer or surveyor, but they must be accurate and contain the
information required in this section. (L. 1993 H.B. 312 & 257 § 1 subsec.
3 §§ 2, 3)

1. Funds from department of natural resources document services
fund created in section 60.595, RSMo, may be used to purchase, acquire
and copy maps described in sections 256.112 to 256.117, as well as all
services necessary for the operation of the map repository.

2. All funds from the sale of maps and products from the mine map
repository shall be deposited in the department of natural resources
document services fund created in section 60.595, RSMo. (L. 1993 H.B. 312
& 257 § 4)

Persons employed under an act of Congress of the United States,
passed the tenth day of February, 1807, and the supplement thereto, may,
upon making satisfactory amends, enter upon lands within this state for
any purpose which may be necessary to effect the object of said act, and
may erect works, stations, buildings or appendages for that purpose,
doing no unnecessary injury. (RSMo 1939 § 14896)

Prior revisions: 1929 § 9736; 1919 § 12746; 1909 § 11328

If the parties interested cannot agree upon the amount to be
paid for damages caused thereby, either of them may petition the circuit
court in the county in which the land is situated, which court shall
appoint a time for a hearing as soon as may be, and order at least
fourteen days' notice to be given to all persons interested, and, with or
without a view of the premises, as the court may determine, hear the
parties and their witnesses and assess damages. (RSMo 1939 § 14897, A.
1949 S.B. 1117)

Prior revisions: 1929 § 9737; 1919 § 12747; 1909 § 11329

The person so entering upon land may tender to the party injured
amends therefor, and if, in case of appeal to the circuit court, the
damages finally assessed do not exceed the amount tendered, the person
entering shall recover costs; otherwise the prevailing party shall
recover costs. (RSMo 1939 § 14898, A. 1949 S.B. 1117)

Prior revisions: 1929 § 9738; 1919 § 12748; 1909 § 11330

Any party to the proceeding under the provisions of sections
256.120 to 256.160, who may feel aggrieved by the decision of any circuit
court, may take an appeal, in the same manner, and with like effect, as
in other proceedings in the circuit courts of this state; provided, that
no appeal herein provided for shall prevent the continuation of the work
referred to in sections 256.120 to 256.160. (RSMo 1939 § 14901, A. 1949
S.B. 1117)

Prior revisions: 1929 § 9741; 1919 § 12751; 1909 § 11333

The general assembly of the state of Missouri hereby ratifies a
compact on behalf of the state of Missouri with any other state legally
joining therein in the form substantially as follows:

ARTICLE I

The purpose of this compact is to provide mutual aid among the states in
meeting any emergency or disaster caused by earthquakes or other seismic
disturbances. The full, immediate, and effective utilization of the
resources of the respective states, including such resources as may be
available from the United States government or any other source, is
necessary to provide needed short-term earthquake disaster assistance to
states requesting such mutual aid. These resources shall be incorporated
into a plan or plans of mutual aid to be developed among the appropriate
agencies of states that are parties to this compact. These agencies shall
develop and follow procedures designed to assure the maintenance of
resource inventories and the exchange of information about earthquakes
and disaster response. It is the policy of the party states to carry out
this compact in a spirit of cooperation to provide the most effective
earthquake disaster assistance to the residents of the states and to
provide an equitable division of any necessary earthquake relief efforts
in order to avoid a disproportionate allocation of contributed resources.

ARTICLE II

Each party state shall have the duty to formulate earthquake relief plans
and programs within such state. There shall be frequent consultation
between the representatives of such states and with the United States
government and the free exchange of relief plans and information,
including inventories of any materials and equipment available for
response to earthquake emergencies. To this end, each state will maintain
a bank of standardized data which will establish a comprehensive listing
of all resources within the seven-state region that might be needed
during an earthquake disaster. The inventory will be shared equitably
among the party states in the event of an earthquake recognizing each
state's primary responsibility to assist and protect its residents. Each
party state shall also share any available information on earthquake
forecasts and reports of seismic activity.

ARTICLE III

Whenever the governor of a party state requests aid from the governor of
another party state pursuant to this compact in coping with an earthquake
emergency, the requested state shall make available all possible aid to
the requesting state consistent with the maintenance of protection for
its residents and the policies stated in article I.

ARTICLE IV

Whenever the officers or employees of any party state are rendering aid
in another state pursuant to the request of another party state under
this compact, those officers or employees shall, while under the
direction of the authorities of the state to which they are rendering
aid, have the same powers, duties, rights, privileges, and immunities as
comparable officers and employees of the state to which they are
rendering aid. Any person holding a license, certificate or other permit
issued by any state demonstrating the meeting of qualifications for
professional, mechanical, or other skills may render aid involving such
skill in any party state to meet an earthquake emergency, and the state
in which aid is rendered shall give due recognition to such license,
certificate, or other permit as if issued in the state in which aid is
rendered.

ARTICLE V

No party or its officers, employees or other persons, certified by party
states pursuant to agreed upon criteria and procedures for certification,
rendering aid in another state pursuant to this compact shall be liable
on account of any act or omission in good faith on their part while so
engaged, or on account of maintenance or use of any equipment or supplies
in connection therewith.

ARTICLE VI

Nothing in this agreement precludes any state from entering into
supplementary agreements with another state or states for the undertaking
of mutual aid and exchange of information in the event of an earthquake
emergency. These supplementary agreements may comprehend but are not
limited to provisions for evacuation and reception of injured and other
persons and the exchange of medical, fire, police, public utility
reconnaissance, welfare, transportation and communications personnel,
equipment and supplies.

ARTICLE VII

Each party state shall provide compensation and death benefits to its
injured officers, employees or other persons certified by party states,
pursuant to agreed upon criteria and procedures for certification, and
the representatives of deceased officers, employees and other certified
persons in case officers, employees or certified persons sustain injuries
or death while rendering aid in another state pursuant to this compact,
in the same manner and on the same terms as if the injury or death were
sustained within the state by or in which the officer, employee or
certified person was regularly employed.

ARTICLE VIII

Any party state rendering aid in another state pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to, or expense incurred in the operation of any equipment
answering a request for aid, and for the cost of all materials,
transportation, wages, salaries and maintenance of officers, employees
and equipment incurred in connection with such request, including amounts
paid under article VII; provided that nothing herein contained shall
prevent any assisting party state from assuming such loss, damage,
expense or other cost or from loaning such equipment or from donating
such services to the receiving party state without charge or cost. Any
two or more party states may enter into supplementary agreements
establishing a different allocation of costs as among those states. The
United States government may in some circumstances relieve the party
state receiving aid from any liability and reimburse the party state
rendering aid for some loss, damage or expense incurred within the terms
of this article.

ARTICLE IX

Plans for the orderly evacuation and reception of the civilian population
as the result of an earthquake emergency shall be worked out from time to
time between representatives of the party states. Such plans shall
include the manner of transporting such evacuees, the number of evacuees
to be received in different areas, the manner in which food, clothing,
housing, and medical care will be provided, the registration of the
evacuees, the providing of facilities for the notification of relatives
or friends and the forwarding of such evacuees to other areas or the
bringing in of additional materials, supplies, and all other relevant
factors. The plans must provide that the party state receiving evacuees
shall be reimbursed generally for the out-of-pocket expenses incurred in
receiving and caring for the evacuees, for expenditures and
transportation, food, clothing, medicines and medical care and like
items. These expenditures shall be reimbursed by the party state of which
the evacuees are residents or may be reimbursed by the United States
government under plans approved by it. The party state of which the
evacuees are residents shall assume the responsibility for the ultimate
support or repatriation of such evacuees.

ARTICLE X

Any state of the United States shall be eligible to become party to this
compact. As to any eligible party state, this compact shall become
effective when its legislature shall have enacted it into law provided
that it shall not become initially effective until enacted into law by
two party states.

ARTICLE XI

Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall become effective until
ninety days after the governor of the withdrawing state shall have sent
formal notice in writing to the governor of each other party state
informing said governors of the action of the legislature in repealing
the compact and declaring an intention to withdraw. A withdrawing state
shall be liable for any obligations which it may have incurred on account
of its party status up to the effective date of withdrawal, except that
if the withdrawing state has specifically undertaken or committed itself
to any performance of an obligation extending beyond the effective date
of withdrawal it shall remain liable to the extent of such obligation.

ARTICLE XII

This compact is to be construed to effectuate the purposes stated in
article I. If any provision of this compact is declared unconstitutional
or the applicability of any provision to any person or circumstances is
held invalid, the constitutionality of the remainder of this compact and
the applicability of this compact to other persons and circumstances is
not to be affected by it. (L. 1989 H.B. 561 § 1)

*Transferred 1992; formerly 256.650

For the purposes of sections 256.170 to 256.175, the following
terms shall mean:

(1) "Areas subject to natural flooding", those portions of stream valleys
subject to one-hundred-year flood events;

(2) "Dams", any dam regulated by the state of Missouri;

(3) "Department", the department of natural resources;

(4) "Geologic hazard assessment", a report that identifies and describes
soil and ground water conditions, karst, drinking water supplies, dams,
surface water bodies, areas subject to natural flooding or flooding by
dam failure, high seismic risk areas, and landslide areas and any other
type of geologic related hazard which could threaten public safety. The
assessment shall include geologic and surficial materials maps at a scale
of 1:24,000;

(5) "High seismic risk areas", those areas in the state that can be
expected to experience an intensity of ground shaking equivalent to a
Modified Mercalli intensity of VI within any fifty-year period;

(6) "Karst", those areas where deep weathering of carbonate bedrock has
resulted in irregular bedrock and surface topography, poorly deferred
surface drainage, and rapid surface water loss and having the possibility
of surface subsidence; and

(7) "Landslide areas", those areas subject to slope movement that could
endanger structures. (L. 1990 S.B. 539 § 6)

1. The department shall provide each county in the state and a
city not within a county, as the information becomes available, a
geologic hazard assessment, such assessment to be prepared by the
division of geology and land survey. The department shall provide to each
county assistance in the use and application of the geologic hazard
assessments in the county to which the assessment pertains. The geologic
hazard assessment shall be made available to the general public.

2. The department shall provide each recorder of deeds of each county in
the state a map showing the downstream area that would be affected in the
event of a dam failure. (L. 1990 S.B. 539 § 7)

1. The department shall furnish to the state emergency
management agency technical data, including soil liquefaction and seismic
effects, on structural foundations that are located in a high seismic
risk area. If requested by a local government entity the department shall
assist such local government in the establishment of construction
standards based on the data provided in this subsection.

2. The department shall be designated as the lead technical agency in the
state to conduct studies concerning the geologic effects of earthquakes,
which shall include, but not be limited to, prediction of earthquake
recurrence intervals and severity, tectonic and structural geologic
studies, paleoseismic studies, geodetic surveys, and geomorphological
studies. (L. 1990 S.B. 539 § 8)

The clean water commission shall develop a plan for a gradual,
long-range, comprehensive statewide program for the conservation,
development, management and use of the water resources of the state, and
to this end:

(1) Shall collect data, make surveys, investigations and recommendations
concerning the water resources of the state as related to its social and
economic needs;

(2) Shall act as a clearing house and coordinator for the collection of
water resources data and for the use of water resources data collected by
various other governmental agencies and organizations;

(3) May accept gifts, contributions, donations and grants, and use the
same for any purpose within the scope of section 256.250;

(4) May enter upon any lands or waters in the state for the purpose of
making any investigation, examination, or survey contemplated by this
section, and such authority extends to its agents; and

(5) May cooperate with the United States or any agency thereof or with
any other state or agency thereof for any purposes within the scope of
this section. (L. 1961 p. 246 § 6, A.L. 1969 S.B. 18)

*All powers, duties and functions of the water resources board were
transferred to the clean water commission, by type I transfer, by the
Reorganization Act of 1974.

CROSS REFERENCE: Other powers and duties of clean water commission, RSMo
644.026

The clean water commission may provide for the execution of
surety bonds for all members and employees who are entrusted with funds
and property, and the premiums on all the surety bonds shall be paid from
the funds appropriated to the commission. (L. 1961 p. 246 § 5)

Upon request of the clean water commission, any department,
division, board, bureau, commission, public body or agency of the state,
or of any political subdivision thereof shall supply such assistance and
data as will enable the commission to carry out properly its activities
and effectuate its purposes hereunder. (L. 1961 p. 246 § 7)

The clean water commission shall:

(1) Within sixty days after the end of the fiscal year in even-numbered
years, make a report to the governor and to the general assembly of its
activities for the preceding biennial period; and

(2) Report to the governor at any time required, the results accomplished
since its last report, pending plans and the status of any work or plans
in progress. (L. 1961 p. 246 § 9)

As used in sections 256.280 to 256.350, unless the context
clearly requires otherwise, the word "fund" means the "Missouri Water
Development Fund". (L. 1965 p. 389 § 1)

The general assembly of Missouri may transfer money from the
general revenue fund to the "Missouri Water Development Fund", which is
hereby created, and may appropriate money from the fund for the purposes
of purchasing municipal and industrial water supply storage in public
works projects as permitted by the Water Supply Act of 1958, P.L. 85-500,
85th Congress, as amended by the Federal Water Pollution Control Act
amendments of 1961, P.L. 87-88, 87th Congress and by P.L. 534, 78th
Congress (58 statutes at large, C 665) or under other applicable federal
legislation, or to purchase municipal and industrial water supply storage
in works constructed with federal assistance under authority of the
Watershed Protection and Flood Prevention Act, P.L. 566, 83rd Congress,
as amended by P.L. 1018, 84th Congress, or under other applicable federal
legislation. The fund shall be a continuing fund and as such shall be
exempt from the provisions of section 33.080, RSMo. (L. 1965 p. 389 § 2)

The clean water commission is authorized to make reasonable
assurance that demands for use will be made within a period of time to
permit payment of costs allocated to water supply within the life of the
project, and upon receipt of specific appropriations from the fund may
enter into contract with the appropriate federal departments for purposes
of discharging nonfederal responsibilities relating to municipal and
industrial water supply storage as permitted by applicable federal
legislation on water resource projects and, in so doing, shall consider
the projected water needs of the area that can be served by the project
and shall also consider the ability of future users to reimburse any
investment of funds that may be made by this state. (L. 1965 p. 389 § 3)

The clean water commission:

(1) Shall be responsible for proper distribution and allocation of water
stored in the ownership of the state under provisions of sections 256.280
to 256.350;

(2) May sell, assign or sublet water or water from storage, or with the
approval of the general assembly may sell, assign or sublet water or
storage, specified for municipal and industrial water supply to
special-benefit users at costs designed to return the investment to state
funds;

(3) Shall approve a reasonable method of delivery and measurement of
water sold from storage;

(4) Shall deposit in the treasury to the credit of the fund money
collected from sale of water from storage or for sale of storage. (L.
1965 p. 389 § 6 subsec. 1)

1. Payment for delivery of stored water shall be on a current
basis or on some other basis as might be agreed to, but at least on an
annual basis.

2. Any debt incurred by a purchaser of stored water shall become a lien
on all property owned by the purchaser and shall be collected by the
state in the same manner as provided for the collection of delinquent
taxes, except in the case of a political subdivision the state may sue
for recovery of money due. (L. 1965 p. 389 § 6 subsecs. 2, 3)

In order to serve the legislature with full information, the
clean water commission shall report those segments of long-range planning
which are applicable to management of the fund to each legislative
session. The reports shall include economic justification for any
recommendations involving contribution to or withdrawal from the fund,
and shall also demonstrate benefits accruing to the state as a whole. (L.
1965 p. 389 § 4)

Based on reports required in section 256.330, the legislature
may appropriate money from the fund to the clean water commission for
specified participation in future municipal and industrial water supply
storage costs incurred by project construction, including cost sharing of
the project investment cost, annual operation, maintenance and
replacement costs, and payment of interest on the unpaid balance. (L.
1965 p. 389 § 5)

Nothing in sections 256.280 to 256.350 shall be construed as
preventing consummation of a contract between a municipality, water
district, county, or political subdivision of this state, and a federal
department for water storage. (L. 1965 p. 389 § 7)

The clean water commission is authorized to act in behalf of the
state, as required by the federal government, to protect those public
interests associated with federal reservoirs involving water use and
water management authority not otherwise delegated to state of Missouri
agencies by statute or constitution, and the commission, after public
hearing and approval of the governor, may take such legal action as is
necessary to protect those interests, except that, such action shall be
limited only to requirements of congressional documents authorizing
federal reservoir projects. (L. 1969 S.B. 245 § 1)

As used in sections 71.287, RSMo, and 256.400 to 256.430, unless
the context clearly indicates otherwise, the following terms mean:

(1) "Department", the department of natural resources;

(2) "Director", the director of the department of natural resources;

(3) "Division", the division of geology and land survey of the department
of natural resources;

(4) "Major water user", any person, firm, corporation or the state of
Missouri, its agencies or corporations and any other political
subdivision of this state, their agencies or corporations, with a water
source and equipment necessary to withdraw or divert one hundred thousand
gallons or more per day from any stream, river, lake, well, spring or
other water source;

(5) "State geologist", the director of the division of geology and land
survey of the department of natural resources;

(6) "Water source", any stream, river, lake, well, spring or other water
source. (L. 1983 H.B. 271 § 1)

The purpose of sections 71.287, RSMo, and 256.400 to 256.430 is
to insure the development of information required for the analysis of
certain future water resource management needs. It is intended to provide
an important part of the information required in the technical assessment
of current and future requirements for the regulation of water use or
consumption, or both, on a regional or statewide basis, as may be
required. The provisions of sections 71.287, RSMo, and 256.400 to 256.430
shall not apply to dredging operations or water withdrawn or diverted
from farm or other ponds or impoundments of water which collect and hold
surface water and which are located upon property owned or leased by the
withdrawer or diverter so long as the common law rights of downstream
owners are not abridged, but the provisions of sections 71.287, RSMo, and
256.400 to 256.430 shall apply to water withdrawn or diverted from wells
or springs located on property owned by the withdrawer or diverter. (L.
1983 H.B. 271 § 2)

1. No major water user shall withdraw or divert water from any
water source without filing an official registration document with the
division. The registration document shall set forth:

(1) The name and mailing address of the applicant;

(2) The name, if any, and location of the water source;

(3) The type of water source (such as well, lake or stream);

(4) The point in the water source from which it is proposed to withdraw
or divert the water;

(5) The name, location, and acreage of the lands or other application to
which such water is to be diverted;

(6) The location and description of the water well, canal, tunnel or
pipes and other works or equipment through which the water is to be
withdrawn or diverted;

(7) The amount in gallons of water withdrawn or diverted on an average
day of operation, and the number of days and the months during the
preceding year, when water was diverted;

(8) The total amount in gallons withdrawn or diverted during the
preceding year, and the periods of time when such diversion is scheduled
during the current year. The foregoing requirements of this subsection
shall not apply to water being pumped from mines and quarries and such
water user shall only be required to set forth the quantity pumped from
the mine and quarry at each point where it is pumped to the point to
discharge and only the name of the stream into which any of the discharge
is permitted to flow.

2. Withdrawal or diversion of water by major users may continue during
the first calendar year after September 28, 1983, or after the initial
date of their operation, at which time a registration document must be
filed. The filing period shall extend from January first through March
thirty-first. Withdrawal or diversion may continue during the filing
period. Location data shall be given in terms of section, township and
range. (L. 1983 H.B. 271 § 3)

Any unregistered diversion of water by a major water user is
hereby declared to be a nuisance and the director may request the
attorney general to file an action in the name of the state for an
injunction to stop all water withdrawal or diversion from a water source;
provided, however, that any person withdrawing or diverting from a water
source may continue to withdraw or divert from that water source while
such action is pending. The issuing court shall dissolve the injunction
issued under this section when the person files a current registration
with the division. (L. 1983 H.B. 271 § 4)

The state geologist or his authorized agent may enter upon the
property of any major water user with permission. If permission is not
granted, the department may request a court order for the purpose of
inspecting any water source or diversion project to determine water
levels, quantity of water withdrawn or diverted and consumed. (L. 1983
H.B. 271 § 5)

The division shall compile all information contained in the
registration document and shall analyze such information on a periodic
basis to assist in the determination of the water usage and water needs
of this state. Not more than three persons shall be employed to carry out
the provisions of sections 71.287, RSMo, and 256.400 to 256.430. (L. 1983
H.B. 271 § 6)

1. The department may accept gifts, contributions, donations and
grants, and use the same for any purpose within the scope of sections
71.287, RSMo, and 256.400 to 256.430; provided, however, that any federal
or state revenue moneys which are provided for the carrying out of
sections 71.287, RSMo, and 256.400 to 256.430 must be appropriated to the
department by the general assembly of the state of Missouri in accordance
with law.

2. Nothing in sections 71.287, RSMo, and 256.400 to 256.430 shall be
construed to limit the common law water rights of any person. (L. 1983
H.B. 271 §§ 7, 8)

Sections 256.435 to 256.445 shall be known and may be cited as
the "Multipurpose Water Resource Act". (L. 1992 S.B. 661 & 620 § 15)

As used in sections 256.435 to 256.445, the following terms mean:

(1) "Director", the director of the department of natural resources;

(2) "Flood control storage", storage space in reservoirs to hold flood
waters;

(3) "Plan", a preliminary engineering report describing the water
resource project;

(4) "Public water supply", a water supply for agricultural, municipal,
industrial or domestic use;

(5) "Sponsor", any political subdivision of the state or any public
wholesale water supply district;

(6) "Water resource project", a project containing:

(a) Public water supply storage and treatment and water source erosion;
and

(b) Flood control storage. (L. 1992 S.B. 661 & 620 § 16)

In order to provide public water supply storage treatment and
water-related facilities in both urban and rural areas of the state,
there is hereby established a "Multipurpose Water Resources Program". The
program shall be administered by the state department of natural
resources. The state department of natural resources may adopt rules and
regulations necessary to implement the provisions of sections 256.437 to
256.445. (L. 1992 S.B. 661 & 620 § 17)

In order to ensure adequate long-term reliable public water
supply storage, there is hereby established a "Water Resource Program".
The program shall be administered by the department of natural resources.
The state may participate with a sponsor in the development, construction
or renovation of a water resource project if the sponsor has a plan which
has been submitted to and approved by the director. (L. 1992 S.B. 661 &
620 § 18)

1. The plan shall include a description of the project, the need
for the project, land use and treatment measures to be implemented to
protect the project from erosion, siltation and pollution, procedures for
water allocation, criteria to be implemented in the event of drought or
emergency, and such other information as the director may require to
adequately protect the water resource.

2. The director shall only approve a plan upon a determination that
long-term reliable public water supply storage is needed in that area of
the state. Implementation of approved plans will be eligible for
cost-sharing expenses as approved by the state soil and water districts
commission incurred for required land treatment practices to implement
soil conservation plans.

3. Water resource projects shall be eligible to receive any gifts,
contributions, grants or bequests from federal, state, private or other
sources for engineering, construction or renovation costs associated with
such projects, except that no proceeds from the sales and use tax levied
pursuant to sections 47(a) to 47(c) of article IV of the state
constitution shall be used for such purposes. (L. 1992 S.B. 661 & 620 §
19)

1. Any political subdivision which contains a sponsor which has
submitted a plan which has been approved by the director pursuant to
sections 256.435 to 256.445 may submit to the qualified voters of the
political subdivision the following question:

Shall the political subdivision of ............... (name of political
subdivision) incur indebtedness and issue general obligation bonds to pay
for all or part of the costs of establishing and maintaining a water
resource project with the political subdivision, the cost of all
indebtedness so incurred to be assessed by the governing body of
................ (name of political subdivision) on property within the
political subdivision?

Yes No

2. If it appears that the required percentage of the voters of such
political subdivision voting on the proposition of incurring indebtedness
submitted at the election were in favor of incurring such indebtedness,
the election authority shall make an order reciting the holding of such
election and the results thereof, both for and against the proposition,
and if the result of the election as certified shall be in favor of
incurring the indebtedness and issuing the bonds, then the governing body
of the political subdivision shall direct the issuance thereof to the
amount of the debt authorized to be incurred, or any portion thereof, and
shall either before or at the time of doing so provide for the collection
of an annual ad valorem tax upon all of the taxable property within the
political subdivision, which tax shall be sufficient to pay the interest
on such indebtedness as it falls due and also to create a sinking fund
for the payment of the principal thereof within twenty years from the
date of contracting the same, such tax to be levied and collected as
provided for in chapter 137, RSMo.

3. The governing body of the political subdivision shall have no power to
levy or collect any taxes for the payment of any indebtedness incurred by
the political subdivision pursuant to this section unless and until the
voters of the political subdivision shall have authorized the incurring
of indebtedness at an election, but all such expenses and indebtedness
incurred by the political subdivision may be paid out of funds which may
be received by the political subdivision from the sale of bonds
authorized by the voters at any such election.

4. Such bonds shall be issued in denominations of one hundred dollars or
some multiple thereof; shall be payable to bearer, not later than twenty
years from their date; shall bear interest from their date at a rate not
exceeding six percent per annum, payable annually or semiannually; such
interest payments to be evidenced by annexed coupons, and such bonds
shall not be sold for less than ninety-five percent of the face value
thereof and together with existing indebtedness of the political
subdivision, if any, shall not exceed in the aggregate five percent of
the value of all of the taxable property in the political subdivision to
be ascertained by the assessment next before the last assessment for
state and county purposes previous to the incurring of such indebtedness.

5. Such bonds shall be signed by the presiding officer of the governing
body of the political subdivision attested by the signature of the
secretary of the governing body with the seal of the political
subdivision affixed thereto. The bonds may be sold under the same
conditions as are provided for the sale of county road bonds.

6. All bonds issued under this section shall be registered in the office
of the state auditor as provided by law for the registration of bonds of
cities and in the office of the governing body of the political
subdivision in a book kept for that purpose for registry, shall show the
number, date, amount, date of sale, name of the purchaser and the amount
for which the bond was sold.

7. The governing body of the political subdivision wherein such project
is situate shall certify the amount of money that will be required during
the next succeeding year to pay interest falling due on bonds issued and
the principal of bonds maturing in such year, and the amount necessary to
cover the estimated expenses of maintaining such project in good
condition. The governing body shall, at the time it makes the levy for
other taxes, by order made, levy such a rate of taxes upon all the
taxable property in the political subdivision as will produce a sum of
money sufficient for the purposes of the water resource project;
provided, that the governing body shall have no authority to levy such
tax until the voters of the political subdivision shall have voted to
incur an indebtedness under the provisions of this section.

8. On such order being made it shall be the duty of the governing body to
cause such rate of taxation to be extended upon the tax books against all
the taxable property in the political subdivision and the same shall be
collected and remitted to the governing board of the water project by the
collector of the revenue of the political subdivision at the time, in the
manner, and by the same means as state, county, school and other taxes
are collected and remitted. All of the laws, rights and remedies provided
by the laws of this state for the collection of state, county, school and
other taxes shall be applicable to the collection of taxes herein
authorized to be collected.

9. All taxes levied pursuant to this section shall be based upon the
assessed valuation of lands and other property in the political
subdivision in accordance with the current record of the assessed
valuations of all taxable property within the political subdivision as
may be determined by the records in the assessor's office of the
political subdivision and such tax shall be prorated and an equal amount
levied upon each one hundred dollars assessed valuation. (L. 1992 S.B.
661 & 620 § 20)

Sections 256.450 to 256.483 shall be known as the "Geologist
Registration Act". (L. 1994 S.B. 649)

As used in sections 256.450 to 256.483, the following words and
phrases shall mean:

(1) "Board of geologist registration" or "board", the board of geologist
registration created in section 256.459;

(2) "Certificate of registration", a license issued by the board of
geologist registration granting its licensee the privilege to conduct
geologic work and make interpretations, reports, and other actions in
accordance with the provisions of sections 256.450 to 256.483;

(3) "Division of professional registration", the division of professional
registration within the department of economic development;

(4) "Geologist", a person who has met or exceeded the minimum geological
educational requirements and who can interpret and apply geologic data,
principles, and concepts and who can conduct field or laboratory
geological investigations;

(5) "Geologist-registrant in-training", a person who meets the
requirements of subsection 7 of section 256.468;

(6) "Geology", that profession based on the investigation and
interpretation of the earth, including bedrock, overburden, groundwater
and other liquids, minerals, gases, and the history of the earth and its
life;

(7) "Practice of geology", the practice of or the offer to practice
geology for others, such practice including, but not limited to,
geological investigations to describe and interpret the natural processes
acting on earth materials, including gases and fluids; predicting and
interpreting mineral distribution, value, and production; predicting and
interpreting geologic factors affecting planning, design, construction,
and maintenance of engineered facilities such as waste disposal sites or
dams; and the teaching of the science of geology;

(8) "Public health, safety and welfare" shall include the following:
protection of groundwater; buildings and other construction projects
including dams, highways and foundations; waste disposal or causes of
waste pollution including human, animal, and other wastes including
radionuclides; stability of the earth's surface such as could be affected
by earthquakes, landslides, or collapse; the depth, casing, grouting, and
other recommendations for the construction of wells or other borings into
earth that intersect one or more aquifers; and excavation into the
earth's materials where stability or other factors are at risk. "Public
health, safety, and welfare" does not refer to geologic work conducted to
determine mineral resources or other resources as could be available for
various uses, teaching, or basic geologic work including making geologic
maps, cross sections, stratigraphic determinations, and associated
reports or other presentations;

(9) "Qualified geologist" or "professional geologist", a geologist who
satisfies the educational requirements of subsection 2 of section 256.468
and who has at least three years of experience in the practice of geology
subsequent to satisfying such educational requirements;

(10) "Registered geologist", a geologist who has met the qualifications
established by the board and has been issued a certificate of
registration by the board of geologist registration;

(11) "Responsible charge of work", the independent control and direction
of geological work or the supervision of such work pertaining to the
practice of geology;

(12) "Specialty", a branch of geologic study and work such as engineering
geology, environmental geology, hydrogeology, mineral resources, and
other related work requiring geologic education and experience. (L. 1994
S.B. 649, A.L. 1997 S.B. 320)

1. Except as provided in section 256.471, no person, firm, or
corporation shall engage in the practice of geology affecting public
health, safety and welfare unless the work is performed by or under the
supervision of a registered geologist. All work so performed shall be
signed and sealed by the registered geologist in responsible charge.

2. No person shall prepare any geologic report or geologic portion of a
report required by or supporting compliance with municipal, county,
state, or federal laws, orders, ordinances or regulations which
incorporates or is based on a geologic study or on geologic data unless
the geologic report or geologic portion of the report is prepared by or
under the supervision of a registered geologist as evidenced by the
registered geologist's signature and seal.

3. No person who is not registered by the board to perform geologic work
in Missouri may use the designation of "registered geologist".

4. No person who is not recognized by the board as geologist-registrant
in-training may use the designation of "geologist-registrant in-training".

5. Any person who violates any provision of this section shall be guilty
of a class B misdemeanor. (L. 1994 S.B. 649)

1. The "Board of Geologist Registration" is hereby created to
administer the provisions of sections 256.450 to 256.483. The official
domicile of the board of geologist registration is the division of
professional registration. The division shall provide necessary staff
support services, but all administrative costs of board operation shall
be paid, upon appropriation, by moneys in the board of geologist
registration fund created in section 256.465.

2. The board shall be composed of eight members, seven of whom shall be
voting members appointed by the governor with the advice and consent of
the senate. The state geologist shall serve as "ex officio" nonvoting
member.

3. Five of the appointed members shall be registered geologists, except
that this requirement shall not apply for the initially appointed
geologist members. Four members shall be chosen to represent experience
in different geologic specialties. The fifth member shall be a geologist
employed by the state or a city or county. The initially appointed
geologist members must be eligible for registration pursuant to sections
256.450 to 256.483 and must be registered pursuant to sections 256.450 to
256.483 within twelve months following appointment to the board to
maintain eligibility as a member of the board.

4. Two of the appointed members shall be public members. Each public
member shall, at the time of appointment, be a citizen of the United
States, a resident of Missouri for at least three years immediately
preceding appointment, a registered voter, a person who is not and never
was a member of any profession licensed or regulated pursuant to this
chapter or the spouse of such person and a person who does not have and
never has had a material, financial interest in either the providing of
professional services regulated by this chapter or any activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. The duties of the public members shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure.

5. Each geologist member of the board shall be a citizen of the United
States and shall have been a resident of Missouri for at least three
years immediately preceding appointment.

6. Appointed members of the board shall serve terms of three years except
that two of the first appointed members shall be appointed to one-year
terms and two of the first appointed members shall be appointed to
two-year terms. Members shall hold office until the expiration of the
terms for which they were appointed and until their successors have been
appointed and duly qualified unless removed for cause by the governor. No
person may serve more than two consecutive terms.

7. The board shall not be required to give any appeal bond in any cause
arising under application of sections 256.450 to 256.483. The attorney
general shall represent the board in all actions and proceedings to
enforce the provisions of sections 256.450 to 256.483.

8. Notwithstanding any other provision of law to the contrary, any
appointed member of the board shall receive as compensation an amount
established by the director of the division of professional registration
not to exceed seventy dollars per day for board business plus actual and
necessary expenses. The director of the division of professional
registration shall establish by rule guidelines for payment. (L. 1994
S.B. 649, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)

1. The board shall meet within forty-five days after appointment
of its initial members. The board shall hold at least four regular
meetings each year. Special meetings shall be held at such times as the
rules of the board may provide and in accordance with notice requirements
thereof.

2. The board shall elect annually from its own membership a chair, vice
chair, and secretary-treasurer, none of whom shall hold that office for
more than two consecutive one-year terms, and the director of the
division of professional registration shall be the executive secretary to
assist the board in carrying out its duties and responsibilities.

3. The board shall promulgate rules pursuant to chapter 536, RSMo, and
section 256.640, necessary for the administration and enforcement of
sections 256.450 to 256.483.

4. The board shall prepare, administer, and grade or supervise the
preparation, administering, and grading of oral and written examinations
as required to administer and enforce sections 256.450 to 256.483. The
board may adopt or recognize, in part or in whole, examinations prepared,
administered, or graded by other organizations, on a regional or national
basis, which the board determines are appropriate to measure the
qualifications of an applicant for registration as a geologist in
Missouri, provided that the individual's examination records are
available to the board.

5. The board shall issue certificates of registration and shall renew and
reissue certificates as provided in sections 256.450 to 256.483. The
board may upon reissuing and renewal require the applicant to provide
evidence of continued competence in the practice of geology.

6. The board shall promulgate, by rule, and issue a code of professional
conduct for registered geologists. The board may suspend, revoke or
refuse issuance or renewal of registration for any registered geologist
who is found in violation of the code of professional conduct.

7. The board may refuse issuance or renewal of or suspend or revoke any
certificate, and impose sanctions including restrictions on the practice
of any individual geologist registered in Missouri for violations of
sections 256.450 to 256.483 or the rules promulgated thereunder.

8. The board shall seek cease and desist orders and injunctions against
any person violating sections 256.450 to 256.483 or the rules promulgated
thereunder.

9. The board shall recognize and authorize the official use of the
designation "registered geologist" for geologists registered under the
provisions of sections 256.450 to 256.483.

10. The board may enter into agreements with licensor organizations of
other states having official registration responsibilities for the
purposes of developing uniform standards for registration of geologists
including education, examinations, and other procedures for the purposes
of developing and entering into registration reciprocity agreements. All
such agreements shall be in accordance with the provisions of sections
256.450 to 256.483.

11. The board may recognize and establish, by rule, specialty fields of
geologic practice and establish qualifications, conduct examinations, and
issue certificates of registration in such specialties to qualified
applicants. (L. 1994 S.B. 649)

1. There is hereby created in the state treasury "The Board of
Geologist Registration Fund".

2. The board shall establish, by rule, fees to be charged for
applications, examinations, certification and certification renewal. The
fees shall be set at an amount which shall not be more than that required
to administer sections 256.450 to 256.483. Any balance in the fund at the
end of the biennium shall remain in the fund and shall not be subject to
the provisions of section 33.080, RSMo. (L. 1994 S.B. 649)

1. An applicant for certification as a registered geologist
shall complete and sign a personal data form, prescribed and furnished by
the board, and shall provide the appropriate application fee. The
personal data of an individual shall be considered confidential
information.

2. The applicant shall have graduated from a course of study satisfactory
to the board and which includes at least thirty semester or forty-five
quarter hours of credit in geology.

3. The applicant shall provide to the board a detailed summary of actual
geologic work, documenting that the applicant meets the minimum
requirements for registration as a geologist, including a demonstration
that the applicant has at least three years of postbaccalaureate
experience in the practice of geology.

4. Except as provided in this section, no applicant shall be certified
unless he or she shall have passed an examination covering the
fundamentals, principles and practices of geology prescribed or accepted
by the board.

5. Any person, upon application to the board and demonstration that the
person meets the requirements of subsections 1 and 2 of this section and
has passed that portion of the professional examination covering the
fundamentals of geology, shall be awarded the geologist-registrant
in-training certificate. The geologist then may use the title "geologist-
-registrant in-training" subject to the limitations of sections 256.450
to 256.483.

6. The board shall deny registration to an applicant who fails to satisfy
the requirements of this section. The board shall not issue a certificate
of registration pending the disposition in this or another state of any
complaint alleging a violation of this chapter or the laws, rules,
regulations and code of professional conduct applicable to registered
geologists and regulated geologic work of which violation the board has
notice. An applicant who is denied registration shall be notified in
writing within thirty days of the board's decision and the notice shall
state the reason for denial of registration. Any person aggrieved by a
final decision of the board on an application for registration may appeal
that decision to the administrative hearing commission in the manner
provided in section 621.120, RSMo.

7. The board shall issue an appropriate certificate evidencing the
issuance of the certificate of registration upon payment of the
applicable registration fee to any applicant who has satisfactorily met
all the requirements of this section for registration as a geologist.
Such certificate shall show the full name of the registrant, shall have a
serial number, and shall be dated and signed by an appropriate officer of
the board under the seal of the board.

8. The certificate seal shall be prima facie evidence that the person
named therein is entitled to all rights and privileges of a registered
geologist under sections 256.450 to 256.483 and to practice geology as an
individual, firm or corporation while such certificate remains unrevoked
or unexpired.

9. The board may issue a certificate of registration to any individual
who has made application and provided proof of certification of
registration from another state nongovernmental or governmental
organization, or country, approved by the board, provided that the
registration or licensing requirements are substantially similar to the
requirements of this section and the necessary fees have been paid. The
board may require, by examination or other procedures, demonstration of
competency pertaining to geologic conditions in Missouri.

10. The board shall reissue the certificate of registration of any
registrant who, before the expiration date of the certificate and within
a period of time and procedures established by the board, submits the
required renewal application and fee.

11. The board, by rule, may establish conditions and fees for the
reissuing of certificates of registration which have lapsed, expired, or
have been suspended or revoked.

12. Registered geologists may purchase from the board, or other approved
sources, a seal bearing the registered geologist's name, registration
number, and the legend "Registered Geologist". (L. 1994 S.B. 649, A.L.
1997 S.B. 320, A.L. 2005 S.B. 177)

1. Activities which are not regulated by sections 256.450 to
256.483 include work by employees or subordinates of a registered
geologist, provided that such work does not include responsible charge of
work, and such work is performed under the direct supervision of a
registered geologist who shall be responsible for such work.

2. The practice of geology affecting public health, safety, and welfare
by officers and employees of the United States, solely as such officers
and employees, shall not be regulated by sections 256.450 to 256.483.

3. Work of engineering and other licensed professions including the
acquisition of engineering data involving soil, rock, groundwater, and
other earth materials and the use of these data for engineering analysis,
design, and construction by professional engineers appropriately
registered or licensed in Missouri is exempted from the provisions of
sections 256.450 to 256.483.

4. Work customarily performed by professionals such as chemists,
archaeologists, geographers, speleologists, pedologists, and soil
scientists is exempt from the provisions of sections 256.450 to 256.483.

5. The practice of geology not affecting public health, safety, and
welfare within Missouri as determined by the board is exempt from the
provisions of sections 256.450 to 256.483. (L. 1994 S.B. 649, A.L. 1997
S.B. 320)

A registered person, firm or corporation practicing geology may
be reprimanded by the board for failure to abide by the requirements of
sections 256.450 to 256.483. The board may impose limitations, conditions
or restrictions upon the practice of a geologist-registrant in-training
or a registered geologist who is reprimanded under this section. (L. 1994
S.B. 649)

1. No person shall employ fraud or deceit in obtaining the
certificate of registration. A violation of this subsection shall be a
class B misdemeanor.

2. Any person found to have performed geologic work regulated under
sections 256.450 to 256.483 in a negligent manner shall be guilty of a
class B misdemeanor.

3. Any person who uses the seal of a registered geologist, other than the
person to whom the seal was issued, shall be guilty of a class B
misdemeanor.

4. The board shall revoke the certification of registration for a person
convicted of any felony or any crime involving moral turpitude or
sentence of imprisonment or probation in lieu thereof; or for any
misdemeanor relating to or arising out of the practice of geology
affecting public health, safety and welfare. (L. 1994 S.B. 649)

1. Any person may bring a complaint alleging a violation of
sections 256.450 to 256.483 or the rules promulgated thereunder. The
board shall investigate all complaints brought to its attention, and in
connection therewith may employ investigators, expert witnesses and
hearing officers and conduct hearings to determine whether disciplinary
action should be taken.

2. A person filing a complaint shall make the complaint in writing, swear
to be the person making the charges, and shall file the complaint with
the secretary of the board. Any person who reports or provides
information to the board in good faith is not subject to an action for
civil damages by the board. The board shall hear all charges, except
those which the board determines are unfounded or unsupported by the
evidence.

3. A copy of the complaint, together with notice setting forth the charge
or charges to be heard and the time and place of the hearing, shall be
served by the secretary of the board upon any person, firm or corporation
against which charges are filed. The complaint shall be conveyed by
registered mail to the last known address of the person, firm or
corporation subject to the complaint.

4. The board shall have the authority to subpoena witnesses and compel
their attendance and to require the production of books, papers, reports,
documents, and similar material in connection with any investigation or
hearing conducted by the board. Any member of the board may administer
oaths or affirm to witnesses appearing before the board. If any witness
refuses to obey the subpoena or refuses to testify or to produce evidence
as authorized, the board may petition the circuit court to issue such
subpoena and compel such attendance and production.

5. If the board determines that a person, firm or corporation is engaged
in an act or practice in violation of sections 256.450 to 256.483 or the
rules promulgated thereunder, the board may issue a temporary order
directing the recipient to cease and desist such act or practice, or
directing the recipient to take specified actions necessary to comply
with sections 256.450 to 256.483. The recipient of the order may request
a hearing on the matter within fifteen days after receipt of the
temporary order. The temporary order shall remain in effect until a final
order is issued following such hearing, and shall become final after
fifteen days, if no hearing is requested. Any person aggrieved by a final
order of the board may appeal the order to the administrative hearing
commission in the manner provided in section 621.120, RSMo.

6. If the board determines the activities of a registered geologist
present an imminent danger to public health, safety or welfare, the board
may issue an order for the immediate and temporary suspension of the
geologist's certificate of registration for a period of up to thirty
days. Any person whose registration has been suspended under this
subsection may request a hearing on the matter within fifteen days after
receipt of the order of suspension.

7. The board may request that the attorney general seek an injunction to
restrain any violation of sections 256.450 to 256.483.

8. Any person aggrieved by a final order or action of the board imposing
sanctions or other actions under sections 256.450 to 256.483 may, after
exhausting any administrative remedies provided under sections 256.450 to
256.483 and section 621.120, RSMo, appeal such decision or action as
provided in sections 536.100 to 536.140, RSMo. (L. 1994 S.B. 649)

1. Any person, firm or corporation who alters or revises any
document, map, or work signed or sealed by a registered geologist, unless
such alteration or revision is countersigned and countersealed by a
registered geologist, or changes or alters the name or seal of another
registered geologist, on any document, map or work; or otherwise
impersonates another registered geologist, or presents or attempts to use
as his or her own or on his or her own work the certificate of
registration or seal of another registered geologist shall be guilty of a
class B misdemeanor.

2. Any person who gives false or forged evidence of any kind to the board
or to any member thereof in testimony or in written communication,
including, but not limited to, evidence provided to falsely obtain a
certificate of registration shall be guilty of a class B misdemeanor.

3. Any person who uses a seal or signs any document under a certificate
of registration which has expired or has been suspended or revoked shall
be guilty of a class B misdemeanor.

(L. 1994 S.B. 649)

Sections 256.600 to 256.640 shall be known and may be cited as
"The Water Well Drillers' Act". (L. 1985 S.B. 281 § 1)

As used in sections 256.600 to 256.640, the following terms mean:

(1) "Abandoned well", a well shall be deemed abandoned which is in such a
state of disrepair that continued use for the purpose of thermal recovery
or obtaining groundwater is impractical and which has not been in use for
a period of two years or more. The term "abandoned well" includes a test
hole or a monitoring well which was drilled in the exploration for
minerals, or for geological, water quality or hydrologic data from the
time that it is no longer used for exploratory purposes and that has not
been plugged in accordance with rules and regulations pursuant to
sections 256.600 to 256.640;

(2) "Board", the body created in section 256.605;

(3) "Certification report", a form to be sent to the division upon
completion of any well which shows the location, static water level,
total depth, initial pumpage, hole size, casing size and length, and name
of well owner;

(4) "Division", the division of geology and land survey;

(5) "Driller's log", a record accurately kept at the time of drilling
showing the depth, thickness, character of the different strata
penetrated, location of water-bearing strata, depth, size and character
of casing installed, together with any other data or information required
on the certification report forms;

(6) "Examination", an assessment of professional competency administered
to applicants;

(7) "Heat pump installation contractor", any person, including owner,
operator or drilling supervisor who engages for compensation in the
drilling, boring, coring, or construction of any well in the state for
extracting thermal energy;

(8) "Monitoring well installation contractor", any person, including
owner, operator, or drilling supervisor who engages for compensation in
the drilling, boring, coring, or construction of any well in this state
which is drilled for geologic data, water quality, or hydrologic data;

(9) "Permitted well driller", any person who holds a permit issued
pursuant to the provisions of sections 256.600 to 256.640;

(10) "Person", any individual, whether or not connected with a firm,
partnership, association, corporation, or any other group or combination
acting as a unit;

(11) "Pump installation contractor", any person, firm or corporation
engaged in the business of installing or repairing pumps and pumping
equipment;

(12) "Registration report", a form to be sent to the division upon
completion of plugging of an abandoned well, raising casings, lining
wells, deepening of wells, major repairs and alterations, and jetted
wells;

(13) "Well", an excavation that is drilled, cored, bored, washed, driven,
dug, jetted, trenched, or otherwise constructed when the intended use of
such excavation is for the acquisition of groundwater supply, for
monitoring, thermal exchange or for exploration for minerals or geologic
or hydrologic data; but such term does not include a cistern, an
excavation made for the purpose of obtaining or for prospecting for oil
or natural gas, or for construction foundation data, dewatering of
construction sites or dewatering of existing structures, observation
wells used as a part of an underground storage tank leak detection system
of a minimal depth, as determined by the board by rule, or for inserting
media to repressure oil or natural-gas-bearing formations;

(14) "Well installation contractor", any person, including owner,
operator, and drilling supervisor who engages for compensation in the
drilling, boring, coring, or construction of any well in this state. The
term, however, shall not include any person who drills, bores, cores, or
constructs a water well on his own property for his own use or a person
who assists in the construction of a water well under the direct
supervision of a permitted well installation contractor and is not
primarily responsible for drilling operations;

(15) "Well owner", any person or corporation who is the party responsible
for having a well drilled and whose name appears on the well registration
or certification form. (L. 1985 S.B. 281 § 2, A.L. 1991 S.B. 221)

1. The "Well Installation Board" is hereby established which
shall be composed of nine members. Appointment to the board shall be made
without regard to race, creed, sex, religion, or national origin of the
appointees. Each member shall be a resident of the state and be
conversant in well drilling, completion, and plugging methods and
techniques.

2. Four members of the board shall hold valid permits under sections
256.600 to 256.640. Two of these shall hold permits as well installation
contractors, one shall hold a permit as a heat pump installation
contractor and as a well installation contractor and one shall hold a
permit as a monitoring well installation contractor and as a well
installation contractor. Four shall be public members, one of these shall
be a public water supply district user and one shall be a private well
user. The director of the department or his designee shall serve as a
member of the board. Board members shall serve four-year terms except
that two of the first appointed public members and two of the first
appointed members holding valid permits shall be appointed to two-year
terms. Members shall be appointed by the governor with the advice and
consent of the senate and each shall serve until his successor is duly
appointed and qualified. Vacancies shall be filled by appointment for the
unexpired term. Any member who fails to attend at least seventy-five
percent of the regular board meetings in any one year, at the discretion
of the board, shall be deemed to have resigned. Members shall be
reimbursed for actual and necessary expenses incurred in the performance
of their official duties while in attendance at board meetings out of
appropriations made for that purpose.

3. A member shall not be employed by or own an interest in a company,
firm, or business association which employs another member of the board
or in which another member owns an interest, if the company, firm, or
business association is engaged in any phase of the well drilling, pump
installation, heat pump or monitoring well business.

4. Except for industry members, no member shall receive, or shall have
received during the previous two years, income derived directly or
indirectly from any permittee or applicant under sections 256.600 to
256.640.

5. The board shall meet on a quarterly basis, and special meetings may be
called when deemed necessary by the division. A majority of the board is
a quorum for conducting business. The board shall elect a chairman by a
majority vote at the first meeting each year. (L. 1991 S.B. 221)

1. The board shall adopt and amend rules and regulations
pursuant to chapter 536, RSMo, which may be reasonably necessary to
govern the regulation of the well, the heat pump, monitoring well, and
pump installation industry in the state of Missouri.

2. The division with the approval of the board shall prepare examinations
and pass upon qualifications of the applicants for permits. The division
with the approval of the board may recognize, prepare, or carry out
continuing education programs for permittees. (L. 1991 S.B. 221)

1. No person may engage in business in this state as a well
installation contractor unless he has obtained from the division a permit
to conduct such business or businesses.

2. Nothing in sections 256.600 to 256.640 shall prevent a person who has
not obtained a permit pursuant to sections 256.600 to 256.640 from
constructing a well on his own or leased property intended for use only
in a single-family house which is his permanent residence, or intended
for use only for farming purposes on his farm, and where the waters to be
produced are not intended for use by the public or in any residence other
than his own. Such person shall comply with all rules and regulations as
to construction of wells adopted under sections 256.600 to 256.640.

3. Any well installation contractor or pump installation contractor
acting as the primary contractor in the construction, alteration, major
repair or abandonment of any well shall be required to obtain a permit
from the division and comply with all rules and regulations promulgated
pursuant to sections 256.600 to 256.640.

4. Any heat pump installation contractor or monitoring well installation
contractor shall obtain a permit from the division and comply with all
rules and regulations pursuant to sections 256.600 to 256.640. (L. 1985
S.B. 281 § 3, A.L. 1991 S.B. 221)

The division shall issue a permit as a well installation
contractor, heat pump installation contractor, monitoring well contractor
or pump installation contractor to any person properly making application
therefor, who is not less than eighteen years of age, has a knowledge of
rules and regulations adopted under sections 256.600 to 256.640, and has
passed the appropriate examination and has supplied proof of adequate
experience as specified by rule and regulation. (L. 1985 S.B. 281 § 4,
A.L. 1991 S.B. 221)

Written examinations shall be designed to test the applicants'
knowledge of the principles of well drilling and plugging, the methods of
installation of pumping equipment and the rules and regulations
promulgated under sections 256.600 to 256.640. (L. 1991 S.B. 221)

1. The division shall be notified, on certification or
registration forms to be provided by the division, of the activities
specified in this section within sixty days:

(1) Certification forms shall be used to report:

(a) New well construction;

(b) New pump installations;

(c) Drilling of monitoring wells;

(d) Drilling of heat pump wells;

(2) Registration forms shall be used to report:

(a) Plugging of wells;

(b) Raising of casing;

(c) Lining of wells;

(d) Deepening of wells;

(e) Major repairs and alteration to wells;

(f) Jetted well construction;

(3) The certification form shall be accompanied by the certification fee
and the registration form shall be accompanied by the registration fee,
however, on new well construction and new pump installation, only one fee
shall be required.

2. Any well driller who encounters oil or gas during drilling operations
or a well owner who converts a well from a water well to an oil or gas
well shall notify the division and file for a permit from the Missouri
oil and gas council, and the well shall be completed in accordance with
the regulations of the council. (L. 1985 S.B. 281 § 5, A.L. 1991 S.B. 221)

1. Wells abandoned by the landowner after August 28, 1991, shall
be plugged or caused to be plugged by the landowner according to the
regulations developed pursuant to sections 256.600 to 256.640. If the
department makes a finding that certain unusual conditions exist at a
well, the department may require that the same be plugged by a permitted
well driller.

2. Any test hole which is drilled for underground exploration shall be
plugged in accordance with rules and regulations developed pursuant to
sections 256.600 to 256.640.

3. Any information obtained by the department which identifies a test
hole or a monitoring well which was drilled in the exploration for
minerals shall remain confidential and shall not be released by the
division for a period of ten years following the receipt of the
information which initially identified the test hole or monitoring well.
The person submitting the report or the person for whom the well was
drilled may request that such information remain confidential for an
additional five years and the division shall grant such request. Any
employee of the division who discloses confidential information shall be
subject to disciplinary action by the division and is guilty of a class A
misdemeanor. (L. 1991 S.B. 221)

A well installation contractor or pump installation contractor
who has had a permit revoked or a person found guilty of a class A
misdemeanor in accordance with section 256.637 shall provide to the
division a performance bond or letter of credit in order to obtain a
permit.

(1) The bond or letter of credit required by this section shall be:

(a) Conditioned upon faithful compliance with the conditions and terms of
sections 256.600 to 256.640; and

(b) In such amount as determined by the division to ensure compliance
with the procedures, rules and regulations, and standards established
pursuant to sections 256.600 to 256.640, but shall not exceed ten
thousand dollars or be less than one thousand dollars. When setting the
amount, the division shall consider the total number of wells drilled or
pumps installed and the average cost of each well drilled or serviced by
the applicant;

(2) Such performance bond, placed on file with the director, shall be in
one of the following forms:

(a) A performance bond, payable to the director and issued by an
institution authorized to issue such bonds in this state; or

(b) An irrevocable letter of credit issued in favor of and payable to the
director from a commercial bank or savings and loan having offices in the
state of Missouri;

(3) The requirement for a performance bond or a letter of credit by a
well installation contractor or pump installation contractor who has had
a permit revoked, or a person who has been found guilty of a class A
misdemeanor in accordance with section 256.637 shall cease after two
consecutive years of well drilling or pump installation in accordance
with the provisions of sections 256.600 to 256.640, and any rules or
regulations promulgated pursuant to sections 256.600 to 256.640;

(4) Upon a determination by the division that a well contractor or pump
installation contractor has failed to meet standards as set out in
sections 256.600 to 256.640 and the rules and regulations promulgated
thereunder, the division shall notify the well installation contractor or
pump installation contractor that the bond or letter of credit will be
forfeited and the moneys placed in the groundwater protection fund for
remedial action, if that person does not bring the well or borehole up to
the standards established pursuant to sections 256.600 to 256.640 within
sixty days after notification of such determination has been given;

(5) If a well is not brought up to the standards established pursuant to
sections 256.600 to 256.640 within the sixty-day notification period the
division may, upon expiration of the notification period, expend whatever
portion of the bond or letter of credit is necessary to hire another
contractor to bring the well or borehole up to standards or to construct
a new well. (L. 1991 S.B. 221, A.L. 1997 S.B. 342)

All permitted water well drillers shall see that all rigs used
by them or their employees in the water well drilling are marked with
legible identification numbers at all times. The identification number to
be used on the rigs shall be the permit license number which appears on
the driller's permit. The rules and regulations adopted by the division
shall set out in detail the specific method and manner for marking the
rigs. A separate permit shall be obtained for each rig operated by a
permitted water well driller during permit year. (L. 1985 S.B. 281 § 6)

Except as provided in section 256.615, operational wells in
existence on September 28, 1985, shall not be required to conform to the
provisions of sections 256.600 to 256.640, or any rules or regulations
adopted pursuant thereto unless such wells or pump installations for such
wells are determined to present a threat to groundwater. (L. 1985 S.B.
281 § 7, A.L. 1991 S.B. 221)

All persons engaged in groundwater or surface water tracing, for
any purpose, shall register with the division. This registration shall be
renewed annually. The registrant shall report in writing all proposed
injections of tracers to the division prior to actual injection. Written
and graphical documentation of traces shall be provided to the division
within thirty days of completion of each trace. The division shall
maintain records of all injections and traces reported and will provide
this information to interested parties upon request at the cost of
reproduction. (L. 1991 S.B. 221)

1. The board shall by rules and regulations establish reasonable
and necessary fees for:

(1) Permits;

(2) Renewal of permits;

(3) Duplicate permits;

(4) Rig permits;

(5) Certification reports;

(6) Registration reports;

(7) Division publications (not to exceed the cost of publication and
handling);

(8) Logging of wells;

(9) Examinations; and

(10) Late document submittals.

2. The fees shall be set at a level necessary to produce revenue which
shall not substantially exceed the cost and expense of administering
sections 256.600 to 256.640. The board shall also by rules and
regulations set forth appeal processes for contractors subject to
disciplinary action and shall set forth procedures by which any aggrieved
party may bring a complaint to the division. (L. 1985 S.B. 281 § 8, A.L.
1991 S.B. 221)

1. The board shall adopt, amend, and promulgate in the manner
provided by law, and enforce rules and regulations pertaining to the
construction and abandonment of wells, and the permitting of operators
and contractors under sections 256.600 to 256.640.

2. The board shall specify by rule and regulation the types of materials
which may be used as a coolant in a heat pump well. Preference shall be
given to those coolants which would present the least threat to
groundwater if released into the environment. The board shall also
specify by rule and regulation those coolants which shall not be used in
heat pump wells due to their potentially harmful effects if released into
the environment. (L. 1985 S.B. 281 § 9, A.L. 1991 S.B. 221)

1. A public water supplier subject to the provisions of chapter
640, RSMo, which connects to any structure or location previously served
by any well which is not that of another public water supplier shall
notify the well owner of his obligation to plug any abandoned well
pursuant to the requirements of sections 256.600 to 256.640. The public
water supplier shall not connect any person to the public water system
until the person submits information which identifies the location of
wells and attests that:

(1) Known abandoned wells on the property have been plugged; or

(2) There are no known abandoned wells on the property; or

(3) Existing wells will remain in use and will be properly plugged when
no longer used; or

(4) Any abandoned wells will be plugged within ninety days.

2. The public water supplier shall submit a copy of information so
received to the division on forms provided by the division, along with
sufficient information to enable the division to locate existing and
abandoned wells. The division shall, within a reasonable time, inspect
any well identified in subdivision (4) of subsection 1 of this section.
If the division determines that an abandoned well has not been plugged,
it shall order the owner to have it plugged by a permitted water well
installation contractor within thirty days. The division shall
immediately seek injunctive relief through the office of the prosecuting
attorney of the county wherein the alleged violation occurred to enforce
its order and shall notify the appropriate public water supplier who
shall terminate water service to the property thirty days after receipt
of notice if the well has not been plugged. Any person who fails to plug
an abandoned well pursuant to the provisions of this subsection shall,
upon conviction, be subject to the penalties specified in section
256.637. (L. 1991 S.B. 221)

1. If the division determines that the holder of any permit
issued pursuant to sections 256.600 to 256.640 has violated any provision
of sections 256.600 to 256.640, or any rule or regulation adopted
pursuant thereto, the division shall reprimand, suspend, place any such
permittee on probation or revoke a permit.

2. The division shall cause to have issued and served upon the permittee
a written notice of the order or revocation issued under section 256.619
or this section, which notice shall include a copy of the order, shall
specify the provision of sections 256.600 to 256.640, or the standard,
rule or regulation, order or permit term or condition of which the
permittee is alleged to be in violation and a statement of the manner in
which the person is alleged to violate sections 256.600 to 256.640, or
the standard, rule or regulation, order or permit term or condition.
Service may be made upon any person within or without the state by
registered or certified mail, return receipt requested. Any person
against whom the division issues an order may appeal it by filing a
petition with the board within thirty days. The appeal shall stay the
enforcement of the order until a final determination is made.

3. After due consideration of the record, or upon default in appearance
of the petitioner at any hearing of which he has been given notice by
registered or certified mail, the board shall issue and enter such final
order, or make such final determination as it deems appropriate under the
circumstances. The board may sustain, reverse or modify the division's
order or may make such other orders as it deems appropriate under the
circumstances. It shall notify the petitioner or respondent thereof in
writing by certified or registered mail.

4. Any affected person aggrieved by an action of the division may appeal
to the board. At any public hearing all testimony taken before the board,
or a hearing officer appointed by the board, shall be under oath and
recorded stenographically. The transcript so recorded shall be made
available to any person upon payment of a fee equal to the cost of
reproduction. All final orders and determinations of the board or the
division made pursuant to the provisions of sections 256.600 to 256.640
are subject to judicial review pursuant to the provisions of section
536.100, RSMo. Any person who has exhausted all administrative remedies
provided by chapter 536, RSMo, and who is aggrieved by a final decision
in a contested case, whether such decision is affirmative or negative in
form, shall be entitled to judicial review in the form of a trial de novo
in the circuit court of the county wherein the alleged impropriety
occurred. (L. 1985 S.B. 281 § 10, A.L. 1991 S.B. 221)

The division may petition a court of competent jurisdiction for
injunctions or other appropriate relief to enforce the provisions of
sections 256.600 to 256.640. The attorney general shall represent the
division when requested to do so. (L. 1985 S.B. 281 § 11)

1. The state auditor shall audit the financial transactions of
the division in connection with the administration of sections 256.600 to
256.640.

2. All money collected by the division under the provisions of sections
256.600 to 256.640 shall be deposited in the state treasury to the credit
of a special fund hereby established to be known as the "Groundwater
Protection Fund". Moneys in the fund shall be expended only for the
purposes of administering sections 256.600 to 256.640. Notwithstanding
the provisions of section 33.080, RSMo, any balance remaining in the fund
at the end of an appropriation period shall not be transferred to general
revenue, except that should there be a balance remaining in the fund at
the end of an appropriation period exceeding one-half of the next year's
projected operating budget for administration of sections 256.600 to
256.640, the amount exceeding one-half of the next year's projected
budget shall be transferred to the general revenue fund.

3. Any balance in the water well drillers' fund on August 28, 1997, shall
be transferred to the groundwater protection fund on that date, and
following such transfer, the water well drillers' fund shall be
abolished. (L. 1985 S.B. 281 § 12, A.L. 1997 S.B. 342)

1. Any person who willfully violates any of the provisions of
sections 256.600 to 256.640 is guilty of a class A misdemeanor.

2. In the event of a continuing violation, each day that the violation
continues shall constitute a separate and distinct offense.

3. Any person who willfully obstructs, hinders or prevents agents of the
division in the performance of the duties imposed on them by sections
256.600 to 256.640 is guilty of a class A misdemeanor.

4. Any well owner who knowingly causes or permits a hazardous or
potentially hazardous condition to exist which could cause deterioration
of groundwater quality in the system, even in a local area, shall forfeit
his right to an approved, certified well. He shall also be liable to
legal action by the state and any neighboring well owners should the
condition endanger the groundwater in surrounding areas. If the division
finds that such conditions exist, it shall order the well owner to plug
the well.

5. Upon receipt of a complaint filed with the division alleging that any
provision of sections 256.600 to 256.640, or any standard, rule or
regulation promulgated thereto was violated, the division may institute a
civil action in the jurisdiction where the well is located for injunctive
relief through the office of the prosecuting attorney of the county
wherein the alleged violation occurred to prevent such violation or
further violation, or for the assessment of a civil penalty not to exceed
five hundred dollars per day for each day, or part thereof, the violation
occurred and continued to occur, or both, as the court deems proper. For
the purpose of this section, the filing of a well registration or
certification form containing false information shall constitute a
violation for each day after notification that such form is on file with
the division. Any moneys paid in civil penalties shall be deposited in
the groundwater protection fund. (L. 1985 S.B. 281 § 13, A.L. 1991 S.B.
221, A.L. 1997 S.B. 342)

No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1985 S.B. 281 §
14, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

As used in sections 256.641 to 256.660, the following words mean:

(1) "Irrigation well", any well which is used for the primary purpose of
providing water for the irrigation or inundation of crops;

(2) "Qualified voter", an owner of one acre or more of real property. (L.
1992 S.B. 661 & 620 § 21)

1. There is hereby established a public corporation to be known
as the "Southeast Missouri Regional Water District". The district may
include all or part of the following counties: Scott, Mississippi,
Stoddard, Butler, New Madrid, Pemiscot and Dunklin.

2. The southeast Missouri regional water district shall be governed by a
commission comprised of one person from each county in the district. (L.
1992 S.B. 661 & 620 § 22 subsecs. 1, 2)

Within thirty days of August 28, 1992, the governing body of
each county listed in section 256.643 shall adopt a plan for the county
establishing the precise boundary of that portion of the county to be
included in the district. The governing body of each county adopting a
plan shall direct the clerk of the county court to call a meeting of the
owners of real estate of one acre or more per parcel situated in that
county. Notice shall be given by publication once a week for three
consecutive weeks in some newspaper of general circulation in the county
at least ten days before the day of the meeting. The notice shall specify
the meeting day, time, and place in the county; and that the purpose of
the meeting is to determine whether the qualified voters wish to become a
part of the district, and if so, to elect commissioners. (L. 1992 S.B.
661 & 620 § 22 subsec. 3)

1. The qualified voters in each county shall organize by
electing a chairman and secretary of the meeting, who shall conduct
elections for the following purposes:

(1) To determine whether a majority of the qualified votes have been cast
in favor of becoming a part of the district; and

(2) If a majority of the qualified votes have been cast in favor of
becoming a part of the district, then to select one commissioner of the
district.

2. All elections conducted pursuant to subsection 1 of this section shall
be conducted as follows: Each one acre of land which is assessed
agricultural within the established boundary lines in the county shall
represent one share, and each qualified voter shall be entitled to one
vote by person or proxy for each one acre of land owned by such person
within such boundary lines. (L. 1992 S.B. 661 & 620 § 22 subsecs. 4, 5)

Counties listed in section 256.643 which do not join the
district pursuant to the provisions of sections 256.645 and 256.647 may
subsequently join the district if the governing body of such county,
after obtaining approval from the district commission, adopts an order
declaring that the county shall join the district and establishing the
precise boundary of the district within the county and if, after
submitting the question of joining the district to the qualified voters
of the county to be included in the district, a majority of such votes
cast on the question favor joining the district. Such vote shall be
conducted at an organizational meeting conducted pursuant to subsection 1
of section 256.647. Following the approval of the question favoring
joining the district, the qualified voters of the county shall elect one
commissioner to the commission to serve a term of office of six years as
provided in subdivision (2) of subsection 1 of section 256.647.
Candidates for election to the commission shall be citizens of the United
States, voters within the county for one year next preceding the
election, and at least thirty years of age. (L. 1992 S.B. 661 & 620 § 22
subsec. 6)

1. The commission shall meet in the county containing the
largest proportion of the area of the district within three weeks of the
initial appointment of commissioners from each county which joins the
district.

2. Appointed commissioners shall serve until their successors have been
duly elected and qualified.

3. The elected commission members shall, at their first meeting, by lot
determine the terms of their office, which shall be initially two, four
and six years, and six years thereafter, and they shall serve until their
successors shall have been elected and qualified. No commissioner shall
serve more than two terms, whether partial or full.

4. Vacancies shall be filled by the county commission in the county from
which the vacancy occurs for the remainder of an unexpired term. Members
of the commission shall receive a per diem for attending commission
meetings as set by the commission.

5. Each commission member before entering upon his official duties shall
take and subscribe to an oath before an officer authorized by law to
administer oaths, that he will honestly, faithfully, and impartially
perform the duties devolving upon him in office as a commission member of
the district. (L. 1992 S.B. 661 & 620 §§ 23, 24)

1. The commission members shall, at their first meeting, choose
one of their number president of the commission, and elect some suitable
person secretary, who shall serve until his successor is appointed and
qualified, and who shall be a resident of the county or counties in which
the district is situated and may or may not be a member of the commission.

2. The commission may adopt a seal with a suitable device, and shall keep
a record of all its proceedings, which shall be open to the inspection of
all interested parties.

3. Any action by the commission shall be by majority vote, and each
commissioner shall have one vote.

4. The commission shall:

(1) Monitor the quality and quantity of ground and surface water in the
district;

(2) Implement a cooperative agreement with the department of natural
resources to share information obtained under the provisions of sections
256.614 and 256.615 and any other information under sections 256.600 to
256.637 applicable to the collection of any fees established by the
commission under section 256.655. Any information obtained by the
department which identifies a test hole or a monitoring irrigation well
which was drilled in the exploration of minerals shall remain
confidential and shall not be released by the department to the
commission;

(3) Require all water users in the district with irrigation wells
measuring six inches or greater in diameter to annually report usage and
number and location of irrigation wells. The department of natural
resources shall provide, to the district, copies of water usage and
irrigation well location reports received under the drinking water
program, chapter 640, RSMo, or section 256.410, from all users within the
district within fifteen working days of receipt of such reports;

(4) Review and comment on the state water plan and any revisions thereto;

(5) Develop water management plans for the district in consultation with
the department of natural resources and the state water plan advisory
board, after public notice and hearings thereon.

5. The commission may:

(1) Hold such other hearings as may be necessary;

(2) Classify ground and surface water consistent with any classification
system employed by the department of natural resources or any other
recognized classification system approved by the commission;

(3) Initiate water studies in the district;

(4) Establish criteria for evaluating the need for irrigation well
spacing requirements, criteria for assessing water quality and
recommendations for steps to be taken if water quality or quantity
deteriorates or if water quality or quantity is threatened;

(5) Contract with public and private entities;

(6) Accept grants and other funds and budget for same;

(7) Adopt rules after public notice and hearings thereon;

(8) Represent the district before state and federal agencies.

6. Nothing in subsections 4 to 6 of this section shall be construed to
limit the powers, duties or authority of the well installation board as
provided in sections 256.600 to 256.640. (L. 1992 S.B. 661 & 620 §§ 25,
26, A.L. 1993 H.B. 482)

1. The commission may establish annual fees to be paid by
persons owning irrigation wells which measure six inches in diameter or
greater. Such fee may not exceed five dollars per well without prior
approval of the qualified voters as provided for in sections 256.643 to
256.660. The commission may propose to raise the fee to an amount not to
exceed twenty-five dollars per well. The fee shall be raised to such
amount upon approval by at least two-thirds of those voting on the
question in the district. The fee shall be set by the commission in an
amount necessary to produce revenue reasonably required to implement the
provisions of sections 256.643 to 256.660 and shall be based upon the
number of irrigation wells owned, water usage, size of the irrigation
well or any combination thereof, adopted by the commission.

2. Each owner of a new irrigation well drilled which is an irrigation
well measuring six inches in diameter or greater shall pay a fee to the
commission of fifteen dollars for each new irrigation well drilled and
each owner of an irrigation well measuring six inches in diameter or
greater which is plugged under this chapter shall pay a fee to the
commission of fifteen dollars.

3. The commission shall meet at least quarterly and upon the call of the
president or any three members of the commission.

4. The fees authorized under this section shall not apply to any
political subdivision or special district of the state. (L. 1992 S.B. 661
& 620 § 27, A.L. 1993 H.B. 482)

1. The secretary of the commission shall hold the office of
treasurer of such district and he shall receive and receipt for all
moneys collected or obtained by the commission.

2. The secretary may receive a salary, payable monthly, such as the
commission may fix, as well as all necessary expenses. The commission
shall furnish the secretary the necessary office room, furniture,
stationery, maps, plats, typewriter and postage, which office shall be in
the county, or one of the counties, in which such district is situated,
and the district records shall be kept in such office.

3. The secretary may appoint, by and with the advice and consent of the
commission, one or more deputies as may be necessary, whose salary or
salaries and necessary expenses shall be paid by the district.

4. The secretary shall give bond in such amount as shall be fixed by the
commission, conditioned that he will account for and pay out, as provided
by law, all moneys received by him from any source, which bond shall be
signed by at least two sureties, approved and accepted by the commission,
and the bond shall be in addition to the bond for the proceeds of sales
of bonds. The bond of the secretary may, if the commission shall so
direct, be furnished by a surety or bonding company, which shall be
approved by the commission. Bond shall be placed and remain in the
custody of the president of the commission, and shall be kept separate
from all papers in custody of the secretary.

5. The secretary shall deposit all funds received by him in some bank,
banks or trust company to be designated by the commission. All interest
accruing on such funds shall, when paid, be credited to the district.

6. The commission shall have audited the books of the secretary of the
district by a certified public accountant each year and make report
thereof to the landowners within thirty days thereafter, showing the
amount of money received, the amount paid out during such year, and the
amount in the treasury at the beginning and end of the year, and file a
copy of such statement in the office of the county clerk of each county
containing land embraced in the district.

7. The secretary of the district shall pay out funds of the district only
on warrants issued by the district, said warrants to be signed by the
president of the commission and attested by the signature of the
secretary. All warrants shall be in the following form: $ ..... Fund
........ No. of warrant ........ Secretary of the Regional Water
District, state of ......... .

Pay to .......... dollars out of the money in ........... fund of
........... district for ............ .

By order of commission of the Regional Water District.

........................,

President of district.

Attest .....................,

Secretary of district. (L. 1992 S.B. 661 & 620 § 28)

1. Disincorporation of the district may be accomplished by a
vote therefor on the submission of the question to the qualified voters
of the district. The submission is initiated as follows:

(1) When the commission determines the disincorporation is desirable
after a hearing on the subject is held, provided that notice of such
hearing is made by publication setting a time for the hearing and citing
the reasons for the proposed need to disincorporate, and the commission
makes its decision for disincorporation within thirty days after the
hearing is concluded, and on such decision calls forthwith for a
disincorporation election; or

(2) When five percent or more of the qualified voters from each of a
majority of the counties within the district petition the commission for
a disincorporation election. The determination of the validity of the
petition signatures shall be made by the election district of each
county. When the election district determines that the petition is valid,
the commission shall call a hearing as on its own motion to
disincorporate. After the hearing is concluded with no withdrawal of the
petition as provided for in this section, the commission shall notify the
county clerks of all counties in the district, who shall submit the
question to the qualified voters of the district.

2. A majority of petitioners on a disincorporation petition may withdraw
the petition and thereby terminate the proceedings at any time before the
hearing is concluded.

3. The question shall be submitted in substantially the following form:

Shall the Southeast Missouri Regional Water District be disincorporated?

4. A vote of a majority of those voting is required for disincorporation.

5. When disincorporation is voted as provided in this section, the
commission shall certify the result to the court, whereupon the court
shall appoint a competent person from within the district as receiver.
The receiver shall have, under order of the court, such powers and
responsibilities, as such would apply to this section, as provided by law
for receivers in the liquidation of general and business corporations and
shall be considered, for the purpose of sections 256.643 to 256.660, to
be an officer of the district. Upon appointment of a receiver by the
court, the power and authority of the commissioners of the district to
function as the commission of the district ceases, and the offices of
commissioners terminate, subject to whatever orders the court may issue
for securing the aid of the commissioners in liquidation of the district.

6. When the receiver has closed the affairs and paid all debts of the
district, he shall, subject to any further and necessary orders of the
court, take action as follows:

(1) Pay to the county commission of each county within the district the
money remaining in his hands, on the basis of a pro rata to each county
commission as the fees paid from each county to the district in the last
full year of district fee collection under the commission relate to the
total district fee collection in said year;

(2) File all data, plans and other official records of the district with
the clerk of the court, which records shall be matters of public record
available to any interested person. (L. 1992 S.B. 661 & 620 § 29)

1. As used in this section, the following terms mean:

(1) "Community", any municipality as defined in this section;

(2) "Geographical information system", a computerized, spatial coordinate
mapping and relational data base technology which:

(a) Captures, assembles, stores, converts, manages, analyzes, amalgamates
and records, in the digital mode, all kinds and types of information and
data;

(b) Transforms such information and data into intelligence and
subsequently;

(c) Retrieves, presents and distributes that intelligence to a user for
use in making the intelligent decisions necessary for sound management;

(3) "Municipality", any city with a population of three hundred fifty
thousand or more inhabitants which is located in more than one county.

2. In the interest of maintaining community governments open and
accessible to the public, information gathered by communities for use in
a geographical information system, unless properly made a closed record,
should be available to the public. However, access to the information in
a way by which a person could render the investment of the public in a
geographical information system a special benefit to that person, and not
to the public, should not be permitted.

3. Any community as defined in this section may create a geographical
information system for the community. The scope of the geographical
information system shall be determined by the governing body of the
community. The method of creation, maintenance, use and distribution of
the geographical information system shall be determined by the governing
body of the community.

4. The information collected or assimilated by a community for use in a
geographical information system shall not be withheld from the public,
unless otherwise properly made a closed record of the community as
provided by section 610.021, RSMo. The information collected or
assimilated by a community for use in a geographical information system
need not be disclosed in a form which may be read or manipulated by
computer, absent a license agreement between the community and the person
requesting the information.

5. Information collected or assimilated by a community for use in a
geographical information system and disclosed in any form, other than in
a form which may be read or manipulated by computer, shall be provided
for a reasonable fee, as established by section 610.026, RSMo. A
community maintaining a geographical information system shall make maps
and other products of the system available to the public. The cost of the
map or other product shall not exceed a reasonable fee representing the
cost to the community of time, equipment and personnel in the production
of the map or other product. A community may license the use of a
geographical information system. The cost of licensing a geographical
information system may reflect the:

(1) Cost to the community of time, equipment and personnel in the
production of the information in a geographical information system or the
production of the geographical information system;

(2) Cost to the community of the creation, purchase, or other acquisition
of the information in a geographical information system or of the
geographical information system; and

(3) Value of the commercial purpose, if any, for which the information in
a geographical information system or a geographical information system is
to be used.

6. The provisions of this section shall not hinder the daily or routine
collection of data, as defined in section 569.093, RSMo, from the
geographical information system by real estate brokers and agents, title
collectors, developers, surveyors, utility companies, banks, or mortgage
companies, nor shall the provisions allow for the charging of fees for
the collection of such data exceeding that allowed pursuant to section
610.026, RSMo. The provisions of this section, however, shall allow a
community maintaining a geographical information system to license and
establish costs for the use of the system's computer program and computer
software, as defined in section 569.093, RSMo.

7. A community distributing information used in a geographical
information system or distributing a geographical information system
shall not be liable for any damages which may arise from any error which
may exist in the information or the geographical information system. (L.
1995 H.B. 452, et al. § 3)

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