Missouri Statute | Act | Code |Roads And Waterways| US Code - US Statute | Chapter 236 Dams, Mills And Electric Power

Any person or corporation chartered and organized to construct,
operate and maintain mills, electric power and light works, or other
machinery, may erect a dam across any watercourse, not being a navigable
stream, if such person or corporation is the proprietor of the land
through which the watercourse runs at the point where it is proposed to
erect such dam, by proceeding as herein provided. (RSMo 1939 § 10286)

Prior revisions: 1929 § 9157; 1919 § 7399; 1909 § 5456

(1962) Civil rule prescribing condemnation procedure governs procedure to
be followed in exercise of power of eminent domain granted by chapters
236 and 523, RSMo. Union Electric Co. v. Jones (Mo.), 356 S.W.2d 857.

Any person or corporation chartered and organized to construct,
operate and maintain mills, electric power and light works, or other
machinery, being the owner, in fee simple, of the land on one side of
such watercourse, including a part of the bed of the stream, at a point
where it is proposed to erect a dam, may, nevertheless, erect such dam by
proceeding as herein provided. (RSMo 1939 § 10287)

Prior revisions: 1929 § 9158; 1919 § 7400; 1909 § 5457

In the case supposed in section 236.010, the person or
corporation proposing to erect a dam shall file a petition in the circuit
court of the county in which it is proposed to erect such mill, electric
power and light works, or other machinery, in connection with the dam,
and shall therein set forth:

(1) A description of the land and an abstract of the title thereto;

(2) The name of the watercourse, and a description of the point at which
it is proposed to erect such dam;

(3) The altitude of the dam which it is proposed to erect; and

(4) The kind of mill, electric power and light works, or other machinery,
which it is proposed to connect with the dam. (RSMo 1939 § 10288)

Prior revisions: 1929 § 9159; 1919 § 7401; 1909 § 5458

(1961) This section was designed to promote the construction of mills and
to protect the owners of land along watercourses and contemplated a
permanent construction. It has no application to a temporary dam to
enable the construction of a bridge. Rector v. Tobin Const. Co. (A.), 351
S.W.2d 816.

In the case supposed in section 236.020, the person or
corporation proposing to erect a dam shall file a petition as provided in
section 236.030, and in addition thereto shall set forth:

(1) The name and place of residence of the owner of the land on the other
side of the watercourse whereon to abut such dam;

(2) On what side of the watercourse it is proposed to erect such mill,
electric power and light works, or other machinery in connection with the
dam; and

(3) A prayer that the title to one acre of the land on the opposite side
of such watercourse, to include the place where to abut such dam, may be
decreed to such person or corporation, and that the same may be set apart
by metes and bounds. (RSMo 1939 § 10289)

Prior revisions: 1929 § 9160; 1919 § 7402; 1909 § 5459

Such petition shall be filed in the circuit court of the county
within which the petitioner proposes to erect such mill, electric power
and light works, or other machinery. (RSMo 1939 § 10290)

Prior revisions: 1929 § 9161; 1919 § 7403; 1909 § 5460

Upon filing the petition, it shall be the duty of the court to
cause a writ of ad quod damnum to be issued, under the seal of the court,
directed to the sheriff, commanding him to summon twelve fit persons of
his county to meet at the place where it is proposed to erect a dam, on a
day to be named in the writ, then and there to inquire, by the said jury,
touching the matters contained in the petition a copy of which shall
accompany the writ. (RSMo 1939 § 10291)

Prior revisions: 1929 § 9162; 1919 § 7404; 1909 § 5461

The sheriff shall attend the jury on the day and at the place
appointed, and upon full examination, inquire by such jury:

(1) What damage each proprietor will sustain by reason of inundation
consequent upon the erection of the dam, as proposed;

(2) Whether the mansion house of any such proprietor, or the outhouses,
curtilages or gardens thereto immediately belonging, or orchard, will be
overflowed thereby;

(3) Whether and to what extent ordinary navigation and the passage of
fish will be obstructed by such erection, and whether and by what means
the same may be prevented or diminished; and

(4) Whether the health of the neighborhood will be materially affected in
consequence of such erection. (RSMo 1939 § 10292)

Prior revisions: 1929 § 9163; 1919 § 7405; 1909 § 5462

In the case supposed in section 236.020, the sheriff shall
further inquire by the jury the value of the acre of land mentioned in
the prayer of the petition, and set apart the same by metes and bounds.
(RSMo 1939 § 10293)

Prior revisions: 1929 § 9164; 1919 § 7406; 1909 § 5463

In such case the sheriff shall give the proprietor of the land
whereof one acre is prayed for, a reasonable notice of the time and place
when and where he will take the inquest of the jury, if such proprietor
be in his county, and if not, he shall set up notice at the house of the
tenant of such land, and if there be no actual tenant thereof, he shall
set up such notice at some conspicuous place on the land. (RSMo 1939 §
10294)

Prior revisions: 1929 § 9165; 1919 § 7407; 1909 § 5464

The sheriff and jury may enter and act in an adjoining county
when necessary to the discharge of their duties. (RSMo 1939 § 10295)

Prior revisions: 1929 § 9166; 1919 § 7408; 1909 § 5465

The inquest of the jury shall be reduced to writing, signed by
each of the jurors, and returned by the sheriff, together with the writ
and a statement of the manner in which he executed it, into the court
whence it issued, without delay. (RSMo 1939 § 10296)

Prior revisions: 1929 § 9167; 1919 § 7409; 1909 § 5466

Upon the return of such inquest and writ, any person aggrieved
by the verdict of the jury may file his objections to the proceedings
under such writ, and to the verdict, and show cause why the proceedings
should be quashed and the verdict set aside. (RSMo 1939 § 10297)

Prior revisions: 1929 § 9168; 1919 § 7410; 1909 § 5467

The court may thereupon direct issues to be made up and tried as
in other civil cases, and if good cause be shown therefor, the court
shall quash the proceedings and set aside the verdict. (RSMo 1939 § 10298)

Prior revisions: 1929 § 9169; 1919 § 7411; 1909 § 5468

The costs attending the trial of such issues shall be adjudged
against the unsuccessful party, as in other civil cases. (RSMo 1939 §
10299)

Prior revisions: 1929 § 9170; 1919 § 7412; 1909 § 5469

The court, on motion, may order a new writ of ad quod damnum to
issue, for the purpose of having the damages assessed according to law.
(RSMo 1939 § 10300)

Prior revisions: 1929 § 9171; 1919 § 7413; 1909 § 5470

If no objections be filed to the proceedings under the writ or
to the verdict of the jury, and it shall appear to the court, upon a view
of the inquest, that the mansion house of any proprietor, or the
outhouse, curtilages or gardens thereto belonging, or orchard, will not
be overflowed, and that the health of the neighborhood will not be
materially affected by the stagnation of water consequent upon the
proposed erection, the court shall thereupon grant or refuse the
permission prayed for, according to its judgment of what would be most
reasonable and just under all circumstances. (RSMo 1939 § 10301)

Prior revisions: 1929 § 9172; 1919 § 7414; 1909 § 5471

When the party petitioning prays for an acre of land whereon to
abut his dam, the court shall include in its order, if the petition is
granted, a judgment vesting the title of such acre of land in the party
petitioning, his heirs and assigns forever. (RSMo 1939 § 10302)

Prior revisions: 1929 § 9173; 1919 § 7415; 1909 § 5472

The judgment and order authorized by sections 236.160 and
236.170, and the rights and privileges thereby granted, shall, in all
cases, be upon and subject to the conditions following:

(1) Such conditions in reference to the obstructions to the passage of
fish and ordinary navigation, as the court shall think proper to impose;

(2) That all damages and valuations assessed and made by the jury shall
be paid;

(3) That the dam and mills, electric power and light works, or other
machinery, shall be commenced within one year, and finished and ready for
business within three years from the date of the order of permission;

(4) That whenever the dam or mill, electric power and light works, or
other machinery, shall be destroyed or materially impaired, the same
shall be built or repaired within three years thereafter; but if the
owner of such dam or mill, electric power and light works, or other
machinery, shall be an infant, or of unsound mind, or imprisoned at the
time such dam or mill, electric power and light works, or other
machinery, shall be destroyed or materially impaired, then within three
years after such disability is removed. (RSMo 1939 § 10303, A. 1949 S.B.
1080)

Prior revisions: 1929 § 9174; 1919 § 7416; 1909 § 5473

CROSS REFERENCE: Dam owners to maintain fishways--fish hatchery in lieu
of fishway, RSMo 252.150

In case of noncompliance with any of the conditions concerning
the building, rebuilding or repairing, where the land of another shall
have been adjudged by the court for the purpose of an abutment, the same
shall revert to and revest in the original owner, his assigns or legal
representatives. (RSMo 1939 § 10304)

Prior revisions: 1929 § 9175; 1919 § 7417; 1909 § 5474

Any owner of any dam or mill, electric power and light works, or
other machinery, erected by virtue of this or any previous law, may
increase the altitude of his dam by permission of the court, under and by
the same proceedings, regulations and conditions herein provided. (RSMo
1939 § 10305)

Prior revisions: 1929 § 9176; 1919 § 7418; 1909 § 5475

The inquest of the jury, or the order and permission of the
court founded thereupon, shall not bar any prosecution or action for
injuries caused by the erections herein contemplated, except such as were
actually foreseen and estimated by the jury. (RSMo 1939 § 10306)

Prior revisions: 1929 § 9177; 1919 § 7419; 1909 § 5476

The circuit court of the proper county shall have power, upon
petition, to prevent the erection or raising of any dam, stoppage, or
obstruction across any stream which shall operate as a nuisance and be
injurious to any mill, electric power and light works, or other machinery
erected, or which shall dam up and render impure or unwholesome or
unhealthy the waters of said stream at any point where water is or may be
taken from said stream to supply the inhabitants of any city or town or
village in the state with water, or of any dam, the erection of which has
been authorized by the order of any competent tribunal, of a date earlier
than that permitting the erection and raising of such first mentioned
dam, stoppage or obstruction; and such court may, upon a final hearing of
such petition, order and adjudge that such dam, stoppage or obstruction
be abated by the sheriff of the proper county. (RSMo 1939 § 10308)

Prior revisions: 1929 § 9179; 1919 § 7421; 1909 § 5478

Every person who shall erect or maintain, or cause to be erected
or maintained, in or across any of the waters of this state, unless said
waters be wholly upon his own premises, any dam or other obstruction, no
matter for what purpose, and shall not place and maintain thereon an
apron or chute not less than fifteen feet wide, and sloping from each
side to the center, so that the center shall be at least six inches lower
than either edge, and having an inclination of not more than forty-five
degrees, and so situated that the main current of water, impeded in its
natural flow by the dam or other obstruction, shall pass over the same,
or who shall not so construct or arrange such dam or other obstruction
that it shall be lowest at the point where the apron or chute shall be
placed, and low enough for the free passage of fish over the same each
way, whenever the stream in which the same shall be situate shall be
swollen beyond its ordinary size, shall be guilty of a misdemeanor, and
shall be held to be guilty of a distinct offense each day he shall be in
default as aforesaid; and every dam or other obstruction erected or
maintained in violation of this section, shall be a public nuisance, and
may be abated as such. (RSMo 1939 § 10312)

Prior revisions: 1929 § 9183; 1919 § 7425; 1909 § 5482

All dams, stoppages and obstructions not made according to law
shall be deemed to be public nuisances, and may be dealt with as such.
(RSMo 1939 § 10309)

Prior revisions: 1929 § 9180; 1919 § 7422; 1909 § 5479

If any person or corporation, or his or its legal
representatives, to whom permission to erect a dam by virtue hereof shall
have been given, shall fail to build, rebuild or repair the same,
together with the mill, electric power and light works, or other
machinery connected therewith, according to the requirements of law or
the conditions of the permission, it shall be lawful for any person
owning the land on one side of the watercourse, at the point where such
dam is erected, or below, to build a dam and mill, electric power and
light works, or other machinery thereon, as if no such permission had
been given, without incurring any liability on account of backing the
water on such dam. (RSMo 1939 § 10310)

Prior revisions: 1929 § 9181; 1919 § 7423; 1909 § 5480

In any case where a dam has been erected for a period of thirty
years or more, and property above the dam within one mile of the point
where the dam is situated has been developed for use of the impounded
waters above the dam, the owner of the land on either side of the stream
at the point where the dam is located shall have the right and authority
to repair, maintain or reconstruct the dam, even though the dam is not
used for the operation of any mill, electric power and light works, or
other machinery. (L. 1953 p. 669)

If the improvement of the navigation of any stream shall be
undertaken by the state, or by any county, or other lawful authority
under the state, then the privilege of keeping any dam across such
stream, the right to construct which may be hereafter granted, shall
cease, if the same would prevent or obstruct the making of such
improvement; and it shall be the duty of the owner or owners of such dam,
either to remove it or to make such change in the same as will render the
navigation safe and convenient, according to the plan of such
improvement; said change or alteration in such dam shall be so
constructed as to be approved of by the proper officers or agents who
shall have the superintendence of the improvement of such stream. (RSMo
1939 § 10311)

Prior revisions: 1929 § 9182; 1919 § 7424; 1909 § 5481

Any person who shall build or heighten any dam, or any other
stoppage or obstruction on or across any watercourse, without first
obtaining permission from the court of the proper county, according to
law, and shall thereby work any injury to any other person, shall forfeit
to the party injured double damages for such injury, to be recovered by
civil action. (RSMo 1939 § 10307)

Prior revisions: 1929 § 9178; 1919 § 7420; 1909 § 5477

Any person or persons, firm or firms, corporation or
corporations, owning lands extending across the neck of any bend in any
of the rivers of this state where a tunnel through such bends would
create a waterfall to create electric power, that such owner or owners
shall have the right to tunnel through such bends in such neck, on his or
their or its own land or lands, and take up and divert and transmit and
use the waters of said river (leaving enough water in said river at the
point where said diversion shall be made to meet the wants of stock and
the families below such point of diversion), and use the waters so
diverted to create electric power for transmission and sale to the
public, and then return such waters to said river again, without the
consent of the riparian owners thereof owning shore lands on the inside
and outside of said bend, between the intake and output points of said
tunnel, by the use of the usual condemnation proceedings in the circuit
court of the county of this state in which said lands, or a part thereof,
are, or may be situated, to ascertain and establish the damage that will
accrue to such owner or owners of said riparian rights by reason of the
use and license aforesaid, and after this has been established and
decreed, and that the judgment so awarded shall be paid before diverting
and using said waters. (RSMo 1939 § 10313)

Prior revisions: 1929 § 9184; 1919 § 7426; 1909 § 5483

As used in sections 236.400 to 236.500, standards, rules and
regulations promulgated hereunder, unless the context otherwise requires
the following words and terms mean:

(1) "Agricultural dam", any dam constructed to impound water for use in
irrigation, livestock watering, or commercial fish rearing and sale;

(2) "Alterations", "repairs", or either of them, such alterations or
repairs as affect the safety of a dam or reservoir, or public safety,
life or property;

(3) "Chief engineer", the head of the dam and reservoir safety program of
the department of natural resources or his representative;

(4) "Construction permit", a written authorization issued by the council
giving the owner the right to construct, alter, enlarge, reduce, repair
or remove a dam or reservoir or appurtenances thereto, with such
conditions as are necessary to adequately protect the public safety,
life, property, the dam or reservoir;

(5) "Dam", any artificial or manmade barrier which does or may impound
water, and which impoundment has or may have a surface area of fifteen or
more acres of water at the water storage elevation, or which is
thirty-five feet or more in height from the natural bed of the stream or
watercourse measured at the downstream toe of the barrier or dam, if it
is not across a streambed or watercourse, together with appurtenant
works. Sections 236.400 to 236.500 shall not apply to any dam which is
not or will not be in excess of thirty-five feet in height or to any dam
or reservoir licensed and operated under the Federal Power Act;

(6) "Dam and reservoir safety council", as designated by sections 236.400
to 236.500 and referred to as the "council" shall consist of seven
members appointed by the governor according to the provisions of sections
236.400 to 236.500;

(7) "Director", the director of the department of natural resources of
the state of Missouri;

(8) "Enlargement", any change in or addition to an existing dam or
reservoir which raises the height of a dam, increases the watershed for a
reservoir, or raises the water storage elevation of the water impounded
by a dam or reservoir;

(9) "Experienced professional engineer", an engineer registered in the
state of Missouri and experienced in hydraulics, hydrology and civil
engineering as applied to dam design and construction;

(10) "Maintenance", the proper keeping of all aspects of a dam or
reservoir and appurtenances thereto, that pertain to safety, in a state
of repair and working order as necessary to comply with sections 236.400
to 236.500, any permit hereunder, and protect public safety, life and
property;

(11) "Natural physical changes", those changes not directly or indirectly
caused by man which affect the safety of the dam or reservoir;

(12) "Operation", the physical changes, natural or manmade that occur or
are made to a dam or reservoir, or operation of the mechanisms or
appurtenances of the dam or reservoir, which affect or may affect public
safety, life or property;

(13) "Owner", a person who owns, controls, operates, maintains, manages,
or proposes to construct a dam or reservoir including:

(a) The state and its departments, institutions, agencies, and political
subdivisions, but not the United States government;

(b) A municipal or quasi-municipal corporation;

(c) A district;

(d) A public utility;

(e) A natural person, firm, partnership, association, corporation,
political subdivision, or legal entity;

(f) The duly authorized agents, lessees, or trustees of any of the
foregoing;

(g) Receivers or trustees appointed by any court for any of the foregoing;

(14) "Permit", a construction, safety or registration permit;

(15) "Permit applicant", an owner who applies for a construction, safety
or registration permit;

(16) "Reduction", any decrease in the height of a dam, watershed size, or
water storage elevation of the water impounded by a dam or reservoir;

(17) "Registration permit", a permit issued for a period not to exceed
five years by the council to the owner of a dam or reservoir in existence
on September 28, 1979, or which becomes subject to the provisions of
sections 236.400 to 236.500 for such dams and reservoirs which are in a
properly maintained condition or which have made and complied with
recommendations for corrections of observed defects of the dam or
reservoir and have been* examined and approved in accordance with
sections 236.400 to 236.500 and standards, rules and regulations and
guidelines issued pursuant to sections 236.400 to 236.500;

(18) "Reservoir", any impoundment which results from a dam as defined in
sections 236.400 to 236.500;

(19) "Safety permit", a permit issued to the owner for a period of five
years, or less if safety considerations so require, by the council
indicating that the dam meets the requirements of sections 236.400 to
236.500 and the guidelines, standards, rules and regulations issued
pursuant to sections 236.400 to 236.500, and containing such conditions
as to operations, maintenance and repair as are necessary to adequately
protect public safety, life and the dam or reservoir;

(20) "Water", water, other liquid or tailings;

(21) "Water storage elevation", that elevation of water surface at the
principal spillway which could be obtained by the dam or reservoir were
there no outflow and were the reservoir full of water;

(22) "Watershed", the area, usually expressed in acres of square miles,
that contributes or may contribute surface water to a reservoir. (L. 1979
H.B. 603 § 1)

*Words "have been" not in original rolls.

1. There is hereby created a dam and reservoir safety program in
the department of natural resources. The council shall promulgate rules,
regulations, guidelines, and standards relating to the determination of
whether a dam or reservoir constitutes a danger to public safety, life or
property to be effective upon approval by the director.

2. The director of the department of natural resources shall employ an
experienced professional engineer as chief engineer and assistants to
administer the activities of the dam and reservoir safety program.

3. The chief engineer shall be selected under the state merit system on
the basis of professional experience directly related to the design and
construction of dams and reservoirs.

4. The findings, opinions, and orders of the council and the chief
engineer shall be kept as permanent public records in the offices of the
department of natural resources.

5. No rule or portion of a rule promulgated under the authority of
sections 236.400 to 236.500 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1979
H.B. 603 § 2, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. There is hereby created a "Dam and Reservoir Safety Council",
whose domicile for the purposes of sections 236.400 to 236.500 shall be
the department of natural resources of the state of Missouri, for the
regulation of dam and reservoir safety. The council shall consist of
seven members, no more than four of whom shall be members of the same
political party, appointed by the governor with the advice and consent of
the senate.

2. The members of the council shall have a background of academic
training or professional experience directly related to the design of
dams and reservoirs. At least two members of the council shall be
professional engineers registered in the state of Missouri, one of whom
shall represent the general public; at least one member shall be an
engineering geologist; at least one member, in addition to the
professional engineer, shall be a representative of the general public;
two members shall be from industry, one of whom shall be earthmoving
contractors; and one member shall be the owner of a dam or reservoir. The
members shall serve for a term of two years; except, of the first
appointments three shall be appointed for one year. The governor shall
fill any vacancy on the council and may remove any appointed member for
cause. The council shall annually elect a chairman and vice chairman from
among its members. The council shall meet regularly but not less than
quarterly. Special meetings and hearings may be called upon delivery of
written notice to each member of the council signed by the director, the
chief engineer, the council chairman or four of the council members. Four
members of the council shall constitute a quorum to transact the business
of the council. The council shall decide all questions by a majority vote
of those present and constituting a quorum. The members of this council
shall not receive any compensations other than for actual travel and
subsistence when acting officially as members of the council. (L. 1979
H.B. 603 § 3, A.L. 1992 H.B. 1634)

1. The council considering recommendations of the chief engineer
shall, subsequent to a public meeting, adopt, subject to the approval of
the director, the general technological guidelines and the standards,
guidelines, rules and regulations applicable to permits, the design,
construction, maintenance, operation, alteration, repair, enlargement,
reduction, removal or natural physical changes that may occur to a dam or
reservoir. Violations of guidelines, standards, rules and regulations are
violations of sections 236.400 to 236.500 permitting the revocation,
suspension, or refusal to issue any permit required by sections 236.400
to 236.500. No standards, guidelines, rules, or regulations shall be
adopted, or any amendment or repeal thereof shall be effective, except
after a public hearing to be held after thirty days' prior notice by
advertisement or press release, and publication as required in chapter
536, RSMo, of the date, time and place of the hearing and opportunity
given to the public to be heard.

2. At the hearing, opportunity to be heard by the council with respect to
the subject thereof shall be afforded any interested person upon written
request to the council, addressed to the chief engineer, received not
later than seven days prior to the hearing and may be afforded to other
persons if convenient. In addition, any interested person, whether or not
heard, may submit, within seven days subsequent to the hearings, a
written statement of his views. The council may solicit the views, in
writing, of persons who may be affected by, or interested in, proposed
rules and regulations, standards or guidelines. Any person heard or
represented at the hearing or making written request for notice shall be
given written notice of the action of the council with respect to the
subject thereof.

3. The council upon hearing the recommendations of the chief engineer and
reviewing the application for a construction or registration permit shall
approve or deny the permit application. The council may delegate
authority to approve or deny permit applications to the chief engineer,
whose actions shall be subject to appeal to the council as provided in
subsection 2 of section 236.425.

4. No standard, rule or regulation or guideline, or amendment or repeal
thereof, adopted by the council shall be in force and effect until it has
been approved in writing by the director and the requirements of chapter
536, RSMo, are satisfied. The affirmative vote of at least four members
of the council shall be required for adoption. (L. 1979 H.B. 603 § 4,
A.L. 1995 S.B. 3)

The council, with the advice and assistance of the chief
engineer, shall carry out a state program of inspection of dams and
reservoirs in accordance with regulations adopted by the council. All
dams and reservoirs in this state shall be inspected on a periodic basis
to determine if they constitute a threat to public safety, life or
property. The chief engineer shall submit reports to the director and the
council concerning the condition of each dam or reservoir inspected, and
recommendations as to any alterations or repairs needed. (L. 1979 H.B.
603 § 5)

1. The chief engineer shall administer the provisions of
sections 236.400 to 236.500 by:

(1) Recommending general technological guidelines that pertain to the
design, construction, maintenance, operation, use, alteration, repair,
enlargement, reduction, or natural physical changes of, or that may occur
to, a dam or reservoir including their removal; except that, detailed
technical specifications shall not be promulgated to regulate the design,
construction, operation, maintenance, use, alteration, repair or removal
of a dam or reservoir. Such guidelines shall not be effective until
adopted by the council and approved by the director at a public meeting,
after notice requirements set forth in subsection 1 of section 236.415
herein have been satisfied;

(2) Making* recommendations concerning the issuing, continuing in effect,
revoking, modifying, suspending, or denying, under such conditions as
prescribed by sections 236.400 to 236.500 and such rules as may be
adopted to protect public safety, life, property, dams and reservoirs,
construction permits for the construction, alteration, enlargement,
reduction, repair or removal of dams or appurtenances thereto, and safety
and registration permits to insure continuing protection of public
safety, life, property, dams and reservoirs, for all dams subject to the
provisions of sections 236.400 to 236.500;

(3) Making such investigations, including hearings, as are proper to
protect public safety, life and property from an unsafe dam or reservoir,
and to determine whether any permits should be issued, continued,
revoked, modified, suspended, or denied or whether any violations of
sections 236.400 to 236.500, standards, or rules or regulations have
occurred or are occurring;

(4) Entering, at any reasonable time, any private or public premises as
necessary to make an investigation or inspection of a dam or reservoir,
or records kept, pertaining thereto, and such inspection shall follow
reasonable notice to the owner given prior to such investigation or
inspection except in the case of an emergency threatening public safety,
life or property, in which case such inspection or investigation may be
made without prior notice. A suitably restricted search warrant, upon a
showing of probable cause in writing and upon oath, shall be issued by
any judge having jurisdiction, to the chief engineer or his
representative for the purpose of enabling him to make the inspection.

2. The council shall meet with or hear the appeal of a permit applicant
and his representative upon request of the permit applicant if the chief
engineer has rejected the application for a construction, safety or
registration permit. (L. 1979 H.B. 603 § 6)

*Words "To make" appear in original rolls.

The council shall retain, employ, provide for and compensate
within appropriations available therefor, such consultants, assistants,
and other employees on a full- or part-time basis as may be necessary to
carry out the provisions of sections 236.400 to 236.500 and prescribe the
times at which they shall be appointed and their powers and duties. (L.
1979 H.B. 603 § 7)

1. Prior to the commencement of the construction, alteration,
enlargement, reduction or removal of a dam or reservoir, the owner shall
apply to the council and upon satisfying the requirements of sections
236.400 to 236.500 and the rules, regulations and standards promulgated
pursuant hereto, obtain a construction permit.

2. The application for a construction permit shall bear the seal and
signature of an experienced professional engineer registered in Missouri
or employed by a qualified engineering division of a state or federal
agency regularly engaged in dam construction for soil and water
conservation, or irrigation or relating to wildlife conservation and
shall be accompanied by the design report and plans and specification of
the proposed design, alteration, enlargement, reduction, repair or
removal of the dam or reservoir.

3. Any person constructing or owning a dam or reservoir, or living or
owning property in an area affected, or whose safety may be affected by
such dam or reservoir may consult with the chief engineer concerning such
dam or reservoir.

4. The council upon hearing the recommendation of the chief engineer
shall approve or deny an application for a construction permit within
forty-five days after its receipt or the completion of any hearings in
connection with such application, whichever is later. The permit shall be
issued upon the receipt of the application if, in the judgment of the
council, requirements of sections 236.400 to 236.500 and all standards,
rules and regulations hereunder are satisfied and the design will be
adequate to protect the public safety, life and property.

5. The council upon hearing the recommendation of the chief engineer may
reject the application if it decides that there is insufficient
information to determine the safety of the proposed construction,
alteration, enlargement, reduction or removal of the dam or reservoir or
that the construction, alteration, enlargement, reduction or removal of
the dam or reservoir would endanger public safety, life or property, or
otherwise not comply with sections 236.400 to 236.500 and any rules,
standards, guidelines and regulations adopted hereunder.

6. A landowner who now owns or proposes to construct an agricultural dam
or reservoir which will be used primarily for agricultural purposes will
be exempt from all provisions of sections 236.400 to 236.500. If the
council with the advice of the chief engineer, determines that the dam or
reservoir is no longer used primarily for agricultural services, it shall
become subject to the provisions of sections 236.400 to 236.500.

7. Dams or their construction, alterations, enlargements, reductions or
removals designed by, and their construction, alteration, enlargement,
reduction or repair or removal monitored by, a qualified engineer
regularly engaged in dam construction for soil and water conservation or
irrigation or relating to wildlife conservation are for the purposes of
such construction or other listed actions exempt from the provisions of
this section except that the plans for the dam shall be filed with the
chief engineer prior to construction, or other listed action. Amended
plans shall be filed at the completion of construction or other listed
action if there have been significant deviations from the previously
filed plans. (L. 1979 H.B. 603 § 8)

1. The owner shall notify the council upon completion of
construction, alteration, enlargement, or reduction of the dam or
reservoir. This notification shall bear the seal and signature of an
experienced professional engineer and shall be accompanied by an
application for a safety permit. The owner of any dam or reservoir
subject to the provisions of sections 236.400 to 236.500 shall obtain a
safety permit following completion of construction.

2. Upon receipt of complete and proper application for a safety permit,
including notification of completion by the owner and certification by an
experienced professional engineer that the new construction, alteration,
enlargement or reduction has been completed in accordance with the
provisions of the construction permit and sections 236.400 to 236.500,
the council shall upon receipt of the application issue a safety permit.
The council upon advice of the chief engineer may deny the application if
it determines that violations of the construction permit or sections
236.400 to 236.500 exist. If revisions have been made which vary
substantially from the provisions of the construction permit, it must be
shown that the revisions do not endanger public safety, life or property.
The safety permit for dams constructed pursuant to a construction permit
issued under sections 236.400 to 236.500, may contain conditions the
council upon advice of the chief engineer determines are necessary for
the protection of public safety, life and property and a schedule and
timetable for the dam and reservoir to achieve compliance with the
construction permit and provisions of sections 236.400 to 236.500,
standards, rules and regulations promulgated hereunder, but such
conditions shall not be more stringent or restrictive than those
contained in the construction permit.

3. Owners of dams and reservoirs in existence on September 28, 1979,
shall obtain registration permits for dams of fifty to seventy feet in
height within four years, and for dams up to fifty feet in height within
six years of September 28, 1979, or as otherwise required by the
provisions of sections 236.400 to 236.500 and rules and regulations
adopted hereunder. A registration permit shall be issued by the council
upon the advice of the chief engineer for dams and reservoirs only after
it is determined that the dam meets the standards of sections 236.400 to
236.500 and rules and regulations hereunder, and any recommendations made
by the inspecting engineer pursuant thereto.

4. Upon complete and proper application for a registration permit, on
forms provided by the department of natural resources, by the owner of a
dam in existence upon September 28, 1979, including a certification by an
experienced professional engineer or an engineering division of a state
or federal agency regularly engaged in dam construction for soil or water
conservation, irrigation, or relating to wildlife conservation, that the
dam has been inspected in accordance with sections 236.400 to 236.500,
standards, rules and regulations and guidelines promulgated hereunder,
and that the owner has complied with the inspecting engineer's or
agency's recommendations necessary to correct observed defects of the dam
or reservoir, the council shall, upon receipt of the application, issue a
registration permit. The council upon hearing the recommendations of the
chief engineer may deny the application if it determines that the owner
has not complied with the inspecting engineer's or agency's
recommendations.

5. For dams for which construction was completed prior to the effective
date of the construction permit requirements hereunder, the registration
permit may contain conditions the council upon hearing recommendations of
the chief engineer determines to be necessary to bring the dam and
reservoir into compliance with sections 236.400 to 236.500 and standards,
rules and regulations promulgated hereunder.

6. If a dam or reservoir has been removed by the owner, the council shall
issue a final approval upon notification by the owner and receipt of
certification by an experienced professional engineer that the removal
has been carried out in accordance with the provisions of the
construction permit issued for such removal. Failure to obtain final
approval shall be a violation of sections 236.400 to 236.500.

7. The council shall issue safety permits for dams or their construction,
alterations, enlargements, reductions or removals designed by, and their
construction or other listed actions monitored by, a state or federal
agency engaged in dam construction for soil and water conservation,
irrigation or relating to wildlife conservation provided the owners
obtain from such agency and file with the chief engineer a statement upon
completion of the construction or other listed actions and at not greater
than five year intervals, and with every application for renewal of a
safety permit, that the dam conforms to the plans on file with the chief
engineer and is in a safe, properly maintained condition.

8. The owner shall apply for renewal of a safety or registration permit
not less than sixty days prior to expiration of the previously issued
permit. The chief engineer shall determine if the dam and reservoir are
essentially as described in the latest permit issued for that dam and
reservoir, whether they satisfy the requirements of sections 236.400 to
236.500 and any rules, regulations, standards and guidelines adopted
pursuant to sections 236.400 to 236.500 and whether any inspection
conducted in connection with the permit renewal reveals any defect in the
dam or reservoir which would threaten public safety, life or property.
Unless the chief engineer determines that the dam and reservoir are not
properly maintained, do not satisfy the requirements of the permit, act*
or rules, regulations, standards and guidelines promulgated hereunder, or
that defects revealed by the inspection are not corrected, the council
upon hearing the recommendations of the chief engineer shall issue or
renew the safety or registration permit upon forty-five days of the
receipt of a complete and proper application. The council may require the
owner to furnish a certification, as a part of an application to renew a
permit hereunder, by an experienced professional engineer or a qualified
engineering division of a state or federal agency regularly engaged in
dam construction for water conservation, irrigation or relating to
wildlife conservation that the dam is in a properly maintained condition
and that any recommendation for correction of defects which violate
sections 236.400 to 236.500, guidelines, rules, regulations and standards
hereunder or which threaten public safety, life or property have been
complied with and that the engineer detected no other such defects which
have not been corrected.

9. If a barrier or water impoundment becomes a dam or reservoir through
alteration or enlargement as defined herein, it shall be subject to the
provisions of sections 236.400 to 236.500.

10. Failure to obtain and comply with a permit as required in this
section is a violation of sections 236.400 to 236.500. (L. 1979 H.B. 603
§ 9)

*Word "act" apparently refers to "this act", now §§ 236.400 to 236.500.

1. If it is found that a dam or reservoir presents a threat to
public safety, life or property, or that the safety of the dam or
reservoir is threatened, the permit for the dam or reservoir shall be
suspended and shall be reinstated only when the owner at his expense has
completed the necessary alteration or has established such operational
procedures as the council upon hearing the recommendations of the chief
engineer deems necessary for protection of the public safety, life,
property, the dam or reservoir. If necessary for such protection, the
council may require the owner at his expense to remove the dam or
reservoir, or if the owner refuses or neglects to act, the state may
alter or remove the dam or reservoir, and the chief engineer may recover
the costs of such action as provided in section 236.450.

2. If the owner refuses to alter or remove a dam or reservoir as directed
when found to be a threat as set forth in sections 236.400 to 236.500, he
shall be in violation of sections 236.400 to 236.500 and the permit
requirements hereunder, and such action shall subject the owner to the
enforcement provisions contained herein and revocation of the permit. (L.
1979 H.B. 603 § 10)

An existing dam or reservoir which the chief engineer determines
to be abandoned and considered to be a threat to public safety, life, or
property may be altered, repaired, or removed upon such determination at
the expense of the state of Missouri, and the chief engineer may request
either the attorney general or a prosecuting attorney to bring an action
in the name of the people of the state of Missouri to recover such
expenses from the owner through appropriate legal processes. Such action
may be brought in any county where the defendant or defendant's principal
place of business is located or where the dam or reservoir is located.
(L. 1979 H.B. 603 § 11)

If it is determined at any time that the condition of a dam or
reservoir is an imminent and substantial threat, and so dangerous to
public safety, life or property as not to permit time for issuance of an
enforcement order to correct the hazard, the chief engineer may take any
appropriate action not prohibited by the constitution or laws of this
state he deems necessary for emergency protection of public safety, life
or property, and may request the attorney general or a prosecuting
attorney to take any legal steps necessary to accomplish such action and
to recover the cost of such measures from the owner by appropriate legal
action. (L. 1979 H.B. 603 § 12)

The owner shall notify the chief engineer upon the sale or other
transfer of interest in a dam or reservoir, either existing or under
construction, alteration or removal. The construction, safety or
registration permit shall be transferred to the successive owner upon
receipt of this notification and upon determination that such transfer
will not endanger public safety, life, property, the dam or reservoir.
(L. 1979 H.B. 603 § 13)

Irrespective of any other provisions of sections 236.400 to
236.500, the following provisions shall apply to the construction,
alteration or enlargement of tailing, slime and settling ponds and to
other similar industrial water retention structures included within the
definitions of dam or reservoir in section 236.400:

(1) Applications for construction, safety or registration permits shall
be submitted as provided in section 236.435 and section 236.440 except
that design plans and specifications which outline any anticipated
enlargement of the industrial water retention structure shall be included;

(2) It shall not be necessary to reapply for a permit each time the
structure is enlarged if the enlargement plans have been submitted in and
approved with the original application, and the provisions of subdivision
(3) of this section have been satisfied;

(3) Upon notification of the chief engineer, bearing the seal and
signature of an experienced professional engineer, that the initial phase
of construction has been completed in accordance with the provisions of
the construction permit and sections 236.400 to 236.500, or if a
registration permit has been issued as provided in subdivision (1) of
this section, and before any enlargement is begun, and if no violation of
sections 236.400 to 236.500 can be shown, a safety permit or a
registration permit with special provisions that authorize the planned
enlargement to the initially constructed structure shall be issued, on
application, if enlargement plans were included and approved in the
original application;

(4) It is not necessary to retain continuously a professional engineer
after the initial stage of construction;

(5) The dam shall be inspected by an experienced professional engineer
registered in the state of Missouri as required to renew the safety
permit or registration permit at five-year intervals unless safety of the
public, life and property require a shorter period of time;

(6) The chief engineer shall make inspections of these structures as
necessary to insure adequate protection for public safety, life and
property;

(7) Where it is shown that a tailings, slime and settling pond, or other
similar water retention structure is subject to inspection for safety,
using standards at least as stringent as those required under sections
236.400 to 236.500, by a federal or state agency and the owner notifies
the council that the structure is subject to such inspection, such
structures shall be exempt from the provisions of sections 236.400 to
236.500. (L. 1979 H.B. 603 § 14)

1. At any public hearing all testimony taken before the council,
or a hearing officer appointed by the council chairman, shall be under
oath and recorded stenographically. The transcript so recorded shall be
made available to any person upon payment of the usual charge therefor.

2. In any such hearing, any member of the council or the hearing officer
shall issue in the name of the council notice of hearing and subpoenas.
Subpoenas shall be issued and enforced as provided in section 536.077,
RSMo. The rules of discovery that apply in any civil case apply to
hearings held by the council.

3. All hearings to approve, amend or repeal guidelines, standards or
rules and regulations shall be held before at least four members of the
council.

4. All other hearings may be held before one council member designated by
the council chairman or a hearing officer who shall be a member of the
Missouri bar and appointed by the council chairman. The hearing officer
or council member shall preside at the hearing and hear all evidence and
rule on the admissibility of evidence. The hearing officer or council
member shall make recommended findings of fact and may make recommended
conclusions of law to the council.

5. All final orders or determinations or other final actions by the
council shall be approved in writing by at least four members of the
council. Any council member approving in writing any final order or*
determination or other final action, who did not attend the hearing,
shall do so only after reviewing all exhibits and reading the entire
transcript. (L. 1979 H.B. 603 § 15)

*Word "of" appears in original rolls.

In the absence of willful and wanton misconduct, no action shall
be brought against the council, the chief engineer or his agents, or
department employees or private individuals employed as consultants by
the department for the recovery of damages caused by the partial or total
failure of any dam or reservoir or through the use or operation of any
dam or reservoir upon the ground that such person is liable by virtue of
any of the following:

(1) The approval of a dam or reservoir or permits therefor;

(2) The issuance or enforcement of orders relating to maintenance,
operation or repair of a dam or reservoir;

(3) Control and regulation of a dam or reservoir;

(4) Measures taken to protect against failure during an emergency. (L.
1979 H.B. 603 § 16)

1. All final decisions, orders, actions or determinations made
pursuant to the provisions of sections 236.400 to 236.500 are subject to
judicial review pursuant to the provisions of chapter 536, RSMo. No
judicial review shall be available, however, until all administrative
remedies are exhausted.

2. In any suit filed pursuant to section 536.050, RSMo, concerning the
validity of the standards, rules, guidelines and regulations promulgated
hereunder, the court shall review the record made pursuant to their
adoption to determine the validity and reasonableness of such standards,
rules, guidelines and regulations and may hear such additional evidence
as it deems necessary. (L. 1979 H.B. 603 § 17)

The provisions of sections 236.400 to 236.500 do not grant or
diminish any right to that water entering, discharged from or impounded
by a dam or contained in a reservoir. (L. 1979 H.B. 603 § 18)

All duly constituted officers of the law of this state or any
political subdivision thereof shall aid in the enforcement of the
provisions of sections 236.400 to 236.500. (L. 1979 H.B. 603 § 19)

1. In carrying out the provisions of sections 236.400 to 236.500
and to the extent not inconsistent with chapter 491, RSMo, the chief
engineer or council may subpoena witnesses and compel their attendance,
and may also require the submission of books, papers, documents or other
pertinent data in any hearing or enforcement proceedings hereunder or in
any case wherein a violation of this chapter is alleged. Upon failure or
refusal to comply with such order or upon failure to honor a subpoena, as
herein provided, the council may request the attorney general or a
prosecuting attorney to apply to the circuit court having jurisdiction to
enforce compliance.

2. The council may request the attorney general or a prosecuting
attorney, in the name of the state, to institute a suit for injunctive
relief to stop or prevent violations of the provisions of sections
236.400 to 236.500, permits, standards, orders and rules and regulations
promulgated hereunder, which shall be violations of sections 236.400 to
236.500, or to restrain any violation thereof, or after written
notification of violation by the council, and a reasonable time to
correct such violation, for the assessment of a penalty of up to one
thousand dollars per day, for each day or part thereof the violation
continues to occur after such notice. Such action may be brought in any
county where the defendant's principal place of business is located,
where the dam or reservoir is located, or the violation does or may
occur. (L. 1979 H.B. 603 § 20)

1. Any person who willfully violates any of the provisions of
sections 236.400 to 236.500 is guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than five hundred
dollars nor more than ten thousand dollars, or by confinement in the
county jail for a term of not less than thirty days nor more than one
year, or by both such fine and confinement.

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 the council,
the chief engineer or his agents or employees from performing the duties
imposed by sections 236.400 to 236.500 and rules and regulations
promulgated hereunder or who willfully resists the council, the chief
engineer or his agents in the performance of the duties imposed on them
by sections 236.400 to 236.500 and rules and regulations promulgated
hereunder is guilty of a misdemeanor and, upon conviction, shall be
punished as provided in subsection 1 of this section.

4. Any owner who willfully engages in the construction, repair,
alteration or removal of any dam or reservoir without a construction
permit or in violation of a construction permit or willfully violates the
requirements of or for a safety or registration permit is guilty of a
misdemeanor and, upon conviction, shall be punished as provided in
subsection 1 of this section. (L. 1979 H.B. 603 § 21)

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