FIRST REGULAR SESSION

House Concurrent Resolution No. 17

95TH GENERAL ASSEMBLY

1166L.01I

      Whereas, the State of Missouri contains 553 miles of the Missouri River, which borders 23 Missouri counties and over 50 Missouri communities, making it one of Missouri's greatest natural resources; and

 

            Whereas, the Missouri General Assembly supports this natural resource as a vital link in the State of Missouri's total transportation system and desires to maximize this valuable asset in order to move freight and to support Missouri's economy; and

 

            Whereas, barge transport allows for significant economic benefits and cost savings, since one barge can transport the same amount of freight as 15 rail cars or 60 trucks; and

 

            Whereas, river transportation is the most environmentally friendly form of transporting goods and commodities, creating virtually no noise pollution and emitting 35 to 60 percent fewer pollutants than either trucks or trains; and

 

            Whereas, barges are also the most fuel efficient method of freight transport. Barges can move one ton of cargo 576 miles per gallon of fuel compared to 423 miles per gallon of fuel for rail and only 155 miles per gallon of fuel for trucks; and

 

            Whereas, the Missouri General Assembly recognizes that the State of Missouri is investing more of its resources to develop and improve public ports in the state, including those on the Missouri River; and

 

            Whereas, the Flood Control Act of 1944, as amended, expresses the United States Congress' intent to support inland waterway navigation and provide flood control on our nation's rivers; and

 

            Whereas, the June 4, 2003, August 16, 2005, and February 8, 2008, decisions of the United States Court of Appeals of the Eighth Circuit held that navigation and flood control are the two dominant functions of the Flood Control Act of 1944; and

 

            Whereas, navigation on the Missouri River is operated in accordance with the updated Missouri River Master Water Control Manual, which contains the management plan for the River and was adopted by the United States Army Corps of Engineers in 2004; and

 

            Whereas, the Missouri General Assembly recognizes that the United States Army Corps of Engineers utilized extensive public processes to complete the 2004 Missouri River Master Water Control Manual and worked to balance the needs and desires of many competing stakeholder groups in establishing the Manual's navigation guidelines; and

 

            Whereas, the 2004 Manual was finalized after 15 years of debate and litigation and after the expenditure of over $35 million in federal funds; and

 

            Whereas, the 2004 Manual reduced the length of the navigation season, shifting a large amount of water away from navigation and other downstream uses of the Missouri River to benefit upstream uses, such as reservoir recreation; and

 

            Whereas, the upstream states have requested that the United States Army Corps of Engineers conduct a study to reexamine the authorized purposes of the Missouri River reservoir system as outlined in the 1944 Flood Control Act; and

 

            Whereas, the study requested by the upstream states would be the first of its kind, because it would scrutinize the authorized purposes of the Missouri River reservoir system rather than studying the current Missouri River Master Water Control Manual, thereby undermining the Manual's management plan for the Missouri River; and

 

            Whereas, in requesting this study, the upstream states are seeking an additional shift in water to upstream states, despite congressional authorization of downstream uses of Missouri River water, including navigation; and

 

            Whereas, increasing Missouri River water in upstream states will have a significant, negative impact upon Missouri and other downstream states by impacting navigation, power generation, flood control, and drinking water availability; and

 

            Whereas, eighteen power plants, which have the capacity to generate over 11,000 megawatts of electricity, draw cooling water from the lower Missouri river basin, and the viability of those power plants would be jeopardized if the authorized purposes of the Missouri River reservoir system were changed; and

 

            Whereas, the State of Missouri has constructed infrastructure to support water supply and power generation in the lower Missouri River basin with the understanding that reliable navigation flows would be maintained in the future, and this study would threaten the reliability of those navigation flows; and

 

            Whereas, the Missouri General Assembly believes that all of the congressionally authorized uses of the Missouri River should be promoted, not just those uses benefiting the upstream states:

 

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress to deny any request that would authorize a study of the Missouri River's congressionally authorized purposes; and

 

            Be it further resolved that the Missouri General Assembly urges Missouri's Congressional delegation to actively oppose the authorization and funding of the Missouri River study proposed by the upstream states; and

 

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the United States Army Corps of Engineers and each member of the Missouri Congressional delegation.