SECOND REGULAR SESSION
HOUSE BILL NO. 2168
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KINGERY (Sponsor), WRIGHT, BRANDOM AND SWINGER (Co-sponsors).
5067L.01I D. ADAM CRUMBLISS, Chief Clerk
To repeal section 256.400, RSMo, and to enact in lieu thereof two new sections relating to major water users.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 256.400, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 256.400 and 256.433, to read as follows:
256.400. As used in sections 71.287, RSMo, and 256.400 to [256.430] 256.433, 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.
256.433. No withdrawal or diversion of water by a major water user shall unduly interfere with the reasonable and customary irrigation activities of a farming operation that has registered under section 256.410 as a major water user within the Southeast Missouri Regional Water District created under 256.643. If such a withdrawal or diversion occurs, the attorney general or the party or parties affected may file an action for an injunction, however, in no case shall an injunction be issued if the injunction would be detrimental to public health or safety.