Title XVI — CONSERVATION, RESOURCES AND DEVELOPMENT

*256.010. State geologist — appointment — duties. — 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 s…

*256.030. Governor, state geologist — powers. — 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 managemen…

256.040. Oath of office — private consulting prohibited. — 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 o…

256.050. State geologist and assistants — duties. — 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 thorou…

256.055. Revolving fund for cash transactions involving the sale of Division of Geology and Land Survey items established. — Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to the director of…

256.060. Survey of water resources. — 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 su…

256.070. Maintenance of cabinet collection. — 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 for…

256.080. Duty of assistants. — 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 …

256.090. Information released to press — confidential material released, when — use of collections by educational institutions. — 1. To expedite the release of general information or new discoveries, the state geologist may furnish such items to the press and radio. The unpublish…

256.100. Additional technical work — authorization. — 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 suppli…

256.110. Cooperation with federal agencies. — 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 ag…

256.112. Mine map repository established in office of state geologist — contents to be maps of closed or abandoned underground mines. — For the purpose of public safety and the protection of property, the state geologist appointed pursuant to section 256.010 shall establish and m…

256.113. Maps to be open for inspection in presence of authorized personnel — copies made with consent of owner, exceptions. — 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 re…

256.115. State geologist to acquire maps — owners or operators of underground mines closed permanently or temporarily to furnish true copies, when, contents. — 1. The office of the state geologist shall acquire copies of those underground mine maps that exist in museums and other…

*256.117. Funding for operation of map repository from document services fund — money from sales of maps or products deposited in fund. — 1. Funds from department of natural resources revolving services fund created in section 640.065 may be used to purchase, acquire and copy map…

256.120. Geodetic surveyors may enter on lands. — 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…

256.130. Damages — hearings — procedure. — 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 so…

256.140. Costs, how adjusted. — 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…

256.150. Appeals. — 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 st…

256.155. Interstate earthquake emergency compact. — 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 …

256.170. Definitions. — 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)…

256.173. Cities and counties to be furnished geologic hazard assessment prepared by division of geology and land survey. — 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, …

256.175. High seismic risk area data — duties of department. — 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 requ…

*256.200. Duties and powers of commission. — 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 da…

256.230. Bonds of members and employees. — 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 c…

256.250. Public agencies to cooperate with commission. — 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 enab…

256.260. Reports of commission. — 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 …

256.280. Definition. — 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)

256.290. Water development fund created, purposes — funds not to revert. — 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…

256.300. Commission may contract with federal agencies. — 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 …

256.310. Duties of commission. — 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, …

256.320. Basis of payment — debt to be lien on property, how collected. — 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 b…

256.330. Commission to report to legislature, contents. — 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…

256.340. Legislature may appropriate from fund, purposes. — 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 in…

256.350. Law not to affect existing contracts. — 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. …

256.360. Commission to protect public interest in federal reservoirs. — 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 wate…

256.400. Definitions. — As used in sections 71.287 and 256.400 to 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) "Di…

256.405. Purpose to develop information for future water resource management — water usage law applicable to — exemptions. — The purpose of sections 71.287 and 256.400 to 256.430 is to insure the development of information required for the analysis of certain future water resourc…

256.410. Major water users withdrawing or diverting water required to file registration with division, content. — 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 docum…

256.415. Nuisance, unregistered diversion of water by major water user — injunction — injunction dissolved, when. — 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…

256.420. Inspection by state geologist — court order if permission refused. — 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…

256.425. Division to compile information to determine water needs and usage of state — staff limitation. — 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 th…

256.430. Department may accept gifts, grants — law not to be construed to limit common law water rights. — 1. The department may accept gifts, contributions, donations and grants, and use the same for any purpose within the scope of sections 71.287 and 256.400 to 256.430; provide…

256.433. Southeast Missouri regional water district, limitation on withdrawal or diversion by major water users. — Notwithstanding any provision of law to the contrary, no major water user shall convey water withdrawn or diverted from within the southeast Missouri regional water …

256.435. Citation of law. — 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)

*256.437. Definitions. — 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 rep…

*256.438. Fund created, use of moneys--rulemaking authority. — 1. There is hereby established in the state treasury a fund to be known as the "Multipurpose Water Resource Program Fund", which shall consist of all money deposited in such fund from whatever source, whether public o…

*256.440. Multipurpose water resource program established, department to administer — state may participate in water resource project, when. — In order to ensure adequate, long-term, reliable public water supply, treatment, and transmission facilities, there is hereby established…

*256.443. Plan, content — approval of plan by director — eligibility of projects to receive contributions, grants or bequests for construction or renovation costs, limitation. — 1. The plan shall include a description of the project, the need for the project, land use and treatme…

256.445. Political subdivision, with sponsor's plan approved, submit to voters ballot to incur debt, issue bonds, levy and collect taxes — bonds, procedure to issue — rate of tax — how calculated — collection. — 1. Any political subdivision which contains a sponsor which has subm…