Title XVI, CONSERVATION, RESOURCES AND DEVELOPMENT

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 — Notwithstanding any provision of law to the contrary, no major water user shall convey water withdrawn or diverted from within the southeast Missouri regional water …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)

256.445. 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…

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

256.453. Definitions. — 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…

256.456. Geology work to be performed under supervision of registered geologist, when — reports, supervised by registered geologist — prohibited designations, when — penalty. — 1. Except as provided in section 256.471, no person, firm, or corporation shall engage in the practice …

256.459. Board of geologist registration created — members, qualifications, appointment — public members — terms — bond not required — attorney general to represent board — expenses, reimbursement, compensation, rules authorized. — 1. The "Board of Geologist Registration" is here…

256.462. Meetings of board — officers — rules — examinations, preparation of — certificates of registration, issuance of, code of professional conduct — suspension, revocation of certificate, when — specialty fields, board may recognize. — 1. The board shall meet within forty-fiv…

256.465. Fund, established — fees to be set by board, limit. — 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 re…

256.468. Application for certification, contents, requirements — examination required — geologist-registrant in-training, designation — board, powers and duties. — 1. An applicant for certification as a registered geologist shall complete and sign a personal data form, prescribed…

256.471. Exempt activities. — 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…

256.474. Failure to abide by requirements, board may reprimand. — 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 r…

256.477. Prohibited activities, penalties — board to revoke certificate, when. — 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 w…

256.480. Complaints, board shall investigate, procedures — board may issue order, powers — appeal of order or action of board. — 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 investigat…

256.483. Alteration of document prohibited, when, penalty — false evidence or testimony, penalty — action under expired certificate of registration, penalty. — 1. Any person, firm or corporation who alters or revises any document, map, or work signed or sealed by a registered geo…

256.600. Title of law. — 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)

256.603. Definitions. — 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 an…

256.605. Well installation board established — membership — terms — qualifications. — 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 o…

256.606. Rules and regulations — applicants' qualifications. — 1. The board shall adopt and amend rules and regulations pursuant to chapter 536 which may be reasonably necessary to govern the regulation of the well, the heat pump, monitoring well, and pump installation industry i…

256.607. Well installation contractor, permit — heat pump installation contractor, permit. — 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…

256.611. Application, qualifications. — 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 eigh…

256.613. Written examinations. — 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.…

256.614. Notice to division, when — forms — registration and certification, fee — encountering gas or oil. — 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…

256.615. Abandoned wells, plugging required — test holes, plugging — confidentiality of information — penalty. — 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…

256.616. Performance bond or letter of credit may be required — conditions. — 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 divi…

256.617. Drilling rigs, how marked — rig permits. — 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 s…

256.620. Certain wells exempted from regulation. — 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 …

256.621. Surface water tracing, registration required — renewal — documentation required. — 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 …

256.623. Fees — appeals process for disciplinary action. — 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…

256.626. Promulgation of rules and regulations — heat pump coolants, preference. — 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 opera…

256.628. Obligation to plug abandoned well, notification — information to be filed, form — inspection, injunction, penalty. — 1. A public water supplier subject to the provisions of chapter 640 which connects to any structure or location previously served by any well which is not…

256.630. Violations of the law, suspension, revocation — procedure, appeals. — 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 p…

256.633. Injunctions — attorney general to represent division. — 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 whe…

256.635. Audit of division — groundwater protection fund, purpose. — 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 se…

256.637. Violations of law, civil and criminal penalties. — 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 constit…

256.640. Rules, procedure. — 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. ­­-------- (L. 1985 S.B. 281 § 14, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

256.641. Definitions. — 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 rea…

256.643. Southeast Missouri regional water district, certain counties may be included — governed by commission. — 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 follo…

256.645. Counties to adopt plan to set boundaries of district — meeting of landowners — notice requirement. — 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 …