Title XVI — CONSERVATION, RESOURCES AND DEVELOPMENT

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 …

256.647. Qualified voters to elect chairman and secretary — vote to become part of district and to select one commissioner, elections procedure. — 1. The qualified voters in each county shall organize by electing a chairman and secretary of the meeting, who shall conduct election…

256.649. Counties not joining may subsequently join, procedure — commissioners' qualifications. — Counties listed in section 256.643 which do not join the district pursuant to the provisions of sections 256.645 and 256.647 may subsequently join the district if the governing body …

256.651. Meeting of commission, location — terms of office, how determined — vacancies — per diem — oath. — 1. The commission shall meet in the county containing the largest proportion of the area of the district within three weeks of the initial appointment of commissioners from…

256.653. President and secretary to be elected, qualifications, terms — commission's powers and duties. — 1. The commission members shall, at their first meeting, choose one of their number president of the commission, and elect some suitable person secretary, who shall serve unt…

256.655. Fees may be established for persons owning irrigation wells — qualification, limitation — to raise fee must submit to voters. — 1. The commission may establish annual fees to be paid by persons owning irrigation wells which measure six inches in diameter or greater. Such…

256.657. Secretary of commission to serve as treasurer — salary, expenses, staff and equipment — bond requirement — deposit of funds — duties — annual audit — report — warrants, form. — 1. The secretary of the commission shall hold the office of treasurer of such district and he …

256.660. Disincorporation of district, procedure. — 1. Disincorporation of the district may be accomplished by a vote therefor on the submission of the question to the qualified voters of the district. The submission is initiated as follows: (1) When the commission determines the…

256.670. Definitions — geographical information system, public access — community creation of system — fee — licensing of system, factors — construction of law — liability shield. — 1. As used in this section, the following terms mean: (1) "Community", any municipality as defined…

256.700. Surface mining, fee — director to require fee, when — amount of fee — expiration date — rulemaking authority. — 1. Any operator desiring to engage in surface mining who applies for a permit under section 444.772 shall, in addition to all other fees authorized under such …

256.705. Fund created, use of moneys. — 1. All sums received through the payment of fees under section 256.700 shall be placed in the state treasury and credited to the "Geologic Resources Fund" which is hereby created. 2. After appropriation by the general assembly, the money in…

256.710. Industrial minerals advisory council created, members, duties, terms, vacancies. — 1. There is hereby created an advisory council to the state geologist known as the "Industrial Minerals Advisory Council". The council shall be composed of nine members as follows: (1) The…

256.800. Citation of law — definitions — flood resiliency improvement fund established, use of moneys — program established, requirements — rulemaking authority. — 1. This section shall be known and may be cited as the "Flood Resiliency Act". 2. As used in this section, unless th…

257.020. Definitions. — Unless the context requires otherwise, as used in this chapter the following terms mean: (1) "Court", the circuit court wherein the petition for the organization of the district was filed and granted; (2) "Person", person, firm, copartnership, association …

257.030. Organization — proceedings in circuit court — disqualification of judge. — 1. Jurisdiction over proceedings for the organization of a river basin conservancy district lies with the circuit court of the county in which more of the lands of the proposed district are situat…

257.040. Petition for organization, number of signers, contents — consolidation of petitions. — 1. To initiate proceedings for establishing a river basin conservancy district, a petition shall be filed in the office of the clerk of the court, the petitioners to be residents, and …

257.050. Bond for expenses. — At the time of filing the petition, or at any time subsequent thereto and prior to the time of publication of notice of the hearing thereon, a bond shall be filed, with security approved by the court, sufficient to pay the expenses connected with the…

257.060. Secondary or tributary drainage area, recommendation of state agency. — When the petition proposes the organization of a district for a river basin which is a secondary drainage basin, a tributary drainage area, or an unnamed drainage area, the court shall proceed as fol…

257.070. Survey of district made, when — notice, objections, disposition — order of court, appeal. — 1. If the court finds the petition worthy it shall appoint a surveyor to determine the boundaries of the river basin and such other related boundaries that the court deems necessa…

257.080. Election district commission, creation, how composed — functions — expenses paid, how. — 1. Upon entering the order organizing the district, the court shall establish an election district commission composed of the county clerks of the several counties or parts thereof i…

257.090. Court to call election — contents of call. — 1. Upon designation of the election districts the court shall call for the referendum and board election accordingly. 2. The call for the referendum and first board election shall specify also at least the following: (1) The p…

257.100. Form of ballot. — The question shall be submitted in substantially the following form: Shall a ______ Conservancy District be established? ­­-------- (L. 1959 S.B. 199 § 10, A.L. 1978 H.B. 971)

257.110. Vote required to approve district. — A majority vote of those voting in the referendum shall constitute approval of establishment of the district. ­­-------- (L. 1959 S.B. 199 § 11, A.L. 1978 H.B. 971)

257.120. Costs, how paid and taxed, counties reimbursed, when. — Upon a vote approving the establishment of the district, the court shall order payment of the official costs of the proceedings, including the costs of election. The costs shall be paid out of the contingent funds o…

[Repealed or reserved.]

257.140. Order establishing district not subject to collateral attack, when — contest of vote authorized. — Whenever an order is entered establishing the district, the order shall finally and conclusively establish the regular organization and establishment of the district agains…

257.150. Copies of decree recorded, where, sent to agency designated by governor. — Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall take the following action: (1) Transmit to the secretary of state copies of the fin…

257.160. Regular elections of trustees, when held — number of trustees, how selected, terms, qualifications, vacancies filled, how — removal. — 1. The time for election of trustees of the board of the conservancy district shall be on primary election days, except as provided here…

257.170. Election of trustees, procedure. — 1. Candidates for election to the board of trustees shall file their declarations of candidacy with the secretary of the board of trustees or in the case of the first election, the filing shall be in like manner with the secretary of th…

257.180. Oath of trustees — organization — seal, records, meetings, quorum. — 1. Each trustee, before entering upon his official duties, shall take and subscribe to an oath before a suitable officer that he will honestly, faithfully and impartially perform the duties of his offic…

257.190. Secretary, duties — chief engineer and employees, duties, compensation — bonds — compensation of trustees — audits. — 1. The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board in such particulars as it may…

257.200. Powers of board, limits. — 1. In order to accomplish the purposes of the conservancy district, the board of trustees may: (1) Sue and be sued by its corporate name. (2) Clean out, straighten, widen, alter, deepen or change the course or terminus of any ditch, drain, sewe…

257.210. Board and agents may enter lands for surveys — interference, penalty. — The board of trustees of a district, or their employees or agents, including contractors and their employees, may enter upon lands or premises within or without the district in order to make surveys …

257.220. Condemnation of land by board. — The board may condemn for the use of the district, any land or property within the district not previously acquired or condemned by order or judgment of the court, according to the procedure provided by law for the appropriation of land o…

257.230. Cemetery lands, procedure on taking or damaging. — Whenever it is necessary for the purposes of a district to take or damage any cemetery, the district shall appraise the cost of such taking or easement in the same manner as appraisals are made for other property. The bo…

257.240. Board to make regulations, violation, misdemeanor, enforcement by civil process. — 1. In order to secure the best results from the execution and operation of the plans and facilities of the district, the board of trustees, after due publication and public hearings, and s…