IRRIGATION LAWS IN MISSOURI

Jim Vandike

Missouri Department of Natural Resources

Geological Survey and Resource Assessment Division

What Laws and Regulations???

Revised Statutes of Missouri contain21 sections in various statutes thatmention the Word "Irrigation"

Mostly exemptionsand exclusions

CHAPTER 49 - County Commissions and County Buildings

Pertains to the National Flood Insurance Program. Statute excludes shallow impoundments used for rice farming and flood irrigation from regulation under RSMO 49.600

CHAPTER 64 - County Planning, Zoning, Recreation, Natural Streams and Waterways

Excludes shallow impoundments used for rice farming and flood from regulation under RSMo 64.090

CHAPTER 92 - Taxation in St. Louis, Kansas City and Certain Other Cities

Exempts city taxes on irrigation systems

CHAPTER 137 - Assessment and Levy or Property Taxes

Requires irrigation equipment to be considered taxable property

CHAPTER 236 - Dams, Mills, Electrical Power

Dam and Reservoir Safety Act. Exempts agricultural dams from regulation under RSMo 236.400 - RSMo 236.50

CHAPTER 278 - Soil Conservation

Allows formation of subdistricts within soil and water conservation districts, includes irrigation development as one reason for forming subdistricts.

CHAPTER 319 - General Safety Requirements

Specifies irrigation lines to be flagged with purple flagging.

CHAPTER 429 - Statutory Lien AgainstReal Estate

Allows mechanic and materialmen liens on irrigation equipment

CHAPTER 444 - Rights and Duties of Miners and Mine Owners

The word “irrigation” is used, but statute does not apply to agricultural irrigation.

CHAPTER 578 - Miscellaneous Offences

578.200 - Cave Resources Act. Prohibits the disposal of materials into a sinkhole that could violate any provision of Missouri Clean Water Law. It does not apply to several types of water disposal including irrigation return flow.

CHAPTER 644 - Water Pollution

Excludes irrigation connections to water supplies from paying a tap fee

CHAPTER 256 - Geology, Water Resources and Geodetic Survey

256.400 Major Water Users Act. Does not specifically mention irrigation but requires major water users to register and report their yearly water use. A major water user is anyone with a water source and equipment capable of producing 100,000 gallons of water per day.

CHAPTER 256 - Geology, Water Resources and Geodetic Survey

256.600 Water Well Driller Act. Does not specifically mention irrigation wells. Rules pursuant to this law regulate the construction of all private wells including irrigation wells.

CHAPTER 256 - Geology, Water Resources and Geodetic Survey

256.641-256.600 Established the Southeast Missouri Regional Water District

Defined Irrigation Well - Any well which is used for the primary purpose of providing water for the irrigation of crops.

Established a commission which shall monitor the quality and quantity of groundwater and surface water in the district.

The commission shall require all water users in the district with irrigation wells 6-inches or larger in diameter to report the number, location, and annual water usage of the wells. The commission may establish annual fees to be paid by irrigation well owners not to exceed five dollars per well unless a higher fee is approved by qualified voters, and then not to exceed twenty-five dollars per well.

Most of the statutes have little or no effect on agricultural irrigation

Missouri Water Law - Statutory Law versus Adjudicated Law

Adjudicated law is based on court decisions, not statutes

Missouri - A Riparian Rights State

Landowners have the right to make reasonable use of the waters upon, adjacent to, and beneath their property.

In Missouri, the courts have groundwater divided into two types: Percolating water and underground streams.

Landowners do not own the water. They have the right to make a reasonable use of the water for beneficial purposes.

Irrigation is considered a beneficial use, but only a court can determine what is a reasonable use.

Water disputes are typically settled in circuit court by law suit.

Conclusions...