IRRIGATION LAWS IN MISSOURI

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IRRIGATION LAWS IN MISSOURI

• Jim Vandike
• Missouri Department of Natural Resources
• Geological Survey and Resource Assessment Division

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What Laws and Regulations???
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Revised Statutes of Missouri contain21 sections
in various statutes thatmention the Word
"Irrigation"
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Mostly exemptionsand exclusions
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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

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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

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CHAPTER 92 - Taxation in St. Louis, Kansas City
and Certain Other Cities
Exempts city taxes on irrigation systems
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CHAPTER 137 - Assessment and Levy or Property
Taxes
Requires irrigation equipment to be considered
taxable property
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CHAPTER 236 - Dams, Mills, Electrical Power

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

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CHAPTER 278 - Soil Conservation

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

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CHAPTER 319 - General Safety Requirements

• Specifies irrigation lines to be flagged with
  purple flagging.

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CHAPTER 429 - Statutory Lien AgainstReal Estate

• Allows mechanic and materialmen liens on
  irrigation equipment

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CHAPTER 444 - Rights and Duties of Miners and
Mine Owners

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

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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.

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CHAPTER 644 - Water Pollution

• Excludes irrigation connections to water supplies
  from paying a tap fee

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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.

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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.

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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.

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• 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.

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Most of the statutes have little or no effect on
agricultural irrigation
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Missouri Water Law - Statutory Law versus
Adjudicated Law
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Adjudicated law is based on court decisions, not
statutes
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Missouri - A Riparian Rights State

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

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In Missouri, the courts have groundwater divided
into two types Percolating water and
underground streams.
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Landowners do not own the water. They have the
right to make a reasonable use of the water for
beneficial purposes.
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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.
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Conclusions...