Effective - 28 Aug 2013
*236.410. Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report. — 1. There is hereby created a "Dam and Reservoir Safety Council", whose domicile for the purposes of sections 236.400 to 236.500 shall be the department of natural resources of the state of Missouri, for the regulation of dam and reservoir safety. The council shall consist of seven members, no more than four of whom shall be members of the same political party, appointed by the governor with the advice and consent of the senate.
2. The members of the council shall have a background of academic training or professional experience directly related to the design of dams and reservoirs. At least two members of the council shall be professional engineers registered in the state of Missouri, one of whom shall represent the general public; at least one member shall be an engineering geologist; at least one member, in addition to the professional engineer, shall be a representative of the general public; two members shall be from industry, one of whom shall be earthmoving contractors; and one member shall be the owner of a dam or reservoir. Of the seven members, three shall be from each of the three United States congressional districts in this state with the highest number of dams. The members shall serve for a term of two years; except, of the first appointments three shall be appointed for one year. The governor shall fill any vacancy on the council and may remove any appointed member for cause. The council shall annually elect a chairman and vice chairman from among its members. The council shall meet regularly but not less than quarterly. Special meetings and hearings may be called upon delivery of written notice to each member of the council signed by the director, the chief engineer, the council chairman or four of the council members. Four members of the council shall constitute a quorum to transact the business of the council. The council shall decide all questions by a majority vote of those present and constituting a quorum. The members of this council shall not receive any compensations other than for actual travel and subsistence when acting officially as members of the council. The council shall prepare and present an annual report to the general assembly by December thirty-first of each year.
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(L. 1979 H.B. 603 § 3, A.L. 1992 H.B. 1634, A.L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 236 - Dams, Mills and Electric Power
Section 236.010 - Dams across nonnavigable streams — who may erect.
Section 236.020 - Owner of land on one side of stream may erect dam.
Section 236.030 - Petition to be filed in circuit court — contents.
Section 236.040 - Additional information to be set out.
Section 236.050 - Petition, where filed.
Section 236.060 - Writ of ad quod damnum.
Section 236.070 - Duty of sheriff in executing writ.
Section 236.080 - Acre of ground to be set apart, when.
Section 236.090 - Proprietor to be notified of the inquest.
Section 236.100 - Sheriff and jury may act in adjoining county.
Section 236.110 - Inquest to be in writing.
Section 236.120 - Proceedings on return of inquest.
Section 236.130 - Issues to be tried as in civil cases.
Section 236.140 - Costs, how adjudged.
Section 236.150 - Court may order new writ.
Section 236.160 - Court may enter order to erect dam, when.
Section 236.170 - Court shall include in its order, what.
Section 236.180 - Privilege to erect subject to certain conditions.
Section 236.190 - Land decreed for mill privileges to revert, when.
Section 236.200 - Height of dam, how increased.
Section 236.210 - Inquest not to bar right of action, when.
Section 236.220 - Power of court to prevent erection of dam.
Section 236.230 - Dams without chutes declared nuisances.
Section 236.240 - Dams deemed public nuisances, when.
Section 236.250 - Forfeiture of rights, when.
Section 236.255 - Dam reconstructed and maintained when used for other purposes.
Section 236.260 - Privilege to construct dam to cease, when.
Section 236.270 - Penalty for building without permission.
Section 236.280 - Right to divert stream through tunnel — conditions.
Section 236.400 - Definitions.
Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.
Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.
Section 236.430 - Employees, council to provide for.
Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.
Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.
Section 236.455 - Emergency action authorized.
Section 236.460 - Transfer of ownership, notice required.
Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.
Section 236.475 - Immunity of officers.
Section 236.485 - Water rights preserved.
Section 236.490 - Enforcement of act.
Section 236.495 - Legal actions for enforcement available, procedure.