Missouri Revised Statutes
Chapter 256 - Geology, Water Resources and Geodetic Survey
Section 256.438 - Fund created, use of moneys--rulemaking authority.

Effective - 14 Oct 2016, 2 histories
*256.438. Fund created, use of moneys--rulemaking authority. — 1. There is hereby established in the state treasury a fund to be known as the "Multipurpose Water Resource Program Fund", which shall consist of all money deposited in such fund from whatever source, whether public or private. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and other moneys earned on such investments shall be credited to the fund. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.
2. The department of natural resources is hereby granted authority to establish rules by which project sponsors can remit contributions to the fund created under this section. Such contributions shall only be collected from water resource project sponsors who are awarded financial assistance from the fund for water resource projects, as described in sections 256.435 to 256.445. The contributions shall be used for the cost of administering the fund and the provision of financial assistance from the fund as described in sections 256.435 to 256.445.
3. Upon appropriation, the department of natural resources shall use money in the fund created by this section for the purposes of carrying out the provisions of sections 256.435 to 256.445, including, but not limited to, the provision of grants or other financial assistance, and, if such limitations or conditions are imposed, only upon such other limitations or conditions specified in the instrument that appropriates, grants, bequeaths, or otherwise authorizes the transmission of money to the fund.
4. The department of natural resources shall have the authority to promulgate rules to implement this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.
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(L. 2013 H.B. 28 merged with H.B. 650, A.L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717); *10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVI - Conservation, Resources and Development

Chapter 256 - Geology, Water Resources and Geodetic Survey

Section 256.010 - State geologist — appointment — duties.

Section 256.030 - Governor, state geologist — powers.

Section 256.040 - Oath of office — private consulting prohibited.

Section 256.050 - State geologist and assistants — duties.

Section 256.055 - Revolving fund for cash transactions involving the sale of Division of Geology and Land Survey items established.

Section 256.060 - Survey of water resources.

Section 256.070 - Maintenance of cabinet collection.

Section 256.080 - Duty of assistants.

Section 256.090 - Information released to press — confidential material released, when — use of collections by educational institutions.

Section 256.100 - Additional technical work — authorization.

Section 256.110 - Cooperation with federal agencies.

Section 256.112 - Mine map repository established in office of state geologist — contents to be maps of closed or abandoned underground mines.

Section 256.113 - Maps to be open for inspection in presence of authorized personnel — copies made with consent of owner, exceptions.

Section 256.115 - State geologist to acquire maps — owners or operators of underground mines closed permanently or temporarily to furnish true copies, when, contents.

Section 256.117 - Funding for operation of map repository from document services fund — money from sales of maps or products deposited in fund.

Section 256.120 - Geodetic surveyors may enter on lands.

Section 256.130 - Damages — hearings — procedure.

Section 256.140 - Costs, how adjusted.

Section 256.150 - Appeals.

Section 256.155 - Interstate earthquake emergency compact.

Section 256.170 - Definitions.

Section 256.173 - Cities and counties to be furnished geologic hazard assessment prepared by division of geology and land survey.

Section 256.175 - High seismic risk area data — duties of department.

Section 256.200 - Duties and powers of commission.

Section 256.230 - Bonds of members and employees.

Section 256.250 - Public agencies to cooperate with commission.

Section 256.260 - Reports of commission.

Section 256.280 - Definition.

Section 256.290 - Water development fund created, purposes — funds not to revert.

Section 256.300 - Commission may contract with federal agencies.

Section 256.310 - Duties of commission.

Section 256.320 - Basis of payment — debt to be lien on property, how collected.

Section 256.330 - Commission to report to legislature, contents.

Section 256.340 - Legislature may appropriate from fund, purposes.

Section 256.350 - Law not to affect existing contracts.

Section 256.360 - Commission to protect public interest in federal reservoirs.

Section 256.400 - Definitions.

Section 256.405 - Purpose to develop information for future water resource management — water usage law applicable to — exemptions.

Section 256.410 - Major water users withdrawing or diverting water required to file registration with division, content.

Section 256.415 - Nuisance, unregistered diversion of water by major water user — injunction — injunction dissolved, when.

Section 256.420 - Inspection by state geologist — court order if permission refused.

Section 256.425 - Division to compile information to determine water needs and usage of state — staff limitation.

Section 256.430 - Department may accept gifts, grants — law not to be construed to limit common law water rights.

Section 256.433 - Southeast Missouri regional water district, limitation on withdrawal or diversion by major water users.

Section 256.435 - Citation of law.

Section 256.437 - Definitions.

Section 256.438 - Fund created, use of moneys--rulemaking authority.

Section 256.440 - Multipurpose water resource program established, department to administer — state may participate in water resource project, when.

Section 256.443 - Plan, content — approval of plan by director — eligibility of projects to receive contributions, grants or bequests for construction or renovation costs, limitation.

Section 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.

Section 256.447 - Rulemaking authority.

Section 256.450 - Citation of law.

Section 256.453 - Definitions.

Section 256.456 - Geology work to be performed under supervision of registered geologist, when — reports, supervised by registered geologist — prohibited designations, when — penalty.

Section 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.

Section 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.

Section 256.465 - Fund, established — fees to be set by board, limit.

Section 256.468 - Application for certification, contents, requirements — examination required — geologist-registrant in-training, designation — board, powers and duties.

Section 256.471 - Exempt activities.

Section 256.474 - Failure to abide by requirements, board may reprimand.

Section 256.477 - Prohibited activities, penalties — board to revoke certificate, when.

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

Section 256.483 - Alteration of document prohibited, when, penalty — false evidence or testimony, penalty — action under expired certificate of registration, penalty.

Section 256.600 - Title of law.

Section 256.603 - Definitions.

Section 256.605 - Well installation board established — membership — terms — qualifications.

Section 256.606 - Rules and regulations — applicants' qualifications.

Section 256.607 - Well installation contractor, permit — heat pump installation contractor, permit.

Section 256.611 - Application, qualifications.

Section 256.613 - Written examinations.

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

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

Section 256.616 - Performance bond or letter of credit may be required — conditions.

Section 256.617 - Drilling rigs, how marked — rig permits.

Section 256.620 - Certain wells exempted from regulation.

Section 256.621 - Surface water tracing, registration required — renewal — documentation required.

Section 256.623 - Fees — appeals process for disciplinary action.

Section 256.626 - Promulgation of rules and regulations — heat pump coolants, preference.

Section 256.628 - Obligation to plug abandoned well, notification — information to be filed, form — inspection, injunction, penalty.

Section 256.630 - Violations of the law, suspension, revocation — procedure, appeals.

Section 256.633 - Injunctions — attorney general to represent division.

Section 256.635 - Audit of division — groundwater protection fund, purpose.

Section 256.637 - Violations of law, civil and criminal penalties.

Section 256.640 - Rules, procedure.

Section 256.641 - Definitions.

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

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

Section 256.647 - Qualified voters to elect chairman and secretary — vote to become part of district and to select one commissioner, elections procedure.

Section 256.649 - Counties not joining may subsequently join, procedure — commissioners' qualifications.

Section 256.651 - Meeting of commission, location — terms of office, how determined — vacancies — per diem — oath.

Section 256.653 - President and secretary to be elected, qualifications, terms — commission's powers and duties.

Section 256.655 - Fees may be established for persons owning irrigation wells — qualification, limitation — to raise fee must submit to voters.

Section 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.

Section 256.660 - Disincorporation of district, procedure.

Section 256.670 - Definitions — geographical information system, public access — community creation of system — fee — licensing of system, factors — construction of law — liability shield.

Section 256.700 - Surface mining, fee — director to require fee, when — amount of fee — expiration date — rulemaking authority.

Section 256.705 - Fund created, use of moneys.

Section 256.710 - Industrial minerals advisory council created, members, duties, terms, vacancies.