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 contain
21 sections in various statutes that
mention the Word "Irrigation"
Mostly exemptions
and 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 Against
Real 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...