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Show 438 Missouri Missouri has never recognized or adopted the appropriation doc- trine in the allocation of water, and there is no statutory regulation governing the acquisition, administration, or distribution of water. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights A. STATE REGULATION OF WATER RIGHTS The definition and administration of individual rights to the use of water from a watercourse in Missouri has been a matter of judicial decision, with the courts applying the principles of the riparian water right doctrine. There is no statutory procedure for the acqui- sition of water rights, nor has any State agency been delegated the responsibility of water administration to aid in the distribution of the water supply to those having vested rights. B. WATER PROJECT PLANNING AND CONSTRUCTION The 1961 Missouri Legislature made an initial Step toward water resource planning. A water resources board was created, although its powers and duties are quite limited.4 The Board is directed to develop a plan for a long-range, comprehensive statewide program for the conservation, development, management, and use of Ithe water resources of the State. To accomplish this, the board may make surveys, investigations, and recommendations concerning the water resources of the State, in view of the social and economic needs of the State, and may cooperate with the United States or any other state agency to accomplish these purposes.5 In order to identify water use problems, users withdrawing in excess of 25,000 gallons per day for any 30-day period shall report their use When required by the board.6 A water development fund has been created and is administered by the board. The money from this fund may be used to purchase munic- ipal and industrial water supply storage in Federal public works projects. The Board may sell or lease the water acquired from storage to special-benefit users at costs designed to return the State's invest- ment to the Water Development Fund. The board is to report its management of the fund to each session of the legislature. Based on these reports, the legislature may ap- propriate money from the fund to the board for specified participa- tion in future municipal and industrial water supply projects.7 The board is authorized to act in behalf of the State, to the extent required by Federal programs, to -protect public interests in water use and management associated with Federal reservoirs. And the board may, after public hearing and approval of the Governor, initiate legal actions to protect the public interest.8 * Missouri Rev. Stat., sees. 256.180, 256.190. 5 Missouri Rev. Stat., sees. 256.200 to 256.260. 6 Missouri Rev. Stat., sec. 256.370. 7 Missouri Rev. Stat, sees. 256.280 to 256.350. 8 Missouri Rev. Stat., see. 256.360. |
