West of Mpls MN about 50 miles on Hwy 12 | I assume that the farm in question was not irrigated in the past because there was no access to the creek water? Is a permit of some kind required by the State of MO to suck more than XXXXX number of gallons out of a creek or well to irrigate?
20 years is a long time...what if the farmer who owns the access to the creek wants to be a "major water user" someday?
Reads to me like the new tenant has done everything wrong.
https://extension.missouri.edu/publications/g1696
Missouri water laws
Missouri is a riparian water law state, so landowners have a right to reasonably use water sources that are touching or underneath their land. Under this law, a landowner can withdraw as much water as needed as long as the withdrawals do not adversely impact the water use of other individual water users.
Water users who withdraw or divert 100,000 gallons per day, equivalent to 70 gallons per minute all day, from streams, rivers, lake, wells, springs or other water sources are considered major water users. Missouri Water Law (Section 256.400–430 of the Revised Statutes of Missouri) requires that major water users register their water use annually with the Missouri Department of Natural Resources (DNR) (see ). A producer with several active wells that have a total output of 100,000 gallons would be classified as a major user and should be registered. Users may be designated as major even if they only withdraw or divert the 100,000-gallon threshold on one day in a year.
The Army Corps of Engineers has jurisdiction over navigable waters, such as rivers and streams. Someone interested in directly pumping water or diverting water from a stream or river should contact the Army Corps of Engineers district office with jurisdiction for the proposed pumping location. The Corps
Rivers and streams
If you are considering using rivers and streams, consult the local Army Corps of Engineers district office about the jurisdiction over the area from which the water will be pumped. These are some of the issues, topics or questions you must consider when pumping from a stream or river:
Streams are one possible surface water source
Figure 1. Streams are one possible surface water source. However, during dry weather, a stream water source is already low, so care must be taken not to over pump the stream or allow pumping activities to significantly disturb the stream bank.
Ensure that you have ownership of the land connected to the water source where the pumping site would be located.
Estimate the volume of water that would be pumped from the river or stream each year.
Consider pumping to an intermediate water storage impoundment.
An intermediate water storage impoundment may allow diverting river water when the river flow is such that a floating intake could be used so that no channel modifications would be needed. A floating intake would eliminate the need for a permit from the Army Corps of Engineers for channel modifications.
Pumping when the flow in the river is above low flow should keep you from having any adverse effect on any other water use (Figure 1).
Pumping will not adversely impact a downstream owner or fish living downstream from the pumping site.
Edited by CMN 10/18/2025 09:12
|
Farmer Built Irrigation Pivot and Now Needs Access To Water For the Pivot
