Missouri agriculture groups are pushing a bill that would exempt some information about major water users from being made public.
A major water user is “any person or entity with the capability of producing 100,000 gallons per day, or approximately 70 gallons per minute, including all wells or surface intakes.”
These users are required to register with the state if they divert water from a major water source. That registration includes personal information like the applicant’s name and address. But it also includes the location and type of water source, how much water will be used and where it’s going.
A new bill would keep this information confidential for major water users, creating an exception to Missouri’s Sunshine Law. The bill specifies that the exemption only applies to entities directing the water to agricultural land.
Similar bills were considered and approved by the Missouri House and Senate last year, but a unified version of the bill didn’t make it into law before the session ended.
State Sen. Mike Henderson (R-Desloge) sponsored this year’s bill. He claims it protects farmers’ privacy.
“We just want to make sure that their privacy is protected, that their cell phone number isn't out there for people to try to harass them,” he said.
Major agricultural industry groups voiced their support during the hearing, including the Missouri Soybean Association, the Missouri Corn Growers Association and the Missouri Farm Bureau.
“There are many corn growers in Missouri who meet this definition of a major water user due to their use of Missouri water for irrigation purposes,” said Jacob Knaebel, a lobbyist with the Missouri Corn Growers Association. “We feel it's important to protect their personally identifiable information, especially when they're compelled to report their usage by law.”
Only one person spoke in opposition, former Columbia Missourian editor Mike Jenner. Speaking on behalf of the Missouri Press Association, he said the bill chips away at the Missouri Sunshine Law.
“I can't think of a resource in the state that's of greater public interest than water,” he said. “I think there's great concern about who uses water, especially who the mega-users are.”
Jenner was a journalist for 36 years before joining the faculty of the Missouri School of Journalism.
“I'm a big believer in sunshine and transparency, and the Missouri Sunshine Act is really a good law and has been for more than 50 years,” he said. “But every year, well-meaning people try to create more exemptions, and they chip away at the power of that act.”
Environmental groups including the Missouri Coalition for the Environment oppose the bill as well. When a similar bill was considered in the Missouri House last year, the Missouri chapter of the Sierra Club testified in opposition.
Henderson said he’s not concerned about transparency issues because the data would still be available in aggregate at the county level. He added that the Department of Natural Resources will still have access to the confidential data, allowing major water users to be held accountable in cases of wrongdoing.
Though, during the hearing, Sen. Tracy McCreery (D-Olivette) noted that there are currently no punishments for a major water user if they fail to disclose the legally mandated information to the state.
The bill does include misdemeanor punishment for employees of the Missouri Geological Survey, a division of the Department of Natural Resources, if they reveal any of the newly-confidential information about major users.
