Pending Applications to Appropriate Water


A text link for each application shown on the South Dakota map and a brief description is available in the summary table.   You may view the entire public notice for an application by clicking on the application number in the summary table or on the SD map.

 

Please contact Eric Gronlund at (605) 773-3352 or by email if you have questions or need additional information.

 

These abbreviations may be used in the summary table:

cfs = cubic feet of water per second
1 cfs = 448.8 gallons per minute (gpm)
AF = acre-feet of water

(An acre-foot covers one acre of land one foot deep)

Approximate Location of Pending Applications

South Dakota counties map South Dakota counties map South Dakota counties map South Dakota counties map South Dakota counties map

Applications added since Feb 22, 2011 are in red text.

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Do you want to be notified by email when new applications are added to this web page? If so, you can subscribe to receive email updates by contacting Ron Duvall.  Your email address will only be used for the purposes expressed on this web page.

 

NOTE:  Pending applications are added to this web page when the "Notice" for the application is being published.  Following expiration of the comment deadline, the application will be removed from this page.  The time period during which an application will appear on this page is about two to three weeks.

 

Appl No. Applicant County Amount of Water Water Source Type of Use Recommended Action Comment Deadline
7113-3 Paul M Buckneberg, Centerville SD Turner 3.56 cfs Pleistocene Unknown aquifer Irrigation Approval Mar 14, 2011
7224-3 Midland National Life, c/o Douglas J Schwartz, Sioux Falls SD Lincoln 0.80 cfs Sioux Quartzite Geothermal Approval Mar 14, 2011
4622A-3 Riverside Colony, Huron SD Beadle no add'l cfs Tulare Hitchcock aquifer Irrigation Approval Mar 7, 2011
6599A-3 Circle H Enterprise, Wagner SD Charles Mix 0.57 cfs Choteau West aquifer Irrigation Reinstatement Feb 28, 2011

 

NOTICE OF APPLICATION NO. 7113-3 to Appropriate Water

 

Notice is given that Paul M Buckneberg, 45886 294th St, Centerville SD  57014 has filed an application for a water permit to appropriate 3.56 cubic feet of water per second from two wells to be completed into the Pleistocene Unknown Aquifer (approximately 95 feet deep) located in SW ¼ NE ¼ Section 19 and the approximate center of the SE ¼ Section 18 to irrigate 320 acres in the NE ¼ Section 19 and SE ¼ Section 18; all in  T96N-R52W.

 

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 7113-3 because 1) unappropriated water is available, 2) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest.  In accordance with SDCL 46-2A-23, the Chief Engineer will act on this application, as recommended, unless a petition is filed opposing the application or the applicant files a petition contesting the Chief Engineer's recommendation.  If a petition opposing the application or contesting the recommendation is filed, then a hearing will be scheduled and the Water Management Board will consider this application.  Notice of the hearing will be given to the applicant and any person filing a petition.

 

Any person interested in opposing or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. The Chief Engineer's address is "Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501 (605 773-3352)” and the applicant's mailing address is given above.  A petition filed by either an interested person or the applicant must be filed by March 14, 2011.

 

The petition may be informal, but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.  Contact Eric Gronlund at the above Water Rights Program address to request copies of information pertaining to this application.  Steven M. Pirner, Secretary, Department of Environment and Natural Resources.

NOTICE OF APPLICATION NO. 7224-3 to Appropriate Water

 

Notice is given that Midland National Life, c/o Douglas J Schwartz, One Sammons Plaza, Sioux Falls SD  57193 has filed an application for a water permit to appropriate 0.8 cubic feet of water per second from two wells completed into the Sioux Quartzite (420 and 442 feet deep) located in SW 1/4 NW 1/4 Section 8-T100N-R50W for geothermal heating and cooling use.

 

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 7224-3 because 1) unappropriated water is available, 2) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest.  In accordance with SDCL 46-2A-23, the Chief Engineer will act on this application, as recommended, unless a petition is filed opposing the application or the applicant files a petition contesting the Chief Engineer's recommendation.  If a petition opposing the application or contesting the recommendation is filed, then a hearing will be scheduled and the Water Management Board will consider this application.  Notice of the hearing will be given to the applicant and any person filing a petition.

 

Any person interested in opposing or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. The Chief Engineer's address is "Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501 (605 773-3352)” and the applicant's mailing address is given above.  A petition filed by either an interested person or the applicant must be filed by March 14, 2011.

 

The petition may be informal, but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.  Contact Eric Gronlund at the above Water Rights Program address to request copies of information pertaining to this application.  Steven M. Pirner, Secretary, Department of Environment and Natural Resources.

NOTICE OF APPLICATION NO. 4622A-3

to Amend Water Right No. 4622-3 and a Portion of Water Right No. 1523-3

 

Notice is given that Riverside Colony, c/o Bennett Waldner, 40161 200th St, Huron SD  57350 has filed an application to amend Water Right No. 4622-3 and a portion of Water Right No. 1523-3 by transferring irrigated acreage and diversion rate authority to a new location.  Water Right No. 4622-3 appropriates 1.22 cubic feet of water per second (cfs) from one well (Tulare:Hitchcock) located in the SE /14 SW 1/4 Section 20 to irrigate 101 acres located in the SW 1/4, W 1/2 SE 1/4 Section 20-T112N-R61W.  Water Right No. 1523-3 appropriates 2.2 cfs from one well  near the center of the SW 1/4 Section 21 to irrigate 160 acres located in the SW 1/4 Section 21-T112N-R61W.  This application proposes sever 101 acres and 1.22 cfs diversion authority authorized by Water Right No. 4622-3 and sever 29 acres and 0.49 cfs diversion authority authorized by Water Right No. 1523-3 to 130 acres located the SE 1/4 Section 21 utilizing an existing well located in the SW 1/4 SE 1/4 Section 21; all in T112N-R61W.  The water source for this irrigation system is the Tulare:Hitchcock Aquifer and no increase in the diversion rate or number of acres irrigated is authorized by this application.

 

State Law (SDCL 46-5-34) allows an irrigation water right to be severed from a parcel of land and simultaneously transferred to another parcel if it is impractical to use all or any part of the water beneficially or economically for irrigation on the current land.  Mr. Waldner indicates the transfer will allow irrigation to be in closer proximity to the colony’s primary operation and can be better incorporated into Riverside’s nutrient management plan for their animal confinement facility.

 

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 4622A-3 because 1) unappropriated water is available, 2) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest.  In accordance with SDCL 46-2A-23, the Chief Engineer will act on this application, as recommended, unless a petition is filed opposing the application or the applicant files a petition contesting the Chief Engineer's recommendation.  If a petition opposing the application or contesting the recommendation is filed, then a hearing will be scheduled and the Water Management Board will consider this application.  Notice of the hearing will be given to the applicant and any person filing a petition.

 

Any person interested in opposing or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. The Chief Engineer's address is "Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501 (605 773-3352)” and the applicant's mailing address is given above.  A petition filed by either an interested person or the applicant must be filed by March 7, 2011.

 

The petition may be informal, but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.  Contact Eric Gronlund at the above Water Rights Program address to request copies of information pertaining to this application.  Steven M. Pirner, Secretary, Department of Environment and Natural Resources.


NOTICE OF APPLICATION NO. 6599A-3

to Reinstate Water Permit No. 6599-3

 

Notice is given that Circle H Enterprise, Box 877, Wagner SD  57380 has filed an application to reinstate Water Permit No. 6599-3.  Water Permit No. 6599-3 appropriates 0.57 cubic feet of water per second from one well completed into the Choteau West Aquifer (200 feet deep) located in NW ¼ NW ¼ Section 22 for irrigation of 40 acres located in the NW ¼ NW ¼ Section 22; all in T96N-R63W.  The permit was approved May 23, 2005, and the project was to be completed May 23, 2010, with water being put to beneficial use by May 23, 2014.  Application No. 6599A-3 proposes to reinstate Water Permit No. 6599-3 since the project has not been completed.  Approval of Permit No. 6599A-3 will cancel Water Permit No. 6599-3.

 

Application No. 6599A-3 to reinstate No. 6599-3 is made pursuant to SDCL 46-2A-8.1 which allows for reinstatement with a new priority date, if unappropriated water is available, when construction necessary to put water to beneficial use is not completed within five years of approval of the permit.

 

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends REINSTATEMENT of Permit No. 6599-3 because 1) unappropriated water is available, 2) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest.  In accordance with SDCL 46-2A-23, the Chief Engineer will act on this application, as recommended, unless a petition is filed opposing the application or the applicant files a petition contesting the Chief Engineer's recommendation.  If a petition opposing the application or contesting the recommendation is filed, then a hearing will be scheduled and the Water Management Board will consider this application.  Notice of the hearing will be given to the applicant and any person filing a petition.

 

Any person interested in opposing or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. The Chief Engineer's address is "Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501 (605 773-3352)” and the applicant's mailing address is given above.  A petition filed by either an interested person or the applicant must be filed by February 28, 2011.

 

The petition may be informal, but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.  Contact Eric Gronlund at the above Water Rights Program address to request copies of information pertaining to this application.  Steven M. Pirner, Secretary, Department of Environment and Natural Resources.

Disclaimer

 

This listing of pending water right permit applications is provided as a public service and does NOT constitute "official" public notice of these applications.  According to South Dakota Codified Law 46-2A-4, public notice of applications is to be provided via publication in an official newspaper in the county or counties in which water is to be diverted or used or where project works will be located.   Every effort will be made to keep this web page up-to-date and error free but any errors or omissions to this page will not invalidate any action taken on an application.