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Water Rights

Powertech (USA) Inc. Applications for Water Right Permits

DENR Powertech homepage >> Water Rights Powertech page >> Consolidated Contested Case page

On June 12, 2012, Powertech (USA) Inc. submitted two applications to obtain water right permits.

Links to both applications and other documents are provided below.

One application is for water from the Inyan Kara aquifer and the other application is for water from the Madison aquifer. Powertech plans to use water in the recovery of uranium ore from an area located in Custer and Fall River counties about 13 miles north-northwest of Edgemont, SD.

Application Summary

The application from the Inyan Kara aquifer is to use the ground water as a means to extract uranium ore from the Inyan Kara Group using an in situ recovery process. The primary use of water under the other application for the Madison aquifer is aquifer restoration following completion of mining operations. Water from the Madison aquifer may also be used for facility operations and to supply domestic and livestock water to local ranchers.

Application Review Process

Following a review of the applications for completeness, a report, recommendation and public notice will be prepared for each application. The Chief Engineer has 60 days to complete a recommendation from the time a complete application has been received. If the applicant decides to continue pursuing approval of the application(s), then public notice(s) will be published and posted online at the DENR website. In response to the public notice(s), anyone may file a petition within a prescribed timeframe to either support or oppose the application(s).

Application Hearing Process

Contested applications are heard by the state Water Management Board which is a seven member citizen's board appointed by the Governor. After hearing testimony and receiving evidence from all parties to the proceeding, the board will make a final decision. The board's decision may be appealed to circuit court and to the state Supreme Court.

For more information

Following are links to view all information related to the Powertech (USA) Inc applications. More links will be added as new material is added to the application files.

August 7, 2013

DENR response to Rapid City Mayor and City Council letters

     Alderman Jerome Wright's letter received July 29, 2013

     Mayor Sam Kooiker's letter received August 1, 2013


February 8, 2013 -- Consolidated Contested Case

Everett Hoyt, acting as prehearing chairman on behalf of the state Water Management Board, ruled that Water Right Permit Applications (Nos. 2685-2 and 2686-2) and the Ground Water Discharge Permit Application (GWD 1-13) be consolidated for purposes of conducting a contested case hearing on the applications.

February 4, 2013

Corrected Certificate of Service

January 31, 2012

Procedural Matters - Jan 31, 2013

November 30, 2012

General Correspondence

Notice of Delay of Hearing

Newspaper Affidavits of Publication

November 28, 2012

Petitions filed in response to Powertech water permit applications (updated Nov 30)

November 8, 2012

Application No. 2685-2 Report and Recommendation (Madison Aquifer)

Application No. 2686-2 Report and Recommendation (Inyan Kara Aquifer)

Newspaper publication letter to Powertech

Publication letter to newspapers

Public notice of hearing for Application Nos. 2685-2 and 2686-2

Personal notice of hearing for Application Nos. 2685-2 and 2686-2

June 12, 2012 Water Permit Application (Inyan Kara Aquifer)


Application Fee Receipt (added January 23, 2013)





June 12, 2012 Water Permit Application (Madison Aquifer)


Application Fee Receipt (added January 23, 2013)