SOUTH DAKOTA Department of
Environment & Natural Resources

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Water Rights

Pending Applications to Appropriate Water and Future Use Reviews

In the table shown below is a summary for each application shown on the South Dakota map. You may view the public notice for each application by clicking on the application number in the summary table or clicking the icons on the South Dakota 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 shown below:

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)

NOTE: Applications are added to this web page when the application is undergoing public notice as required by state law. Following expiration of the petition deadline, applications will be removed from this webpage provided the application is not contested. A listing of contested applications is provided here.

If you want to be notified when applications are added to this webpage, then you can request email updates by contacting Ron Duvall.  Your email address will only be used to provide you notice when this page is updated.

Flow chart | Application & hearing | Water Management Board schedule

Approx. Site of Applications undergoing Public Notice

 

Most recently added marker icon

Summary of Applications undergoing Public Notice

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Contested Cases Awaiting Water Management Board Action


2751-2, City of Custer, Custer SD

Application for a water permit to reconstruct Custer West Dam originally authorized by Water Right No. 298-2. Water Right No. 298-2 aut horizes impoundment of 30 acre-feet of water by a dam on French Creek located in the NE 1/4 SE 1/4 Section 27-T3S-R4E. This application is proposing to reconstruct the dam and increase the storage capacity an additional 47.5 acre-feet with water to be impounded in the N 1/2 SE 1/4 Section 27-T3S-R4E. Th is application requests impoundment of sufficient water to maintain water to the outlet elevation of 5,348 feet mean sea level with a total storage capacity of 77.5 acre-feet. The water will be used for recreational, fish and wildlife propagation and fire suppression purposes.

Request for Declaratory Ruling

George Ferebee requests the Board declare that local units of government (cities and counties) are bound by ARSD 74:53:01:04. The reason cited in the petition for submitting the declaratory ruling request is to eliminate the existing controversy.

ARSD 74:53:01:04 reads "On-site wastewater systems existing prior to February 28, 1975, are not subject to this chapter unless the systems are changed, the systems cause the groundwater to become polluted, or the systems are allowing wastewater to surface. Abandoned wastewater systems are not exempt from this chapter and shall be abandoned in accordance with ARSD 74:53:01:11."

Request for Declaratory Ruling

George Ferebee requests the Board declare Administrative Rule of South Dakota 74:53:01:18 is the exclusive province of the State of South Dakota and declare that local governments do not have authority to prohibit the operation of pit privies (outhouses) constructed prior to February 28, 1975. The reason cited in the petition for submitting the declaratory ruling request is to eliminate the existing controversy.

ARSD 74:53:01:18 reads "The construction of a cesspool or a pit privy is prohibited. The operation of a cesspool or a pit privy constructed after February 28, 1975, is prohibited."

8200-3 Don Schaefer, Hoven SD

Appropriate 2.28 cubic feet of water per second from three wells to be completed into the Hoven South Management Unit of the Bowdle Aquifer (50 feet deep) located in the NE 1/4 Section 21 for irrigation of 160 acres located in the NE 1/4 Section 21; all in T120N-R74W.

2745-2 Croell Redi Mix, c/o Kyle Frisinger, Aggregate Manager, Sundance WY

Appropriate 19.6 acre feet of water annually at a maximum diversion rate of 0.33 cubic feet of water per second from one well to be completed into the Deadwood Aquifer (1150 feet deep) located in the NE 1/4 SW 1/4 Section 9, T1S-R7E for industrial and domestic use located in portions of the S 1/2 NE 1/4, SE 1/4 NW 1/4, that portion of the NE 1/4 SW 1/4 lying north of Highway 16, and that portion of the SE 1/4 lying north of Highway 16 in Section 9, T1S-R7E and that portion of the S 1/2 NW 1/4 lying west of Highway 16 and the portion of the SW 1/4 lying north and west of Highway 16 in Section 10, T1S-R7E.

2676-2 City of Rapid City - Terry Wolterstorff

Application to transfer the use of a portion of Rapid Creek natural flows appropriated for irrigation use to municipal, industrial, commercial, common distribution systems, rural water system, suburban housing, and domestic use by the city of Rapid City.

2685-2 Powertech (USA) Inc.

2686-2 Powertech (USA) Inc.

GWD 1-13 Powertech (USA) Inc.

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