Powertech (USA) Inc. Consolidated Contested Case


On February 8, 2013, 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. Applications and documents filed prior to consolidation are available at the above links.

 

On Wednesday, March 6, 2013, at 11:00 am CST in the Floyd Matthew Training Center, 523 E Capitol, Pierre SD the Water Management Board set the dates to conduct the contested case hearing.

 

          Consolidated Contested Case

            Hearing Dates: Due to a record snowstorm in the Rapid City/Black Hills area, the hearing from Oct. 7-11, 2013 was postponed. The Water Management Board will now hear evidence beginning Oct. 28 to Nov. 1, then recess, and is scheduled to reconvene and conclude during week of Dec. 9, 2013.

            Hearing Location: Meetings scheduled to be held at the Best Western Ramkota Hotel & Conference Center, 2111 N LaCrosse Street, Rapid City SD.

            Hearing Participants:

            "A" Participants

            "B" Participants

            "C" Participants

 

Order Granting Powertech's Motion to Continue - posted Nov 25, 2013

 

Gena Parkhurst Expert Witness Disclosure List (untimely filed) - posted Nov 21, 2013

 

Briefs Filed in Response to Water Management Board Questions - posted Nov 21, 2013

Powertech’s Brief Addressing Tolled Administrative Rules, Federal Permit Proceedings and Well Construction Standards
Powertech’s Exhibit 1 to Brief
Powertech’s Motion for Continuance
Joint Memorandum Brief of the Black Hills Wild Horse Sanctuary, Susan Watt, Dayton Hyde and Clean Water Alliance on Jurisdictional Questions requested by the Board
DENR WR and GWQ Joint Response to Board Inquiry
Rebecca Leas Join WHS and CWA Brief
Lilas Jarding Join WHS and CWA Brief
Susan Henderson Join WHS and CWA Brief
Cheryl Rowe Join WHS and CWA Brief

Gena Parkhurst Join WHS and CWA Brief

 

Briefing Questions Requested by the Water Management Board - posted Nov 6, 2013

 

Notice of hearing postponement and rescheduling - posted Oct 16, 2013

Prehearing Chair Ev Hoyt's Sep 19 Orders - posted Sep 23, 2013

Powertech - Response to Wild Horse Sanctuary motion to disclose - posted Sep 18, 2013

Powertech - Response to motion for continuance - posted Sep 18, 2013

Clean Water Alliance - Joining Wild Horse Santuary’s response to narrative testimony - posted Sep 18, 2013

Clean Water Alliance - Objection and response to Powertech’s motion in limine - posted Sep 18, 2013

Clean Water Alliance - Objection to Powertech’s motion to allow narrative tesimony - posted Sep 18, 2013

Susan Henderson – Objection to Powertech’s motion for narrative testimony - posted Sep 16, 2013

Gena Parkhurst -  Objection to Powertech’s motion for narrative testimony - posted Sep 16, 2013

Gardner Gray - Objection to Powertech’s motion for narrative testimony - posted Sep 16, 2013

Oglala Sioux Tribe – Notice of Experts - posted Sep 16, 2013

Brenda Gamache – Motion concerning participation of DENR SWQ program - posted Sep 16, 2013

Wild Horse Santuary – Response to Powertech’s Narrative Testimony Motion - posted Sep 16, 2013

Leas motion in opposition to Powertech motion to allow narrative testimony - posted Sep 13, 2013

Denial of Gamache motion concerning DENR Surface Water Quality program - posted Sep 13, 2013

Clean Water Alliance filed a motion joining BH Wild Horse Sanctuary’s motion - posted Sep 13, 2013

BH Wild Horse Sanctuary’s motion to continue and motion to disclose shareholders - posted Sep 13, 2013

Powertech Motion to Allow Narrative Testimony - Sep 9, 2013

Participant "B" Survey Questionnaire - Sep 9, 2013

Comments from the Izaak Walton League of America - posted Sep 3, 2013

 

Notice of Experts Filings - posted Aug 29, 2013

 

US Nuclear Regulatory Commission letter concerning M.O.U. - posted Aug 27, 2013

Notice of Prehearing Conference and Motions Hearing - posted Aug 21, 2013

Order Granting in Part and Denying in Part McLean Petition to Intervene - posted Aug 13, 2013

Notice Granting in Part and Denying in Part McLean Petition to Intervene - posted Aug 13, 2013

Petitioner Status Change Notice - posted Aug 7, 2013

Petitioner Status Change Request - Sylvia Lambert - posted Aug 6, 2013

Notice of Order granting Fall River County's Motion to Dismiss - posted May 31, 2013

Letter from Board counsel regarding Order by Prehearing Chairman - posted May 31, 2013

Motion of Fall River County to dismiss its petition to intervene - posted Apr 30, 2013

Updated Summary of Election of Particpation - posted Apr 1, 2013

Updated Summary of Election of Particpation - posted Mar 29, 2013

 

Notice of Water Management Board Hearing for Consolidated Case - Mar 26, 2013

 

Untimely filed petitions:

 

Summary of Election of Particpation - posted Mar 26, 2013

Election of Participation Form - posted Mar 26, 2013

Prehearing Chairman Order - Mar 21, 2013

Multiple hearing scheduling requests - posted Mar 13, 2013

Cheryl Rowe - hearing scheduling request - Mar 5, 2013

Lilias Jarding - hearing scheduling request - Feb 28, 2013

Philip S. Heckman - hearing scheduling request - Feb 23, 2013

Michael Hickey - Notice of Appearance and preliminary expert report - Feb 22, 2013

Election of participation forms sent in prematurely - posted Feb 20, 2014

Susan Watt email - Feb 19, 2013     

Procedural Order issued by Everett Hoyt, Prehearing Chairman - Feb 15, 2013

Hoyt transmittal of Procedural Order - Feb 14, 2013

Fall River County contact person - Feb 11, 2013

Sharon Parker letter - Feb 10, 2013

Attendance Sheet from Feb 8th Prehearing Motions Hearing - Feb 8, 2013

 

Documents pertaining specifically to the Water Right Permit Applications - posted Feb 20, 2013

Max Main Notice of Appearance - Dec 26, 2012

Reports, recommendations, affidavits and publications

Visit this page for other information concerning the water right permit applications

 

Documents pertaining specifically to the Ground Water Discharge Permit Application - posted Feb 20, 2013

Powertech Dewey Burdock GWD 1-13 Permit

Notice of Recommendation

Powertech’s response to petitions to initiate contested case - Feb 6, 2013

Petitions

Petitions (filed late)

Notice of Appearance - Max Main

Visit this page for other information concerning the ground water discharge permit application

 

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