Notice is given that Upland Hutterian Brethren, Inc, c/o Clarence Wurtz, 24221 412th Ave, Artesian, SD 57314 has filed the following applications for a water permit.  Application No. 8696-3 proposes to appropriate up to 16.8 acre-feet of water annually at a maximum pump rate of 0.09 cubic feet of water per second (cfs) from one well completed into the Codell Aquifer (175 feet deep) located in the NE 1/4 NE 1/4 Section 25 to supply water for domestic uses located in the NE 1/4 Section 25; all in T105N-R60W.

Application No. 8697-3 proposes to appropriate up to 46.25 acre feet of water annually at a maximum pump rate of 0.25 cfs from four wells (two wells are backup supply) completed into the Dakota Aquifer (560 to 602 feet deep) and up to 13 acre feet of water annually at a maximum pump rate of 0.12 cfs from one well completed into the Codell Aquifer (140 feet deep) all located in the NE 1/4 NE 1/4, SE 1/4 NW 1/4, SW 1/4 SE 1/4 Section 25 to supply water for commercial use in swine confinement facilities located in the N 1/2, SE 1/4 Section 25; all in T105N-R60W. The five wells combined will appropriate a total of 59.25 acre-feet of water annually at a maximum pump rate of 0.37 cfs.

Application No. 8698-3 proposes to appropriate up to 24.9 acre-feet of water annually at a maximum pump rate of 0.12 cfs from one well completed into the Dakota Aquifer (512 feet deep) located in the NW 1/4 SW 1/4 Section 36 to supply water for commercial use in swine confinement facilities located in the S 1/2 Section 36; all in T105N-R60W.  The facilities for Application Nos. 8696-3, 8697-3 and 8698-3 are all located approximately 10 miles southwest of Artesian, S.D.  

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of the Applications listed above with qualifications because 1) unappropriated water is available, 2) existing domestic water uses and water rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest as it pertains to matters within the regulatory authority of the Water Management Board.  The Chief Engineer’s recommendations with qualifications, the applications, and staff reports are available at https://danr.sd.gov/public or contact Ron Duvall for this information, or other information, at the Water Rights Program address provided below.  

Any person interested in opposing the applications or recommendations shall allege that the applications, upon approval, will cause injury to the person that is unique from any injury suffered by the public in general. The injury must concern a matter either within the regulatory authority found in SDCL 46-2A-9 for approval or denial of the applications, or other matter concerning the applications within the regulatory authority of the board to act upon as defined by SDCL 46-2-9 and 46-2-11, or both. Any person meeting the petitioner requirements and wishing to be a party of record in a contested case hearing shall file a written petition to oppose the applications with BOTH the applicant and Chief Engineer. A petition opposing the applications shall be filed on a form provided by the Chief Engineer. The petition form is available online at https://danr.sd.gov/public or by contacting the Chief Engineer. The Chief Engineer’s address is “Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501” or call (605) 773-3352.  The applicant’s mailing address is given above. If contesting the Chief Engineer’s recommendations, the applicant shall also file a petition. A petition filed by either an interested person or the applicant must be filed by March 20, 2023.

The petition shall include a statement describing the unique injury upon approval of the applications on the petitioner, the petitioner’s reasons for opposing the applications, and the name and mailing address of the petitioner or the petitioner’s legal counsel, if legal counsel is obtained.  

Any interested person may file a comment on the applications with the Chief Engineer. The comment shall be filed on a form provided by the Chief Engineer and is available online at https://danr.sd.gov/public or by calling (605) 773-3352 or writing the Chief Engineer at the address provided above. Filing a comment does not make the commenter a party of record or a participant in any hearing that may be held. Any comment must be filed by March 20, 2023.

If the applicant does not contest the recommendations of the Chief Engineer and no petition to oppose the applications is received, the Chief Engineer shall act on the applications pursuant to the recommendations with no hearing held before the Water Management Board. If a petition opposing the applications or contesting the recommendations is filed, then a hearing will be scheduled, and the Water Management Board will consider the applications. Notice of the hearing will be given to the applicant and any person filing a petition.

Published once on March 9, 2023, at the total approximate cost of $54.50 and may be viewed free of charge at www.sdpublicnotices.com.