Notice is given that Upland Hutterian Brethren, c/o Kenneth Wurtz Jr., 24221 412th Avenue, Artesian, SD 57314 has filed an application for a water permit to appropriate 2.15 cubic feet of water per second from the James River located in the SW 1/4 NW 1/4 Section 25-T105N-R60W. Water will be diverted, as needed, to maintain the water level in an existing dam to the primary spillway elevation. The dam in the SE 1/4 NW 1/4 Section 25 is used for irrigation of 136.4 acres in the SE 1/4 Section 25; all in T105N-R60W by Water Permit Application No. 8774-3. This site is located approximately eight miles north of Mitchell, S.D.  

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 8785-3 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 recommendation with qualifications, the application, and staff report 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 this application or recommendation shall allege that the application, 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 application, or other matter concerning the application 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 application with BOTH the applicant and Chief Engineer. A petition opposing the application 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 recommendation, the applicant shall also file a petition.  A petition filed by either an interested person or the applicant must be filed by October 2, 2023.

The petition shall include a statement describing the unique injury upon approval of the application on the petitioner, the petitioner’s reasons for opposing the application, 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 application 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 October 2, 2023.

If the applicant does not contest the recommendation of the Chief Engineer and no petition to oppose the application is received, the Chief Engineer shall act on the application pursuant to the recommendation with no hearing held before the Water Management Board. 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.

Published once on September 21, 2023, at the total approximate cost of $43.50 and may be viewed free of charge at www.sdpublicnotices.com.