Water or Beer – you choose
I did not realize this until well after I left college: water is more sought after in the state than beer.
The number of state water use permit applications filed with the state of South Dakota nearly tripled between 2019 and 2021. I submit that the number of new applications will remain high over the next several years. How does the application process work? Let us look at some of the basics.
Under South Dakota law all water within the state is the property of the people of the state but the right to the use of water may be acquired by appropriation. “Appropriation” for larger quantity use of water is authorized under a state application process unless the use location is in Indian Country or on federal land in which case the water use process may take another route.
Under a water appropriation the state Water Management Board or its chief engineer grants authorization to obtain a so-called private (but the process includes government applicants) beneficial use of the state’s water resources. Appropriations apply to either ground water or surface water. The reader will note that South Dakota has no law or regulation regarding the harvesting of rainwater. Colorado does.
A water right permit if approved is issued either as a new water use or as a vested water right for an existing water use (predating March 2, 1955). A permit to appropriate water is needed for all water uses in South Dakota except for certain domestic uses of water. However, even domestic use of water requires a permit if water use exceeds either 25,920 gallons per day or a peak pump rate of 25 gallons per minute. The following types of water use require a water permit assuming the use is from a private water supply rather than a water distribution system. If supplied by a water distribution system using more than 18 gallons per minute, the water distribution system needs to obtain a water right permit on behalf of the system water users:
• Commercial uses such as tourist attractions, truck stops, restaurants, campgrounds, motels, or any other type of business .
• Industrial uses where water is used for processing, cooling, dewatering, etc.
• Institutional uses such as churches, correctional facilities, etc.
• Irrigation use
• Municipal use (in excess of 18 gallons per minute)
• Rural water system use (in excess of 18 gallons per minute)
• Suburban housing development use (in excess of 18 gallons per minute)
• Recreation use
• Fish and wildlife propagation
What does the permit process require by way of Information? The basics are as follows:
1. identifying the water source;
2. the amount of water to be claimed;
3. the diversion point locations;
4. the annual period during which water may be used; and
5. the type of use;
A map of the project is usually required for irrigation and non-irrigation projects showing the proposed location of diversion point, any lands to be irrigated, names of the owners (if not the signing applicant), and other pertinent information. The Application must be signed by one of the following: registered land surveyor, registered professional, or by any government employee who normally prepares maps as part of his assigned duties.
An application fee is of course required. And supplemental information, such as storage capacity of any water impoundment infrastructure. The application process is the same whether the water source is surface or ground water, except in the case of ground water the applicant may need to submit a well driller’s test hole or well log.
The State’s Chief Engineer may request that the applicant complete a soil/water analysis if the Chief Engineer believes that a soil/water compatibility problem may exist. The state also processes several other types of applications which may be necessary for certain irrigation projects, including applications to: 1) amend existing permits or rights, 2) reserve water for future use, 3) control flooding or modify watercourses and 4) claim vested water rights. The same procedure is used for processing each type of application.
