By Aberdeen Insider - August 7, 2025 in CITY OF ABERDEEN
NOTICE OF HEARING on Application No. 8959-3 to Appropriate and Reserve Water for Future Use
Notice is given that the City of Aberdeen, 123 South Lincoln Street, Aberdeen SD 57401, has filed an application for a future use water permit to appropriate and reserve 9,500 acre-feet of water annually from the Missouri River located in the NW 1/4 NE 1/4 Section 32-Tl23N-R78W. The withdrawal site is located in Walworth County, approximately nine and one-half miles southeast of Mobridge. The water is to be reserved as a future water supply serving municipal, domestic, commercial, industrial, recreational, water distribution, and fish and wildlife purposes. If approved, this application does not authorize construction of works or placement of water to beneficial use.
South Dakota Codified Law (SDCL) 46-2A-4(10) provides that “if the applicant does not contest the recommendation of the Acting Chief Engineer and no petition to oppose the application is received, the Acting Chief Engineer shall act on the application pursuant to the Acting Chief Engineer’s recommendation and no hearing may be held before the board, unless the Acting Chief Engineer makes a finding that an application, even if uncontested, presents important issues of public policy or public interest that should be heard by the board.” In this case, the Acting Chief Engineer finds that this application presents important issues of public interest that should be heard by the Water Management Board.
Pursuant to SDCL 46-2A-2, the Acting Chief Engineer recommends APPROVAL of Application of 8959-3 because 1) there is reasonable probability that there is unappropriated water available for the applicant’s proposed use, 2) the City of Aberdeen has demonstrated a reasonable need to reserve water in the amount of 9,500 acre-feet annually, 3) the proposed use is a beneficial use and 4) it is in the public interest. The Acting 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.
The Water Management Board will consider this application at 10:00 AM (Central Time) on October 1, 2025, in the Matthew Training Center, Joe Foss Bldg, 523 E. Capitol Ave., Pierre SD. The Acting Chief Engineer’s recommendation is not final or binding upon the Board. The Board is authorized to 1) approve, 2) approve with qualifications, 3) defer, or 4) deny this application based on the facts presented at the public hearing.
Any person who intends to participate in the hearing 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 Acting Chief Engineer. A petition opposing the application shall be filed on a form provided by the Acting Chief Engineer. The petition form is available online at https://danr.sd.gov/public or by contacting the Acting Chief Engineer. The Acting 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 Acting 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 August 18, 2025.
The petition shall be in writing and 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. The hearing is an adversary proceeding and any party has the right to be present at the hearing and to be represented by a lawyer. These and other due process rights will be forfeited if they are not exercised at the hearing and decisions of the Board may be appealed to the Circuit Court and State Supreme Court as provided by law.
The October hearing date will be automatically delayed for at least 20 days upon written request to the Acting Chief Engineer from the applicant or any person who has filed a petition to oppose the application. The request for an automatic delay must be filed by August 18, 2025. If an automatic delay is requested, the hearing will be rescheduled for a future Board meeting and personal notice will be provided to the applicant and all petitioners regarding the time, date, and location.
Any interested person may file a comment on the application with the Acting Chief Engineer. The comment shall be filed on a form provided by the Acting Chief Engineer and is available online at https://danr.sd.gov/public or by calling (605) 773-3352 or writing the Acting 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 August 18, 2025.
Notice is given to individuals with disabilities that the meeting is being held in a physically accessible location. Individuals requiring assistive technology or other services in order to participate in the meeting or materials in an alternate format should contact Brian Walsh, Nondiscrimination Coordinator, by calling (605) 773-5559 or by email at [email protected] as soon as possible but no later than two business days prior to the meeting in order to ensure accommodations are available.
Under SDCL 1-26-17(7) notices must state that “if the amount in controversy exceeds $2,500.00 or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request to the agency no later than ten days after service of a notice of hearing issued pursuant to SDCL 1-26-17.” This is a Notice of Hearing, service is being provided by publication, and the applicable date to give notice to the Acting Chief Engineer is August 18, 2025. However, since this particular matter is a water permit application and not a monetary controversy in excess of $2,500.00 or termination of a property right the Acting Chief Engineer disputes the applicability of this provision and maintains that the hearing must be conducted by the Board.
As applicable, the following provides the legal authority and jurisdiction under which the hearing will be held and the particular statutes and rules pertaining to this application: SDCL 1-26-16 thru 1-26-28; SDCL 46-1-1 thru 46-1-9, 46-1-13 thru 46-1-16; 46-2-3.1, 46-2-9, 46-2-11, 46-2-17; 46-2A-l thru 46-2A-12, 46-2A-l 4, 46-
2A-15, 46-2A-20, 46-2A-2 l, 46-2A-23; 46-5-1.1, 46-5-2 thru 46-5-26, 46-5-30.2 thru 46-5-30.4, 46-5-31, 46-5-
32 thru 46-5-34.1, 46-5-38 thru 46-5-39, 46-5-46, 46-5-47, 46-5-49; 46-6-1 thru 46-6-3.1, 46-6-6.1, 46-6-10,
46-6-13, 46-6-14, 46-6-21, 46-6-26; and Board Rules ARSD 74:02:01:01 thru 74:02:01:25.02; 74:02:01:35.01.
Published once on August 7, 2025, at the total approximate cost of $80.05 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com