NOTICE OF APPLICATION NO. 8438-3 TO APPROPRIATE WATER Blooming Valley Dairy LLC

NOTICE OF APPLICATION NO. 8438-3 TO APPROPRIATE WATER

Notice is given that Blooming Valley Dairy LLC, c/o Joshua TeVelde, 1515 Windermer Circle, Brookings SD  57006 has filed an application for a water permit to appropriate 120 acre-feet of water annually and to increase the diversion rate authorized by Water Right No. 6100-3 by 0.289 cubic feet of water per second (cfs) plus replace two wells.  Water Right No. 6100-3 authorizes 0.267 cfs from four wells located in the W 1/2 SW 1/4 Section 10-T121N-R52W.  This application requests to replace the two wells located in the SW 1/4 SW 1/4 Section 10 with two wells to be completed into the Prairie Coteau Aquifer (100 feet deep) located in the SW 1/4 SE 1/4 Section 10; all in T121N-R52W.  This application, if approved, and Water Right No. 6100-3 will authorize a maximum pump rate of 0.556 cfs from four wells for commercial use at an existing dairy located in the SW 1/4 Section 10-T121N-R52W within the former boundaries of the Sisseton Wahpeton Indian Reservation.  This site is located approximately 6 miles southwest of Summit SD.  

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 8438-3 with qualifications because 1) unappropriated water is available, 2 ) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest.  The Chief Engineer’s recommendation with qualifications, the application, and staff report are available at http://denr.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 or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. The Chief Engineer's address is "Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501 (605 773-3352)” and the applicant's mailing address is given above.  A petition filed by either an interested person or the applicant must be filed by November 9, 2020.

The petition may be informal but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.  

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.