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NOTICE OF APPLICATION NOS. 7577-3 7578-3, 7579-3 and 7580-3 to Appropriate Water

Notice is given that Francis Heine, 412 Sterling, Vermillion SD 57069 has filed the following applications for a water permit.

Application No. 7577-3 proposes to appropriate 2.0 cubic feet of water per second (cfs) from one well to be completed into the Missouri:Elk Point Aquifer (100 feet deep) located in the SE 1/4 SW 1/4 Section 33 for irrigation of 70 acres located in the E 1/2 SW 1/4, SW 1/4 SW 1/4 Section 33; all in T92N-R51W. The applicant is requesting a diversion rate greater than the statutory limit.

Application No. 7578-3 proposes to appropriate 2.0 cfs from one well to be completed into the Missouri:Elk Point Aquifer (100 feet deep) located in the NE 1/4 SW 1/4 Section 21 for irrigation of 80 acres located in the S 1/2 NW 1/4, N 1/2 SW 1/4 Section 21; all in T92N-R51W. The applicant is requesting a diversion rate greater than the statutory limit.

Application No. 7579-3 proposes to appropriate 2.0 cfs from one well to be completed into the Missouri:Elk Point Aquifer (100 feet deep) located in the NW 1/4 SE 1/4 Section 9 for irrigation of 152 acres located in the E 1/2 SW 1/4, W 1/2 SE 1/4 Section 9; all in T92N-R52W.

Application No. 7580-3 proposes to appropriate 2.0 cfs from one additional well and to irrigate 60 new acres in conjunction with the acres authorized by Water Right No. 5435-3. Water Right No. 5435-3 authorizes 2.0 cfs from one well located in the NE 1/4 NW 1/4 Section 20 to irrigate 140 acres located in the SE 1/4 SW 1/4, SW 1/4 SE 1/4 Section 17 and the W 1/2 NE 1/4, E 1/2 NW 1/4 Section 20; all in T92N-R52W. This application proposes to construct an additional well to be completed into the Missouri:Elk Point Aquifer (100 feet deep) located in the SW 1/4 SE 1/4 Section 17 for irrigation of 60 new acres located in the E 1/2 SW 1/4, W 1/2 SE 1/4 Section 17 and E 1/2 NW 1/4, W 1/2 NE 1/4 Section 20; all in T92N-R52W. The applicant is requesting a diversion rate greater than the statutory limit.

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application Nos. 7577-3, 7578-3, 7579-3 and 7580-3 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. In accordance with SDCL 46-2A-23, the Chief Engineer will act on these applications, as recommended, unless a petition is filed opposing the applications or the applicant files a petition contesting the Chief Engineer's recommendations. 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 these applications. Notice of the hearing will be given to the applicant and any person filing a petition.

Any person interested in opposing or supporting these applications or recommendations must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendations. 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 March 11, 2013.

The petition may be informal, but must include a statement describing the petitioner's interest in the applications, the petitioner's reasons for opposing or supporting the applications, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained. Contact Eric Gronlund at the above Water Rights Program address to request copies of information pertaining to these applications. Steven M. Pirner, Secretary, Department of Environment and Natural Resources.
Published once at the total approximate cost of $46.17.
Published: March 1, 2013