NOTICE OF APPLICATION NOS. 7661-3 and 6895A-3 to Appropriate Water
Notice is given that Gary or Amy Freeburg, Box 188, Gayville SD 57031 has filed the following applications for a water permit.
Application No. 7661-3 proposes to appropriate 2.22 cubic feet of water per second (cfs) from an additional well to irrigate land authorized by Water Right No. 6644-3 and 24 new acres. Water Right No. 6644-3 authorizes 3.22 cfs from one well located in the SW 1/4 NW 1/4 Section 30 to irrigate 378 acres located in the W 1/2, W 1/2 NE 1/4, W 1/2 SE 1/4 Section 30; all in T93N-R52W. This application proposes to appropriate 2.22 cfs from a well to be completed into the Missouri:Elk Point Aquifer (100 feet deep) located in the NE 1/4 NW 1/4 Section 30 for irrigation of 24 acres located in the W 1/2, W 1/2 NE 1/4, W 1/2 SE 1/4 Section 30; all in T93N-R52W. This will allow two pivots to operate simultaneously. This permit, if approved, and Water Right No. 6644-3 will authorizes 5.44 cfs from two wells to irrigate 402 acres.
Application No. 6895A-3 proposes to reinstate Permit No. 6895-3. Permit No. 6895-3 appropriates 1.56 cfs from one well to be completed into the Missouri:Elk Point Aquifer (approximately 90-120 feet deep) located in the S 1/2 SW 1/4 Section 33 to irrigate 140 acres located in the S 1/2 SW 1/4 Section 33-T93N-R52W and N 1/2 NW 1/4 Section 4-T92N-R52W. The permit was approved November 26, 2007, and the project was to be completed November 26, 2012, with water being put to beneficial use by November 26, 2016. Application No. 6895A-3 proposes to reinstate Water Permit No. 6895-3 since the project has not been completed. Approval of No. 6895A-3 will cancel No. 6895-3.
Application No. 6895A-3 to reinstate Permit No. 6895-3 is made pursuant to SDCL 46-2A-8.1 which allows for reinstatement with a new priority date, if unappropriated water is available when construction, necessary to put water to beneficial use, is not completed within five years of approval of the permit.
Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application Nos. 7661-3 and 6895A-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 April 8, 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 $45.35.
Published: March 29, 2013