By Watertown Current - April 2, 2026 in NOTICE OF HEARING on Application No. 9019-3 to Appropriate Water
Notice is given that Jim or Dan Thyen, 46220 165th Street, Watertown SD 57201, have filed an application for a water permit to irrigate an additional 25 acres, from two existing wells authorized by Water Right No. 7975-3. Water Right No. 7975-3 authorizes 1.67 cubic feet of water per second (cfs) from two wells completed into the Antelope Valley Aquifer (52 – 54 feet deep) located in the SW 1/4 NW 1/4 Section 3 for irrigation of 117 acres located in the NW 1/4, NE 1/4 SW 1/4 Section 3; all in T119N-R51W. The application proposes to irrigate an additional 25 acres located in the N 1/2 NW 1/4, NE 1/4 SW 1/4 Section 3-T119N-R51W, with no increase to the 1.67 cfs diversion rate. This application, if approved, and Water Right No. 7975-3 will authorize a combined total of 1.67 cfs for the irrigation of 142 acres. This site is located approximately two and one-half miles north of South Shore SD.
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 DEFFERAL of Application No. 9019-3 pending Water Management Board action on a previously filed application, Application No. 8990-3 to reserve water from the Antelope Valley Aquifer. The Board’s decision on Application No. 8990-3 will impact the amount of water available for appropriation from the aquifer. At the time of hearing of this application by the Board, the Acting Chief Engineer’s deferral recommendation may be revised to either APPROVAL or DENIAL depending on the Board’s decision on previously filed Application No. 8990-3. The Acting Chief Engineer’s recommendation, the application, and staff report are available at https://danr.sd.gov/public or contact Amanda Dewell for this information, or other information, at the Water Rights Program address provided below.
The Water Management Board will consider this application at 2:30 PM (Central Time) on May 6, 2026, 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 April 13, 2026.
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 May 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 April 13, 2026. 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 April 13, 2026.
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 April 13, 2026. 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-1 thru 46-2A-12, 46-2A-14, 46-2A-15, 46-2A-20, 46-2A-21, 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 April 2, 2026, at the total approximate cost of $75.40 and can be viewed free of charge at www.sdpublicnotices.com and www.watertowncurrent.com.