NOTICE OF APPLICATION NO. 8990-3 to Reserve Water for Future Use
NOTICE OF APPLICATION NO. 8990-3 to Reserve Water for Future Use
Notice is given that City of Milbank, 1001 E 4th Avenue, Suite 301, Milbank, SD 57252-2657, has filed an application for a future use water permit. Application No. 8990-3 proposes to appropriate and reserve for future use 1,120 acre-feet of water annually from the Antelope Valley Aquifer. The area to be reserved for future use is Section 21 and 22; all in T120N-R51W. The water is to be reserved as a future water supply for municipal and water distribution system use by the City of Milbank, in Grant County. Approval of this application would not authorize construction of works or application of water to beneficial use. This site is located approximately fifteen miles southwest of Milbank SD, near Myers Lake.
Pursuant to SDCL 46-2A-2, the Acting Chief Engineer recommends APPROVAL of Application No. 8990-3 because 1) there is reasonable probability that there is unappropriated water available for the applicant’s proposed use, 2) the City of Milbank has demonstrated a reasonable need for the water reserved, 3) the proposed use is a beneficial use and 4) it is in the public interest as it pertains to matters within the regulatory authority of the Water Management Board. 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.
Any person interested in opposing this application or recommendation 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 February 9, 2026.
The petition 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.
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 February 9, 2026.
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 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.
