NOTICE OF FLOOD CONTROL APPLICATION NO. FC39-3
NOTICE OF FLOOD CONTROL APPLICATION NO. FC39-3
Notice is given that the Upper Minnesota River Watershed District, 211 2nd Street SE, Ortonville, MN 56278, has filed a flood control permit application for the Whetstone River Restoration Project (Preferred Alternative 2B). This project involves restoring ecological services, including fish passage, by returning flows to the historical Whetstone River channel beginning in the NE1/4SE1/4 Section 17-T121N-R46W and running approximately one mile to the Whetstone River’s confluence with the Minnesota River. In the late 1930s, the historical river channel was cut off by diverting Whetstone River flows through a bypass channel to augment water levels in Big Stone Lake. Diverting flows back to the historical river channel will be accomplished by constructing a weir (crest elevation approximately 972.2 feet mean sea level [NAVD 88]) on the bypass channel in the NE1/4SE1/4 Section 17-T121N-R46W. The restored, historical Whetstone River channel is intended to carry all flow up to a 2-year return period precipitation event with flows greater than a 2-year event entering Big Stone Lake and Minnesota River via the existing bypass channel. If constructed, this project will reduce flooding around Big Stone Lake by reducing flood flows entering the lake with downstream measures implemented, including levee construction and road enhancements/reconfiguration, to mitigate flooding risks to downstream property. Project works are located along the southeastern edge of Big Stone City, South Dakota, in the SE1/4 Section 17-T121N-R46W and into Minnesota. A digital copy of Flood Control Application No. FC39-3, including submitted plans and specifications, is available by contacting the acting Acting Chief Engineer at the address or phone number provided below.
Pursuant to SDCL 46-2A-2, the Acting Chief Engineer recommends APPROVAL of Application No. FC39-3 with qualifications because 1) the project will not increase the likelihood or severity of flood damages, 2) the project will not endanger human life or property, 3) the project will not impair existing water rights, 4) the District will be required to acquire property or the necessary easements prior to any development of the project , and 5) it is in the public interest to provide flood control while restoring fish passage through the project. The Acting Chief Engineer’s recommendation with qualifications, 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.
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 July 6, 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 July 6, 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.
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