City of Brandon: Notice of Hearing

 Notice of Hearing ____

NOTICE OF HEARING TO REVIEW FUTURE USE WATER PERMIT NOS. 6696-3 and 6697-3 

Notice is given that the Water Management Board will review Future Use Permit Nos. 6696-3 and 6697-3 held by the City of Brandon, c/o Bryan Read, City Administrator, PO Box 95, Brandon SD  57005 for progress made in the development of the water reserved by the permits and future plans for development of the water reserved.

Permit No. 6696-3 was approved in 2006 and currently reserves 1,227.7 acre-feet annually from the Big Sioux:South Aquifer.  Permit No. 6697-3 was approved in 2006 and currently reserves 697.4 acre-feet annually from the Split Rock Creek Aquifer.  The area of future use is located in the SW 1/4 Section 35-T102N-R48W and the NW 1/4 Section 2-T101N-R48W.  The water is reserved for municipal use.   

Pursuant to SDCL 46-2A-2 the Chief Engineer of the Water Rights Program recommends that Permit Nos. 6696-3 and 6697-3 REMAIN in EFFECT for 1,227.7 acre-feet annually and 697.4 acre-feet annually because 1) the reserved water may be developed, 2) there is need for the reserved water 3) the proposed use will be a beneficial use and 4) it is in the public interest.

The Water Management Board will conduct the hearing to review Future Use Permit Nos. 6696-3 and 6697-3 at 10:00 am, February 26, 2020, Floyd Matthew Training Center, Joe Foss Bldg, 523 E Capitol, Pierre SD.

The recommendation of the Chief Engineer is not final or binding upon the Board and the Board is authorized to 1) allow the permits to remain in effect, 2) amend the permits by adding qualifications, 3) cancel the permits for no development or no planned future development, or 4) take no action after it reaches a conclusion based upon facts presented at the public hearing.  

Any interested person who may be affected by a Board decision and who intends to participate in the hearing before the Board and present evidence or cross-examine witnesses according to SDCL 1-26, must file a written petition with BOTH the permit owner and the Chief Engineer by February 14, 2020.  The Chief Engineer’s address is “Water Rights Program”, Joe Foss Building, 523 E Capitol Ave, Pierre SD  57501 (605 773-3352) and the permit holder’s mailing address is given above.  The petition may be informal, but it must include a statement describing the petitioner’s interest in the future use permits, the reasons for petitioner’s opposition to or support of continuing the future use permits, and the signature and mailing address of the petitioner or his legal counsel if legal counsel is obtained.  The permit owner need not file a petition.

The hearing to review Future Use Permit Nos. 6696-3 and 6697-3 will be conducted pursuant to the provisions of SDCL 46-1-14, 46-2-5, 46-2-9, 46-2-11, 46-5-38.1; Board Rules ARSD 74:02:01:25.01 thru 74:02:01:25.03 and contested case procedures contained in SDCL 1-26.

This hearing is an adversary proceeding.  The permit owner or any person, after filing a petition, has the right to be present or to be represented by a lawyer.  These and other due process rights will be forfeited if they are not exercised.  Decisions of the Board may be appealed to the Circuit Court and State Supreme Court as provided by law.

Any person wishing a copy of the Chief Engineer’s recommendations, further information on the permits, to assure access to the hearing by the handicapped or obtain an interpreter for the hearing impaired may contact Eric Gronlund, Water Rights Program, (605 773-3352) by February 14, 2020.  The time of the hearing will be automatically delayed for at least 20 days upon written request of the permit owner or any person who has filed a petition to oppose or support continuance of the Future Use Permits.  The request for a delay must be filed with the Chief Engineer by February 14, 2020.  

According to SDCL 1-26-18.3, parties to a contested case may use the Office of Hearing Examiners to conduct a hearing if either a property right is being terminated or the dollar amount in controversy exceeds $2,500.00.  If any party chooses to use the Office of Hearing Examiners rather than the hearing procedure described above, then you need to notify the Chief Engineer (Water Rights Program 523 E Capitol Ave, Pierre SD) by January 27, 2020.  

Published once at the approximate cost of $38.68

January 15, 2020