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NOTICE OF APPLICATION NOS.

NOTICE OF
APPLICATION NOS. 8048A-3 and 8048B-3

Notice is given that Rockport Hutterian Brethren c/o Donny Wipf, 26209 Rockport Rd, Alexandria SD 57311 has filed applications to amend Water Permit No. 8048-3 by transferring irrigated acreage and diversion rate authority. Water Permit No. 8048-3 authorizes 5.35 cubic feet of water per second (cfs) from the James River located in the NW 1/4 NE 1/4 Section 6-T101N-R58W to irrigate 469 acres located in the N 1/2 Section 36 and the S 1/2 Section 35; all in T102N-R59W.
Application No. 8048A-3 proposes to move the location of 208 of the 469 acres approximately 1/2 mile south with the James River diversion point remaining the same and the 208 acres to be located in the NW 1/4, W 1/2 SW 1/4 Section 2-T101N-R59W. The diversion rate authority to be transferred will be 2.37 cfs.
Application No. 8048B-3 proposes to move the location of 37 of the 469 acres approximately 1 1/2 miles southeast with the James River diversion points located between the NW 1/4 NE 1/4 Section 6 and SE 1/4 Section 7-T101N-R58W and the 37 acres to be located in the NE 1/4 NE 1/4 Section 1-T101N-R59W, S 1/2 NW 1/4, NE 1/4 SW 1/4 Section 6; W 1/2 SW 1/4 , SE 1/4 SW 1/4 Section 7; all in T101N-R58W. The diversion rate authority to be transferred will be 0.50 cfs.
The water sources for both systems is the James River and no increase in the diversion rate for number of acres irrigated is authorized by these applications. The remaining 217 acres authorized by Water Permit No. 8048-3 are located in the N 1/2 Section 36-T102N-R59W and will retain the diversion rate authority of 2.48 cfs.
State Law (SDCL 46-5-34) allows an irrigation water right to be severed from one parcel of land and simultaneously transferred to another parcel if it is impractical to use all or any part of the water beneficially or economically for irrigation of the current land. Mr. Wipf indicates his justification for Application No. 8048A-3 is the land is more suitable for irrigation. Application No. 8048B-3 is being transferred to small parcels of land to make the best utilization of the remaining acreage.
Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application Nos. 8048A-3 and 8048B-3 with qualifications because 1) existing rights will not be unlawfully impaired, 2) it is a beneficial use of water, and 3) it is in the public interest. The Chief Engineer's recommendation with qualifications, the application, and staff report are available at http://denr.sd.gov/public or contact Eric Gronlund for this information, or other information, at the Water Rights Program address provided below.
Any person interested in opposing or supporting this application or recommendation must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer's recommendation. 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 December 9, 2019.
The petition may be informal, but must include a statement describing the petitioner's interest in the application, the petitioner's reasons for opposing or supporting the application, and the signature and mailing address of the petitioner or the petitioner's legal counsel, if legal counsel is obtained.
If the applicant does not contest the recommendation of the Chief Engineer and no petition to oppose the application is received, the 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.
Published once at the total approximate cost of $103.78