Notice of Application NOS. 2771-2 and 2772-2 to Appropriate Water

Notice of Application 

NOS. 2771-2 and 2772-2 to Appropriate Water

Notice is given that Milligan Mace Boies Flannery LLC, c/o Tom Milligan, PO Box 32, Hooper NE 68031 has filed the following applications for a water permit.

Application No. 2771-2 proposes to appropriate 1.25 cubic feet of water per second (cfs) from two wells to be completed into the Arikaree Aquifer (120 feet deep) located in the SW 1/4 SE 1/4 Section 19 and the NW 1/4 NE 1/4 Section 30 for irrigation of 80 acres located in the S 1/2 SE 1/4, SE 1/4 SW 1/4 Section 19 and N 1/2 NE 1/4 Section 30; all in T38N-R28W. Water Right No. 444-2 authorized irrigation of portions of this acreage from Antelope Creek. The applicant is requesting a diversion rate greater than the statutory limit of 1 cfs per 70 acres. 

Application No. 2772-2 proposes to appropriate 0.62 cfs from one additional well to irrigate acres authorized by Water Right Nos. 1258-2 and 1915-2. Water Right Nos. 1258-2 and 1915-2 combined, appropriate 1.27 cfs from the same well located in the SW 1/4 NW 1/4 Section 29-T38N-R28W for irrigation of 89 acres located in the SE 1/4 NE 1/4, NE 1/4 SE 1/4 Section 30, SW 1/4 NW 1/4, W 1/2 SW 1/4 Section 29; all in T38N-R28W. This application proposes to appropriate 0.62 cfs from an additional well to be completed into the Arikaree Aquifer (110 feet deep) located in NW 1/4 SW 1/4 Section 29-T38N-R28W. This application, if approved, and Water Right Nos. 1258-2 and 1915-2 will authorize a total of 1.89 cfs for irrigation of 89 acres.

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application Nos. 2771-2 and 2772-2 with qualifications because 1) unappropriated water is available, 2) existing rights will not be unlawfully impaired, 3) it is a beneficial use of water, and 4) it is in the public interest. The Chief Engineer’s recommendations with qualifications, the applications, and staff report are available at 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 these applications or recommendations must file a written petition with BOTH the applicant and Chief Engineer. The applicant must file a petition if contesting the Chief Engineer’s recommendations. 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 October 16, 2017.

The petition may be informal, but must include a statement describing the petitioner’s interest in the applications, the petitioner’s reasons for opposing or supporting the applications, 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 recommendations of the Chief Engineer and no petition to oppose the applications is received, the Chief Engineer shall act on the applications pursuant to the recommendations with no hearing held before the Water Management Board. If a petition opposing the applications or contesting the recommendations is filed, then a hearing will be scheduled and the Water Management Board will consider these applications. Notice of the hearing will be given to the applicant and any person filing a petition.

Steven M. Pirner, Secretary, Department of Environment and Natural Resources.

Published once at the total approximate cost of $45.54

Published: October 4, 2017

PO Box 229, Mission, SD 57555 • 605-856-4469 • This email address is being protected from spambots. You need JavaScript enabled to view it.