The Big Sioux Water System received a large water use permit in May. The aquifer from which the water is drawn lies in Lake and Moody counties. The permit allows the use of 117.3 million gallons of water annually from a new well to be constructed.
The water system permit decision issued by the state, and the state’s supporting report in favor of the permit application, are a failed effort to balance different statutes which direct the state’s duties in the management of public waters. In administrative law, it is often the case that overlapping statutes and administrative rules are to be considered.
Under this application, state water law was not correctly applied. State Department of Agriculture and Natural Resources staff in its record on the application noted there are “uncertainties” in the hydraulic budget of the waters to be used…