Water Issue at Bear Butte

[sarahlee]

The email below, from Nancy Kile, is to contest a permit applied for by one of the large venue developers out by Bear Butte. Pass along the information or help her as you are able. Her email is beow, with her address. Thank you. Deb
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Notice is given that Jay Allen, 16399 SE Harrold Avenue, Milwaukie, OR 87267 has filed an application for a water permit to appropriate 0.19 cubic feet of water per second from one well completed into the Inyan Kara Aquifer (1600 feet deep). The water is for commercial use at a campground and coin operated water service.

Any person interested in opposing or supporting this application must file a written petition with BOTH the applicant (a copy of your letter must be sent to Jay Allen the same day that you send it to the Water Rights Program) and Chief Engineer. 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 Oct. 2, 2006. 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.

The Water Management Board will consider this application at 9 AM, Oct. 11, 2006 in the Visitor Center (west side of Capitol Lake) 650 E. Capitol Ave., Pierre, SD. The Chief Engineer’s recommendation is not final or binding upon the Board. The Board is authorized to 1) approve, 2) approve with qualifications, 3) defer, or 4) deny this application based on the facts presented at the public hearing. The Oct. 11, 2006 hearing date will be automatically delayed for at least 20 days upon WRITTEN request to the Chief Engineer form the applicant or any interested person opposing the application. The request for an automatic delay must be filed by Oct. 2, 2006.

I am not making a written request for a 20 day delay for travel logistic reasons, both Lippold and Allen’s water application hearing is scheduled for Oct. 11 at 9AM in Pierre. The next Water Board hearing is on or around Dec. 9th??, travel then could be dicey. My reasoning is I might as well attend the hearing on the same day, the two birds with one stone thing. What follows is my petition (letter) for your consideration and use as a prototype if you so desire. The Water Management Board needs to hear from us, locally and regionally. nk9/27/06

----------------------------------------------September 27, 2006

Petition to contest the recommendation for approval by the Chief Engineer of Application No. 1865-1 for a water permit to appropriate 0.19 cubic feet of water per second from one well to be completed into the Inyan Kara aquifer.

Before the SD Water Management Board

Decision maker:

Chief Engineer's
Water Rights Program,
Foss Building,
523 E Capitol,
Pierre SD 57501
(605 773-3352)

Petitioner:
Nancy Kile
2614 Moose Dr.
Sturgis, SD
605-720-0282 home
[email protected]

Notice of Petition to Contest Approval of Ground Water Permit Application:

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 1865-1 because 1) there is reasonable probability that there is unappropriated water available for the applicant's proposed use, 2) the proposed diversion can be developed without unlawful impairment of existing rights, 3) the proposed use is a beneficial use and, 4) it is in the public interest with the following qualifications.

1.) The well approved under this Permit will be located near domestic wells and other wells which may obtain water from the same aquifer. The well owner under this Permit shall control his withdrawals so there is not a reduction of needed water supplies in adequate domestic wells or in adequate wells having prior water rights.


I petition for relief from the decision for approval of Application No. 1865-1 for a water permit to appropriate 0.19 cubic feet of water per second from one well to be completed into the Inyan Kara (approximately 1600 feet deep) located in the SE 1/4 SW 1/4 SW 1/4 Sec.1, -T6N-R5E , Meade County. The water is for commercial use at a campground and a coin operated water service.


STANDING STATEMENT

My name is Nancy Kile, I live in Meade County and own my home within the municipality of Sturgis, SD.

I with my family use Bear Butte Mountain for spiritual practices as well as Bear Butte Lake for recreation. Bear Butte is very important to Native Americans and the campground expansion with an outdoor concert venue of this magnitude will increase impacts of our use of this special and unique area. The increased impacts from the rally industry campground facilities that crowd the rural landscape around and on Bear Butte could affect ground water levels.

STATEMENT OF REASONS

I intend to demonstrate that the approval is not in the public interest.

LARGE CONCERT VENUE

The Chief Engineer stated that:
"Therefore adverse impact to domestic wells is not probable."

Western South Dakota is suffering from the effects of the worst drought in a generation. Extension livestock educators are concerned that it will take a long time for water levels to catch up to conditions that will ensure safe drinking water for livestock, wildlife and people. When water levels go down conditions for fecal mater contamination exist. Past as well as present time regional reports tell us that viral and bacterial infections have made tourists sick at camp grounds.

As a Meade County resident I require solid documented reassurance about how state and local agencies plan to monitor ground water cumulative impacts to private wells in the future. Drought and multiple campground water consumption create conditions that require more than a "week to pray for rain", as was requested by Gov. Rounds this past July 2006. Glencoe Camp Resort owner Gary Lippold and Sturgis County Line owner Jay Allen have both violated federal clean water law which leads me to question local and state agency as well as business owner attention for public safety.

IMPACTS TO BEAR BUTTE LAKE and SPRING CREEK:

Bear Butte Lake suffers from fish kills and low water levels and in the past artesian wells were used to keep water levels up. Depletion of the ground water in the area may limit the future potential to once again use ground water to fill up the lake. As water levels drop in stock ponds, concentrations of total dissolved solids, sulphate and sodium rise, these conditions make the water unsafe for livestock and wildlife to drink. Furthermore concern for private well contamination cannot be ignored in light of the six year long severe drought conditions Meade County residents are faced with.

POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS: watersheds and wetlands:

This development will adversely impact the natural serenity and tranquility needed for cultural and ceremonial visitation to Bear Butte. Preserving natural resources as well as protecting the needs of all people who use Bear Butte's beautiful natural setting for peaceful enjoyment is important to Meade County rural resident conservation efforts.

RELIEF REQUESTED

Please do not approve the permit application.

Respectfully,

Nancy Kile

cc:
Jay Allen
16399 SE Harrold Avenue
Milwaukie, OR 87267

Deb McIntyre, Director
South Dakota Peace & Justice Center
PO Box 116
Sioux Falls, SD 57101
www.sdpjc.org