Notice of Application No. 2760-2 to Appropriate Water: Butch Fanning

Notice of Application No. 2760-2 to Appropriate Water

Notice is given that Daniel and Paulette Fanning, 28885 237th Ave, Martin SD 57551 have filed an application for a water permit to irrigate 10 acres and to change the location of a diversion point and acreage currently authorized by Water Permit No. 2735-2. Water Permit No. 2735-2 authorizes 3.79 cubic feet of water per second (cfs) from two wells completed into the Ogallala Aquifer (460 and 450 feet deep) located in the NE 1/4 SW 1/4 and the SW 1/4 NE 1/4 Section 6 for irrigation of 260 acres located in the SW 1/4, S 1/2 NW 1/4, SW 1/4 NE 1/4 Section 6; all in T37N-R34W. The applicant is proposing to reconfigure the irrigation system to accommodate two 135 acre center pivot systems located in the W 1/2 Section 6-T37N-R34W. A portion of the 260 acres authorized by No. 2735-2 and the 10 additional acres will be located in the N 1/2 NW 1/4 Section 6-T37N-R34W. This application also proposes moving the diversion point to be located in the SW 1/4 NE 1/4 Section 6 to the approximate center of the NW 1/4 Section 6; all in T37N-R34W. This application, if approved, and Water Permit No. 2735-2 will authorize a total diversion rate of 3.79 cfs from two wells for irrigation of 270 acres.

Pursuant to SDCL 46-2A-2, the Chief Engineer recommends APPROVAL of Application No. 2760-2 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 recommendation with qualifications, the application, 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 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 July 24, 2017.

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.

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

Published once at the total approximate cost of $40.02

Published: July 12, 2017

502 Second Avenue, Martin, SD 57551 • 605-685-6866 •