Quote from DANR public notice:
“Notice is given that the City of Custer, 622 Crook Street, Custer SD 57730, has filed an application for a water permit to impound an additional 22.5 acre-feet of water, in Custer West Dam, located on French Creek, to what is currently authorized by Water Right No. 298-2 & Water Permit No. 2878-2. Water Right No. 298-2 authorizes the impoundment of 30 acre-feet of water by the dam, and Water Permit No. 2878-2 authorizes the impoundment of 47.5 additional acre-feet of water and authorized reconstruction of the dam, located in the NE 1/4 SE 1/4 Section 27, with water to be impounded in the N 1/2 SE 1/4 Section 27; all in T3S-R4E. If approved, this application, Water Right No. 298-2, and Permit No. 2878-2, would authorize the impoundment of sufficient water annually to maintain water to the primary outlet elevation of 5,348.0 feet mean sea level. The normal pool storage capacity at the primary spillway elevation will be 100 acre-feet of water, with water to be used for recreation, fish & wildlife propagation, and public safety purposes. This site is located in the southwest part of the City of Custer, SD.”
Discussion:
We are concerned about appropriation of French Creek waters, as it will likely lessen flows downstream, which is already considerably lower in the location of sewage wastewater discharge than what was indicated in Custer’s 2020 Permit application’s justification. This would mean pollution is not as diluted as projected.
We are also concerned about flows down in Custer State Park, where French Creek flows through rocky area, that used to support American dippers but doesn’t any more. Did we lose dippers due to up-stream dams and thus reduced flows and/or upstream sewage discharge (water pollution)?
More quotes from DANR
“Any person interested in opposing this application or recommendation shall allege that the application, upon approval, will cause injury to the person that is unique from any injury suffered by the public in general. The injury must concern a matter either within the regulatory authority found in SDCL 46-2A-9 for approval or denial of the application, or other matter concerning the application within the regulatory authority of the board to act upon as defined by SDCL 46-2-9 and 46-2-11, or both. Any person meeting the petitioner requirements and wishing to be a party of record in a contested case hearing shall file a written petition to oppose the application with BOTH the applicant and Acting Chief Engineer. A petition opposing the application shall be filed on a form provided by the Acting Chief Engineer. The petition form is available online at https://danr.sd.gov/public or by contacting the Acting Chief Engineer. The Acting Chief Engineer’s address is “Water Rights Program, Foss Building, 523 E Capitol, Pierre SD 57501” or call (605) 773-3352. The applicant’s mailing address is given above. If contesting the Acting Chief Engineer’s recommendation, the applicant shall also file a petition. A petition filed by either an interested person or the applicant must be filed by November 24, 2025. The petition shall include a statement describing the unique injury upon approval of the application on the petitioner, the petitioner’s reasons for opposing the application, and the name and mailing address of the petitioner or the petitioner’s legal counsel, if legal counsel is obtained.
Any interested person may file a comment on the application with the Acting Chief Engineer. The comment shall be filed on a form provided by the Acting Chief Engineer and is available online at https://danr.sd.gov/public or by calling (605) 773-3352 or writing the Acting Chief Engineer at the address provided above. Filing a comment does not make the commenter a party of record or a participant in any hearing that may be held. Any comment must be filed by November 24, 2025.
If the applicant does not contest the recommendation of the Acting Chief Engineer and no petition to oppose the application is received, the Acting 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”
