South Dakota House Advances Bill Curbing Aquifer Overuse in Drought Fight

PIERRE — The South Dakota House Agriculture and Natural Resources Committee propelled HB 1103 forward to the House floor Thursday on a 9-4 vote, targeting groundwater overuse amid persistent drought stressing the state's ag economy. The bill mandates that annual withdrawals from any aquifer cannot exceed its average annual recharge, enforcing a 1978 state law provision long undermined by the 'greenhorn exception.' That rule permitted extra pumping authority even when draws outpaced refill rates, a practice lawmakers now seek to eliminate to protect supplies for perpetuity.

Agriculture, which dominates South Dakota's 43 million acres of farmland, relies heavily on these aquifers for irrigation amid recent dry spells hitting the James River Valley and eastern counties hardest. The Department of Agriculture and Natural Resources monitors over 1,550 observation wells and 164 stream gages to track availability, revealing strains where domestic uses — capped at 25,920 gallons per day or 25 gallons per minute without permits — take precedence over irrigation. Chief Engineer filings require detailed source data, diversion maps and fees, with amendments barred from boosting volumes that impair seniors' rights.

Supporters, including farm groups from Watertown to Rapid City, hail the reform as essential for sustaining corn, soy and cattle operations that pump billions of gallons yearly. The measure aligns with broader efforts like the Riparian Buffer Initiative, which pays landowners for 120-foot strips along waterways to cut sediment and nutrient runoff. As HB 1103 heads to debate, it underscores Pierre's push to balance growth against the aquifer safeguards many Western states lack.