DENR Prepares James River Water Right Holders for Possible

Drought-Related Shutoff Orders

(Pierre) – The state Department of Environment and Natural Resources (DENR) recently mailed advisory letters alerting 64 holders of surface water permits that dry conditions in the James River basin may force the department to issue shutoff orders later this spring.  State water right law gives domestic use, which includes livestock watering, the highest priority and also authorizes the department to issue orders to limit or shut off the use of water to protect these higher priority uses.

The letters were sent to all irrigators, industrial/commercial users, and state and federal agencies that hold surface water right permits and use water from the James River between the North Dakota border to the Hutchinson-Yankton county line. 

“Recent rains have helped the flows in the James River, but without a lot more precipitation, flows will quickly diminish,” said DENR Secretary Steve Pirner.  “If conditions deteriorate to a drought emergency, DENR will issue shutoff orders, and we wanted to provide advance notice of that possibility to James River water users.”  

Two of the most junior surface water right permit holders above Huron have been sent shut off orders to remind them that their permits require at least 63 cfs (cubic feet per second) of flow at the Third Street dam in Huron before they can divert water.  A third permit holder, also issued a shut off order, is required to bypass 60 cfs at the Third Street dam.  However, flows have never been that high yet this spring. These bypass requirements are to protect more senior water rights.

Garland Erbele, chief engineer of the DENR Water Rights Program, explains, “With the dry winter and spring, James River flows have never increased to their normal spring levels.  While normal spring flows at the Third Street dam in Huron are greater than 500 cfs, the current flow is only around 55 cfs and that is about the highest it’s been all spring. Without appreciable amounts of rain, the James River will remain at critically low levels.  Should flows continue to drop, shutoff orders for more senior water permit holders may also be issued. The shut off orders would remain in effect until flows recover.”

Shutoff orders were last issued on the James River in April 1992 and remained in effect for most of the irrigation season. Water right holders should closely monitor water usage and do their best to avoid wasting water.

For more information on river flows in South Dakota, visit sd.water.usgs.gov and click on “Realtime streamflow data via satellite” or contact DENR’s Water Rights Program at 1-800-GET-DENR.  For more information on water use and water rights in South Dakota, visit www.state.sd./denr/des/waterrights/waterprg.htm. 

NOTE:  A copy of the letter sent by DENR is available upon request by calling Mark Rath at 773-3352.