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Senate approves SJR 501 to support Western Dakota Regional Water System future-use permit
Summary
The South Dakota Senate passed Senate Joint Resolution 501 to back a future-use water permit request by the Western Dakota Regional Water System for 20,765 acre-feet per year; the measure passed 31-4 after debate over tribal consultation and water rights.
The South Dakota Senate on final passage approved Senate Joint Resolution 501, a legislative endorsement for a future-use water permit application by the Western Dakota Regional Water System for 20,765 acre-feet per year from the Missouri River, by a vote of 31 yeas and 4 nays.
Sponsor Senator David Duhamel said the measure is intended to secure long-term water supplies for the western half of the state amid drought. "Water is life. Nothing is more basic or important," Duhamel said, noting a 2025 U.S. Geological Survey finding that much of South Dakota is experiencing drought.
The resolution asks the Legislature to approve a future-use water permit application that state law requires for proposed appropriations exceeding 10,000 acre-feet per year. Duhamel told colleagues the application follows a recommendation from the Water Management Board and still requires final board approval and federal steps, including congressional authorization for a feasibility study.
Opponents said tribal consultation was insufficient. Senator Claire Foster said she would "be standing in opposition to this, voting no without clear support with the tribes," warning the state could face legal challenges because tribal claims to Missouri River water may predate statehood. Senator Smith likewise said tribes "need to be at the table" because of treaty considerations.
Other senators urged support, saying the application was the Water Management Board’s recommendation and part of long-term planning. Senator Divert, who said he has overseen the water board’s work as legislative oversight, said the board "really do know what they're doing" and commended bringing a narrowed request to the Legislature rather than a much larger permit that would not have required legislative review.
The question before the chamber was final passage of SJR 501; the roll call produced 31 yays and 4 nays and the resolution was declared passed. The resolution now awaits final action by the Water Management Board on the permit application and federal engagement for study authorization.
