House advances measure to reserve Missouri River water for Western South Dakota; tribal consultation concerns raised

The South Dakota House approved Senate Joint Resolution 501 on March 5, 2025, a legislative approval of a future‑use water permit application by the Western Dakota Regional Water System to reserve 20,765 acre‑feet per year from the Missouri River.

Representative Peterson, who carried the resolution, said the permit is an early but necessary step toward planning long‑term water infrastructure for western South Dakota. "This permit is a necessary first step in developing the infrastructure needed to serve future generations," he told the chamber, adding the application met state law criteria for issuance.

Floor debate included lengthy discussion about tribal water rights and consultation. Representative Poirier and other members from tribal counties said South Dakota lacks a formal government‑to‑government consultation framework and warned the measure should not move forward until tribes are properly engaged. Poirier noted tribes hold senior water rights under the Winters Doctrine and argued those rights need to be respected through formal consultation.

Supporters, including Representatives Duffy, Fitzgerald, and Ladner, emphasized the project—s long timeframe and argued the resolution merely reserves water for potential future use; it does not authorize construction or application of the water to beneficial use. Representative Odenbach described the floor vote as step one in a process that leaves major decisions, including construction and distribution, for later deliberations.

The House voted 44 ayes to 26 nays to approve SJR 501. Backers said the resolution protects the state's ability to plan for water needs in the dryer western half of South Dakota; critics said tribal consultation and the long‑term allocation of water require more formal negotiation and legal clarity before reservations are made.