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Foster County board approves subsurface water permit for Zink property with erosion-control conditions

Foster County Water Resource Board ยท February 11, 2026
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Summary

The Foster County Water Resource Board approved Subsurface Water Management System Permit Application No. 2026-0001 (applicant: Doug Zink / Zink Real Estate Limited Partnership) with three conditions including erosion-control measures and restoration of disturbed areas; the board also waived a conflict of interest for its counsel, Rinke Noonan.

The Foster County Water Resource Board voted Feb. 11 to approve Subsurface Water Management System Permit Application No. 2026-0001 for property owned by Doug Zink, subject to three conditions requiring erosion-control at all outlets, re-establishment of disturbed areas to previous conditions, and a permit amendment for any new or altered outlets or drainage that would affect additional acres. The motion to approve the permit was made by board member Alex Stedman and seconded by Ronn Stangeland; all four board members present voted in favor.

Before the permit vote, the board addressed a disclosed conflict of interest involving its legal firm, Rinke Noonan. The minutes state that Rinke Noonan presented a letter explaining why the board could agree to a waiver; Ronn Stangeland moved to waive the conflict and Alex Stedman seconded. Chairman Brent Bachmeier signed the waiver and the motion carried unanimously. The board directed Rinke Noonan to send the notice of decision to the Department of Water Resources and to the permit applicant, Doug Zink.

Engineer Jennifer Malloy, attending via Microsoft Teams, had previously identified a discrepancy in a Stream Crossing determination letter for Estabrook Township and told the board she had contacted state staff to verify the finding; the board held township mailings until Malloy receives confirmation. Malloy also described what the Department of Water Resources and the State Water Commission are seeking in project submittals for upcoming water development efforts.

The board's actions were recorded in the meeting minutes; the decision on Permit No. 2026-0001 imposes specific on-the-ground requirements and an amendment requirement so that future outlet changes or new outlets that increase drained acres must be approved as permit modifications. The board did not record any separate, recorded roll-call votes beyond the minutes' summary of "all in favor."