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East Dakota water manager urges filing Antelope Valley permit now, cites technical gaps in rights analysis
Summary
Jay Gilbertson, manager for the East Dakota water district and former state geologist, told the Milbank council that the city should keep its Antelope Valley water-permit option because the water-rights report does not account for flow variability and priority, and because future needs are uncertain.
Jay Gilbertson, identified in the record as manager for the East Dakota water district and a former state geologist, submitted a letter and summarized technical questions about the Antelope Valley water-rights report during the March 30 Milbank City Council special meeting.
Gilbertson told the council the report understates hydrologic complexity, saying "they are not filling up a swimming pool" to emphasize that flow directions vary and the city’s calculations did not capture lateral movement and priority effects. He warned that Milbank would be last in priority on the system and that the report provides no certainty about when water might be required.
Gilbertson also noted water-quality contingency: if Whetstone water is impaired for conductivity, Milbank could need a higher-quality supply. Based on those uncertainties he recommended filing for the permit now as a precaution; council members cited a 7-to-20-year horizon for potential need, a requirement to have legal representation in Pierre to pursue the permit, and a small renewal fee every seven years if the permit is granted.
The council subsequently voted to keep the application active. The meeting began at 12:00 p.m. at the Milbank Visitor Center and adjourned at 1:20 p.m.
