Landowners near Wahpeton and the Dakota Resource Council are asking the North Dakota Department of Water Resources to reopen a challenge to a water agreement that would provide up to 500,000 gallons a day for a planned 12,500-head dairy in southeastern North Dakota.
The dispute could shape how the Wahpeton Buried Valley Aquifer is used for years to come, and whether nearby residents get a full hearing when they raise concerns about shared groundwater supplies, Agweek reported.
Here's what to know
Before an evidentiary hearing set for Aug. 12-13 could take place, an administrative law judge dismissed the challenge on July 30.
The case involves a water arrangement that would deliver up to 500,000 gallons a day to a planned 12,500-head dairy operated by Minnesota-based Riverview, LLP.
In a filing dated Aug. 11, eight rural landowners from Richland and Wilkin counties, along with the Dakota Resource Council, asked the North Dakota Department of Water Resources to reconsider that decision.
Their position is that the case was cut off before they could offer evidence about how the project might affect the Wahpeton Buried Valley Aquifer, where they say water levels have been falling.
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They also assert that they have standing because their wells tap the same groundwater system used by Wahpeton and the proposed dairy.
The state, by contrast, argued that they were not Wahpeton residents and had not yet suffered harm.
More background
According to Wahpeton Public Works Director Dennis Miranowski, Southeast Water Users built a transmission line from the city's booster station to the proposed dairy, and Wahpeton supplies that system through its new well field and booster station.
"They will be getting water from our booster station," Miranowski explained. "Southeast transmits it up to the dairy."
He also noted that the agreement between Wahpeton and Southeast allows up to 500,000 gallons per day to be provided, and that the city submitted a feasibility study to the Department of Water Resources before entering into the arrangement.
Miranowski also said that Wahpeton is still operating within its state-approved water allocation.
Landowners in the area have raised concerns that more groundwater withdrawals could affect the aquifer they depend on, as well as nearby wells.
What's being done?
In their request, the landowners and the Dakota Resource Council want the Department of Water Resources to overturn the dismissal and allow the dispute to proceed to an evidentiary hearing.
The Department of Water Resources declined to comment, citing ongoing litigation.
"We're not asking them to rule in favor of our case, but we are asking them to listen to us," Dakota Resource Council organizer Sam Wagner said. "Or have a day in court."
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