U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Dusty Johnson (R-S.D.) Tuesday (Dec. 8, 2020) applauded the U.S. Army Corps of Engineers’ decision to pursue a water supply policy that is better aligned with traditional state water access rights and ensures that states will be able to access water in the Missouri River, to which they are entitled. The Corps rescinded the June 10, 2008, Real Estate Policy Guidance Letter No. 26: Easements to Support Water Supply Storage Agreements and Surplus Water Agreements, which will ensure alignment with newly updated policy, guidance, and processes for review of water supply withdrawal requests.
“Rescinding this policy letter takes another important step toward restoring traditional access to the Missouri River for states like South Dakota without undue interference from the federal government,” said Thune. “I’ll continue to work with the state and the Corps to ensure that state access rights are permanently preserved.”
“The Corps’ decision to rescind this policy letter will ease the regulatory burden on state, tribal and local governments,” said Rounds. “South Dakotans are best equipped to determine how to use the water within their borders, not the federal government. This decision shows that the Corps’ is finally listening to our concerns. Additionally, I’m grateful that the Chief of Engineers took action to expedite the permit request process, which will be of great benefit to the people of South Dakota. This is a positive step forward, but there is more work to be done to preserve state water appropriation rights. I will continue working with Corps’ leadership on this complex but vital issue for our state.”
“South Dakotans believe in local management,” said Johnson. “I’m grateful the U.S. Army Corps of Engineers rescinded this out-of-touch rule and recognized the state’s rights to access the Missouri River water.”
This decision builds on the delegation’s previous work to maintain South Dakota’s access to Missouri River water, including provisions in the Water Resource Development Acts of 2014 and 2018. In September, Thune and Rounds joined their colleagues in sending a letter to the Corps requesting they pause their Water Supply Rule, which the administration subsequently withdrew. These collective actions have taken critical steps toward reducing federal control over domestic, municipal, and industrial water supply and further restoring the traditional framework for state water access through real estate easements rather than onerous water supply contracts.
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