A House bill that would prevent taking more water from aquifers in the Black Hills than can be recharged by nature each year passed out of committee Thursday.
A 2025 study of water availability in the Black Hills indicates the aquifers that supply water to the region may not be keeping up with demand.
Rep. Scott Odenbach of District 31 is prime sponsor for House Bill 1103. The bill would remove what is known as the “greenhorn exception” from state water law. That’s the rule that gives the state additional discretion in permitting water withdrawal.
Because of the geography of South Dakota, the greenhorn exception only applies to bedrock aquifers in the Black Hills. Those aquifers are “below the greenhorn formation” where the water quantity and quality are harder to measure.
Odenbach said it’s time to balance the state’s water budget.
"Since 2020, especially in the Black Hills, leaders in this state have asked the entire world to move to South Dakota, and they listened. We’re putting in homes and developments and new uses and new wells as fast as we possibly can. As we do that, we need to be careful," Odenbach said addressing the House Agriculture and Natural Resources Committee. "We need to be proactive here as leaders of the people tasked with ensuring our kids and our grandkids inherit a South Dakota as good as the one we grew up in.
Opponents to the bill include the economic development group Elevate Rapid City and the South Dakota Department of Agriculture and Natural Resources.
Mark Mayer is the director of the Office of Water for the Department of Agriculture and Natural Resources. He said the greenhorn exception is there for a reason.
"The exception is grounded in science. No two aquifers are the same. That means the recharge estimates and the level of uncertainty change depending on the aquifer. In a deeper, older more expansive aquifer, recharge occurs over long timeframes — decades or more — with slower movement and complex hydrology," Mayer said.
Jay Gilbertson is the executive director for the East Dakota Water Development District. He told the committee that, since at least 2023, DANR employees have evaluated permit requests that qualified for the greenhorn exception more than they were required to by law at no extra cost to taxpayers. He spoke in favor of the bill.
"I would suggest therefore that striking the second sentence, adopting the bill doesn’t create any hardship at all," Gilbertson said. "If anything, it provides a guarantee for anyone who may use the water down the future that the sustainability of that resource has been considered, and to the best of our knowledge at this particular point in time, we believe there will in fact be water available in the future."
The committee passed the bill with nine in favor and four opposed. The bill now moves to the House floor.
