A motions & scheduling hearing before the DENR Water Management Board for five Water Appropriation Permits (WAPs) for the Keystone XL Pipeline will be held beginning at 1pm CT on Wednesday, July 17 in Room 414 of the State Capitol Room in Pierre.

Bruce Ellison (left), attorney representing Dakota Rural Action, argues a motion to compel discovery, while Assistant Attorney General Ann Mines Bailey (second from left) confers with Water Rights Program Chief Engineer Jeanne Goodman during May 2019 Water Management Board proceedings.

Dakota Rural Action, as well as several other individuals, tribes, and organizations are contesting these permits, which seek to appropriate public water for pipeline construction, Horizontal Directional Drilling (HDD) under our rivers and streams, and for pipeline worker “man camp” water supply.

On July 1, Hearing Officer Rodney Freeman issued an order DENYING TransCanada’s motion to preclude evidence on the merits of the Keystone XL Pipeline, citing the importance of establishing public interest and public trust. Freeman further denied TransCanada’s motion to exclude five individual intervenors who reside in Nebraska.

On July 10th, Hearing Officer Freeman issued another order DENYING TransCanada’s motions to preclude consideration of implied water rights and to preclude consideration of tribal land issues and water rights. 

These orders are both great victories in the fight to protect our water, land, and communities against this foreign-owned hazardous materials pipeline, but the final decision as to whether these orders will be upheld rests with the Water Management Board.

Please consider attending next Wednesday, July 17th at 1pm CT to demonstrate your support for a full and fair hearing on all of the issues!

IF YOU ARE UNABLE TO ATTEND, you can still make your voice heard by SIGNING ON to our letter urging the Water Management Board to DENY the permits–Click HERE to sign on!

For more information, contact DRA Organizer Rebecca Terk at (605) 697-5204 x260 or email rebeccat@dakotarural.org.

To follow documentation of the contested case proceeding, visit the DENR’s contested case hearing page and follow the links for TransCanada, Wink, and Wilson permits: https://denr.sd.gov/contested.aspx