73rd Legislative Session -- 1998
Committee: Senate Agriculture & Natural Resources
Tuesday, February 10, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Brosz
P
Brown (Arnold)
P
Ham
P
Hunhoff
P
Kloucek
P
Reedy
P
Vitter
P
Aker, Vice-Chair
P
Dunn (Jim), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Dunn
MOTION:
TO APPROVE THE MINUTES OF 2/6/98
Moved by:
Senator Aker
Second by:
Senator Ham
Action:
Prevailed by voice vote.
SB 219:
to revise certain provisions relating to vested water rights claims.
Proponents:
Roger Tellinghuisen, Homestake Mine
Yvonne Vik, SD Municipal Utilities
Opponents:
William Taylor, Sioux Falls
Dick Fort, Action for the Environment
Presented by:
Larry Mann, Homestake Mine (Document A)
MOTION:
AMEND SB 219
t-219
On page
2
,
line
7 of the printed bill
,
delete "
the
"
and insert "
any
"
.
On page
2
,
line
10
,
after "
right.
"
insert "
The amount of water ordinarily used includes the
amount necessary to satisfy the beneficial water uses of the appropriator under various climatic and
peak demand conditions.
"
.
On page
2
,
line
12
,
after "
claims
"
insert "
. The board may also consider the capacity of diversion
works if conducting a hearing to review the amount of water ordinarily and beneficially used by an
existing vested water right validated pursuant to title 46
"
.
On page
2
,
after line
12
,
insert:
"
Section 3. That
§
46-6-2
be amended to read as follows:
46-6-2.
Any person claiming to be the owner of a vested right to appropriate water from any
underground source for beneficial use other than for domestic use as defined by subdivision 46-1-6
(7) may file a vested right claim with the chief engineer in a form and manner prescribed by the
Board of Water Management. The claim shall set forth the amount of water used, when the water
was used, purpose of use, the location of the well and, if the water has been used for irrigation
purposes, the legal description of the land upon which the water has been used and the name of the
owner of the land. The claim shall be signed under oath, and shall be either from the claimant's own
personal knowledge or on information and belief. The hearing on the vested right claim shall be
conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation
conducted by the chief engineer pursuant to
§
46-2-17 (1), a person asserts the existence of a vested
water right, the chief engineer may require that person to file a vested right claim within ninety days
pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer
does not constitute a waiver of a vested water right
. The capacity of any diversion works of a vested
right, which have either been in continuous operation from the date of the vesting of the right or
constructed within a reasonable time thereafter, shall be considered by the board as evidence of the
amount of water ordinarily and beneficially used and needed under the vested right. The amount of
water ordinarily used includes the amount necessary to satisfy the beneficial water uses of the
appropriator under various climatic and peak demand conditions. The capacity of diversion works
may be considered for vested water claims commenced, but not finally determined, before January
1, 1998, and any future claims. The board may also consider the capacity of diversion works if
conducting a hearing to review the amount of water ordinarily and beneficially used by an existing
vested water right validated pursuant to title 46
.
"
Moved by:
Senator Aker
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 219 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Brown (Arnold)
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
Voting no:
Hunhoff, Kloucek, Reedy
MOTION:
SUBSTITUTE MOTION DEFER SB 219 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Senator Reedy
Second by:
Senator Brown (Arnold)
Action:
Failed by roll call vote.
(3-6-0-0)
Voting yes:
Hunhoff, Kloucek, Reedy
Voting no:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
SB 199:
to authorize the establishment of a moratorium on certain hog farming
operations in response to environmental threats.
Proponents:
Luanne Napton, SD Resource Coalition
Curt Pochardt, Sierra Club
Opponents:
Ed Van Gerpen, Avon
Darrell Creau, SD Department of Agriculture
Lester Moeller, St. Lawrence
Presented by:
Senator Hunhoff
MOTION:
AMEND SB 199
r-199
On page
2
,
line
4 of the printed bill
,
delete "
or until the next Legislative
"
and insert "
.
"
.
On page
2
,
delete lines
5
to
7
, inclusive
.
Moved by:
Senator Kloucek
Second by:
Senator Hunhoff
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 199
t-199
On page
1
,
line
8 of the printed bill
,
delete "
swine
"
and insert "
livestock
"
.
Moved by:
Senator Reedy
Second by:
Senator Hunhoff
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 199
t-199a
On page
1
,
line
8 of the printed bill
,
delete "
on a contract basis
"
.
Moved by:
Senator Hunhoff
Second by:
Senator Kloucek
Action:
Prevailed by voice vote.
MOTION:
DEFER SB 199 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Ham
Second by:
Senator Vitter
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
Voting no:
Hunhoff, Kloucek, Reedy
MOTION:
CALL THE QUESTION
Moved by:
Senator Brown (Arnold)
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
SB 201:
to revise certain provisions regarding financial assurances for mining
reclamation.
Proponents:
Dick Ford, Action for the Environment
Curt Pochardt, Sierra Club
Representative Larry Lucas
Senator Kloucek
Opponents:
Steve Pirner, SD Department of Environmental and Natural Resources
Dianna Miller, SD Mining Association
Presented by:
Senator Hunhoff
MOTION:
TO TABLE SB 201
Moved by:
Senator Brown (Arnold)
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
Voting no:
Hunhoff, Kloucek, Reedy
SB 205:
to provide for certain limited term nonresident waterfowl licenses.
Proponents:
Kathy Zimmer, Great Lakes of SD
Steve Nelson, Migratory Bird Assn of SD
Presented by:
Senator Hainje
MOTION:
DEFER SB 205 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Vitter
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Hunhoff, Kloucek, Reedy, Vitter, Aker, Dunn (Jim)
SB 166:
to place certain restrictions on the ownership of livestock feedlots by
certain livestock processors.
Opponents:
Darrell Cruea, SD Department of Agriculture
Presented by:
Senator Hunhoff
MOTION:
AMEND SB 166
t-166b
On page
1
,
line
4 of the printed bill
,
delete everything after "
Section 1.
"
and insert "
No livestock
processor or any entity in which a livestock processor has a controlling interest, whether the
controlling interest is implied or imputed or in any way may be attributed to a related party, may
contract for the care and feeding of livestock or control or operate a feedlot in South Dakota in which
livestock are fed for slaughter.
"
.
On page
1
,
delete lines
5
to
16
, inclusive
.
On page
2
,
line
1
,
delete everything before "
This
"
.
On page
2
,
line
3
,
delete "
ten
"
and insert "
one hundred
"
.
On page
2
,
line
9
,
after "
property.
"
insert "
This section does not apply to poultry.
"
.
On page
2
,
line
12
,
delete everything after "
injunction.
"
.
On page
2
,
delete lines
13
and
14
.
Moved by:
Senator Aker
Second by:
Senator Brown (Arnold)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 166
t-166a
On page
2
,
line
7 of the printed bill
,
delete everything after "
emergency.
"
and insert "
No
processor may buy, own, control, or operate a feedlot in violation of this section after July 1, 1998.
If a processor owns, controls, or operates a feedlot in violation of this section on or before July 1,
1998, the processor has until July 1, 2000 to dispose of the property.
"
.
On page
2
,
delete lines
8
and
9
.
Moved by:
Senator Vitter
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 166 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Reedy
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Hunhoff, Kloucek, Reedy, Vitter, Aker
Voting no:
Brosz, Brown (Arnold), Ham, Dunn (Jim)
SB 11:
to make certain large-scale contract livestock feeders liable for
environmental damage.
Opponents:
Mike Shaw, Murphy Family Farms
Lester Moeller, SD Pork Producers (Document A)
MOTION:
DO PASS SB 11
Moved by:
Senator Kloucek
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION TO TABLE SB 11
Moved by:
Senator Aker
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(6-2-1-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
Voting no:
Kloucek, Reedy
Excused:
Hunhoff
MOTION:
ADJOURN
Moved by:
Senator Kloucek
Second by:
Senator Aker
Action:
Prevailed by voice vote.
Carol Enright
_________________________________
Committee Secretary
Jim B. Dunn, Chair
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