Lawmaker considers limiting new Black Hills water usage

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SPEARFISH, S.D. – A Spearfish lawmaker is considering legislation in 2026 that could slow development in the Black Hills by reducing access to water in aquifers that serve the region.

Rep. Scott Odenbach, a Republican who is House majority leader, says a federal study released in July got him thinking about whether too much water is being used from the aquifers that provide fresh water to western South Dakota. The U.S. Geological Survey study, first reported by News Watch, showed that some areas within the Madison, Minnelusa and Inyan Kara aquifers are not recharging fast enough to keep up with use, even in non-drought periods.

The USGS report was seen as further proof of need by backers of a $2 billion proposal to build a six-foot wide pipeline from the Missouri River to western South Dakota. Supporters say the pipeline will be needed in the coming years as aquifers are depleted. They also say other states downriver from South Dakota may take Missouri River water if the state fails to act.

Odenbach said he isn’t sure if a pipeline – which he calls a potential boondoggle – is the answer, and worries it could lead to unfettered growth that could make the Black Hills look like overgrown areas of Colorado. That view, however, is dismissed by some lawmakers and local officials who say controlled growth is necessary to maintain economic and population stability in the future.

Odenbach says he may try to amend an obscure 1978 law that prevents use of aquifers in East River South Dakota when science shows they are not refilling fast enough. That law contains an exemption for Black Hills aquifers, and Odenbach says the recent federal report shows that aquifers in western South Dakota may now require the same protections.