encouraging the review and approval of water rights applications and future use reservations from the Missouri River.

2026 Regular Session Introduced by Bobbi Andera and 7 co-sponsors

Urges the Water Management Board to prioritize and expedite review and approval of Missouri River water rights and future use reservations for public water systems.

House of Representatives Concurred in Resolution as Amended , Passed, YEAS 61, NAYS 4 H.J. 443

#senateconcurrentresolution #waterrights

What the bill is

Type: Concurrent Resolution

Short title: Encouraging the review and approval of water rights applications and future use reservations from the Missouri River

Jurisdiction: South Dakota

Session: 2026

Purpose: Urge the Water Management Board to prioritize and expedite the review and approval of water rights applications and future use reservations related to the Missouri River, particularly those submitted by public water systems to meet future public needs.

Main purpose and intent

The resolution reaffirms South Dakota’s constitutional and statutory framework asserting that water within the state is owned by the people and should be developed for the greatest public benefit and beneficial use.

It highlights the Missouri River as the state's major surface water source.

It calls on the Water Management Board to give priority to processing water rights applications and future use reservations for the Missouri River, focusing on public water systems’ needs.

Key provisions and changes

Directive to prioritize: The Water Management Board is urged to prioritize the review and approval of:

Water rights applications from Missouri River-derived sources, and
Future use reservations for contemplated future needs (as authorized under SDCL 46-5-38 and procedures in chapter 46-2A).

Scope of sources: Emphasizes Missouri River-derived water for public water system needs.

Source framework referenced:

State water rights framework (SDCL 46-1-1 to 46-1-4 indicate public ownership and public benefit principles).
Future use reservations authorized by law when unappropriated water is available and there is demonstrated future need (SDCL 46-5-38).
Management by the Water Management Board (statewide board responsible for equitable water resource management).

Who or what would be affected

Public water systems in South Dakota seeking Missouri River water rights or future use reservations.

The Water Management Board, as the entity tasked with prioritizing and reviewing these applications.

Potentially, other applicants or stakeholders with competing uses of Missouri River water if priority affects processing timelines.

Procedural and timeline aspects

Legislative history indicates broad bipartisan support in the 2026 session.

The resolution was:

Adopted by the Senate on February 10, 2026.
Concurred in by the House of Representatives on February 25, 2026.

This is a policy directive rather than a law changing statutes; it does not alter statutory text but instructs executive/administrative action by the Water Management Board.

No specific dates or deadlines are set for review within the resolution; it establishes an ongoing priority emphasis.

Practical impact

Signals to the Water Management Board and public water systems that Missouri River water rights and future use reservations should be given timely attention to address growing demand and public water supply needs.

May influence application processing priorities, potential backlog reduction, and planning for long-term water security for communities relying on Missouri River water.

Bill