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Bill

HB 1103

require that annual withdrawal of groundwater from any groundwater source may not exceed the annual recharge of water to the groundwater source.

2026 Regular Session Introduced by Scott Odenbach and 1 co-sponsor

South Dakota bill requires annual groundwater withdrawals not exceed annual aquifer recharge to ensure sustainable water supplies for agriculture and municipalities.

First read in House and referred to House Agriculture and Natural Resources H.J. 103
#watermanagement #waterrights
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Bill Summary · HB 1103

Legislative bill overview

HB 1103 would establish a legal requirement that annual groundwater withdrawals from any source cannot exceed the annual recharge rate of that aquifer or groundwater basin. This creates a sustainability standard based on the principle of not depleting groundwater faster than nature replenishes it.

Why is this important

Groundwater depletion is a long-term resource challenge affecting agricultural productivity, municipal water supplies, and ecosystem health. South Dakota, with significant agricultural irrigation and rural water needs, could face serious water security issues if aquifers are mined faster than they recharge. This bill attempts to prevent permanent damage to water supplies by mandating sustainable extraction practices.

Potential points of contention

  • Agricultural impact: Farming operations relying on groundwater irrigation may face significant restrictions or costs if withdrawals currently exceed recharge rates, particularly during drought years when recharge is lower
  • Recharge rate determination: Accurately measuring annual aquifer recharge is scientifically complex and varies by location, season, and climate; disagreements over data could lead to disputes and enforcement challenges
  • Economic burden: Compliance may require farmers and municipalities to invest in alternative water sources, conservation technologies, or reduce operations; smaller operations may bear disproportionate costs
  • Enforcement mechanism: The bill lacks detail on how violations would be monitored, penalized, or enforced

Compiled from official sources — confirm details with the bill’s official record.

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