Intervenors are full participants in the permitting process and can request documents, file motions, call witnesses, and question the company’s and state’s witnesses. This requires a commitment to protecting water, but it is also rewarding.

The form to file a Petition to become an intervenor is a downloadable PDF form. Be sure to complete both sides and to save a copy and the date it was postmarked. You need to complete the form TWICE – one form for the Permit No. 2915-2 application for water rights from the Madison Aquifer and one form for the Permit No. 2914-2 application for water rights from the Inyan Kara Aquifers. See the links provide above for more information on each proposed permit.

The forms MUST BE postmarked by the filing deadline, November 9, 2026, and sent via postal mail service (NOT email) to, or served in person on both the Chief Engineer and the applicant (Powertech). It is suggested that you take your envelope to the post office counter and watch them postmark it (take a picture), so you know it shows the proper date. You can also send it by registered mail to confirm the date it is sent and received.

Send to these addresses:

If you decided to submit a Petition to Intervene, please note that the DANR’s public announcement states: “The December 2, 2026, hearing date will be automatically delayed for at least 20 days upon written request to the Chief Engineer from the applicant or any person who has filed a petition to oppose the application. The request for an automatic delay must be filed by November 9, 2026.”

Please write a letter to the Chief Engineer requesting the “Automatic Delay” of the board’s December 2, 2026 hearing. You mail these requests in with your petitions. If approved, this delay will help you prepare your cases and gather findings to present.

Please use First-Class mail to send your petition and delay request to the addresses provided below. Must be post-marked on/by November 9, 2026.

Send to these addresses:

Go to the links below to submit a public comment. You have two options to prepare your public comment:

Option 1. Use the fillable Adobe form (can be saved for later). It’s a blank form, so you must include the application number you are commenting on.

Option 2. Read the acknowledgement at the bottom of the permit application. Check the box that says “Check here to accept…” which opens the online form where you may comment. You can attach documents.

Water Permit Application or Permit No. 2915-2 – Madison Aquifer

Water Permit Application or Permit No. 2914-2 – Inyan Kara Aquifer

USE YOUR OWN WORDS, but here are some points you might want to make:

• In order for the permits to be approved by the state Water Management Board, there must be proof that giving Powertech the water rights would be “in the public interest.” Giving Powertech Uranium the rights to 2,449,296,000 gallons of our groundwater a year – much of which will be contaminated and not available for future use – is not in the public interest.
• If the company gets water rights, it’s not just a matter of temporarily using the water. They control the water – apparently indefinitely for the majority of the requested water, which would come from the Inyan Kara aquifers. They can sell it, even out of state.
• Purposely contaminating water is not a “beneficial use” of that water.
• The state’s position that all water in South Dakota belongs to all the state’s people is not accurate. In western South Dakota, Lakota treaty rights include all waters west of the east bank of the Missouri River.
• Keeping the water rights applications secret for four months and providing only 13 days for public comments or involvement is a violation of the public trust.
• While the company may say that they aren’t going to use all the water they request, the reality is that the proposed permits would give them the right to control – and even sell – all the water included in the permits.