CAFO Is NOT A COMMERCIAL Enterprise For Water Use

12/11/08:

S.D.

Determines CAFO Is NOT A COMMERCIAL Enterprise For Water Use Near YST Lands!

The State of SD defined LVF as being a domestic water user. Therefore, they do not need a commercial water permit. Their determination was based on the statement from LVF stating they would use less than 25,900 gallons of water per day or no more than 18 gallons per minute. Although, this water will be consumed by over 70,000 sows and piglets a year, they were deteremined to be domestic users of the aquifer. Needless to say, LVF submitted a report stating they would use less than the limit per day. The CAFO is currently operating, but no where near full capacity and water usage figures durived from this are not factual but projected estimates.



The Department of Environment & Natural Resources director stated on record that if a S.D. resident wanted to operate a 3 room bed and breakfast they would need a water permit. If a person operated a 1 1/2 acre home garden that they would need a water permit. If someone opened a car wash they would need a water permit. If LVF raises, washes, feeds, and sells 70,000 hogs a year the water board determined they would not need a water permit.



The LVF counsel mentioned several times that they are a commercial entity during their testimony. The language of the law was twisted and interpreted to fit the needs of those that want it. The State of SD determined that water consumption by livestock is domestic use, water consumption by employees is domestic use, water use for washing livestock is domestic use, but powerwashing the animal holding pins is not domestic use. However, as each board member expressed their opinion and interpretation of the law they mentioned every use that was domestic and failed to mention the one use that was not domestic that Longview Farm, LLP will be doing in their Yankton Sioux Tribe surrounded CAFO (Confined Animal Feeding Operation). They failed to mention that powerwashing holding facilities is commercial use. They interpreted the law the way they wanted to interpret it. The motion was made that the Yankton Sioux Tribe's protest was irrelevant and passed Longview Farm, LLP as a domestic use individual. Therefore, they do not have to apply for a water use permit to operate their facility.



One board member did state on the record that it was not for domestic use and that it was a commercial enterprise, however she was the only opposition on the board. She voted against. Her name is unknown at this time.



Their decision was passed based on the promise that Longview Farm, LLP will use less than the maximum limit of approximately 25,920 gallons per day or 18 gallons per minute.



As I sat their and watched the board members body language it was obvious to me as the meeting began that they had their decision already. Did I mention that one of the board members sold his Super 8 hotel business to LVF in Wagner, SD in the spring of 2008? Oh yes, he did! He failed to excuse himself although he had a conflict of interest. He voted in favor of Longview Farm, LLP and stated on record that he grew up raising sows, washing holding areas, etc. Raising Hogs is domestic use, he said.



Another board member sat, chuckled to himself as if to send the message “That's stupid” when YST representatives spoke. He rolled his eyes and acted annoyed. In a seperate incident LVF lawyer Dave Nadulsky yelled at individual protestor's Lawyer Harold Shephard during a 5 minute break and stepped face to face with him as he yelled. Mr. Shephard obviously pushed some buttons in his examinations of LVF's witnesses.



The State of S.D. has shown their prejudice and injustice towards the Native American people once again. Will it ever stop? Will they ever be fair? No, I think not.



Oitancan Zephier
Ihanktonwan Oyate
12/11/08