South Dakota
Judge denies injunction in South Dakota hemp ban case
A federal judge over the weekend denied a request to block South Dakota’s new law banning certain hemp-derived products, allowing the measure to take effect Monday.
U.S. District Judge Eric C. Schulte ruled Saturday that Hemp Quarters 605, a Pierre-based retailer, failed to show it would likely succeed in challenging the law’s constitutionality, the South Dakota Searchlight reported.
House Bill 1125, signed by Gov. Kristi Noem in March, amends existing definitions of hemp and industrial hemp products. It defines a “chemically derived cannabinoid” as a substance created by chemically altering compounds from the cannabis plant.
Key provisions of the law include prohibiting the chemical modification or conversion of industrial hemp into delta-8 THC, delta-9 THC, delta-10 THC, or similar compounds. It also bans the sale or distribution of industrial hemp products containing chemically derived cannabinoids. Violations are classified as Class 2 misdemeanors.
Hemp Quarters 605 has argued the law conflicts with the 2018 federal Farm Bill, which legalized hemp production. The retailer claimed it could lose up to 70% of its business under the new restrictions.
The company’s owner, Brandi Barth, also testified about investing $50,000 to renovate its rented building.
Judge Schulte still rejected key arguments from Hemp Quarters 605, finding the law doesn’t improperly interfere with interstate commerce and that South Dakota acted within its police powers to protect public health.
“This Court believes it is unlikely Plaintiff will succeed on the merits of a regulatory taking claim,” Schulte wrote in his 19-page opinion obtained by Green Market Report.
He added, “While this may seem unfair to Plaintiff, as inventory that is legal today will not be legal on July 1, 2024, ‘the (takings) inquiry remains focused on the character of the government action, not the culpability or innocence of the property holder.’”
The judge also noted that during the hearing, counsel for the state acknowledged that the company was placed in an “extremely difficult position” given the passage of HB 1125 and the change in the law.
“Precedent makes it clear, though, that this Court’s inquiry should not be on the innocence of Plaintiff when making a determination on a regulatory taking claim,” Schulte wrote.
The Hughes County State’s Attorney has agreed not to prosecute the company while the lawsuit continues, but the state Attorney General’s office made no such commitment, court documents show.
The ruling allows South Dakota to join other states cracking down on intoxicating hemp-derived products. Some such as Florida and Massachusetts decided this year to table the question for now. Supporters argue the law is necessary to close a loophole created by the Farm Bill, while critics contend it goes beyond federal regulations and could harm South Dakota’s emerging hemp industry.
Hemp Quarters 605 is allowed to proceed with its lawsuit, but Saturday’s decision suggests an uphill battle.
gov.uscourts.sdd.80560.31.0
South Dakota
South Dakota native lived near Iranian missile & drone attacks
Enter your email and we’ll send a secure one-click link to sign in.
KELOLAND.com is provided by Nexstar Media Inc., and uses the My Nexstar sign-in, which works across our media network.
Learn more at nexstar.tv/privacy-policy.
KELOLAND.com is provided by Nexstar Media Inc., and uses the My Nexstar sign-in, which works across our media network.
Nexstar Media Inc. is a leading, diversified media company that produces and distributes engaging local and national news, sports, and entertainment content across its television and digital platforms. The My Nexstar sign-in works across the Nexstar network—including The CW, NewsNation, The Hill, and more. Learn more at nexstar.tv/privacy-policy.
South Dakota
Water hampers growth near Sioux Falls but solution near
The existing water treatment plant for the Minnehaha Community Water Corp. on June 9, 2026, south of Dell Rapids, S.D. (Photo: Bart Pfankuch / South Dakota News Watch)
DELL RAPIDS, S.D. – Scott Buss can only imagine what this town north of Sioux Falls might have looked like – and how many jobs and taxes would have been generated – if there wasn’t a local shortage of available water.
Buss, executive director of the Minnehaha Community Water Corp., sat in the conference room of the rural water system based in Dell Rapids recently and ticked off the industrial and agricultural projects turned away due to a lack of water.
After hitting its limit on how much water it can provide a few years ago, the rural system has had to turn away proposed projects valued at hundreds of millions of dollars that offered an untold number of new jobs, he said.
The rejected projects include the Agropur Cheese plant that eventually opened in Lake Norden. A few proposed hog farms and dairy expansions in northern Minnehaha County were also stalled, Buss said.
Get South Dakota news and information in a free email on weekdays. Cancel any time.
Subscribe
Other proposals, most of which never came to fruition in South Dakota, included the $1.5 billion Gevo corn-based jet fuel plant, the $5oo million Wholestone Farms hog processing plant and a data center that at some point all eyed the Dell Rapids area for development.
“All the water rights are spoken for between Dell Rapids and Sioux Falls, so there was no more water to be had in Minnehaha County,” Buss told News Watch in an interview in June. “With all the (residential) development that was coming in, we realized that our well capacity and our treatment capacity was limiting our ability to take on new high water-use customers.”
Buss and the nonprofit corporation’s board of directors aren’t waiting around to potentially miss out on more opportunities.
In a unique arrangement, the corporation is partnering with the neighboring Big Sioux Community Water System to the north on a $170 million expansion project called Shared Resources. The expansion, started three years ago, will use new wells into the Big Sioux Aquifer to generate 8 million gallons of water more per day starting this fall.
“It’s going to be a huge and great benefit for Big Sioux and Minnehaha water,” said Jodi Johanson, director of the Big Sioux system based in Egan. “This project is going to make sure that down the road we have enough water for the future.”
2 systems get stronger together
The Minnehaha water corporation is still able to bring on new residential and retail customers who consume part of the 9.2 million gallons of treated water it can provide on a daily basis.
The system was formed by a group of farmers and landowners in the 1970s but sought a reliable way of providing more and cleaner water to residents of Minnehaha County outside of Sioux Falls who relied exclusively on individual wells. The system started with about 1,200 customers but has grown to more than 5,500 now in seven cities, mostly north of the Sioux Falls metro area.
Given the limits on water from the aquifer, and balancing the water needs of consistent housing and retail growth in northern Minnehaha County, the water system had to say no to developments that request 1 million or more gallons of water per day, Buss said. A million gallons per day is equivalent to the water consumption of about 4,300 homes, he said.
Billions needed to keep South Dakota taps flowing
South Dakota water systems will increasingly turn to the Missouri River to provide water for future population, agricultural and industrial growth. But plans will require billions of dollars and decades of construction to keep taps flowing freely.
As with other rural water systems in South Dakota, the aquifers the systems rely on for their water are either running low or are legally tapped out, or both.
In the case of Minnehaha water corporation, the Big Sioux River Aquifer has gotten drier, but state law is also preventing it from taking more water from the aquifer.
In 1996, the state Water Management Board allocated water rights, or withdrawal limits, to systems that take groundwater from the aquifer, Buss said.
Those limits have now been reached, meaning that Minnehaha water cannot take any more than the 7 million gallons per day it is drawing now.
The system also receives about 2 million gallons per day from the Lewis & Clark Regional Water System, making its daily maximum capacity of about 9.2 million gallons per day, which it sometimes reaches, especially during spring planting season or hot summer months.
Directly to the north, the Big Sioux Community Water System produces up to 2 million gallons per day for about 2,400 customers in Moody and Lake counties as well as some in Brookings County and in western Minnesota, Johanson said.
The system still has room within its water rights to draw more water, making it an attractive partner for Minnehaha water.
Though Big Sioux Community Water System has not turned away any large projects, it needs more water to serve a boom in residential growth in the region, Johanson said.
In the area around Lake Madison, near Madison, developers are considering projects that could someday bring 500 new homes and a new nine-hole golf course, she said.
Support solutions-focused storytelling. Help South Dakota News Watch tell stories that identify and share solutions to the state’s biggest challenges.
Donate
The system also serves a number of dairies that use significant water and provides water to the Dakota Ethanol plant in Wentworth, which is undergoing an expansion. Farmers in the region are also using greater quantities of water to deliver chemicals onto their land, Johanson said.
“This is our first expansion,” she said. “We’re looking forward and we’re trying to find the solution before we face a problem.”
Federal government and customers pay the way
The biggest Shared Resources ticket item is a new $80 million water treatment plant that is nearly completed on 240th Street a few miles north of Dell Rapids.
A 20-inch pipeline from the plant to the east will end at a 1.5 million gallon water tower, and a 24-inch pipeline to the west will terminate at a ground-level storage tank with a 4 million gallon capacity.
Six new wells will draw the water, and the storage tanks will provide both pressure and the ability to adapt to changing demands without service interruption, Buss said.
As with most modern water projects, the costs will be shared by government and end users. The systems are funding the project with $49 million in grants from the Biden-era American Rescue Plan Act and $121 million in low-interest loans from South Dakota’s Drinking Water State Revolving Fund.
The two systems are sharing the cost of the project loans commensurate with how much water they will receive, meaning Minnehaha will pay 65% of the costs for its 5 million gallons per day while Big Sioux will kick in 35% for its 3 million gallons more per day.
Minnehaha water is assuming $87 million in new debt and Big Sioux will take on $42 million in new debt, Buss said.
The average residential consumer in both systems that uses about 7,000 gallons per month will see their bill rise to $135 a month, roughly double the cost in 2020.
“It’s a big project, and it’s a good example of how two systems can work together to have some economies of scale,” Buss said.
Ratepayers will see a significant increase in their monthly water bills. The average residential consumer in both systems that uses about 7,000 gallons per month will see their bill rise to $135 a month, roughly double the cost in 2020, Buss said.
A big project, but even more water needed
But both systems view the Shared Resources project as a temporary fix and both are looking toward proposed projects that will tap the Missouri River for more water in the future.
Buss said his system has applied for 10 million gallons more water per day from Lewis & Clark, which has two expansion efforts planned.
Minnehaha water has simultaneously applied to receive 10 million gallons per day from the proposed Dakota Mainstem Regional Water System, a potentially $10 billion project to carry Missouri River water to more than 50 communities and organizations across eastern South Dakota and parts of Minnesota and Iowa.
The dual application effort is to make sure Minnehaha water can rely on taking in more water from at least one of the two systems as they come online, Buss said.
Johanson said Big Sioux has also signed on to accept water from Dakota Mainstem, even if it takes 20 to 40 years for the water to begin flowing.
To ensure that steady supply of high-quality drinking water, four major projects are in progress to take more water from the Missouri River – including WEB Water in the northeast, Lewis & Clark and the proposed Dakota Mainstem in the southeast as well as the proposed Western Dakota Regional Water System in western South Dakota and the Black Hills.

The projects are part of a wide-scale increase in water service capacity now underway in South Dakota, where water managers of several systems are implementing plans to serve the state for the next 40 to 50 years.
Regional rural water systems such as Minnehaha and Big Sioux are critical components of those projects because they provide water to communities and individual customers at the end of the delivery system.
Alicia Deschepper, zoning administrator for Moody County, said the water system expansions should allow for more growth to occur in Moody and Minnehaha counties, which are seeing new single-family housing developed at a rapid rate.
“I think it will be a great thing for our county and hopefully enable us to bring in more bigger businesses as well as more homes,” Deschepper said.
South Dakota News Watch is an independent nonprofit. Read, donate and subscribe for free at sdnewswatch.org. Contact content director Bart Pfankuch: 605-937-9398/bart.pfankuch@sdnewswatch.org.
South Dakota
One child dead following Hughes County fatal crash
SIOUX FALLS, S.D. (Dakota News Now) – The South Dakota Department of Public Safety said a nine-year-old girl from Waterloo, Iowa, is dead following a fatal Hughes County crash on Saturday.
This crash happened on Saturday, July 4, near the Spring Creek Recreation Area about 15 miles northwest of Pierre.
Preliminary crash information suggests a utility vehicle driven by a 37-year-old Iowa man was driving south on Spring Creek Drive. He attempted to turn around and rolled the vehicle.
A 16-year-old boy was also in the vehicle and was hurt, while the driver was not hurt.
The South Dakota Highway Patrol is investigating the crash.
Copyright 2026 Dakota News Now. All rights reserved.
-
World6 minutes agoCuba plunges into third major blackout this year as power crisis worsens
-
Politics9 minutes agoTop Platner ally turns on him after bombshell rape allegation rocks campaign: ‘Red line’
-
Health14 minutes agoExperimental vaccine shows promise against dangerous intestinal illness
-
Sports21 minutes agoEngland’s Jordan Henderson officially ruled out after freak fall causes fracture, opts for surgery
-
Technology24 minutes agoStarship delivery robots leave campuses for cities
-
Business29 minutes agoOrange County real estate investor pleads not guilty in $100 million bank fraud case
-
Entertainment36 minutes agoTom Sandoval’s ex Victoria Robinson accuses him of abuse; her restraining order is denied
-
Politics44 minutes agoTrump heads to NATO as tensions simmer with Europe


