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Landowners appeal Summit carbon storage decision • South Dakota Searchlight

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Landowners appeal Summit carbon storage decision • South Dakota Searchlight


A group of North Dakota landowners is appealing the state’s approval of an underground carbon storage area for Summit Carbon Solutions, the company attempting to build the world’s largest carbon capture and storage project.

The group represented by Bismarck attorney Derrick Braaten on Thursday filed the appeal in Burleigh County District Court, asserting that the North Dakota Industrial Commission withheld information and violated state law in approving the storage permit plan on Dec. 12.

The permanent underground carbon storage sites in western North Dakota are a key piece of Summit’s planned five-state pipeline network (including South Dakota) capturing greenhouse gas emissions from ethanol plants. Approving the storage wells was one of the last decisions of Gov. Doug Burgum as chair of the Industrial Commission, which also included Attorney General Drew Wrigley and Agriculture Commissioner Doug Goehring.

State schedules public input meetings on Summit carbon pipeline application

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The unanimous vote by the commission means that landowners who had not signed an agreement with Summit will be forced to allow the carbon storage on their property.

The landowners assert that the Industrial Commission, which includes the state Department of Mineral Resources, illegally refused to disclose information to landowners under North Dakota open records laws. Braaten and his clients were seeking computer-generated models that predict where the carbon dioxide will go when it is pumped underground for permanent storage.

The appeal says former Department of Mineral Resources Director Lynn Helms refused to provide the models before, during and after public hearings on the case in June, shortly before Helms retired.

The order passed by the Industrial Commission said that if any open records requests were not fulfilled, it is because the Braaten Law Firm did not inform the agency that it had not received the records.

“That’s a lie,” Braaten told the North Dakota Monitor.

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The appeal said Braaten’s firm was able to obtain the records in November. Braaten contends the computer models aren’t accurate but landowners were not given a chance to dispute that. He said multiple requests for a rehearing were ignored.

Another issue raised in the appeal are the state’s rules on underground storage. Under a process called amalgamation, if 60% of the landowners in a proposed storage area agree to the plan, the state can force the other 40% to comply.

Summit has obtained more than 92% of the pore space lease agreements across all three areas, according to the order approved in December.

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After the commission’s Dec. 12 decision, Summit Executive Vice President Wade Boeshans said the permits resulted from “years of rigorous scientific study, engineering design, and input from regulators, landowners, and local leaders.”

Braaten also is representing the Northwest Landowners Association that has a separate lawsuit before the North Dakota Supreme Court on the amalgamation issue that he contends is unconstitutional.

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He said a ruling on either that lawsuit or the storage decision appeal should clarify the constitutionality of the rules.

Braaten’s law firm also is representing Emmons County in a separate legal challenge to the state Public Service Commission’s approval of the pipeline route through North Dakota. Emmons County and Burleigh County are challenging the PSC’s interpretation of state law that concluded state zoning rules preempt local ordinances on where pipelines are allowed.

Another group of landowners also is appealing the PSC permit decision.

Braaten said those appeals may be combined into one case.

This story was originally published by the North Dakota Monitor. Like South Dakota Searchlight, it’s part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. North Dakota Monitor maintains editorial independence. Contact Editor Amy Dalrymple for questions: [email protected].
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South Dakota

Dept. of Agriculture and Natural Resources announces $48 million for statewide projects

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Dept. of Agriculture and Natural Resources announces  million for statewide projects


SIOUX FALLS, S.D. (Dakota News Now) – The South Dakota Department of Agriculture and Natural Resources (DANR) has the approval of over $48 million in loans and grants for statewide projects.

Together with the Board of Water and Natural Resources, a total of $36,958,000 in state loans, including $425,000 in principal forgiveness, was authorized for drinking water and wastewater improvements.

More funding was distributed to the following programs:

BDM Rural Water:

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  • Received an additional $233,450 in American Rescue Plan Act (ARPA) funds to construct a new water treatment plant, install a new water reservoir, install a pipe to expand the water system, and replace water meters

Clay Rural Water:

  • Received $334,250 in ARPA grant funds to construct two ground storage reservoirs near the Greenfield reservoir and the Wakonda Water Treatment plant

Mid-Dakota Rural Water System:

  • Received $917,357.85 in ARPA grant to update the existing water system

Mitchell:

  • Received $3,930,000 in Clean Water State Revolving Funds to upgrade the clay sanitary and storm sewer

Rapid City:

  • Received a $14,512,000 Drinking Water State Revolving loan to make improvements to an existing well and also construct two new wells

Shared Resources:

  • Received $1,500,000 in ARPA grant funds for a treatment plant, well field, distribution pipeline, and two storage tanks

Sioux Falls:

  • Received $7,648,000 to complete a third connection to the Lewis and Clark Regional Water System
  • Received $17,746,000 to construct a new Southeast Basin sanitary force main

South Lincoln Rural Water System:

  • Received $328,250 in ARPA funds to install an elevated water tank, new pump station, and new water treatment plant

South Dakota Department of Agriculture and Natural Resources:

  • Received $1 million in ARPA funds for its statewide Riparian Buffer Initiative

Toronto:

  • Received $770,000 Drinking Water Revolving Loan to accommodate the Department of Transportation installing new storm sewers and highway surfacing

These programs are funded through a combination of federal appropriations, loan repayments, and bonds.

The board approved the funding during a January 8 meeting in Pierre.



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SD Lottery Lucky For Life winning numbers for Jan. 8, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 8, 2026, results for each game:

Winning Lucky For Life numbers from Jan. 8 drawing

05-12-13-39-48, Lucky Ball: 13

Check Lucky For Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

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Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.



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Sheridan Lake rescue prompts winter ice safety warning

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Sheridan Lake rescue prompts winter ice safety warning


RAPID CITY, S.D. (KOTA) – A harrowing scene at Sheridan Lake ended without serious injury Tuesday after a man, a woman and their dog fell through thin ice near the swimming beach, authorities said.

Keep pets on a leash and never attempt a risky rescue if someone falls through the ice, officials said. Call 911 immediately.

The South Dakota Game, Fish, and Parks agency advises that ice three inches or less is unsafe. Four inches is generally considered the minimum for walking, ice fishing or skating.

Lt. Casey Kenrick of the Pennington County Sheriff’s Office said the incident is a reminder to take extra precautions this winter.

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“Usually at this time the ice is significantly thick on the lakes around the area, well, some aren’t even frozen all the way at this point. The temperatures have been up and down so much that the ice isn’t solid even though it may look like it is, so make sure you know the ice depth that you’re getting onto,” Kenrick said.

Kenrick said those precautions could mean the difference between a close call and a tragedy.

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