Supreme Court: Results of Custer County ballot measure not enforceable

Residents sought to block discharge of treated wastewater in French Creek

A ballot issue that Custer County residents approved more than a year ago is not enforceable because it conflicts with existing state law, the South Dakota Supreme Court ruled Thursday.

A group of Custer County residents had asked the Court to reject a lower court ruling and stop the city of Custer from building a wastewater upgrade that called for discharging treated wastewater into French Creek. The city obtained a permit from the Department of Agriculture and Natural Resources in early 2021. Prior to the permit’s issuance, DANR did not receive opposition during a 30-day review period.

But a group of residents in the county who were concerned about the Custer project formed Preserve French Creek Inc. and tried to block the plan. The city already discharged treated wastewater into Flynn Creek, but a consultant concluded that it would be less expensive to divert that treated water to French Creek as part of the city’s upgrade to meet expected population increases. The French Creek discharge point was much closer than the Flynn Creek point and thus cheaper.

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