Governor Dennis Daugaard's push for more mega-dairies has drawn legal action against Brookings County from Hendricks, Minnesota. The Minneapolis Star-Tribune reports that the Hendricks City Council has "filed a lawsuit" against Brookings County to stop the 3,999-head concentrated animal feeding operation (CAFO) that Michael Crinion wants to build near Oak Lake. Brookings County approved the conditional-use permit for the dairy, over the protest of Hendricks residents who are concerned that manure from the CAFO will drain into Lake Hendricks and degrade water quality.
The lawsuit appears to be an appeal of the zoning decision filed jointly by the Hendricks City Council and the Lake Hendricks Improvement Association on November 3.
Hendricks residents are bent out of shape over this dairy because they may see millions they've invested in clean water go to waste:
The fight for cleaner water in Lake Hendricks started with area farmers converting to lake-friendly land uses on thousands of acres around the lake. They planted 22 miles of buffer strips and other vegetation designed to stop runoff of sediment and nutrients. Together with sewage and stormwater improvements by lake cabin owners and by the surrounding wastewater districts, the cleanup has cost more than $5 million, [Hendricks mayor Jay] Nelson said.
In one recent project, 22 property owners on the South Dakota side of Lake Hendricks and 44 homeowners on the Minnesota side each invested an average of $12,000 in septic improvements, including hookups to the Hendricks city sewer district. Another $1.5 million has been spent on environmental testing and research, the mayor said.
“Our town’s major concern is that we’ve spent millions to clean up our lake, and it’s an unfinished job,” Nelson said. “Any runoff from this dairy would end up in Lake Hendricks” [Tony Kennedy, "The Border War over Cleaned-up Lake Hendricks," Minneapolis Star-Tribune, 2014.12.01].
Governor Daugaard's policy man Nathan Sanderson tells the Star-Trib the Oak Lake dairy is just one component of the state's push to double its dairy herd and provide more milk for the new state-subsidized Bel Brands cheese factory in nearby Brookings. He sneers at the Hendricks protesters, "We have an approach in South Dakota where we are open for business.... We’re not attempting to hinder business in any way."
But Hendricks residents see South Dakota hindering their business, which they say relies on clean water:
The location of this dairy, in our opinion, poses a great risk to Lake Hendricks and the surrounding area. The proposed location is within the Deer Creek Watershed District, which is the main supply of new water to Lake Hendricks. The waste management plan for the dairy calls for the continued application of their waste product to surrounding fields—all of which will create additional runoff issues when draining into Lake Hendricks. If this happens, we could see a reduction of water quality in the lake, which in turn will impact tourism, fishing, camping and other recreational and economic benefits that are enjoyed in the area [Lake Hendricks Improvement Association, letter to residents, quoted in Tammy Mathison, "Lake Hendricks Improvement Assoc. Letter Explains Reasons for Appeal," Hendricks Pioneer, 2014.11.28].
South Dakota's push for economic development now butts up against Minnesota's in a battle of milk and poop versus water.