In re the Decision of the State Water Management Board Approving Water Permit No. 1791-2

DUNN, Justice.

This is an appeal from an order of the circuit court affirming the South Dakota Water Management Board’s approval of Water Permit No. 1791-2, and from orders of the circuit court denying several motions. We affirm.

On September 24, 1981, the South Dakota Legislature passed legislation which allowed the South Dakota Conservancy District (SDCD) to make application to the Water Management Board (Board) for a permit to appropriate water from Oahe Reservoir; the same act also allowed SDCD to transfer the permit to Energy Transportation Systems, Inc. (ETSI).1 ETSI plans to pipe the…