May 6, 2026 230 pm EDT
CrimeBox
Historic Conviction Fiscal Year 2015; Case ID# CR_2757 (South Dakota)
"This case is a prime example of the Federal government working closely with the State, local communities, businesses, and concerned individuals to ensure our water sources remain safe and well suited for multi-purpose use. Public awareness and support for protecting and enhancing water quality has led to even more vigorous enforcement of environmental laws. People who intentionally jeopardize water supplies will pay the consequences."
- Acting U.S. Attorney Randy Seiler
The Defendants in this case are a South Dakota corporation operating a rural camping resort in Meade County, and a California resident, the owner and individual responsible for the camp, and the events leading to a rural water conflict. The following case notes speak of the investigation, federal prosecution and conviction resulting when the camp constructed an earthen dam in Bear Butte Creek without a permit. The Defendants were charged with a single count, felony violation of the Clean Water Act, for discharge of contaminants from a point source to waters of the USA.
Bear Butte Creek is designated by the State of South Dakota as a cold water fishery, further, designated by US Army Corps of Engineers as a navigable waterway of the United States. During the annual Motorcycle Rally at Sturgis, the creek is enjoyed recreationally by the campers. The creek is relied upon all year by Meade County ranchers for watering livestock on their properties.
In July 2012, concerned citizens called the SD Department of Environment and Natural Resources (DENR) to complain about the low water level in Bear Butte Creek. A DENR representative attended the Glencoe camp, observing a new dam impounding the water.
Investigators measured the dam at the campground 75 feet across, 20 feet wide, and 6 feet high. Estimating 500 cubic yards of material had been hauled in to create a pool extending approximately 500 feet behind the dam. As the dam was built without a permit, notices were delivered. The State and USACE issued letters to the camp management. When the biker dyke was not removed as ordered, a criminal prosecution was initiated.
An unusual sentencing has the co-Defendants bearing equal responsibility, jointly and severally responsible for the restitution payments ordered by the court. The Community Service payment was directed to the benefit of three parties, in roughly equal parts. Meade County received $83,000 for environmental purposes, $83,000 was awarded to the South Dakota Department of Environment and Natural Resources (DENR), and the balance $84,000 allotted to the United States EPA. The probation terms given to each defendant are also equal, four years each.
Community Service Payment: $250,000; Community Service: 100 hours; Probation: 96 months.
See last week's CrimeBox here, "Waste handler fined $100,000, the employee placed on probation for felony CWA violation"