PIERRE, S.D. – The South Dakota Department of Agriculture and Natural Resources (DANR) is proposing to reissue general surface water pollution control permits for concentrated animal feeding operations (CAFOs). CAFOs are required by state law to have these permits and the permits are designed to protect surface water quality by regulating how manure and process wastewater are managed.

The proposed permits consist of the following:

• State General Permit – A 10-year permit issued under state authority. It prohibits discharges of manure or process wastewater to state waters, except for agricultural stormwater; and

• NPDES General Permit – A 5-year permit issued under federal National Pollutant Discharge Elimination System (NPDES) authority. It applies to CAFOs and facilities like manure digesters that process or store manure or wastewater. Discharges from CAFOs are only allowed in rare cases, such as during a 25-year, 24-hour storm event, and only if the facility is in full compliance with its permit.

Key updates in the proposed permits include:

• Extending the state permit length to 10 years;
• Including manure processing and storage operations in the NPDES permit;
• Adding and updating definitions;
• Aligning state permit application procedures with those in the NPDES permit;
• Establishing permit termination criteria for operations no longer requiring a permit;
• Limiting the volume of off-site waste transferred to CAFOs;
• Updating discharge monitoring and reporting requirements;
• Updating engineering standards for design, construction, and operation;
• Incorporating SDSU’s June 2023 Fertilizer Recommendations Guide;
• Moving electronic links to a centralized website; and
• Requiring electronic reporting when available.

Strengthening Partnerships: Colorado Livestock Association EAP Stakeholder Update

Every Monday morning, the AGPROfessionals team gathers to kick off the week together. These meetings are more than just a scheduled rundown; they are a chance for our team to reconnect, celebrate wins, share some laughs, and stay up to date on the issues shaping agriculture across Colorado and the West.

CLA & EAP: Working Together for Colorado Agriculture

At a recent meeting, Miguel Mena, APROfessional's Agronomist, provided information about the Colorado Livestock Association (CLA) and Environmental Ag Program (EAP) Stakeholder Meeting held on October 21st in Aurora, CO Miguel provided our team with a comprehensive summary of the discussions, regulatory updates, and emerging industry concerns.

The EAP is responsible for enforcing both state and federal air and water quality regulations for animal feeding operations across Colorado. Established in 2005 and funded primarily by producers, the program plays a vital role in ensuring environmental compliance within the livestock industry. EAP oversees the implementation of Regulations 61 and 81, which provide the framework for clean water protections and set the standards for water quality assurances required for permitted operations.

Congress has approved the Whole Milk for Healthy Kids Act, marking a major shift in federal school nutrition policy and reopening the door for whole and reduced-fat milk in school meal programs. The legislation reflects growing consensus around the nutritional value of milk at all fat levels and underscores the impact of sustained, bipartisan advocacy.

“Today we will restore students access to a wide variety of milk options assuring students have the necessary nutrients to learn and to grow, says Rep. Glenn Thompson, R-Pa., a leading supporter of the bill since its introduction. “I have worked for a decade to restore whole milk to our school cafeterias, which have been limiting healthy choices for students, but that changes today.”

He emphasized the importance of choice in school meals, noting that whole milk is a key part of a balanced diet for students.

“Whole milk is an essential building block for a well-rounded and balanced diet, and students should have the option to choose the milk they love. I am proud that my bill, the Whole Milk for Healthy Kids Act, passed the House today and now heads to President Trump’s desk for his signature,” Thompson added.

By Thomas Haren, CEO and Founder, AGPROfessionals

On April 18, 2025, the Colorado Legislative Council staff received language for a proposed ballot measure—the Colorado Wildlife and Biodiversity Protection Act—that poses serious concerns for livestock producers and landowners. Assigned #2025-2026 #82, it is pending review and a comment hearing.

Colorado farmers and ranchers have always been stewards of the land. But under the banner of “wildlife conservation,” this proposal threatens property rights, agricultural livelihoods, and the future of production agriculture in our state. Here’s what YOU need to know.

A New Unelected Commission with Expansive Power

The proposal would create the Wildlife and Ecosystem Conservation Commission (WECC)—a powerful nine-member body appointed by universities, environmental groups, and policy institutes. No member could have financial ties to agriculture, energy, or development, effectively excluding those who work the land from decision-making about it.

The WECC would have enforcement authority, including property inspections, investigations, subpoenas, and referrals for prosecution. It could:

At AGPROfessionals, we believe it's important to keep our clients and agricultural industry stakeholders informed about legal, legislative, and regulatory developments that impact us all. Recently, several articles have been circulated discussing the Ninth Circuit Court of Appeals' memorandum regarding the Environmental Protection Agency’s (EPA) Concentrated Animal Feeding Operation (CAFO) regulations. The memorandum issued, but not published, by the Ninth Circuit was filed in October 2024. We wanted to provide some context and explain why this ruling is a positive step for American agriculture.

Why This Decision Matters to Agriculture

In the memorandum, The Ninth Circuit Court of Appeals upheld the Environmental Protection Agency’s (EPA) decision to reject petitions from several environmental and anti-animal activist groups that demanded immediate, sweeping regulatory changes for Concentrated Animal Feeding Operations (CAFOs).

This ruling is an important example of how science-based policy, regulatory discretion, and industry engagement can help protect both agricultural productivity and environmental stewardship.

Background of the Case

Black vultures have become a serious and growing threat to newborn livestock across the country. Now, a new bill in Congress—the Black Vulture Relief Act of 2025—is aiming to give ranchers and farmers the ability to protect their herds without unnecessary red tape.

Why This Matters to You

While many people think of vultures as nature’s cleanup crew, black vultures are different. They don’t just scavenge—they attack. Often hunting in groups of 20 or more, they target pregnant animals during calving, lambing, or kidding, and go after newborn calves, lambs, goat kids, and piglets.

In 2015, black vultures were responsible for 10% of all calf deaths caused by predators—over 24,000 calves lost. Between 2020 and 2025, attacks on cattle rose nearly 25%, according to USDA Wildlife Services. At roughly $2,000 lost per calf, the financial and emotional toll is significant.

The problem isn’t going away. Since 1990, the black vulture population has increased by over 460%, now topping an estimated 190 million birds. Yet under the Migratory Bird Treaty Act of 1918, ranchers must get a depredation permit to take action—costing valuable time when livestock is at risk.

Colorado HB 24 – 1249 proposes to provide a state income tax credit to agricultural producers who actively participate in stewardship practices on their farms or ranches. This credit will be implemented from January 2026 onwards.

Rulemaking

The Department of Agriculture will define the stewardship practices and determine the amount of credit to be awarded for each practice through a rulemaking process. A public stakeholder process will also be established to advise the Commissioner of Agriculture on the requirements.

Qualify and Claim

To qualify for the tax credit, a taxpayer will need to implement one, two, or three stewardship practices. The Department of Agriculture will issue tax credit certificates to qualified taxpayers upon application.

To claim the tax credit, a taxpayer must apply to the Department of Agriculture. Once the application is reviewed and approved, a tax credit certificate will be issued. The taxpayer needs to attach the certificate to their income tax return and submit it to the Department of Revenue.

Limited Terms

This tax credit proposal has a limited term of three years and is available only for qualified taxpayers who have not received any other tax credit, tax deduction, or grant for agricultural land health in the income tax year for which the credit is sought. Additionally, only one tax credit certificate may be issued to a qualified taxpayer per calendar year.