The State of Missouri filed a lawsuit against the U.S. Army Corps of Engineers (USACE), Bureau of Reclamation, and Garrison Diversion Conservancy District (Garrison Diversion) in early February, related to the Central North Dakota Water Supply Project (CNDWSP).
How is the Central North Dakota Water Supply Project (CNDWSP) related to the Red River Valley Water Supply Project (RRVWSP)?
The state Red River Valley Water Supply Project (RRVWSP) will convey Missouri River water to central and eastern North Dakota for use as an emergency water supply in times of drought. Garrison Diversion plans to construct an underground pipeline which will run from the Missouri River near Washburn, North Dakota, to the Sheyenne River.
In 2018, Garrison Diversion and stakeholders identified a potential cost saving measure for the RRVWSP by utilizing the McClusky Canal as a water source for some or all of the water supply needed for the project. The McClusky Canal is controlled by Reclamation and is part of the federal Garrison Diversion Unit project. The State of North Dakota and local project users could save millions of dollars in capital and operational costs if the McClusky Canal were used in the state RRVWSP. Given the potential cost savings, Garrison Diversion made a formal request to Reclamation for a 20 cubic feet per second (cfs) water supply contract utilizing the McClusky Canal as an optional water source for the RRVWSP.
The option includes an intake into the McClusky Canal and six miles of pipeline to the point where it meets up with the RRVWSP, which lies within the Missouri River Basin. Reclamation, a federal agency under the Department of Interior, must comply with the National Environmental Policy Act (NEPA) when making federal contracting decisions. Therefore, Reclamation conducted an environmental review on what Reclamation termed the CNDWSP. After completing an environmental review, Reclamation issued a Finding of No Significant Impact (FONSI), which means the CNDWSP causes no significant environmental impacts. As such, Reclamation agreed to negotiate a contract with Garrison Diversion for the 20 cfs from the McClusky Canal.
Why did Missouri file a lawsuit?
The State of Missouri filed a lawsuit on February 4, 2020, against Reclamation, USACE, and Garrison Diversion, as well as several political officials. The suit alleges Reclamation and USACE failed to consider impacts to the State of Missouri during Reclamation’s environmental review and subsequent FONSI for the CNDWSP. The State of Missouri also alleges the RRVWSP cannot move forward without the CNDWSP, and; therefore, both projects must be subjected to federal environmental review.
How will the lawsuit affect the RRVWSP?
“If the State of Missouri is successful in this lawsuit, it may delay or eliminate the opportunity to use the McClusky Canal as a water source. However, it will not impact the State Red River Valley Water Supply Project,” says Duane DeKrey, Garrison Diversion General Manager. “The State of Missouri’s lawsuit cannot stop the development of the Red River Valley Water Supply Project and will not result in stranded assets.”
“While Missouri’s complaint references the state Red River Valley Water Supply Project, it is important to note that this is a challenge of the Federal government’s decision that the Central North Dakota Water Supply Project has no significant environmental impacts. Since the McClusky Canal is an optional water source for part of the state Red River Valley Water Supply Project, the litigation over this optional intake will not stop or impact the State Project,” explains Tami Norgard, Garrison Diversion’s Attorney.
Essentially, this lawsuit challenges the RRVWSP’s relationship of receiving water from the McClusky Canal for the CNDWSP. The permitting and design components of the state RRVWSP are moving forward, with construction expected to start this year.