n July, the 8th Circuit Court of Appeals upheld a Missouri Federal District Court’s ruling to allow water from the Missouri River to be conveyed to central North Dakota. The ruling relates to the 2021 dismissal of the State of Missouri’s challenge of the Bureau of Reclamation’s environmental review of the Central North Dakota Water Supply Project (CNDWSP).
The CNDWSP is a cost-saving option for the Red River Valley Water Supply Project (RRVWSP), a state and local project that will deliver water from the Missouri River through a buried pipeline to central and eastern North Dakota communities and water systems. In February 2020, the State of Missouri challenged the Bureau of Reclamation’s environmental review of the CNDWSP option which utilizes the McClusky Canal.
“Allowing the use of the McClusky Canal to provide water for central North Dakota is a win for the State. It enables us to put to beneficial use a federal facility that has been largely underutilized since its construction,” says Duane DeKrey, Garrison Diversion General Manager. Garrison Diversion and the Lake Agassiz Water Authority (LAWA) are the state co-sponsors of the RRVWSP.
“This is a favorable ruling, and we are very pleased with the result. This really helps the Red River Valley Water Supply Project going forward,” says Dr. Tim Mahoney, LAWA Chairman and Fargo Mayor.
The McClusky Canal is controlled by the Bureau of Reclamation and is part of the Garrison Diversion Unit project. Five years ago, the CNDWSP, which utilizes the McClusky Canal, was identified as a cost-saving water source for some, or all the water supply needed for the RRVWSP. The CNDWSP includes an intake into the McClusky Canal and six miles of pipeline that joins the main RRVWSP transmission line.
Garrison Diversion requested 20 cubic feet per second (cfs) of water from the McClusky Canal from the Bureau of Reclamation. In response, the Bureau of Reclamation conducted an environmental review of the CNDWSP and issued a Finding of No Significant Impact (FONSI), which means the project causes no significant environmental impacts. Therefore, the Bureau of Reclamation agreed to negotiate a contract with Garrison Diversion to take 20 cfs from the McClusky Canal to benefit the RRVWSP.