Bismarck Tribune - North Dakota News - Judge dismisses N.D. lawsuit over Missouri River

Judge dismisses N.D. lawsuit over Missouri River

Apr 16, 2004 - 23:15:42 CDT

By BLAKE NICHOLSON, Associated Press Writer

A federal judge has dismissed a lawsuit the state of North Dakota filed a year ago against the U.S. Army Corps of Engineers over the Missouri River.

The state argued that the corps' management of the Missouri violated North Dakota's water quality standards. Attorney General Wayne Stenehjem said that low water levels in Lake Sakakawea would warm the lake's deepest waters, putting its sport fishing industry in jeopardy.

U.S. District Judge Paul Magnuson, who is handling several lawsuits filed over Missouri River management, said in his ruling this week that the corps must operate the river to control flooding and maintain downstream navigation.

"Although it may be possible for the corps to successfully comply with all of the states' water quality laws, an order of absolute compliance disregards the corps' other obligations under federal law," Magnuson wrote.

He said North Dakota was "attempting to put its interest above the other interests in the Missouri River basin. Common sense, above all else, cannot permit such litigation to succeed. Permitting this litigation would undoubtedly result in each state along the Missouri River seeking to enforce its own water quality standards."

Prolonged drought in the Missouri River basin has resulted in numerous lawsuits over water management. The corps last month issued a revised Master Manual, which sets long-term management guidelines, and its annual operating plan for the river. Both are expected to be challenged in court.

Upstream states want more water held in reservoirs to benefit recreation and wildlife, while downstream states want more water for barge traffic.

Lake Sakakawea on Friday was at 1,815.5 feet, a record low, Assistant State Engineer Todd Sando said.

"We could see some fish loss" this summer, he said.

Paul Johnston, a spokesman for the corps in Omaha, Neb., did not immediately return phone messages late Friday.

News > State

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Comments

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