Burleigh County water managers said they have some concern they're taking on a task that is more than they can handle in proposing to divert Missouri water to Apple Creek via the McClusky Canal.
The topic was the central focus of Wednesday's Burleigh County Water Resource District board meeting.
It's not the first time the issue has been raised. Back in the late 1980s and early 1990s, there was a push for a similar process, water board consulting engineer Mike Gunsch said. In that effort, the focus was on the delivery system, knowing that there were projects that could benefit.
But the issue was met with stiff opposition from landowners along the northern portion of Apple Creek. They said they were worried about government encroachment on their land and providing water just for the McDowell Dam Recreation Area and watering Bismarck's golf courses, Gunsch said. Eventually the effort was dropped.
The water board has long sought a diversion from Apple Creek to McDowell because the watershed cannot provide the necessary water to appropriately maintain the lake. An Apple Creek Diversion could provide the needed quantity, but quality would remain about the same. A diversion of Missouri water into Apple Creek would significantly increase water quality, along with providing greater uses.
But board chairman Gailen Narum said that both diversions will have to stand on their own merits.
Gunsch recommended that the need for the water be first defined and then the delivery system. He said that initial meetings should be one-on-one with the property owners before holding any large public meetings.
Board member John Erickson said he had spoken to a property owner who immediately provided concerns about being able to cross the creek, in anticipation of higher flows which will accompany a diversion.
"I don't see this as being successful," said water board attorney David Bliss, who has property along Apple Creek. "I think the landowners' concerns are legitimate and continuing. I know that, having owned cattle and having to bring calves back across the creek, higher flows create problems. All the landowners have similar issues about access."
Bliss also recommended the board meet one-on-one with property owners and find out their concerns and what their needs for the water might be.
"When I think about the creek running full, as a rancher, that's scary," Erickson said. "But having a constant water supply, that sounds pretty good."
A delivery system, as proposed nearly two decades ago, will provide a constant flow of 30 to 40 cubic feet per second, Gunsch said, about what a normal spring runoff provides. When running full, flows can exceed 100 cfs, which is what a lot of landowners envision and fear, he said. McDowell will need a flow from Apple Creek of about 15 cfs over the course of three months to adequately meets its needs.
But the promise of water in the creek holds little value, Bliss said.
"In all the years we've been out there, even back in the 1930s, we never did not have water in Apple Creek," Bliss said. "If you said you are giving a gift, well they (the property owners) don't need it."
Bliss also cautioned the water board on the number of agencies, private and public, it tries to involve in the process. Property owners are cautious and don't want their property opened up to the general public, because of the involvement with federal regulations that go with money for a project.
"Is this really something we want to do?" board member Terry Fleck asked. "The time involved is going to be extensive. The meetings will have to be one-on-one and we're offering something the property owners don't need."
That's why finding the needs for the water before defining the project is important, Gunsch said.
"If McDowell is the only driver, we don't want the diversion because it doesn't pay," Gunsch said.
Board member Rynee Kellar said that the district should expect a lot of government help, especially in the early going. He said that county commissioner Jerry Woodcox had met with Sen. Byron Dorgan, D-N.D. The senator had indicated an interest in the project, but maintained it had to be initiated locally. Once a project receives approval, Dorgan can step in to help.
"Therein lies one of our problems, acquiring private land for public use and taking it off the local tax rolls," Gunsch said.
The water board decided to hold a special session just to address the issue. Plans are to hold the meeting sometime in May.
(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)
Posted in Local on Wednesday, March 12, 2008 7:00 pm Updated: 2:21 pm.
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