Associated Press Writer

By SAM HANANELBy SAM HANANEL

WASHINGTON - A federal judge once again has sided with the U.S. Army Corps of Engineers in its long-running dispute with the state of Missouri over management of the Missouri River.

U.S. District Judge Paul A. Magnuson ruled that the corps fully complied with federal law when it decided to artificially raise the water level in the river to help preserve endangered species.

Scott Holste, a spokesman for Missouri Attorney General Jay Nixon, said Thursday that the state will appeal.

Nixon had argued that plans for a "spring rise" failed to consider environmental impacts, including possible flooding, and ignored other options that could promote spawning by the pallid sturgeon, a fish on the endangered species list.

"Our fight for Missouri's interests is as important as ever, and we will continue that fight," Holste said.

In his Nov. 2 decision, Magnuson said the corps properly considered alternatives and was within the law when it approved two spring pulses of water to be released from upstream reservoirs in South Dakota.

The first spring pulse was canceled in March because water levels in reservoirs that feed the river were too low, but water from upstream dams eventually was released over a two-week period in May. There was no flooding at any point along the river, which runs 2,714 miles from Montana through North Dakota to Missouri.

John Seeronen, an attorney for the corps' northwestern division office in Portland, Ore., said the ruling validates the process the corps used to reach its decision.

"We believed the spring rise plan we developed was pretty close to the plans we had already looked at, and therefore the environmental impact had already been determined," Seeronen said.

He said the corps would continue to plan for a spring rise in future years as long as there are sufficient water levels upstream and minimal risk of flooding downstream.

Magnuson has consistently ruled in favor of the corps' management decisions over the years, despite complaints from various interests in the Missouri River basin.

Officials in North Dakota and South Dakota say the spring rise drains much-needed water from upstream states that are suffering from a severe drought.