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FM Diversion and Dam Increases national debt

Arrogance and Overreach

Hard Hits for Fargo

Darrell Vanyo, Fargo Diversion Authority

Letting a bull loose in a china closet is never a wise idea. Invariably, the owner of the bull is going to get the bill…

Darrell Vanyo’s recalcitrant behavior towards the Minnesota Department of Natural resources is proving to be wonderful news for property owners and other interests negatively impacted by Fargo’s calculated and irresponsible land grab of the last natural flood plain south of the city for future development. Perhaps the most unsettling factor in all of this is when Darrel Vanyo boldly states a position that is reliant on information contained within the documents, filings and materials he claims he has NOT read.

If Darrel Vanyo is just another empty suit reciting the hearsay of the Corps of Engineers, project proponents and project designers – are taxpayers really receiving fair representation?

There is a growing sentiment of concern over the Fargo-Cass Diversion Authority arrogance and overreach and outright disrespect towards Minnesota leaders and the rights of MN taxpayer which will be unduly impacted by the proposed Fargo Dam and FM Diversion.

Let’s face it…, Fargo and the Diversion Authority had a tough week.

Hit #1
They gambled and lost with FEMA flood levels. The end result being decades of unchecked development, which ultimately changed the 100 year flood level, now impacting properties that were not previously required to carry FEMA flood insurance.

Property owners may have a valid complaint against the city of Fargo for dragging their feet on flood protection that could have been implemented over the seventeen years since the 1997 flood.., or at the very least the past five years since the 2009 flood – in order to protect the city that exists, rather than their obsession and tactical maneuvering to make Fargo appear more flood prone to support a cost benefit ratio worthy of inclusion in the WRDA bill, to seek congressional approval and un-likely federal funding for the dam and diversion project they falsely claim as “the only solution” to flooding in the region.

Hit #2
Rep. Paul Marquart, DFL-Dilworth, met with Darrell Vanyo, diversion chair and Jim Nyhof, Oxbow mayor, in hopes of finding a compromise in the heavy handed push on the OHB project, pending the Minnesota DNR review. Marquart was rebuffed with the chapter and verse recitation of the Diversion Authority public relations stance – further confirming Minnesota’s position on state rights.

Hit #3
In a failed attempt by U.S. Army Corps of Engineers to control the “spin” on the proposed project, Aaron Snyder and other Corps official recited compromised information, refused to answer pertinent questions from an alleged project co-sponsor citing pending litigation and pumped up the Corps chest stating it is a Federal Project – inferring that MN may not have a say in the matter. Simply that they are “allowing” Minnesota to go through their motions, but will see it the Corps way in the end.

Hit #4
The Minnesota DNR and MN Attorney Generals Office filed Amicus Curiae motions to join the Richland Wilkin JPA claim against the Corps of Engineers and Fargo Diversion Authority over the project at hand.

Hit #5
Both the Diversion Authority and US Army Corps of Engineers withdrew their opposition to consideration of the Oxbow ring dike dispute as part of the Joint Powers Authority’s federal case. Federal judge Tunheim will decide whether the issue will be considered in State Court or Federal Court. The Joint Powers Authority regards either federal court or state court as an appropriate forum to hear the dispute.

It is almost, as if, Darrel Vanyo and his ilk are trying to double the oppositions effectiveness through Imperial Fargo – Cass arrogance and overreach.

With Fargo Diversion Authorities legal firm Dorsey & Whitney LLP receiving more than $1,040,404.62 in taxpayer dollars…, one has to raise the question if they have ever advised their client to sit down and look for an amicable solution…, rather than betting the farm…, and losing it all?

…but then again, we are dealing with arrogance and overreach…

The state of Minnesota made important legal filing this week. One of the “more interesting” excerpts pertains to Fargo’s land grab and encroachment into the last natural flood plain south of the city. Which is also violate North Dakota law and Executive Order 11988.


…MDNR has a significant interest in this matter because the Fargo-Moorhead Flood Diversion Board of Authority (“Diversion Authority”) asserts that the proposed Fargo-Moorhead flood diversion project (“Project”) is not subject to State regulation. The Project would flood tens of thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead metropolitan area…

Here are 3 important containing the Minnesota position on the Fargo Dam and FM Diversion projects and MN rights, as they pertain to Minnesota permitting authority.

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