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Darrell Vanyo letter to Perry Miller and Dave Morken September 19th, 2014

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Fargo Diversion Authority (logo)

211 9th Street South, P.o . Box 2806, Fargo, ND 58108- 2806
Phone 701-241-5600 Fax 701-241-5728

September 19th, 2014

Perry Miller, Chairman Dave Morken, Chairman
Richland-Wilkin Joint Powers Authority MNDAK Upstream Coalition
PO Box 455 17555 62nd Street SE
Wahpeton ND 58075-0455 Walcott ND 58077

Dear Mr. Miller and Mr. Morken:

On September 8, 2014, I sent a letter to Governor Dayton indicating I would be prepared to recommend an opportunity to upstream interests to participate on the Diversion Authority Board. The board has not approved this yet; however, in an effort to expedite the process, I would invite the two of you to discuss this matter with your respective groups and determine who you would nominate for such a board seat. If your nomination is presented to me at least 5 days prior to the next board meeting (October 9, 2014), there is likelihood that the board seat could be placed on our agenda for formal approval at our next meeting.

As you mayor may not be aware, the board positions currently making up the Diversion Authority Board are distributed based upon benefits realized for each city, county, and state. In addition, the distribution of board seats closely parallels the funding source (current and expected) from each state. Because the numbers of 90% (ND) and 10% (MN) have been used throughout this project that is the reason we currently have 7 positions on the board from ND and 2 from MN. This is not an exact 90%/10% distribution, but it is one that met with approval from all Commissions and Councils that approved this distribution when the Diversion Authority was formed.

Some discussion points which may come up at the Diversion Authority Board meeting regarding your seat on this board may include but not be limited to the following:

1) The upstream member would not participate, vote, or receive non-public
information on matters concerning the litigation commenced by the Richland Wilkin JPA against the USACE/Diversion Authority and would recuse themselves from such matters.
2) The upstream member’s voting rights with respect to financial matters (budgeting, source of financing, etc.) may be limited.
3) The upstream member’s seat on the board would be subject to annual approval of the board.

With these items subject to discussion by the board, I welcome full participation and voting by the upstream member on the project design and operation issues, which I understand to be the Richlandl Wilkin Joint Powers Authority’s primary concern. Please let me know if you have any questions. I can be reached at or 701-306-7560. I look forward to receiving your nominee for the board position.

Darrell Vanyo (sig2)
Darrell Vanyo, Chairman
FM Flood Diversion Board of Authority

cc: Richland County Commission
Wilkin County Commission
FM Flood Diversion Board of Authority

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