Fargo Lawmakers Laying Plans to Deplete ND Legacy Fund

Feature Funding How FMDA Project Evolved

On Jan 7, 2020 Jim Roers and Shannon Roers Jones were guests on AM1100 the Flag.

Make no mistake, Fargo lawmakers are colluding to find a way into the ND Legacy Fund and drain the fund.

As of January 2020 the ND Legacy Fund has a stated value around $5.5 billion.

Politicians never found a dollar they didn’t want to spend, especially when it benefits themselves.

This is an election year and politicians will do anything and say anything to solicit your vote.

 

 

 

When Jim Roers, other Fargo lawmakers and diversion proponents that “drank the kool-aid” try to gaslight you on the (FMDA) Fargo Dam and FM Diversion project ~ take a look back and understand how confirmation bias turned a $400 million flood control project into a $4-$5 billion dollar development plan disguised as flood control.


Use This Resource Timeline to Better Understand the FMDA Project

9/9/2005 | FMUS study found 1.6 feet of flood reduction benefit with 400,000 acre feet of distributed retention for an estimated cost of $400 million. The study stated that existing levees provided 100 year flood protection. (read more…)
EMAIL USACE email states that the: “…Fargo-Moorhead and Upstream (FMUS) agreement was terminated by the co-sponsors in January, 2013, before a Feasibility Report was completed…”
(read more…)
3/10/2007 Fargo releases growth plan citing: “The ability to accommodate this growth is contingent on completing flood control projects in the city.” (read more…)
3/10/2007 FEMA floodplain remapping will have to re-evaluate the newly released growth plan and increase 100 year flood levels in relation to water displaced by Fargo’s intended growth into natural flood plain area. (read more…)
Oct 2007 FEMA flood insurance study scope cites detailed analyses of Drain 10 Breakout, Drain 53 Breakout, Red River of the North and the Wild Rice River, with priority given to all known flood hazards and areas of projected development or proposed construction. Drain 53 historically handled water from the natural flood plain which has been subject to significant encroachment from development. Drain 53 runs adjacent to Fargo Davies HS and joins Rose Coulee behind Fargo Mayor Tim Mahoney’s Timberline address. (read more…)
1/22/2008 Jeff Volk, Moore Engineering, presented the Southside Flood Protection plan at the 25th Annual Red River Basin Conference. All photos in the presentation underscore Fargo’s disregard for natural floodplain benefit and desire to construct flood protection for the existing city. (read more…)
4/29/2009 USACE indicated that Fargo Southside Project would violate Executive Order 11988 because it facilitates development of undeveloped flood plain. USACE expressed that there may not be sufficient sufficient economic justification to warrant Federal participation (i.e. cost/benefit). (read more…)
5/28/2009 Red River Diversion fails cost-benefit test (0.65). (read more…)
5/27/2009 Special hearing testimony from former Fargo Mayor Dennis Walaker reveals that 2009 [flood] was a 100 year event or greater. (read more…)
6/14/2009 Jeff Volk, Moore Engineering, advised “local officials” to get behind the project and sell it to the public with “authority”. (read more…)
9/28/2009 St. Paul District of the US Army Corps of Engineers conducted an EOE (Expert Opinion Elicitation).(read more…)
10/22/2009 CCJWRD discussed cost/benefit and future funding – unanimously supported USACE study large enough to handle 500 year flood event. (read more…)
10/22/2009 CCJWRD passed resolution #2009-18 supporting a ND diversion with the largest geographical area possible to improve the struggling cost/benefit ratio. (read more…)
10/28/2009 CCJRWD was aware of failing cost/benefit ratio and outlined three options to fund the project which include imposing a sales tax, raising the county mill levy and special assessments. The suggestion to communicate with neighboring cities was ignored. (read more…)
11/2/2009 Cass County commissioners vote to support ND Diversion 1 year prior to Cass Co sales tax vote. (read more…)
11/3/2009 Cass County Commission passed resolution #2009-18 supporting a ND diversion with the largest geographical area possible to improve the struggling cost/benefit ratio. (read more…)
11/3/2009 USACE presents map of ND and MN alignments to Cass and Clay county leaders. Does not hold public meetings for impacted areas upstream of the proposed alignment. (read more…)
11/5/2009 US Army Corps of Engineers Senior Planner & Project Manager Craig Evans indicated that they would need to “optimize” the plan to get above a 1.0 cost/benefit ratio. Diversion Co-Chair Tim Mahoney indicated the work group wanted 500 year flood protection. USACE Engineer Zoltan Montvai advised the group to pursue 500 year flood protection. (read more…)
11/12/2009 Kevin Campbell (Clay County) stated the consensus of the group is to “meet a high level and larger area of protection”. Craig Evans (USACE) said there will be no action by the Corps if the selected plan is under 1.0 cost/benefit. (read more…)
11/20/2009 Cass County Commission encourage the CCJWRD to hire a consultant to focus on the cost/benefit ratio. (read more…)
11/24/2009 Kevin Campbell (Clay County) recommended proceeding with “nothing less than 500 year flood protection” and to remove levee protection from the list of alternatives. Both motions were carried. (read more…)
12/17/2009 USACE report used disinformation calling “Class 1 High Hazard Dams” – “Control Structures”. (read more…)
1/15/2010 Aaron Snyder (USACE) stressed that any diversion that falls under cost/benefit of 1.0 cannot be recommended. (read more…)
1/28/2010 USACE confirms that 2009 flood was greater than a 100 year flood event after considering EOE (Expert Opinion Elicitation) study findings. The USACE further admits that critical data used is based on theoretical assumptions and unproven methods. Citing unrealistic expectation of 36 foot river level in 500 year flood event. (read more…)
2/1/2010 USACE indicated that downstream impacts are greater with a North Dakota alignment. (read more…)
2/4/2010 Craig Evans, USACE Senior Planner & Project Manager, said had the Work Group not suggested the North Dakota plans, the Corps would not have kept them in the study because of the costs. *** THE CURRENT PROJECT IMPACTS WOULD NOT EXIST – HAD THE DIVERSION PLANNERS NOT PUSHED TO INCLUDE THEM *** (read more…)
2/18/2010 Ken Goettel, Goettel & Associates, Inc. (consultant hired by CCJWRD) indicated that the USACE is looking at climate change and if additional development growth areas would slow. (read more…)
3/4/2010 Gregg Thielman, Houston Engineering, said modeling was used to figure upstream
storage in order to reduce downstream impacts to zero and implementation of effective storage would take 40 years and would cost over $80 million. (read more…)
3/11/2010 Doug Burgum said a ND diversion would benefit from the political support of the Big Eight legislators so he asked the Work Group to support a ND diversion. Additional pressure to pursue 500 year flood protection came from the GFMEDC. (read more…)
3/18/2010 Darrell Vanyo, Cass County Commissioner, moved that the ND 35k be selected at the LPP (Locally Preferred Plan) citing the objective of providing protection to the “greatest amount of land”. (read more…)
3/24/2010 Roger Olson, CCJWRD, made the motion to support the ND 35k Diverion – which was seconded by Mark Brodshaug, CCJWRD – motion carried. (read more…)
3/29/2010 Upstream impacts and location chosen by local sponsor (Fargo) on March 29, 2010 – plans to move impacts shifted upstream.
No plans were made to notify upstream property owners.
(read more…)
4/5/2010 Fargo and Cass County agree to delay sales tax vote. (read more…)
4/8/2010 Oxbow officials asked why they were not included in the protected area. Jeff Volk, Moore Engineering, said it had to be “economical and feasible”.
No plans were made to notify upstream property owners. (read more…)
4/22/2010 Aaron Snyder, USACE, regarding flexibility of project alignment: “…some flexibility but it would be in feet versus miles…” (read more…)
4/25/2010 John Hoeven (former ND Governor) inferred the success of past flood fights harmed the cost/benefit ratio and that a “higher NED” would make local funding “more feasible”. (read more…)
4/25/2010 Mike Williams, Fargo City Commissioner (former) argues for more growth area as he references the ND project alignment which displaces water from the existing natural flood plain for development purposes creating impacts downstream and upstream. No plan to notify upstream property owners. (read more…)
5/13/2010 Aaron Snyder, USACE, indicated the ND 35k cannot meet the work group’s goal of 500 year flood protection and that ND soils are fairly poor and would drive up costs “significantly”. (read more…)
5/13/2010 USACE raised 100 year flood level, which improved cost benefit ratio.
5/13/2010 Engineers present question: to stick with the current locally preferred plan, or move to something bigger? (read more…)
5/14/2010 Engineers used shorter sequence of history for analysis, found
reason to expand the NED (National Economic Development) project. (read more…)
5/16/2010 USACE admits that EOE was reason for increase in 100-year flood estimate for Fargo. (read more…)
5/26/2010 Aaron Snyder, USACE, indicated the groups goal of 500 year flood protection drives up costs and makes the benefits of the MN 40K the NED plan with expected annual damages of $195 million. (read more…)
5/28/2010 USACE admits that no alternatives were carried forward that lacked a dam control structure based on the EOE data used to raise the 100 year flood level. Reason: improved cost benefit ratio. No plan to notify upstream property owners.(read more…)
5/28/2010 USACE continued their disinformation campaign using the term “Control Structures” to quell push-back on multiple “Class 1 High Hazard Dams” contained in the proposed project. (read more…)
7/9/2010 Tim Mahoney, (former Deputy Mayor Fargo) Mahoney said a special assessment district could make up the difference between the funding needed and what is generated by sales tax. (read more…)
7/23/2010 Sean M. Fredricks, Ohnstad Twichell, suggested that voting should reflect the amount of money you bring to the table and that the CCJWRD wanted a special assessment district to finance a portion of the Fargo-Moorhead Metropolitan Feasibility Study and maintenance of the project. (read more…)
8/5/2010 Metro Flood Study Work Group Technical Committee indicated alignment modeling reflect impacts to as far as Drayton, ND. (read more…)
8/9/2010 Minnesota Public Radio reported increasing opposition to diversion project. (read more…)
8/13/2010 CCJWRD discussion becomes more focused on wording over special assessment district. (read more…)
8/27/2010 Warren Solberg, property owner in Stanley Township, frustrated that the Corps of Engineers could not give him an answer when he asked what was going to be done, so he does not know how that will impact them.

Michael R. Buringrud and Mark Brodshaug said it has to be clear that a special assessment is likely to be part of the financing package for the project and it is important for the public to know that prior to voting on the county sales tax in November. Cass County is adamant that the Metro Joint Powers Agreement is in place before the November election vote, so the three-party Joint Powers Agreement needs to be approved first.

Q: Why would the Joint Powers Agreement needs to be approved before letting the public know that special assessment are also needed? (read more…)

9/10/2010 Gregg Thielman, Houston Engineering, admits they are NOT USING the FEMA 100 year level on downstream modeling which is producing higher impacts. Jeff Volk, Moore Engineering, suggested the extra water is from the newly protected areas, where water used to spread out. No plan to notify upstream property owners. (read more…)
9/24/2010 Despite significant downstream impacts from the newly protected areas ~ Roger Olson, CCJWRD, redirected discussion about notifying the public before the sales tax vote in November. (read more…)
10/7/2010 Brett Coleman, USACE, expressed concerns over downstream impacts and a need for an alternative. Mark Bittner, City of Fargo, the focus is a self contained project that needs to meet certain criteria (500 year level). (read more…)
10/11/2010 Dennis Walaker (former Fargo Mayor) expressed concerns that passing the Cass County sales tax could be a challenge. Mike Montplaisir (Cass co. Auditor) referred to flooding issues and upstream storage. No plan made to notify upstream property owners. (read more…)
10/14/2010 Darrell Vanyo (former Cass Co. Commissioner) evaded questions regarding the county asking voters to pass a tax with no approved spending target – stating that leaders in Fargo, Moorhead, Cass and Clay counties unanimously selected a North Dakota-side diversion as the locally preferred plan. No plan made to notify upstream property owners. (read more…)
10/24/2010 Home Builder Association and ND Association of Builders listed as top sponsors pushing “YES” vote on Cass County sales tax vote. All listed donors stand to make money from proposed diversion project. No plan made to notify upstream property owners. (read more…)
10/29/2010 Fargo Forum display bias from their “bully pulpit” to vilify sales tax opponents and champion government overreach. No plan made to notify upstream property owners. (read more…)
10/31/2010 Fargo Forum framed the proposed Cass County Sales Tax Vote as primarily funding the Red River Diversion, cited as the locally preferred option. No plan made to notify upstream property owners. (read more…)
11/03/2010 USACE newsletter boasted that the Fargo fastest feasibility studies ever drafted by the Corps naming Aaron Snyder as the prime proponent. The article also noted the cost-to-benefit ratio diversion was 0.65, which was too low for federal funding. The study indicated downstream impacts were greater than anticipated – the USACE knew that major adjustments to the plan would have to made. No plan made to notify upstream property owners. (read more…)
11/03/2010 Cass County Resolution #2010-26 passed despite 10 of 12 rural districts overwhelmingly opposing by 1,638 votes. (read more…)
11/03/2010 Dave Piepkorn (Deputy Mayor & Commissioner) was correct is referring to the ballot language as “really vague” ballot language citing a line that referred to the money being used for a diversion “and other flood control measures.” Cass County Resolution #2010-26 passed with 11 of 12 rural districts opposing by a margin of 22 votes. (read more…)
11/10/2010 USACE officials met with local leaders behind closed doors on Monday to discuss the latest on the proposed Fargo-Moorhead Red River diversion. Dennis Walaker (former Fargo Mayor) was quoted: “One of the primary reasons for Walsh’s visit was to discuss the half-cent Cass County sales tax approved last week by voters. (read more…)
11/11/2010 Closed meeting draws fire from some local leaders. Stating: “This causes enormous damage to have some officials excluded from meetings” and “Meetings in which the public is not involved lead to mistrust.” (read more…)
11/14/2010 Fargo Forum editorial “blasts” the USACE and diversion planners for holding a closed door meeting “…carefully structured to skirt North Dakota’s crystal-clear open meetings law…” underscoring mistrust. (read more…)
11/18/2010 Aaron Snyder, USACE, feigned concern over using floodplain for future development yet is willing to utilize upstream staging to allow future development of nearly 80 miles of natural floodplain. (read more…)
11/18/2010 First Public Notice of Upstream Impacts: USACE and local leaders arguably unveil what was talked about during their closed door meeting held 6 days after the Cass county sales tax vote.
Diversion planners try to assert that the shift was a new surprise and that it all occurred in the few days since the county sales tax vote. Yet, it was lightly referenced by former Fargo commissioner Mike Williams in April 2010 and by the USACE when they raised the 100 year level in May 2010. For 6 months diversion planners were dealing with engineers armed with new data and using a shorter sequence of history created by the EOE panel for analysis, found reason to expand the NED project – those numbers were released May 13, 2010.Cass County Joint Water Resource District minutes from Sept 24, 2010 indicate the USACE was well aware that significant impacts were occurring upstream and considered moving the inlet structure 6 miles north. All the “new impacts” are based on the synthetic event (not existing conditions) created by the EOE panel which which was used to increase the 100 year flood event and downgrade the record 2009 flood event.

This was the first time upstream property owners were notified they would be impacted by nearly 8.5 feet of water after having been denied due process, participation or a seat at the table preparing themselves for the challenges to come.

In short, the USACE and diversion planners didn’t want upstream property owners to have timely opportunities to raise a legal challenge ~ like downstream opponents did as the project developed. The USACE and diversion planners waited 234 days to notify upstream properties of intended impacts. (read more…)

11/21/2010 Have a LOUSY Thanksgiving – courtesy USACE and Fargo: First opportunity for Oxbow, Hickson, Bakke residents to meet and discuss incursion and impacts, sprung on upstream property owners, by USACE and Fargo on upstream areas. (read more…)
11/23/2010 Fargo Forum blasts USACE as “TONE DEAF” for inconsistencies in handling diversion plans. Framing the frightening projections as premature, suggesting the corps needlessly upset close-in upstream neighborhoods with faulty or incomplete corps’ data. (read more…)
11/24/2010 Oxbow, Hickson and Bakke residents speak out about USACE proposed changes that would flood their community. (read more…)
11/24/2010 Dennis Walaker, former Fargo Mayor, attempts to influence CapX2020 power-line alignment to accommodate FMDA project alignment. (read more…)
12/08/2010 First Public Meeting With USACE and Diversion Planners: First opportunity to meet with Diversion Planners and USACE to discuss impacts of LPP selected by Fargo, Moorhead, Cass and Clay counties on March 29, 2010. 254 days passed before the USACE and diversion planners met with upstream property owners regarding project impacts and provided no answers on mitigation. (read more…)
12/9/2010 Darrell Vanyo, Cass County, asks upstream residents to be patient despite having been left out of all decisions leading to impacts affecting upstream properties. (read more…)
1/11/2011 Kindred School District concerned about diversion impacts, loss of tax base and loss of $475,000 in state aid. (read more…)
1/14/2011 USACE denies West Fargo development area that was given to Fargo. (read more…)
1/26/2011 City of Oxbow passes resolution of opposition to the FM Diversion, sends letter to USACE detailing near 500 year existing city flood protection. (read more…)
3/11/2011 Aaron Snyder (USACE) ignores concerns over 8 feet of upstream impact, suggest buyouts. (read more…)
3/31/2011 Darrel Vanyo sends claim of “no negative impacts south of Highway 46”. (read more…)
3/31/2011 Kindred schools to lose over 100 students as a result of proposed flood diversion plan. (read more…)
4/4/2011 NEW DIVERSION FOES: MinnDak Upstream Coalition forms. (read more…)
5/25/2011 Hundreds gather in the Kindred, N.D voice opposition to a proposed destructive Red River diversion plan. USACE and Fargo (former Deputy) Mayor Tim Mahoney ignore attendees by falsely claiming “…a diversion is the only viable long-term solution to flooding in Fargo-Moorhead…” (read more…)
5/27/2011 Fargo Forum ignores journalism, make argument to ignore due process, uses political bias to marginalize upstream property owners. (read more…)
6/1/2011 Diversion supporters ignore sensible, cheaper alternatives. (read more…)
11/24/2010 Dennis Walaker, former Fargo Mayor, repeats attempt to influence CapX2020 power-line alignment asking that the CapX2020 corridor be located entirely outside the FMDA project alignment. (read more…)
6/18/2011 Imperial Fargo and USACE intend to erase cities from map with proposed project. (read more…)
7/15/2011 Forum Forum uses the “big one” rationale for diversion support. Completely ignores growth in natural flood plain as major problem in flood risk. (read more…)
8/3/2011 Fargo Forum tries to foment fear of flooding using National Weather Service staff – entirely miss prediction. Underscores lack of credibility in long range flood forecasting or science supporting proposed Fargo Dam and FM Diversion. (read more…)
8/10/2011 Dennis Walaker (former Fargo Mayor) and ND Sen. Kent Conrad embellish flood damages in argument for diversion project. Walaker contradicts himself by claiming “that dams and dikes are not the answer for the F-M area”, ignoring that the USACE plan relies 100 percent on “dams and dikes”. (read more…)
8/12/2011 Aaron Snyder, USACE will arbitrarily raise 100-year flood definition ignoring FEMA. (read more…)
9/4/2011 Taxpayers Get Stuck With Bill: USACE says local sponsors on hook for $51 million (2011 dollars) in I-29 costs. (read more…)
9/23/2011 Diversion planners conspire with USACE in Washington on proposed diversion project. (read more…)
9/23/2011 Diversion planners and USACE present incomplete data to Civil Works Review Board and refuse to include upstream property owners. (read more…)
9/23/2011 USACE makes misleading claim that they complied with Executive Order 11988. (read more…)
9/24/2011 FEMA has clear position on floodplains – EO11988. (read more…)
9/24/2011 FEMA warns Darrell Vanyo, (former Cass County Chair), that “floodways and adjacent floodplain areas must be kept free encroachment.” (Violation of EO11988) [Darrell Vanyo publicly denied/avoided the existence of the FEMA letter] (read more…)
9/26/2011 Fargo Forum position undermines FCC Fairness Doctrine. Article illustrates media bias toward dam and diversion opponents. (read more…)
9/26/2011 Upstream property owners meet to air grievances and lack of inclusion in critical meetings formulating dam and diversion project. (read more…)
10/1/2012 Without a public vote, community input or support – the Cass county commission used a defective $65 million OHB (Oxbow, Hickson, Bakke) cost estimate to advance a plan that denied property owners the legal right to mitigation and to be made whole. (read more…)
10/11/2011 Largest election donor to Coalition for Cass County Flood Protection in support of the Cass County sales tax claim building slump on diversion. (read more…)
11/06/2011 Jon Evert (former Clay County Commissioner) speaks out against the FMDA project, calls for diversion planners to go back to the drawing board. (read more…)
11/14/2011 Mark Bittner (former Fargo City Engineer) admits that a meeting between diversion officials and affected residents came way too late. 595 days after diversion planners chose a North Dakota alignment as the LPP (locally preferred plan). (read more…)
11/16/2011 Darrell Vanyo, Diversion co-Chair, refuses to consider compromise that would reduce project impacts. (read more…)
11/23/2011 MNDak Upstream Coalition newspaper insert – Red River Information Guide (read more…)
11/23/2011 Impacted property owners pool donations to purchase newspaper space to speak out against false information being disseminated by FMDA project proponents. (read more…)
11/24/2011 FMDA used $2,224.20 of taxpayer dollars to run a propaganda advertisement lobbying project support. (read more…)
12/20/2011 Confidence in USACE abilities erodes as United States Court of Federal Claims decision finds significant design flaw in another North Dakota project. (read more…)
3/8/2012 Without consent of the Oxbow City Council -or- Hickson -or- Bakke residents, Oxbow Mayor Jim Nyhof submitted a proposed ring dike that undermined buyout options for impacted property owners and compelled the same properties to remain in the staging and storage area behind a Class 1 High Hazard dam with 7-12 feet of water surrounding the communities to the FMDA. (read more…)
7/3/2012 How Fargo is following the road-map of the Stockton, CA financial crisis. (read more…)
9/17/2012 City of Oxbow officially opposes the F-M Diversion project, claiming to join MNDak Upstream Coaltion. (read more…)
10/01/2012 Against the wishes of property owners in Oxbow, Hickson and Bakke (OHB) ~ the FMDA consensus was to obligate OHB residents to exist behind a ring dike in a staging/storage reservoir because it was cheaper than buying the homes in the area. (read more…)
10/23/2012 Scott Wagner (Cass County) moved and Kevin Campbell (Clay County) seconded to request the Army Corps of Engineers to work with residents of Oxbow, Hickson, and Bakke Subdivision to conduct further analysis of a ring dike levee concept for the area. Motion carried unanimously. FIRST OFFICIAL “OHB” MEETING WAS HELD 311 DAYS LATER ON AUGUST 28, 2013 (read more…)
10/23/2012 Scott Wagner (Cass County) moved and Kevin Campbell (Clay County) seconded to request the Army Corps of Engineers to work with residents of Oxbow, Hickson, and Bakke Subdivision to conduct further analysis of a ring dike levee concept for the area. Motion carried unanimously. FIRST OFFICIAL “OHB” MEETING WAS HELD 311 DAYS LATER ON AUGUST 28, 2013 (read more…)
2/13/2013 Diversion officials seek PR funds, fear public opinion may be swaying. (read more…)
2/17/2013 Business leaders in favor of diversion form task force to pressure lawmakers. (read more…)
2/26/2013 Fargo Forum blasts lawmakers that question diversion agenda. (read more…)
3/16/2013 Dickinson Press newspaper blasts $65 million Oxbow wish list. (read more…)
3/19/2013 AE2S drafts two versions of misleading talking points to gaslight lawmakers and the public.

Version 1 (14 items)
Version 2 (18 items)

3/20/2013 Misleading talking points drafted by AE2S are debunked as political stunt. (read more…)

 

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2 thoughts on “Fargo Lawmakers Laying Plans to Deplete ND Legacy Fund

  1. This is the biggest waste of tax payers money in the history of the United States. I have never seen people so excited to scam the tax payer.

  2. Bill is right. To saddle the state, county, and federal government with a 5 billion $ bill is ridiculous. Any Nd resident should be screaming at the top of there lungs. This has been a con job from the beginning and just a big payout for all involved.

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