Minnesota law is the only significant obstacle stopping Fargo’s Diversion Authority from building a high hazard dam and intentionally flooding Comstock and most of Holy Cross Township in Clay County. Minnesota law requires Fargo’s Diversion Authority to satisfy the MN DNR that their plan is the least impactful before they will be allowed to dam the Red River. Governor Dayton came to Moorhead to stand up for Clay County residents, to assert Minnesota law, and to warn the FM Diversion Authority to stop violating these laws.
The FM Diversion Authority, on behalf of a unanimous Clay County Commission, is trying to nullify the very laws Governor Dayton came to Moorhead to defend. The Diversion Authority lawyers are arguing in Federal Court that Minnesota’s laws requiring a state permit for the high hazard dam should be declared meaningless. In a legal brief filed in federal court on June 19 of this year, Diversion Authority lawyers argued that Minnesota law should not be allowed to “interfere,” that Federal law should trump Minnesota’s laws. If they are successful Minnesota residents and Governor Dayton will lose their say in whether Comstock and Clay County get intentionally flooded by Fargo’s development plan.
The Diversion Authority is acting on behalf of a unanimous Clay County Commission.
Jon Evert’s vote made it unanimous. Jon Evert and the Clay County Commissioners have aligned themselves against Paul Marquart, Governor Dayton, and every Clay County resident in harm’s way of Fargo’s dam. Evert has gone along with the Diversion Authority’s attempt to strip away the rights and protections Clay County and his constituents have under Minnesota’s laws.
There is no doubt that Jon Evert is a kind and decent man. But he has voted to make unanimous the Clay County Commission’s support of Fargo’s Diversion Authority, and to fund their lawyers who are working to eliminate the protections of Minnesota law. Comstock, Holy Cross Township and Barnesville need a commissioner who will stand up to Fargo and its development plan. Clay County needs a fighter – not a follower.