In a legal brief filed in federal court last week the Minnesota DNR unequivocally stated that the Diversion Authority and its members Clay County and the City of Moorhead are violating Minnesota law and the court should issue an injunction halting construction of the Diversion and the Oxbow Ring Dike.
The DNR flat out rejected the questionable positions adopted by the Moorhead City Council and the Clay County Commission. These two Minnesota governmental entities defied Governor Dayton and ignored Minnesota law to continue to participate with the Diversion Authority. Allowing themselves to be spoon fed by Fargo’s PR team, the majority of these two organizations justified their partnership with Fargo on the false assertion that the Oxbow ring dike is independent of the Diversion.
The DNR’s attorney again pointed out that the Diversion Authority and the Army Corps failed to address the objections and issues the DNR had repeated raised about the Fargo Diversion project. One of those objections was that Fargo’s plan failed to include consideration of distributed upstream retention.
The Assistant Attorney General representing the DNR also clarified the DNR’s position on distributed upstream retention. Concluding her argument in support of the injunction she stated:
“Though the Diversion Authority asserts that all alternatives under consideration by
MDNR would require the OHB Levee and acquisition of property in the path of the
diversion channel, the Diversion Authority forgets MDNR has not yet made its
determination on distributed storage and that the alternatives under consideration
include a “no action” alternative.”
You may read the entire memo online here: D179 DNR Memo on Motions | 117kb – pdf