Case Civil No. 13-2262 (D530) | US District Court, District of Minnesota (MN DNR SUR-REPLY BRIEF)

An April 27, 2016 Corps’ Memorandum similarly shows that the Corps understood the PPA could not be signed unless the Corps provided assurances that the congressionally-approved Requirement was met. Ultimately, the Corps agreed to the Requirement limiting the Corps’ ability to enter into the PPA, took the money, and then abdicated its responsibility to assess the state regulatory and permitting issues affecting the project. The Corps simply ignored the state regulatory issues.

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ND State Water Commissioner letter to FM Diversion Authority RE: Dam Permit

According to OSE staff analysis, approximately 10,380 acres of the area in North Dakota inundated by the FM Dam below 925 feet NAVD 88 are within Richland County. As Richland County is not a member of the Diversion Authority, it is uncertain whether the Diversion Authority has the power of eminent domain in Richland County.

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