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FM Diversion and Dam Increases national debt

Archive for Fargo Moorhead Flood Diversion Board of Authority

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

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.

Case Civil No. 13-2262 (D425 and D426) | US District Court, District of Minnesota (Preliminary Injunction)

Case Civil No. 13-2262 (D425 and D426) | US District Court, District of Minnesota (Preliminary Injunction)

Minnesota Department of Natural Resources Motion and Memorandum in Support of Preliminary Injunction against the Fargo Dam and FM Diversion Project.

DECISION: US Court of Appeals, 8th Circuit - Fargo Dam and FM Diversion

DECISION: US Court of Appeals, 8th Circuit – Fargo Dam and FM Diversion

By virtue of OHB ring levee’s connection with the larger diversion project, its construction does not take place “wholly outside” Minnesota’s borders. Minnesota has an interest in regulating the larger diversion project and its parts.

CASE 0:13-cv-02262-JRT-LIB Document 80

CASE 0:13-cv-02262-JRT-LIB Document 80

Initial authorization is not the final word on a Corps project. Authorized projects may be modified for a number of reasons including cost changes and design modifications. The Corps may not commence construction on a significant flood control project without both Congressional authorization and a Congressional appropriation(s). Congressional authorization of a flood control project does not guarantee federal funding through a Congressional appropriation.

CASE 0:13-cv-02262-JRT-LIB Document 79

CASE 0:13-cv-02262-JRT-LIB Document 79

Nathan J. Hartshorn, MN Assistant Attorney General: The Project would flood thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead Metropolitan Area. The Project also would require construction of a high-hazard dam on the Red River, upstream of Minnesota communities. This high hazard dam requires MDNR dam safety and work in public waters permits, and triggered a mandatory Environmental Impact Statement (EIS) under Minnesota law.

CASE 0:13-cv-02262-JRT-LIB Document 78

CASE 0:13-cv-02262-JRT-LIB Document 78

Nathan J. Hartshorn, MN Assistant Attorney General: MDNR has a significant interest in this matter because the Fargo-Moorhead Flood Diversion Board of Authority (“Diversion Authority”) asserts that the proposed Fargo-Moorhead flood diversion project (“Project”) is not subject to State regulation. The Project would flood tens of thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead metropolitan area.

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