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.

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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.

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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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Defending Richland and Wilkin counties May 15th, 2014

At no time, has the Diversion Authority been willing to discuss with either group, alternatives that would achieve flood control for Fargo and reduce impacts for those upstream. Whether directed by the Army Corps, or by their own attorneys, their practice of stonewalling those who are being hurt is at best unproductive, and at worst, unethical.

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Case # 13-CF-02262 | US District Court, District of Minnesota

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Richland/Wilkin Joint Powers Authority, a Minnesota-North Dakota Joint Powers Authority, Plaintiff, Civil Action No. 13-CF-02262 vs. . . United States Army Corps of Engineers; John McHugh, Secretary of the US Army Corps of Engineers (in his official capacity); Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works […]

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