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MnDak Upstream Coalition A coalition of concerned citizens, both directly and indirectly affected by the proposed Fargo Dam PO Box 35 ▪ Christine, ND 58015 |
January 2020
Dear members of the MnDak Upstream Coalition:
I am writing on behalf of the MnDak Upstream Coalition to request your assistance once again. The legal battle over the FM Diversion has entered its most critical stage. The trial on our lawsuit over Fargo’s plan to dam the Red and Wild Rice rivers will be held in June in St. Paul. In October of 2016, the Minnesota DNR found Diversion Plan A unlawful for a whole host of reasons, chief among them was that it was not the least impact alternative, and that smaller, less damaging and more cost-effective options exist that would fully protect the FM Metro. Minnesota law prohibits the construction of high hazard dams such as those included in the FM Diversion, unless the proponent of the plan can show there is no less impactful alternative. In December 2018, in the eleventh hour of Governor Dayton’s term, the DNR inexplicably reversed its denial order after Fargo submitted a Plan B. Plan B actually has a larger footprint that the Plan A that was denied a permit. The political pressure applied to reverse the DNR’s decision will not stand up in court once it is shown that Plan B does not materially differ from Plan A and violates Minnesota law for all the same reasons.
The next five months will be the most expensive stage of our legal fight. Expert witnesses, essential to pierce the false narratives being pushed by Fargo, have been retained to testify. These witnesses are necessary to show Fargo rejected better, cost effective flood protection plans in order to promote commercial development of the flood plains north and south of the FM Metro. The law and the facts favor us and should count more than politics in a court of law. Our unscrupulous opponents, however, have been open about their desire to prevent us from making our case by driving up the costs. We need your help.
As noted in the recent JPA Editorial:
“No one should be confused about what is at stake. The Diversion Authority is taking more than 30,000 acres out of the natural floodplain so developers and home-builders can make more money. The upstream counties, townships and school districts are bearing the cost of reduced property tax revenues and enrollments. Churches are being displaced and cemeteries are being flooded. Businesses that rely on stable agricultural production will be at risk because of a staging area that will be flooded with up to 8 feet of water. Upstream residents begin a new decade with conviction and commitment to seeing this through. Hats off to all of you who offer your support. We can do the right thing.”
Please send a contribution to help us make this fight, to help pay for our experts and our lawyers.
Send your checks payable to:
MnDak Upstream Coalition
C/O Treasurer Pat Otto
PO Box 35
Christine, ND 58015
Dave Morken
Chairman, MnDak Upstream Coalition
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