Colin Powell on Devils Lake Outlet

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Missouri Sees Colin Powell as ally in water dispute, Missouri sees connection between Devils Lake Outlet and Garrison Diversion outlet/inlet plans that include connecting the Missouri River to Sheyenne River including inlet/outlet to Devils Lake.

Secretary of State Colin L. Powell wrote a letter (July 16) to US Government agencies (Corps, EPA, Interior, Commerce and Agriculture) asking that they answer unresolved factual questions regarding the Devils Lake outlet.

IN part Powell wrote: "The U.S. Army Corps of Engineers (the "Corps") has recently completed its Final Integrated Planning Report and Environmental Impact Statement for Devils Lake, North Dakota ("EIS"). The EIS identifies the preferred means to address flooding caused by the lake's rise to be an outlet to the Sheyenne River, which flows into the Red River and on into Canada. The Environmental Protection Agency ("EPA"), the Government of Canada, the Province of Manitoba, the States of Minnesota and Missouri, and several others submitted comments on the EIS and on the draft EIS released last year.

"Under the FY 2003 Omnibus Appropriations Act, I have been charged with considering whether I can provide assurances that the Devils Lake project 'will not violate' the Boundary Waters Treaty of 1909. Article IV of the Treaty prohibits the United States from polluting waters "to the injury of health or property" in Canada. Thus, my assurances will be based on a determination as to : (a) whether any of the potential impacts from the proposed outlet will constitute "pollution" under the Treaty; and (b) whether any such "pollution" will harm Canadian health or property."

Powell writes, "Until these issues are resolved among the USG technical agencies [listed above], I will not have the necessary factual record upon which to base my decision on assurances."

From the St. Louis Post-Dispatch

Missouri sees Colin Powell as ally in river dispute
By Bill Lambrecht
08/24/2003
WASHINGTON - In a far-flung water war, a Missouri-Canada alliance fighting
to prevent North Dakota from diverting water from the Missouri River may
get help from an unlikely source: Secretary of State Colin Powell.
With plans for a North Dakota project called Devil's Lake outlet in their
final stages, Powell wrote to the Army Corps of Engineers and several
federal agencies last month asking hard questions about environmental
concerns.
Pointing to "unresolved factual and technical issues," Powell said he
didn't have the information needed to certify the project. His approval is
needed under a treaty between the United States and Canada that prevents either country from sending pollutants across borders they share.
Opponents believe the Powell letter is significant because it could delay
fast-moving efforts in North Dakota to build the outlet. They obtained the
letter last week and provided a copy to the Post-Dispatch.
State Department officials did not respond to inquiries about the letter.
Missouri and Canada want to block the Devil's Lake outlet for different
reasons. While Canada fears pollution, Missouri worries that it is a
critical step toward completion of an elaborate plan to divert large
quantities of water from the Missouri River.
The outlet itself would not draw water from the Missouri. But until
recently, it always has been coupled with a Devil's Lake inlet linked to a
system of canals that reach the Missouri River.
"We don't care who stops this outlet as long as it gets stopped," said Joe
Engeln, who heads the Missouri Department of Natural Resources' office on
science and technology.
Citing threats to water supplies, navigation and power production,
Missouri has become more vigilant about protecting the river. The state
also has objected this summer to wildlife-friendly flow changes and a
Corps of Engineers river management plan that would keep more river in
upstream reservoirs.
Missouri officials have been working closely with Canada and Minnesota
hoping to derail several North Dakota projects. Missouri has joined with
Canada in a court case scheduled to be heard in U.S. District Court in
Washington on Tuesday in which Manitoba is challenging another project
that pipes Missouri River water to the northern part of North Dakota.
Construction on the pipeline already has begun.
North Dakota says it needs the Devil's Lake outlet in the northeastern
part of the state to prevent flooding. Water would be pumped through
ditches and pipelines out of the closed Devil's Lake basin into the
Sheyenne River, and from there it would flow into to the Red River and
ultimately to Lake Winnipeg in Canada.
Two such outlet projects are in advanced stages of planning - one by the
Army Corps of Engineers and another by the state of North Dakota. On
Friday, North Dakota's state Health Department removed the last hurdle to
the state-planned inlet by awarding a permit for water discharge.
Neither plan involves transferring water from the Missouri River.
Nonetheless, Missouri officials view them as a main cog in North Dakota's
century long effort to pump massive amounts of Missouri River water for
irrigation, development and drinking.
Missouri Gov. Bob Holden summed up his concerns in a recent letter
thanking Minnesota Gov. Tim Pawlenty for joining the fight against the
outlets.
"Missouri objects to the outlet project because it will inevitably lead to
an inlet providing Missouri River water to stabilize lake levels," Holden
wrote.
North Dakotans don't take kindly to outsiders nosing around in their water
business. The state Legislature passed a resolution this year vowing
unspecified "aggressive action against individuals, organizations and
entities interfering with the development and progress of state water
projects."
In an interview, Sen. Byron Dorgan, D-N.D., referred to Missouri's
attention to the Devil's Lake issues as "an exercise in futility," given
that outlets would not remove water from the Missouri River.
"I can't see any basis under which Missouri has any conceivable interest
in this. It would be the same as if a group of North Dakota politicians
came down to Missouri and got involved in your issues," he said.
Missourians argue that even if the outlet plan doesn't tap the Missouri
River now, it is a key component of the long-planned Garrison Diversion
project in North Dakota, in which American taxpayers already have invested
$800 million.
Reporter Bill Lambrecht:
E-mail: blambrecht@post-dispatch.com > Phone: 202-298-6880

To: T-R (Times Record, Valley City, ND) Editor Cliff W
From: Richard Betting, 11630 39 Street SE, Valley City, ND 58072
Re: Water under the bridge

Last month Secretary of State Colin L. Powell stepped in to help People To Save the Sheyenne in its battle to prevent Devils Lake water from being pumped into the Sheyenne River. He wants what we all do, more information.

Currently there are two Devils Lake outlet plans: One is by the U.S. Army Corps of Engineers, taking water from Pelican Lake at a cost of over $ 200 million. The other is the North Dakota State Water Commission's (SWC) plan to build an outlet from West Bay into the Sheyenne River. Cost estimates are $ 25 million and up. And no money at all for downstream damages.

The North Dakota Health Department recently granted the SWC a 402 permit to drain water into the Sheyenne River. People To Save the Sheyenne is considering appealing the Health Department's permit in district court. The group claims that the permit was granted without a scientific basis, without adequate information to substantiate its promise of no downstream damages from Devils Lake water.

Some recent news stories claimed the Health Department permit was the last hurdle necessary and that the project could now be built. Probably not.

Claiming sovereignty, the State Water Commission has said it doesn't need to get agreement from these downstream jurisdictions: Benson County, through which the canal will pass; downstream Sheyenne River users, who will be negatively impacted by added poor-quality water; Minnesota, which doesn't want Devils Lake quality water either; Missouri, which fears an outlet will lead to an inlet from the Missouri River; and Manitoba, where fears that bacteria and biota will damage its productive fishery.

In fact, last month a challenge to the State Water Commission came from among the highest levels of government: Secretary of State Colin L. Powell wrote to five agencies asking them to settle the dispute that has arisen between the United States and Canada over the Devils Lake outlet issue and, along with it, the Northwest Water Supply Project. Both Manitoba and Canada believe that the projects have been insufficiently studied.

Secretary Powell thinks so too. In a July 16, 2003, letter Powell asked the Corps, the EPA, and the Departments of Interior, Commerce and Agriculture to resolve water quality, biota, and other risks that a Devils Lake outlet would produce. Powell wrote, "I have been charged with considering whether I can provide assurances that the Devils Lake project 'will not violate' the Boundary Waters Treaty of 1909."

Powell went on to state that "In the process of determining whether these assurances can be provided, the Department of State has reviewed the EIS [Environmental Impact Statement] and the comments submitted in response. It appears that there are a number of unresolved factual and technical issues with respect to the project's expected impacts in Canada. Until these issues are resolved among the technical agencies [listed above], I will not have the necessary factual record upon which to base my decision on assurances."

In planning its project to move water-not just from one county to another but from one country to another-the State Water Commission has forgotten the most basic planning action: getting all of the parties to agree to a solution that will help the flooding problem on Devils Lake without harming its downstream neighbors.

Until the State Water Commission has the information-the "factual and technical issues" that Secretary Powell wants studied-to demonstrate its verbal assurances that nothing bad will happen when Devils Lake water flows down the Sheyenne, construction should be halted.

Devils Lake Journal

Colin Powell wants Devils Lake outlet questions answered

By Gordon Weixel-Managing Editor

Secretary of State Colin Powell is taking an interest in a Devils Lake outlet and wants to know he can provide assurances it will not violate the Boundary Waters Treaty of 1909.

The letter, dated July 16, was sent to several agencies and groups involved with the outlet including the Army Corps of Engineers, State Water Commission and People to Save the Sheyenne. Included with the letter are a list of questions relating to water quality issues, biota transfer and invasive species issues.

"Under the FY 2003 Omnibus Appropriations Act, I have been charged with considering whether I can provide assurances that the Devils Lake project 'will not violate' the Boundary Waters Treaty of 1909," Powell writes. "Article IV of the Treaty prohibits the United States from polluting waters to the injury of health or property' in Canada. Thus, my assurances will b based on a determination as to: (a) whether any of the potential impacts from the proposed outlet will constitute 'pollution' under the Treaty; and (b) whether any such 'pollution' will harm Canadian health or property."

Dave Loss, the Corps Devils Lake Project Manager, says several groups have been involved in putting together answers for Powell's questions including the Council of Environmental Quality, Environmental Protection Agency, U.S. Fish & Wildlife Service and the Corps. Plans are to have the questions answered by the end of this month.

Bruce Engelhardt, outlet project manager for the State Water Commission, says Powell's interest may have implications for the state project, which may be underway in the next couple of weeks with the digging of a 300 cfs channel near the Peterson Coulee.

"Our source of water is not as good as proposed by the federal outlet, that's true," Engelhardt explained.

(For complete story see Sept. 23, 2003 Journal) 09/23/03

> Outlet foes get say
> By Janell Cole
> The Forum - 09/23/2003
>
> BISMARCK -- Saying a Devils Lake outlet is too expensive and unnecessary,
> opponents appealed Monday to the state engineer, asking that he change his
> mind about granting a permit for the project.
>
> People to Save the Sheyenne, Peterson Coulee Outlet Association and Benson
> County officials want State Engineer Dale Frink to reverse his July 2
> decision to grant the permit to drain flood waters from the swollen lake.
>
> During an all-day hearing at the Capitol, Benson County officials said
> they've been ignored by the state.
>
> State officials have not given the county the "common courtesy" of
> inclusion in the process, said John Beckstrand of Warwick, chairman of the
> Benson County Water District.
>
> "We never got a dime out of living next to Devils Lake," he said. "It's
> like sleeping next to an elephant. When they move, you've just got to get
> out of the way."
>
> The $25 million project, authorized by the Legislature, will pump water t
> through a series of pipelines and canals from the west end of the lake into
> the nearby Sheyenne River. Construction could start this fall, but some
> land along the route may have to first be condemned because of landowners'
> objections.
>
> The Peterson Coulee group wants any outlet to draw water from the east end
> of the lake, through Stump Lake and into the Tolna Coulee, which would
> then drain into the Sheyenne. But even that is unnecessary, said Thelma
> Paulson of Maddock, president of the coulee association.
>
> "There is no need for the outlet because the wet cycle has ended," she
> said.
>
> People to Save the Sheyenne say Devils Lake water will pollute the river
> and cause international relations problems with Canada, which opposes the
> project. They don't want the outlet at either end. The Sheyenne River
> flows into the Red River, which flows north into Manitoba.
>
> Dick Betting, secretary of People to Save the Sheyenne, presented a letter
> he said was from Secretary of State Colin Powell. In it, Powell asks
> questions about the environmental impact of an outlet.
>
> The letter cites the 1909 Boundary Waters Treaty between the United States
> and Canada and says Powell must be able to assure Canada the Devils Lake
> project will not violate the treaty by harming Canadian waters.
>
> Betting said his group's questions are the same as Powell's.
>
> But the state Water Commission's assistant attorney general, Matt
> Sagsveen, and the hearing officer, Assistant Attorney General Charles
> Carvell, were skeptical of the Powell letter because it is not addressed
> to anyone, because Betting retyped it and because Betting doesn't know who
> faxed the alleged original to him.
>
> He said he retyped it because the faxed version is too muddy to read.
>
> A case for the project was presented by Frink-supervised state Water
> Commission employees and contractors, who said the outlet is necessary to
> stabilize the lake, won't harm the river and should have been built years
> ago.
>
> Frink will later decide if the hearing changed his mind.
>
> Readers can reach Forum reporter Janell Cole at (701) 224-0830