News Releases for May 2002
May 10, 2002
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North Dakota To Seek Temporary Restraining Order Against Corps
BISMARCK, N.D. - Governor John Hoeven today said he has asked Attorney General Wayne Stenehjem to seek a temporary restraining order barring the Army Corps of Engineers from drawing water from Lake Sakakawea.
The move comes in the wake of a federal judge's decision in Aberdeen barring the Corps from drawing water down from Lake Oahe and Lake Francis Case in South Dakota. South Dakota sued the corps two weeks ago to prevent the agency from lowering Lake Oahe. Oahe is a breeding area for smelt, an important source of food for game fish, including walleyes, popular with sportsmen.
Hoeven has been in close contact with South Dakota Governor Bill Janklow throughout the course of South Dakota's suit. Late Friday, Hoeven received a call from Janklow informing him that the Corps planned to draw water down from North Dakota's Lake Sakakawea to compensate for water a federal judge barred the Corps from taking out of South Dakota waters. Hoeven had state water commissioner Dale Frink confirm the Corps' plans.
"The Corps' threat to draw down Sakakawea just brings the issue of Missouri River management to a head," Hoeven said. "We have worked hard to get the Corps to change the master manual just so that this situation wouldn't arise. We need to protect our own smelt hatch."
Hoeven has been pushing the Army Corps of Engineers to change its Master Manual for managing the upper Missouri River basin. The current manual favors the barge industry in the lower Missouri at the expense of the environmental and economic interests of the upper Missouri River Basin states, according to Hoeven.
Janklow is scheduled to meet with Hoeven in North Dakota Monday. "We anticipate having a temporary restraining order in place Monday morning, and Governor Janklow and I will confer on what further action is appropriate."
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