March 29, 2004

The Manitoba government is launching a legal challenge in the form of an appeal against North Dakota’s Devils Lake water diversion project, Water Stewardship Minister Steve Ashton announced today.

"While our priority is to have the International Joint Commission review the Devils Lake project, we have chosen to join our allies from North Dakota in launching legal action to stop the project," said Ashton. "This project poses a threat to Manitoba’s water resources and could affect the commercial fishery on Lake Winnipeg, deteriorate water quality and impact the quality of life of all Manitobans."

The province has appealed the North Dakota Department of Health National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to delegated authority under the U.S. Clean Water Act. The permit was first issued in August 2003. The State of Minnesota, the Government of Canada, Manitoba and citizens of North Dakota thereafter petitioned the department to reconsider its decision. In February 2004, the department issued its final notice regarding the permit and a 30-day appeal period began.

The Province is joining People to Save the Sheyenne, a citizens organization which was formed in 1997 to oppose an outlet from Devils Lake, to file a legal challenge in state court.

"We have tried to make our case that Devils Lake water will harm us, but they’re just pushing ahead," said Milton Sauer, president and spokesperson for the People to Save the Sheyenne.

The U.S. Department of State (USDS) wrote to the Governor of North Dakota earlier this month to note continuing Canadian concerns about the state outlet project. The USDS urged that North Dakota consult with the department at the earliest opportunity before proceeding with the temporary outlet.

"North Dakota is unilaterally and aggressively moving ahead with construction of the outlet in spite of recent concerns raised by the U.S. Department of State," said Ashton. "Manitoba has pursued diplomatic options to raise our concerns with the project but all of these have been ignored by North Dakota. As a result, Manitoba has a responsibility to challenge this project to protect the interests of our citizens."

Ashton noted that, in addition to Manitoba and the People to Save the Sheyenne, opposition to the project has been expressed by the Government of Canada, the states of Minnesota and Missouri, the National Wildlife Federation and the Peterson Coulee Outlet Association.

In February, several American First Nations agreed to joint action to oppose the Devils Lake outlet project. The Red Lake Nation, Spirit Lake Nation, White Earth Reservation and the Assembly of Manitoba Chiefs participated in a First Nations and tribal summit.

"Manitoba is committed to working with all of our allies on both sides of the border who oppose this project," said Ashton.

Manitoba has been calling for the Government of Canada to pursue a joint reference with the United States to the International Joint Commission on the project. The International Joint Commission was created under the Boundary Waters Treaty of 1909 to deal specifically with trans-boundary water disputes.

"Manitoba firmly believes the Devils Lake outlet project would violate the Boundary Waters Treaty of 1909," said Ashton. "If the project is completed without challenge, this could set a serious precedent for Manitoba and many other Canadian and U.S. jurisdictions."

Devils Lake is a closed sub-basin lake that has been isolated from the Hudson Bay drainage basin for over 1,200 years. Manitoba opposes the outlet plan because it could release dissolved solids, sulphates and harmful nutrients (40 more tonnes of phosphorus per year) as well as foreign fish pathogens and fish diseases to the Sheyenne River that connects to the Red River and eventually flows into Lake Winnipeg.

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