Arguments were heard today in Manitoba’s challenge of the North Dakota Department of Health decision to modify the operating permit of the Devils Lake outlet, Water Stewardship Minister Christine Melnick has announced.

 

“Last summer’s decision by North Dakota to allow modifications lowered the environmental safeguards governing the operation of the outlet,” said Melnick. “We believe those changes are unreasonable and unlawful.”

 

The legal challenge was filed in North Dakota District Court in Devils Lake last September by the Manitoba government, People to Save the Sheyenne River, the Peterson Coulee Outlet Association and the National Wildlife Federation. The groups have been concerned about the potential environmental impact of the Devils Lake outlet. Manitoba has been actively pursuing this court challenge and has previously filed two written briefs to support its position.

 

Last August, North Dakota’s Department of Health modified the Devils Lake operating permit to allow higher levels of sulfates to be discharged from the lake to the Sheyenne River and expanded the time period each year during which the outlet can be operated. The outlet did not operate last year because sulphate levels in the adjacent Sheyenne River were above state guidelines.

 

Raising the allowable limit for sulphate, combined with extending the annual operating period, will increase the amount of water that can be discharged from Devils Lake. This increases the risk that foreign biota will be transferred into Manitoba, said Melnick.

 

The legal challenge is based on the assertion that North Dakota failed to demonstrate adequate cause for the permit modifications and failed to conduct an anti-degradation review as required for a major permit modification.

 

“The outlet diverts water into Lake Winnipeg via the Sheyenne and Red rivers,” said Melnick. “We believe this water has the potential to harm Manitoba’s aquatic environment by the introduction of organisms not now present in Lake Winnipeg.”

 

It is anticipated that a decision on Manitoba’s appeal will be forthcoming from the court by the end of April.

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