U.S. Army of Engineers - Devils Lake, North Dakota
Final
Integrated Planning Report and Environmental Impact Statement -
April 2003
In February 2003 the U.S. Army Corps of Engineers announced that
it had identified the Pelican Lake outlet plan as the
"Preferred Alternative" - that is, of the alternatives
being considered in its Environmental Impact Statement (EIS). The
cost of the outlet has almost doubled from the earlier estimate of
$97 million to $186 million. The FINAL EIS was released in April,
2003. The deadline for comments on the "Final" was June
19. Following Corps review of the comments a "Record of
Decision" (the last step in the NEPA process) will be issued.
It will contain one or more recommendations on what alternatives to
implement.
The Corps’ report has been broadly criticized for its choice of
an artificial outlet as the preferred alternative to relieve
flooding when other measures such as continued infrastructure
protection were identified as being more effective, less costly, and
environmentally superior. Upper basin water storage and irrigation
are additional alternatives which should be more fully considered.
Manitoba
jointly provided comments with Environment
Canada and Fisheries and Oceans Canada, then submitted separate
comments to reiterate major areas of concern. Numerous other
agencies and jurisdictions submitted comments highly critical of the
Corps’ proposed outlet including the National Wildlife Federation
(US) and the Minnesota Conservation Federation, the U.S.
Environmental Protection Agency, Minnesota Department of Natural
Resources, Minnesota Pollution Control Agency, Missouri Department
of Natural Resources, People to Save the Sheyenne, plus others.
North Dakota temporary emergency outlet
The State of North Dakota
(State Water Commission) is pursuing a 'Peterson Coulee temporary
emergency outlet' project to move water from Devils Lake to the
Sheyenne River.
Engineering and design plans were completed in the summer of 2002.
When the Corps announced in the late summer that the release of the
Final EIS would be delayed until early 2003, North Dakota reversed
its position that it would not proceed on its outlet until after the
Final EIS. The State Water Commission called for tenders to begin
construction of its outlet project. Construction of phase one,
preparation of a road and leveling of a pumping station site, was
been completed in late fall of 2002. The SWC has stated its intent
to continue construction in the summer of 2003.
In July 2001 the ND State Water Commission placed an advertisement
requesting proposals for engineering services relating to a Peterson
Coulee outlet and subsequently awarded the contract to Bartlett,
West and Boyle of Bismarck. The Request for
Proposal states that 'The state desires implementation of
this outlet project without the need for any federal authorization
or approval and without affecting any federal property interest.' The
state contends that in the absence of that federal interest, the
state is relieved of any obligation under the National Environmental
Policy Act (NEPA) to carry out a an Environmental Impact Statement (EIS).
Manitoba, Canada and numerous U. S. interests including the Spirit
Lake Nation have called for a full EIS for any temporary
or permanent outlet project proposal.
Internal solutions are available to North Dakota (such as upper
basin storage and flood protection works). Because of the minimal
effect of an outlet on Devils Lake water levels, flood protection
works need to be constructed in any case.
A special study by the U.S. Army Corps of Engineers concluded that "an
outlet is not the necessary or appropriate solution, at this
time." Devils Lake Recommendation
(Press release dated June 23, 1999).
Devils
Lake - Current Hydrograph
The Devils Lake area experienced a wet cycle from 1993 to 1999.
Precipitation since has lessened and Devils Lake reached its highest
level (1448.01 msl) in the summer of 2001 and there was overflow to Stump
Lake.
In the spring of 2003 Devils lake was around 1447 msl or about
one foot below the 2001 peak. The lake is not in a continuous
rise.
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