U.S. Water News Online
GRAND FORKS, N.D. -- Gov. John Hoeven is ready to go to court to force Manitoba to finish building culverts that would ease flooding in northeastern North Dakota, an aide to the governor says.
First, though, the governor will take the issue to the state Water Commission, which meets March 10 in Bismarck, adviser Lance Gaebe said.
Hoeven met in Bismarck with state Sen. Tom Trenbeath, R-Cavalier, and Cavalier attorney Neil Fleming to discuss Manitoba's refusal to put culverts in an earthen barrier that state residents say prevents flooding in Manitoba but inundates cropland south of the border.
State officials believe Manitoba hopes it can use the issue to persuade North Dakota to abandon construction of the Devils Lake outlet, which Manitoba fears would pollute its waters. But Hoeven said Manitoba signed an agreement in 2002 to build the culverts with financial help from North Dakota.
After reviewing the agreement, the governor decided a lawsuit was the best option, said his adviser, Lance Gaebe.
"From our quick review, it's a breach of contract," Gaebe said. "(Hoeven) is promoting that we take legal action and get Canada to fulfill their end of the agreement."
The Pembina County Water Resource District Board, which is represented by Fleming, has filed a suit against Manitoba in provincial court, arguing that the earthen barrier at the border is illegal. Manitoba residents call it a road but North Dakotans call it a dike.
Separately, Manitoba has sued North Dakota over the Devils Lake outlet, which Canadian officials say will pollute Lake Winnipeg and increase nutrient levels. The state is building the outlet to ease Devils Lake flooding.
Manitoba also has sued to stop the Northwest Area Water Supply project, which would bring Missouri River water to northwestern North Dakota.
"The province of Manitoba is quick to sue North Dakota over projects like Northwest Area Water Supply and the Devils Lake outlet, so I guess we're not afraid to sue or take other legal action from something they agreed to do by contract," Gaebe said.
The Devils Lake project was already under way when Manitoba officials agreed to build culverts, he said.
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