DOCSLIB.ORG

Environmental Assessment Addendum & Mitigated Finding of No Significant

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Environmental Assessment Addendum & Mitigated Finding of No Significant US Army Corps of Engineers Omaha District ENVIRONMENTAL ASSESSMENT ADDENDUM & MITIGATED FINDING OF NO SIGNIFICANT IMPACT SACAGAWEA PIPELINE MCKENZIE AND MOUNTRAIL COUNTIES, NORTH DAKOTA April 2016 Prepared for: Paradigm Midstream Services – ND, LLC Prepared by: SWCA Environmental Consultants U.S. Army Corps of Engineers, Omaha District Environmental Resources and Missouri River Recovery Program Plan Formulation Section Planning Branch, CENWO-PM-AC 1616 Capitol Avenue Omaha, Nebraska 68102-4901 MITIGATED FINDING OF NO SIGNIFICANT IMPACT SACAGAWEA PIPELINE-PARADIGM MIDSTREAM SERVICES-ND LLC GARRISON PROJECT, MCKENZIE and MOUNTRAIL COUNTIES, NORTH DAKOTA April 2016 Introduction: In accordance with the National Environmental Policy Act (NEPA) and implementing regulations, an addendum to the Environmental Assessment (EA): Sacagawea Pipeline, incorporated by reference herein, has been prepared to evaluate the effects of Paradigm Midstream Service- ND, LLC (Paradigm) proposed oil and gas pipeline project that would horizontally directionally drill (HOD) beneath U.S. Army Corps of Engineers (Corps) managed land at the Garrison Project in McKenzie and Mountrail Counties, North Dakota. Approximately 8,980 feet of the proposed pipeline system would pass underneath Lake Sakakawea via the installation of approximately 10,980 feet of welded steel pipeline. Because the proposed pipeline will require an easement and the permission mandated by 33 U.S.C § 408 (Section 408) to cross beneath Lake Sakakawea and associated lands managed by the Corps, the Corps must first determine that the proposed pipeline would not be injurious to the public interest and would not impair the usefulness of the Garrison Project/Lake Sakakawea Project. As such, the Corps was identified as a cooperating agency for the proposed project, with the Bureau of Indian Affairs (BIA) acting as the lead federal agency for the activity that crosses Fort Berthold Indian Reservation Lands. However, the BIA signed a Finding of No Significant Impact (FONS!) on August 25, 2015 prior to the Corps completing its review of the BIA's document. The Corps appealed the BIA's FONS! in a letter dated September 22, 2015 on the basis that further analysis was needed to better understand impacts of the proposed activity relative to the Corps' authorities and management responsibilities. As a result, the Corps completed an addendum in close coordination with SWCA, the Environmental Consultants that authored the original EA for the BIA. This EA Addendum has been completed in accordance with the Council on Environmental Quality (CEQ) regulations in Section 1506.5(a) and 1506.5(b) which allows an applicant to prepare an EA for a federal action. The Corps has independently evaluated and verified the information and analysis undertaken in the EA Addendum and takes full responsibility for the scope and content contained herein. The Corps will incorporate findings within this document as part of complying with environmental laws and as stipulations to issue a real estate easement to Paradigm for the proposed activity. Project Summary: Paradigm proposes to construct 70 miles of two co-located 16-inch pipelines to transport crude oil and natural gas produced by Bakken Field wells from McKenzie County to rail and pipeline transmission locations in Mountrail County. The entire pipeline project would span privately owned lands, state trust lands, Fort Berthold Indian Reservation lands (Reservation) and Corps-regulated lands (e.g. federally regulated, fee surface, allotted and tribal lands). This Addendum assesses only those impacts relevant to the approximately 8,980 feet of the proposed pipeline system that would pass underneath Lake Sakakawea. Upon completion of construction , the pipeline would be commissioned and operated by Phillips 66. Alternatives: Three action alternatives were considered in the BIA's EA in order to meet the purpose and need for the proposed pipeline project. One alternative was to string the pipeline underneath the Four Bears Bridge. This alternative was dismissed due to maintenance concerns and potential threat to human safety. Trenching the pipeline into the bottom of the lake was also discussed and eliminated because HOD is an environmentally safer method of making the crossing and is the method prescribed by the Corps in the Garrison Oil and Gas Management Plan. The remaining alternatives that were evaluated in detail include (1) the Applicant's Proposal to construct the pipeline project with interagency coordination and implement recommended mitigation measures (Preferred Alternative) and (2) the No Action Alternative. Preferred Alternative: Implementation of the preferred alternative would allow for the transport of oil and natural gas from producing wells to markets. The route of the entire pipeline would originate in at the proposed Paradigm CDP Facility in McKenzie County 2.34 miles directly south of Keene, North Dakota and enters the Reservation from the west in the NE% Section 22, T151 N, R96W; then travels east approximately 5.85 miles within McKenzie County. The pipeline route then crosses under Lake Sakakawea and travels northeasterly across the Van Hook peninsula for approximately 18.19 miles, and exits the Reservation at a point east of Newtown in the NE% Section 10, T152N, R92W. The system would continue north then east across private lands terminating south west of Palermo, North Dakota. Under the preferred alternative, only minor and temporary surface disturbances such as foot traffic and laying of guide wire would occur on Corps-managed lands. Trenching would occur along the length of the Sacagawea Pipeline Project in upland-classified areas with the exception of Corps-managed lands. The preferred alternative would install approximately 10,980 feet of welded steel pipeline no less than 100 feet under Corps-managed lands by HDD. The proposed project would be designed, constructed, operated and maintained in a manner that meets applicable industry standards and regulatory requirements. Summary of Environmental Impact: According to BIA's EA the preferred alternative would result in no adverse impacts to any federally-listed threatened or endangered species or their habitat. The U.S. Fish and Wildlife Service (USFWS) has concurred with the Biological Assessment's finding that the project "may affect, but is not likely to adversely affect' the whooping crane (Grus americana), piping plover (Charadrius melodus) and it's critical habitat, interior least tern (Stema anti!larum) and pallid sturgeon (Scaphirhynchus a/bus). See Appendix F of BIA's EA for USFWS concurrence. In accordance with the Migratory Bird Treaty Act (16 U.S.C. § 703-712, 709 is omitted) and Bald and Golden Eagle Protection Act (16 U.S.C. § 668-668d, 54 Stat. 250), impacts to migratory birds , bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) would be avoided by constructing the project outside of their breeding season. The preferred alternative would result in no impacts to any properties listed, proposed for listing, eligible for listing or potentially eligible for listing in the National Register of Historic Places. A Class Ill inventory of the project area was conducted and as the lead federal agency, BIA reached a determination of "no historic properties affected' for the proposed Pipeline Project. Areas along the 70-mile long, 100-foot wide corridor would be temporarily disturbed by proposed construction activities. The impacts associated with the proposed project construction are short term and minor (i.e., noise, earth disturbance, vegetation removal, increased traffic, etc.). Of the three alternatives considered, the preferred alternative would be implemented because it can be reasonably constructed, meets the projects purpose and need, incorporates sound mitigation, does not impair the Garrison Project from meeting its authorized purposes (Section 408) and is consistent with the Corps' commitment to the protection of the nation's environment. Mitigation Measures: Implementation of the preferred alternative as summarized in Section 1.2.2 of this EA Addendum would allow the Corps to issue the real estate easement to Paradigm, and is based on the impact analysis contained in the Addendum EA. The analysis shows that there will be no undue or unnecessary environmental impacts to the environment caused by construction, reclamation, operation and maintenance or abandonment of the pipeline while adhering to the plans of development (POD) and stipulations set forth under the real estate easement. Mitigation measures unique to Corps-managed lands derived from the Addendum EA are summarized in the Table below. All measures in this Table will be attached to the real estate easement and will be required to be adhered to in order to construct, operate and maintain the proposed project. Env1ronmenta . IP rotec fion M easures as Des1qn . F eatures Specific Prior to construction, all project personnel shall be trained on environmental permit Mitigation requirements and environmental specifications, including fuel handling and storage, Measures cultural resource protection methods, stream and wetland crossing requirements, (Construction) and sensitive species protection measures. Construction shall occur between August 151h and April 1st to avoid potential impacts to sensitive species. If construction is proposed outside of this schedule restriction, than the Corps shall be contacted as early as possible to allow for coordination with pertinent state and federal resource agencies.
Load more

Recommended publications
  • Today's Missouri River
    DID YOU KNOW? The Missouri River is the longest river in North America. The Missouri is the world’s 15th- TODAY’S longest river. The Missouri has the nickname MISSOURI RIVER “Big Muddy,” because of the large The Missouri River has been an important resource for amount of silt that it carries. people living along or near it for thousands of years. As time went on and the corridor of the Missouri River was developed and populations increased, efforts have been There are approximately 150 fish made to control flows, create storage, and prevent flooding. species in the Missouri River, and As a result, six mainstem dams have been in place for more about 300 species of birds live in the than half a century, with the goal of bringing substantial Missouri River’s region. economic, environmental, and social benefits to the people of North Dakota and nine other states. The Missouri’s aquatic and riparian Since the building of the mainstem dams, it has been habitats also support several species realized that for all of the benefits that were provided, the of mammals, such as mink, river dams have also brought controversy. They have created otter, beaver, muskrat, and raccoon. competition between water users, loss of riparian habitat, impacts to endangered species, stream bank erosion, and delta formation - which are only a few of the complex issues The major dams built on the river related to today’s Missouri River management. were Fort Peck, Garrison, Oahe, Big Bend, Fort Randall, and Gavin’s Point. This educational booklet will outline the many benefits that the Missouri River provides, and also summarize some of the biggest issues that are facing river managers and residents within the basin today.
    [Show full text]
  • Status of Mineral Resource Information for the Fort Berthold Indian Reservation, North Dakota
    STATUS OF MINERAL RESOURCE INFORMATION FOR THE FORT BERTHOLD INDIAN RESERVATION, NORTH DAKOTA By Bradford B. Williams Mary E. Bluemle U.S. Bureau of Mines N. Dak. Geological Survey Administrative report BIA-40 1978 CONTENTS SUMMARY AND CONCLUSIONS ................................................. 1 INTRODUCTION ................................................................ 1 Area Location and Access .................................................... 1 Past Investigations .......................................................... 2 Present Study and Acknowledgments ........................................... 2 Land Status................................................................ 2 Physiography .............................................................. 3 GEOLOGY ..................................................................... 4 Stratigraphy ............................................................... 4 Subsurface .......................................................... 4 Surface ............................................................. 4 General ....................................................... 4 Bullion Creek and Sentinel Butte Formations ......................... 8 Golden Valley Formation......................................... 9 Cole Harbor Formation .......................................... 9 Structure................................................................. 10 MINERAL RESOURCES ......................................................... 11 General .................................................................
    [Show full text]
  • WHEREAS, This Nation Having Accepted the Indian Reorganization
    Resolution No. 02-iSI -MWJR RESOLUTION OF THE GOVERNING BODY ' OF THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD INDIAN RESERVATION A Resolution entitled, "Four Bears Bridge Project - Rights of Wav." WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the authority under said Act; and WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the Mandan, Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and WHEREAS, The Four Bears Bridge Project is proceeding. The North Dakota Department of Transportation along with the Three AfiSliated Tribes are cooperatively working toward final design completion in December 2002; bid opening in March 2003; equipment stationing in April 2003 and construction to be completed in two years fi-om bid opening; and WHEREAS, In order for the Four Bears Bridge Project to begin on a timely basis and taking into consideration the bridge design it is necessary that several Rights-of-Way be granted to the North Dakota, Department of Transportation by the Three Affiliated Tribes and approved by the Department of Interior, covering the following parcels of land: Parcel No. 1-1 being 12.569 Acres, more or less, for a Temporary Construction Easement; Parcel No. 2-1 being 4.099 Acres, more or less, for a Temporary Construction Easement; Parcel No. 2-2 being 1.609 Acres, more or less, for a Permanent Right of Way Easement; and Parcel No. 3-1 being 34.303 Acres, more or less, for a Temporary Construction Easement; all Easements being more fully and accurately described in Plat 1 of 6 and 2 of6 for North Dakota, Department of Transportation Project NH-7-023(020)045; and Plat 3 of6 for Project BRN-7-023(015)046; and WHEREAS, the subject lands consist of properties owned by the Three Affiliated Tribes in accordance with Allotment No.
    [Show full text]
  • Resolution No. 16-183-FF RESOLUTION of THE
    Resolution No. 16-183-FF RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD INDIAN RESERVATION A Resolution Entitled, "Rescission ofResolution No. 16-127-CSB" WHEREAS, This Mandan Hidatsa and Arikara Nation (the "MHA Nation"), having accepted the Indian Reorganization Act of June 18, 1934 and the authority under said Act, and having adopted a Constitution and By-laws under said Act, and WHEREAS, The Constitution of the Nation generally authorizes and empowers the Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and WHEREAS, Pursuant to Article III, Section 1 of its Constitution and By-Laws, the Tribal Business Council is the governing body of the MHA Nation; and WHEREAS, Pursuant to Article VI, Section 5(1) of said Constitution, the Tribal Business Council has the power to adopt resolutions regulating the procedures of the Tribal Council, its Agencies and Officials; and WHEREAS, The Tribal Business Council has authority to engage in activities on behalf of and for the welfare and benefit of the Tribes and of the enrolled members thereof; and WHEREAS, The Tribal Business Council approved Resolution No. 15-065-KH, entitled "Grant ofRight of Way" on April 16, 2015 and Resolution No. 16-127-CSB, entitled "Correction to Resolution No. 15-065-KH" on June 9, 20 16; and WHEREAS, Resolution No. 16-127 -CSB granted, for the first time, consent for right-of-way to Sacagawea Pipeline Company on Tract No.
    [Show full text]
  • Native American Culture in North Dakota
    NATIVE AMERICAN CULTURE IN NORTH DAKOTA Tribal nations are an essential part of North Dakota’s history. All are welcome to explore the reservations and experience Native American culture by learning about each tribe’s history, language and traditions while visiting attractions like reconstructed earthlodge villages. Attend a powwow and celebrate the culture through song Knife River Indian Double Ditch Indian Village and dance. There are approximately 30,000 Native Americans living in North Villages National Dakota. Though the individual tribes Historic Site: have distinct and different origins, Tribes from across histories and languages, Plains Indians the Northern Plains are united by core beliefs and values journeyed to these that emanate from respect for the earth permanent villages and an understanding of humankind’s relationship with nature. to trade, socialize and make war for Chippewa Downs The tribes with the most influence on more than 11,000 today’s North Dakota are the Mandan, years. Fort Abraham Lincoln State Park Hidatsa and Arikara; the Yanktonai, Sisseton, Wahpeton, Hunkpapa and other Dakota/Lakota/Nakota (commonly known as the Sioux) tribes; and the Chippewa and Metis. Visitors are welcome to explore the reservations and discover the beauty of Native American culture. Fort Union Trading Post National Historic Site: This was the principal fur trading post of the American Fur Company and between 1828 and 1867, the most important fur trade post on the Upper Missouri River. Standing Rock Monument Day 1 Morning — Fort Yates The Standing Rock: Held sacred, the story tells of a woman and her child turned into stone. Sitting Bull Burial Site: The original gravesite of the Hunkpapa Lakota leader.
    [Show full text]
  • Fort Peck Draft
    US Army Corps of Engineers Omaha District Draft Fort Peck Dam/Fort Peck Lake Project Montana Surplus Water Report Volume 1 Surplus Water Report Appendix A – Environmental Assessment August 2012 THIS PAGE INTENTIONALLY LEFT BLANK FORT PECK DAM/FORT PECK LAKE PROJECT, MONTANA SURPLUS WATER REPORT Omaha District U.S. Army Corps of Engineers August 2012 THIS PAGE INTENTIONALLY LEFT BLANK Fort Peck Dam / Fort Peck Lake, Montana FORT PECK DAM/FORT PECK LAKE MONTANA SURPLUS WATER REPORT August 2012 Prepared By: The U.S. Army Corps of Engineers, Omaha District Omaha, NE Abstract: The Omaha District is proposing to temporarily make available 6,932 acre-feet/year of surplus water (equivalent to 17,816 acre-feet of storage) from the system-wide irrigation storage available at the Fort Peck Dam/Fort Peck Lake Project, Montana to meet municipal and industrial (M&I) water supply needs. Under Section 6 of the Flood Control Act of 1944 (Public Law 78-534), the Secretary of the Army is authorized to make agreements with states, municipalities, private concerns, or individuals for surplus water that may be available at any reservoir under the control of the Department. Terms of the agreements are normally for five (5) years, with an option for a five (5) year extension, subject to recalculation of reimbursement after the initial five (5) year period. This proposed action will allow the Omaha District to enter into surplus water agreements with interested water purveyors and to issue easements for up to the total amount of surplus water to meet regional water needs.
    [Show full text]
  • The Hidatsa Water Buster (Midi Badi) Clan Negotiates the Return of a Medicine Bundle from the Museum of the American Indian in 1938
    arts Article Trusting You Will See This as We Do: The Hidatsa Water Buster (Midi Badi) Clan Negotiates the Return of a Medicine Bundle from the Museum of the American Indian in 1938 Jennifer Shannon Department of Anthropology and Museum of Natural History, University of Colorado Boulder, Boulder, CO 80309, USA; [email protected]; Tel.: +1-303-492-6276 Received: 21 August 2019; Accepted: 19 November 2019; Published: 26 November 2019 Abstract: An often cited 1938 repatriation from the Museum of the American Indian in New York City to the members of the Water Buster or Midi Badi clan of the Hidatsa tribe in North Dakota is revisited. Rather than focusing on this event as a “first” in repatriation history or using it as a character assessment of the director of the museum, this account highlights the clan’s agency and resistance through an examination of their negotiation for the return of a sacred bundle and the objects they selected to provide in exchange. Through this example, we see how tribes have had to make hard choices in hard times, and how repatriation is a form of resistance and redress that contributes to the future of a community’s wellbeing in the face of a history of religious and colonial oppression. Keywords: repatriation; cultural patrimony; Native Americans; museums; Hidatsa; Mandan Hidatsa Arikara Nation; Three Affiliated Tribes; National Museum of the American Indian; Museum of the American Indian; George Gustav Heye Trusting that you will see this in the same light as we do and decide to co-operate with us for the return of the Sacred Bundle.
    [Show full text]
  • Summer Tourism Guide to West-Central North Dakota
    2020 101 Places To Go Summer Tourism Guide to west-central North Dakota #GoND101 SHOPPING & SERVICE! FARMERS UNION OIL COMPANY Is your gateway 1-Stop for visitors to Lake Sakakawea and the West River area In addition to gas, diesel, propane Plus a food bar with: and large fuel islands that can accommodate campers & boats, there is much more. Convenience Store Featuring: • Snacks • 24-7 Card Pumps • Clothing & Hardware • North Dakota Lottery Tickets • Tourist Information • Propane & Propane Cylinder Filling 1600 Hwy 49 N, Beulah • 873-4363 2 101 PLACES TO GO | 2020 Communities 4 Beulah 37 Parshall 10 Dunn County 40 Pick City 13 Center 42 Stanton 14 Garrison 43 Stanley 16 Riverdale 44 Turtle Lake 16 Coleharbor 46 Underwood 16 Ryder 49 Washburn 19 Hazen 51 Watford City 24 Makoti 53 Wilton 24 McClusky 55 Williston 26 New Town SERVING YOU WITH EXCELLENCE FOR GRILLING 10 YEARS! Camping, Picnics, Reunions! StopS byb our convenienti location.l i Meat is our specialty! 713 Hwy 49 N, Beulah, ND • 873-2566 ~ Custom processing available ~ GREAT SEASONING We off er a variety of fresh cut meats. SELECTION! Here to serve you! Cut the way you want it! Choose from a big selection of Country Sausage, Delicious Burgers Summer Sausage, Jerky and Beef Stix. and Brats We start with fresh ground Bring this coupon in and receive $5 off beef – then season for your next purchase of $25 or more a variety of fl avors. 713 Hwy 49 N Beulah, ND 58523 Expires April 30th, 2021 101 PLACES TO GO | 2020 3 Camping Dakota Walleye 5K 1 The south side of Lake Sakakawea has plenty 3 July 25 of camping options open for the outdoors- Bring your family out to Beulah Bay and join oriented adventurers out there.
    [Show full text]
  • In the United States District Court for the District of North Dakota
    Case 1:16-cv-00304-DLH-CSM Document 26 Filed 09/13/16 Page 1 of 30 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Paradigm Energy Partners, LLC, ) ) Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S vs. ) MOTION FOR PRELIMINARY ) INJUNCTION Mark Fox, in his official capacity as ) Chairman of the Tribal Business Council ) of the Mandan, Hidatsa & Arikara Nation, ) Case No.: 1:16-cv-304 Chief Nelson Heart, in his official capacity ) as Chief of Police for the Mandan, Hidatsa ) & Arikara Nation, ) ) Defendants. ) I. BACKGROUND On August 19, 2016, the Plaintiff’s filed an “Emergency Motion for Temporary Restraining Order.” See Docket No. 4. The Plaintiff sought a temporary restraining order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, specifically requesting an order prohibiting the Defendants from interfering with the Plaintiff’s construction of two pipelines in McKenzie and Mountrail Counties, North Dakota. On August 22, 2016, the Defendants filed a motion to dismiss for lack of jurisdiction. See Docket No. 8. The Plaintiff filed a response in opposition to the Defendant’s motion on August 23, 2016. See Docket No. 9. On August 23, 2016, the Court issued an order granting the temporary restraining order. On August 30, 2016, the Defendants filed a motion to dissolve the temporary restraining order. See Docket No. 19. On August 31, 2016, the Plaintiff filed a response to the Defendant’s motion. See Docket No. 21. Thereafter, on September 1, 2016, a hearing was held in Bismarck, North Dakota, on the Plaintiff’s request for a preliminary 1 Case 1:16-cv-00304-DLH-CSM Document 26 Filed 09/13/16 Page 2 of 30 injunction.
    [Show full text]
  • Hydropower Vision Chapter 2
    Chapter 2: State of Hydropower in the United States Hydropower A New Chapter for America’s Renewable Electricity Source STATE OF HYDROPOWER 2 in the United States Photo from 65681751. Illustration by Joshua Bauer/NREL 70 2 Overview OVERVIEW Hydropower is the primary source of renewable energy generation in the United States, delivering 48% of total renewable electricity sector generation in 2015, and roughly 62% of total cumulative renewable generation over the past decade (2006-2015) [1]. The approximately 101 gigawatts1 (GW) of hydropower capacity installed as of 2014 included ~79.6 GW from hydropower gener ation2 facilities and ~21.6 GW from pumped storage hydro- power3 facilities [2]. Reliable generation and grid support services from hydropower help meet the nation’s require- ments for the electrical bulk power system, and hydro- power pro vides a long-term, renewable source of energy that is essentially free of hazardous waste and is low in carbon emissions. Hydropower also supports national energy security, as its fuel supply is largely domestic. % 48 HYDROPOWER PUMPED CAPACITY STORAGE OF TOTAL CAPACITY RENEWABLE GENERATION Hydropower is the largest renewable energy resource in the United States and has been an esta blished, reliable contributor to the nation’s supply of elec­ tricity for more than 100 years. In the early 20th century, the environmental conse- quences of hydropower were not well characterized, in part because national priorities were focused on economic development and national defense. By the latter half of the 20th century, however, there was greater awareness of the environmental impacts of dams, reservoirs, and hydropower operations.
    [Show full text]
  • The Western Water Law and the Missouri River
    The FROM THE NORTH DAKOTA STATE WATER COMMISSION Western Water Law and the Missouri River “…All other wealth falls into insignificance compared with that that which is to come from these lands from the pouring on them of the running streams of this country. Don’t let these streams get out of the possession of the people. If you fail in making a constitution in any other respect, fail not in this one. Take lessons from California and Colorado. Fix it in your constitution that no corporation – no body of men – no capital can get possessions and right to your waters. Hold the waters in the hands of the people.” Major John Wesley Powell (1889) 16 North Dakota Water n May 2013 By Steve Best “first in time – first in right” through the Missouri River. Thus, describes how this principal works. North Dakota’s Missouri River During the summer of 1889, the The first person, municipality, or water users do not rely on water first North Dakota Constitutional other entity, which applies for a stored behind the dams. Convention members were laying water use permit along a waterway the groundwork for what would for beneficial use, has priority over In spite of the fore-thought that officially become the State of North less senior water users in times the State Constitutional Convention Dakota that same year. On August when water is not as plentiful. had in 1889, the State of North 5, 1889, Major John Wesley Powell, Because North Dakota is a western Dakota is currently in conflict with Director of the US Geological water law state, it is important to the US Army Corps of Engineers Survey, delivered a speech before have the ability to appropriate water (Corps) over their proposed Surplus the Constitutional Convention from the Missouri River without Water Policy.
    [Show full text]
  • Weighing Effects of Length Limits
    1 1 E WWeighingeighing tthehe 0 1 EEffectsffects HT TABL G ooff LLengthength 9 WEI / LLimitsimits TH G Biologists pay special attention 8 to walleye on Devils Lake, Lake Sakakawea, the Garrison Reach of the Missouri River downstream of Garrison Dam, and Lake Oahe, WALLEYE LEN WALLEYE 7 annually assessing whether any of the common length limits would have a positive eff ect. 6 By Scott Gangl 5 Every summer, armed with nets and other sam- pling gear, fi sheries biologists navigate some of the state’s popular fi shing waters to assess the status and health of fi sh populations. 4 Once the data is summarized, analyzed and care- fully considered, the information provides the basis for State Game and Fish Department manage- ment decisions. Such as, how many fi sh to stock CRAIG BIHRLE or whether special regulations would enhance fi sh populations for anglers. 3 Select anglers routinely request special length Some North Dakota anglers regularly call for regulations, like “minimum,” “maximum,” “one- special length regulations, with the expectation that over,” or “slot” limits, with the expectation that protecting big fi sh or allowing small fi sh to grow protecting big fi sh or allowing small fi sh to grow will make the fi shing better. will make the fi shing better. While Department fi sheries managers seriously consider these regula- 2 tion requests, the data often doesn’t support the perception, so implementing a regulation would not achieve the desired results. 8 ND Outdoors May 2013 1 May 2013.indd 8 5/10/2013 1:01:16 PM Biologists pay special attention to walleye on Dev- food, teamed with a robust northern pike population, ils Lake, Lake Sakakawea, the Garrison Reach of the has also increased natural mortality.
    [Show full text]