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75Th Anniversary Article Years1937-2012 Years1937-2012 State Water Commission State Water Commission the basis for granting water permits. Previously, county’s edge; drainage, irrigation, and flood the state had used a mix of prior appropriation; control were areas that needed a basin-wide where first beneficial permitted use has priority, strategy. and the riparian doctrine, where the landowner In Part II of this special article on The Commission Takes A Larger adjacent to water, had certain rights to that water. the 75th Anniversary of the State Water Commission, we will Role & A Changing Federal Role focus on the period from the construction of the mainstem Missouri dams through today. While the 1937 State Water Plan provided feasibility throughout the state, including an awhile solid foundation forthe future efforts, it took area east of the Missouri River, that was later events downstream of North Dakota to initiate called the Garrison Diversion project. For a A drag-line excavating the main canal for the Buford- Trenton irrigation district in Williams County, ND. “The lake the development of the Missouri River and the variety of reasons; environmental, legal, and President Dwight Eisenhower at the Garrison Dam [Sakakawea] next significant phase in the history of the Water political, it became clear that the project as closure ceremony, June 11, 1953. The scope and size of the state’s water projects Commission. originally envisioned would not be possible. So, Credit: Institute for Regional Studies, NDSU, Fargo had decreased, but arguably, those projects that would cover although Garrison Dam had been built, largely Another major change was passed by the state were getting built, were of more importance and thousands of The Flood Control Act of 1944 provided for to the benefit of downstream states, the benefits legislature in 1965, which allowed legal entities, value to the state because the Water Commission the construction of six dams on the mainstem promised for lost land in North Dakota never such as counties, to manage water across county was directing them in reflection of local needs. acres of the Missouri River, which already had a century- materialized. lines. Prior to that time, management of water Drainage improvements, irrigation districts, and long history of flooding people in lower basin ended at the county boundary, representing a small flood control and water supply projects best bottom states. The dams were built primarily for flood Baldhill Dam (1944), Jamestown Dam (1953), real challenge to watershed-based management had a direct positive impact on the people of lands on control, navigation, irrigation and hydropower. and Garrison Dam (1953) represented the high strategies. Because water seldom stops at the North Dakota. While the 1937 Plan examined the possibility point in federal involvement in North Dakota both sides of of a dam on the Missouri River, it rejected the dams. The era that began with the response to the Missouri idea, stating “The lake [Sakakawea] would the Great Depression and Dust Bowl was coming cover thousands of acres of the best bottom to an end. The state now had to grapple with the Divisions of the state water commission River for half lands on both sides of the Missouri River for gradual decline of large federal projects, along its length half its length in North Dakota.” and, “The chief with increasingly complex hurdles. However, Administration & Support Services objection to the building of such a large dam is the same variability of climate that had caused Data collection, management, support, and distribution in North the uncertain foundation conditions which are the creation of the Water Commission had not clay, shale, and soft sandstone. The dam could ended with the Dust Bowl, and the need for some Dakota.” be built presumably safe, but, if it should ever means of mitigating for inherent environmental Appropriations Division fail, the sudden release of so enormous a body variability was still a shadow hanging over the Administer, process, adjudicate, and evaluate water rights; monitor state. If another Dust Bowl happened, would the of water would be such a stupendous disaster water resources; develop and evaluate supplies; and conduct research that it is not permissible to run such a risk.” It state be ready? should be noted, that changes in the proposed location of and design improvements of the dam As federal involvement began to decrease in Atmospheric Resource Board later overcame those obstacles to construction. the 1960s, and control over the smaller federal Atmospheric and meteorological data collection and analysis; weather works, such as the WPA dams were gradually handed over to the Water Commission, it became modification for hail suppression and rain enhancement apparent that a large federal project to irrigate the state was increasingly unlikely. However, Development Division the need to manage the state’s resources for the Prepare engineering and feasibility reports for the construction, benefit of its people was just as important in the face of environmental uncertainty as it had maintenance, and repair of water resource projects; review and make been at the Water Commission’s creation. As a recommendations for water structures and sovereign land; provide result, the Water Commission spent considerable technical assistance to water boards; assist communities in floodplain time and effort quantifying the water resources management; coordinate water supply programs Garrison Dam, in 1951, prior to completion. of the state, developing engineering studies of Credit: ND Historical Society rivers and streams, repairing existing structures, Because a Missouri River reservoir in North building small projects, and working to persuade Planning Division Dakota provided little benefit to the state, and the state’s citizens that changes at the state and Maintain a water project inventory for the state’s future water resulted in significant impacts, including the local level were needed to counteract the natural development needs; coordinate agency strategic planning efforts; loss of 550,000 acres of good quality farmland, challenges the state faced. the state was promised as much as 2.5 million monitor water resource issues for impacts to North Dakota; water acres of irrigation in compensation. Significant One major advancement, was the adoption of education and; Project WET; and special studies efforts were made to determine irrigation the “prior appropriation” doctrine for use as Years1937-2012 Years1937-2012 State Water Commission State Water Commission was decreasing, the rise of the environmental Abraham Lincoln said, “The philosophy of movement and laws that required that projects the schoolroom in one generation will be the analyze and mitigate their impacts presented philosophy of the government in the next.” Oil Booms, Droughts, & Management new obstacles to building projects of almost Of Water On A Basin-Wide Basis any size. Starting in the late 1960s, changes that were of the Atmospheric Resource Board (ARB) in startingsweeping across the country in began to affect 1981, set the stage for the Water Commission’s “If I have seen North Dakota as well, having an increasingly ability to efficiently focus their efforts. significant impact on how the state looked further than at water. Swampbuster, the federal program ARB represented a logical addition to the Water others, it is by protecting wetlands, clean water laws for Commission, with their efforts to increase municipal supplies, and a host of other new knowledge of, and improving the effectiveness The Southwest Pipeline was officially turned on in 1991. standing upon and expanded environmental laws meant that of cloud seeding science in order to increase the shoulders building projects such as dams, diversions, and rainfall and reduce hail damage. In the 1980s, the re-formulation of Garrison drains was increasingly complicated. During Diversion led to the Garrison Diversion Project’s of giants.” that same period, several of the state’s largest Municipal Rural and Industrial Water Supply Program. This program provided up to 75% - Isaac Newton communities like Fargo, Grand Forks, and Minot, were impacted by significant flooding of the cost for development of water supply events, resulting in almost $2.5 million ($18 projects. Making water supply projects eligible million in 2012 dollars) in flood protection to access these funds made it possible to satisfy Construction on Dead Colt Creek in 1983. being built. a chronic water supply problem in southwestern North Dakota. In 1983, the State Legislature During this period, there were two droughts; The 1968 Water Plan wisely noted, “Since little authorized the Water Commission to construct a minor one in the early eighties, and a fairly can be done to increase nature’s water allotment and operate the Southwest Pipeline Project severe one from the late eighties into the early to our State, North Dakotans must learn to use (SWPP) to provide water to southwestern North nineties. Both stressed agriculture, industry and their existing supplies more judiciously. This Dakota. Construction of the SWPP began on the even municipal supplies. An open question was means redoubling of our efforts to achieve A plane being used for cloud seeding by the Atmospheric main transmission lines in Mercer County in whether the state was eventually going to dry up the most efficient level of water management Resources Board. 1986, and today serves most of the region south and blow away. Despite the droughts,
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