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Premier Doer Press Release and Comments of EPA of Army Corps of Engineers Draft EIS on Devils Lake Outlet Plan

Environmental Protection Agency Announcement May 8

See EPA news release "Oops" at May 10

May 10, 2002



ENVIRONMENTAL PROTECTION AGENCY CRITICISM OF PROPOSED DEVILS LAKE OUTLET WELCOME: DOER
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Premier to Follow Up With Federal Government

Premier Gary Doer today said he welcomed the U.S. Environmental Protection Agency’s (EPA) recommendation of earlier this week against the proposed
outlet for Devils Lake, N.D.

"Many people in towns and cities on the Sheyenne and Red rivers, and in Canada, may be harmed if the outlet is constructed and operated. Drinking water
supplies, for example, could become polluted," stated the EPA.

"The EPA statement is dead-on in its assessment of the Devils Lake outlet," said Doer. "They back up every one of our concerns about the potential effects
downstream to Manitoba communities, our environment and our economy. It’s about time."

Furthermore, the EPA’s statement recognized that the Devils Lake outlet would likely be of little aid to the residents of the Devils Lake area. "The outlet,
designed to relieve flooding, will do little to prevent further flooding and protect the communities around the lake," it said.

Doer noted the EPA’s statement met with intense reaction from backers of the outlet at both the U.S. federal and state levels, highlighting the importance of
this development.

Doer said he will be following up on this positive development with the Canadian federal government.

"The outlet remains a major concern for us and we must continue to be vigilant and take every step available in opposing a Devils Lake outlet," said Doer.

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NOTE: EPA news release.

United States
Environmental Protection Agency
Region 8
Office of Communications and
Public Involvement (80C)
999 18th Street, Suite 300
Denver, CO 80202-2466
Colorado, Montana,
North Dakota, South Dakota
Utah, Wyoming


Environmental News Advisory

EPA urges against Devils Lake, ND outlet

Denver -- The Region 8 office of the U.S. Environmental Protection Agency (EPA) has recommended against a proposal to construct an emergency outlet at
Devils Lake, ND. The outlet, designed to relieve flooding, will do little to prevent further flooding and protect the communities around the lake, according to the
U.S. Army Corps of Engineers' evaluation of the project's impacts.

Furthermore, many people in towns and cities on the Sheyenne and Red Rivers, and in Canada, may be harmed if the outlet is constructed and operated.
Drinking water supplies, for example, could become polluted. The outlet will negatively impact water quality in those rivers, exceed water quality standards in
the Red River and impair aquatic habitat in the Sheyenne River. The Devils Lake water is high in total dissolved solids and other contaminants. The proposal
does not disclose the mitigation needed for these adverse impacts, as required under the Clean Water Act.

It is also possible that nonnative species could enter the Red River and Hudson Bay drainage from Devils Lake. The evaluation does not address how the
project will meet federal requirements to protect against the risk of invasive species transfer. Rather, the Corps proposes building the outlet first, and then
submitting a mitigation plan to EPA for review.

The Corps' evaluation failed to consider cumulative impacts of a proposed Missouri River inlet and the State's proposed outlet project which is currently
funded. The Corps' proposed project is not funded, and congressional appropriations would be required. The evaluation does not address how the project will
comply with the Boundary Waters Treaty of 1909, which requires no degradation of waters from the U.S. and Canada that flow across the border between the
two countries.
EPA is also concerned with the precedent of the Corps proposing a project that violates the benefit/cost standard of its own planning guidance. The guidance
prohibits economically inefficient projects, and the emergency outlet reportedly has a benefit/cost ratio of 0.37. According to EPA, that ratio is actually an
understatement because it does not factor in most environmental costs.

The Agency's goal with this review and recommendation is to disclose potential impacts and propose solutions that do not do any further harm to the people
affected by the project. Possible alternatives for storing additional water upstream from Devils Lake include upper basin water storage, wetlands restoration and
water-conserving agricultural practices. These alternatives were not fully evaluated in the Corps' proposal.