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Link to AP News Releases on EPA announcement

River Watch Online PBS

http://www.riverwatchonline.org/news/index.html

 

5/09/02 - Yesterday the EPA issued a statement discouraging U.S. officials to build a Devils Lake outlet to
ease flooding. But today an EPA official says the agency's statement was inappropriate. The EPA says
alternatives need to be further evaluated. The EPA's recommendation was in response to an environmental
impact study by the Army Corps of Engineers. North Dakota Senator Byron Dorgan says the statement will
undo a lot of progress that has been made. An EPA spokesman says the intent of the statement was to
generate more discussion of alternatives to an outlet.
North Dakota Governor John Hoeven says he called Robert E. Roberts, administrator of EPA region 8,
yesterday to express his disappointment with the agency's statement. Hoeven reaffirmed the state's
commitment to working with the Army Corps of Engineers to ensure that water quality standards are met.



 

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.