The Sheyenne River - A Class 1A Stream and a National Scenic Byway with the its core being the Sheyenne River riparian area.
The counties and communities along the Sheyenne River highlight the beauty and recreational opportunities accompanying this attractive valley.
Increased flushing of Devils Lake waters down the Sheyenne River will drastically affect the aspects of the river that make it this river:
- the oak savannah riparian forest
- the extraordinary mussel populations found nowhere else in the state
- the lush plant varieties found in the riparian zone
- the many recreational areas for fishing, parks, hiking and camping adjacent to the river
- the Sheyenne National Grasslands and North Country Trail areas enjoyed by tourists and visitors
- the Fort Ransom community where thousands of visitors come during their fall craft sale and to view the fall colors of the forests along the river
- Sheyenne River sulfates = 97 mg/liter
- Devils Lake sulfates- West Bay = 489 mg/liter - 5 X higher than the river water.
- Inflow sulfates from Big Coulee and Channel A are both higher than the Sheyenne River.
- East Devils Lake = 2790 mg/liter sulfates (source of a new proposed outlet to the Sheyenne) 30 X higher than river water.
The Problem with Sulfates in Your Drinking Water: Click on this link by the MN Department of Health
http://www.health.state.mn.us/divs/eh/wells/waterquality/sulfate.html
Regulations are in place to monitor and regulate the movement of waters as the differences in water quality have big effects on those receiving the different waters. The link to the pdf document that follows includes a thorough examination of current laws relating to water quality issues and how the State of North Dakota and the State Water Commission are handling the issues in this case of water transfer from Devils Lake to the Sheyenne River and Red River. See the North Dakota Administrative Code section 33-16-02.1-09
http://www.legis.nd.gov/information/acdata/pdf/33-16-02.1.pdf
The Table of Contents to the document is below, and click on the link to view the pdf document attached by Dr. Gary Pearson.
COMMENTS ON THE NORTH DAKOTA DEPARTMENT OF HEALTH’S
JULY 15, 2009
PROPOSAL TO ADOPT AN EMERGENCY RULE
ADDING A NEW SECTION TO
NORTH DAKOTA ADMINISTRATIVE CODE CHAPTER 33-16-02.1
STANDARDS OF QUALITY FOR WATERS OF THE STATE
TO CHANGE THE CLASSIFICATION OF THE UPPER SHEYENNE RIVER
AND INCREASE THE MAXIMUM LIMIT FOR SULFATE IN
THE RIVER FROM 450 MG/L TO 750 MG/L
TABLE OF CONTENTS
Introduction 3
Reasons for the Proposed Rule and the Department’s Findings are Not Valid 7
The Department’s Finding that Emergency Rule Making is Necessary is
Not Substantiated and is Not Valid 13
The Department’s Proposed Emergency Rule is Improper and Contrary to Law 14
The Emergency Rule Does Not Comply With the
Administrative Agencies Practice Act 14
The Emergency Rule Violates North Dakota Century Code § 33-16-02.1-02 14
Violation of State and Public Policy 15
Failure to Maintain and Protect Existing Uses and Safeguard
Social, Economic and Industrial Development 15
Failure to Ensure Propagation and Well-being of Resident
Fish, Wildlife and Biota 17
Failure to Maintain and Protect Waters Having Unique or High
Quality Characteristics 20
An Emergency Rule is Not the Proper Procedure for Modifying
Water Quality Standards 21
The Department’s Assertion that a Regulatory Analysis is Not Required is Erroneous 22
Antidegradation Review is Required for the Proposed Emergency Rule 26
The Department May Not Permit Degradation of Water Quality in the Sheyenne River
Absent an Affirmative Determination of Necessity to Accommodate Important
Social or Economic Development 28
References 32