April 25, 2008
Court Order Sought to Stop Devils Lake Outlet from Operating
An application was filed before the North Dakota District Court today asking the court to find the North Dakota State Water Commission in contempt for ignoring an earlier North Dakota Supreme Court ruling that restricted the time frame for operation of the Devils Lake outlet.
The court action was taken by the Province of Manitoba, People to Save the Sheyenne River, the Peterson Coulee Outlet Association and the National Wildlife Federation. The outlet started operating at a trickle on April 21, despite an earlier Supreme Court ruling prohibiting operation before May 1.
“The court ruled earlier this year that it was unlawful to operate the outlet outside of the original May to November period. We expect North Dakota to
abide by the law,” Water Stewardship Minister Christine Melnick said.
When North Dakota began operating the Devils Lake outlet on the afternoon of April 21, lawyers for Manitoba and its U.S. allies asked the state to halt operation and respect the earlier court ruling. North Dakota replied yesterday that it would continue operation.
North Dakota’s Supreme Court ruled in February that changes in the outlet’s operating permit – made to extend the outlet’s operating period – were unlawful and “…arbitrary, capricious and unreasonable…” and had to be reversed. The court sent the permit back to the North Dakota Department of Health for revision.
The outlet has reduced water levels at Devils Lake by 0.027 inches, or the thickness of a few sheets of paper, since it was first operated in 2005. Today, Devils Lake is approximately two feet lower than its highest level, largely due to evaporation and natural factors, Melnick noted.
In August 2005, the United States federal government committed to putting in place an advance treatment system at the outlet. Despite this, the treatment system is not in place, prompting Manitoba and its U.S. allies to launch court actions to challenge the operation of the outlet.
There are four types of harmful, blue-green algae and at least two parasite species found in Devils Lake that have not been found in Lake Winnipeg.
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