Fargo’s gamble with with $60 million taxpayers’ money

Letters to the Editor | May 14th, 2015

Fargo’s Diversion leaders have spent $60 million in taxpayer funds on a ring dike, buyouts and a golf course for Oxbow, ND. Oxbow is located above the floodplain, had already bought out its flood prone houses and, according to its mayor, had just recently completed near 500 year level flood protection. Its existing 18 hole private golf course, heavily in debt with a history of losing money, did not deserve a public bailout.

Fargo’s Diversion leaders gambled this huge sum on the belief that Minnesota will permit them to dam the Red River and flood 80 square miles upstream of Fargo. If the dam cannot be built, the ring dike, golf course, and buyouts become wholly unnecessary and a complete waste of tax dollars. The dam cannot be built unless the Minnesota agrees and issues a permit. Minnesota’s DNR hasn’t completed its review or made a decision on whether to issue the dam construction permit. Minnesota Officials charged with deciding whether to permit the dam have made statements that indicate their attitude towards Fargo’s project. Take a look at some of what Minnesota has said and done so far:

November 4, 2011, Assistant DNR Commissioner Carol, in correspondence to the Army Corps, made the points that the FM Diversion project is premised upon an exaggerated level of proposed protection. The exaggerated level operated to eliminate less impactful solutions. Carol also pointed out that he Army Corps used future development of the floodplain to justify cost, and did not properly consider alternatives to the high hazard dam. Commissioner Carol reiterated that Minnesota law requires denial of the permit if the project is not the least impactful solution.
April 2013 to February 2014. MN DNR issued Scoping Decision, providing that during the MN Environmental Study the DNR will be evaluating alternatives: whether no dam is a better option, whether a combination of measures in lieu of the high hazard dam is a better option, and whether a smaller project located further north would be preferable.
January 2014, DNR Project Director Townley sends letter warning the Diversion Authority that commencing the construction, starting the OHB, or even acquiring land, would violate state and federal law. April, 2014, DNR Commissioner Carol in another letter, reiterates Townley’s point after the Diversion Authority called the DNR “confused.”
July 2014, MN Attorney General filed Amicus Brief in Federal Court essentially joining Richland Wilkin JPA’s lawsuit against the FM Diversion.
August 2014, Governor sent a letter to Army Corps, Congress and the White House demanding that the project halt and that MN’s law be respected.
September 2014, Fargo’s defiance of Minnesota prompts Governor Dayton to visit Breckinridge and Moorhead. Speaking out strongly against the DA, Dayton warned: “If you’re going to kick sand in the face of Minnesota,... it will come back to haunt you. I’m certain of that.”
March 2015, MN Attorney General files another brief joining Richland Wilkin JPA’s request for an injunction, and warning the DA that Minnesota may deny the dam permit.

Do you think Fargo’s Diversion leaders made a good gamble with $60 million taxpayers’ money? Diversion Authority leaders either don’t care about wasting taxpayers’ money, don’t really know what they are doing, or have no intention of honoring Minnesota law. Maybe all three.

Cash Aaland
-Fargo

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