River suit going to judge in spring
BISMARCK -- A federal judge will decide North Dakota's suit against the U.S. Army Corps of Engineers. The facts will be submitted to a North Dakota federal judge by May 17.
BISMARCK -- A federal judge will decide North Dakota's suit against the U.S. Army Corps of Engineers.
The facts will be submitted to a North Dakota federal judge by May 17. The judge will decide the case based on each side's motion for summary judgment, said North Dakota Attorney General Wayne Stenehjem.
His office and the corps have agreed to a schedule for completing depositions and other discovery, he said Thursday.
The state filed the suit in July to force the corps to release a rewritten Missouri River master manual that is more favorable to North Dakota and other upstream states. The corps has been promising a rewritten manual for managing the river's flows and dams for more than 10 years.
North Dakota contends the corps admitted during a lawsuit brought by the state 10 years ago that its 1962 master manual violates Congress' orders of equitable treatment for all river uses, whether it be for recreation, navigation or other uses.
Meanwhile, in a different case, the corps is still appealing the injunctions North Dakota and South Dakota got against the corps last summer to stop releases from the Missouri River dams. Those cases eventually will be argued before the 8th U.S. Circuit Court of Appeals.
Readers can reach Forum reporter Janell Cole at (701) 224-0830