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Understanding the Missouri River Litigation

The State of Missouri depends on the Missouri River for many uses. The River serves as the water supply for approximately one-half of Missouri's 5.6 million citizens. More than half of the water delivered by public water supplies to Missourians is for domestic use. Thousands of acres of Missouri farm land are adjacent to or otherwise directly affected by the flow of the Missouri River, particularly when the river rises. A number of large Missouri metropolitan areas-including the two largest, St. Louis and Kansas City-are located on the Missouri River.

The United States Army Corps of Engineers (the "Corps") operates six dams and reservoirs on the main stem of the Missouri River. Those dams and reservoirs are located in Montana, North Dakota, South Dakota, and Nebraska. Pursuant to the Flood Control Act of 1944, the Corps adopted and published a Master Water Control Manual in 1979, later revised in 2004, for the purpose of systematically operating the main stem Missouri River reservoirs.

During the process leading up to adoption of the 2004 Master Manual, the Corps considered alternatives to managing the River's water resources, ranging from no change from the prior manual to allowing the river to run its course as if the dams did not exist. The Corps, however, did not study the environmental effect of a bimodal spring rise intended to stimulate the spawning activities of the pallid sturgeon, an endangered fish species native to the Missouri River. Despite the Corps' failure to study the environmental effect of a bimodal spring rise, the Corps adopted the bimodal spring rise as part of the Master Manual in 2004. In so doing, the Corps rejected the various alternatives to the bimodal spring rise that were formally studied.

To effectuate the spring rise, the Corps releases extra water from the northern dams twice each year in order to alert the pallid sturgeon that it is spawning season. According to the Corps, the rise is necessary for the survival of the fish, but the Corps has never presented any evidence to support that assertion.

The process leading to the adoption of the 2004 Master Manual has been the subject of much litigation. The Flood Control Act of 1944 charges the Corps with the dominant functions of maintaining both flood control and navigation along the Missouri River System. The State of Missouri often finds itself at odds with its upstream neighbors over the relationship between these two functions. Navigation and flood control along the Missouri River are essential to commercial shipping and agricultural activities up and down the Missouri River throughout central Missouri. Therefore, the State of Missouri needs the Corps to release water from the northern dams at strategic times throughout each year, while withholding water during periods of heavy rainfall.

On the other hand, northern states experience droughts and other, less severe periods of regular water shortages throughout each year. Those states need the water from the Missouri reservoirs to support their recreation industry. The resulting conflicts often lead to litigation among the State of Missouri, the Corps, and various northern states. This litigation usually attracts the attention of both the local and national media, which is how you have traditionally been informed about Missouri River issues. If you have any questions about the general policies behind the State of Missouri's position or specific cases you've read about in the past, feel free to ask away.

 

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Posted by Isis on December 15, 2008 5:15 pm :: Comments (0) :: Permalink

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