Attorney General's News Release

June 5, 2003

Nixon hails court decision confirming priority of flood control, navigation in Corps of Engineers' managing of Missouri River

Jefferson City, Mo. — Attorney General Jay Nixon hailed a decision by the 8th U.S. Circuit Court of Appeals on Wednesday (June 4) that upholds the position of Missouri and other downstream states regarding the priorities of managing the Missouri River. The court held that the primary functions of managing the river and its dams remain flood control and navigation and that other purposes are secondary, a position long argued by Nixon and other downstream proponents.

"This is the most important court decision ever regarding the operation of the Missouri River," Nixon said. "The appeals court is compelling the Army Corps of Engineers to follow the Master Manual, the blueprint for river management, and not deviate from it.

"The court held that flood control and navigation, not upstream recreation, are the dominant functions of the Flood Control Act of 1944," Nixon said. "We have always said that flooding and jobs in Missouri should be more important than walleye fishing and jet-skiing in upstream lakes."

The court lifted injunctions issued by district courts in North Dakota and South Dakota that prevented the Corps from releasing water from three upstream reservoirs. Those two states wanted to retain water in the reservoirs to support recreation and wildlife. Missouri, Nebraska and other downstream interests argued that the Corps could not deviate from the Master Manual in this way.

Nixon said the court also held that the Flood Control Act and the Master Manual prioritize uses in descending importance: flood control, upstream beneficial consumptive uses, downstream water supply, navigation, power generation, recreation and wildlife. The court held that the Corps actions in operating the Missouri River system were subject to judicial review and that the Flood Control Act and the Master Manual provided the law to apply.

"We can protect wildlife habitat without disrupting the flow needed for the many uses of the Missouri River, and that needs to be done within the framework set up by the Master Manual," Nixon said. "Perhaps most importantly, this court ruling should put an end to piecemeal lawsuits by upstream states that have kept the Corps from abiding by the Manual."

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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