- Associated Press - Thursday, December 29, 2016

FARGO, N.D. (AP) - The Minnesota Department of Natural Resources ramped up its opposition to a Red River flood diversion project in the Fargo area by filing court documents Thursday seeking to join a lawsuit to halt construction.

The DNR says it was forced into court when the Fargo-Moorhead Diversion Authority and U.S. Army Corps of Engineers announced plans to start building a gated inlet structure - the first phase of the project - even though the agency refused to issue permits. If approved by a judge, the DNR would be part of a 2013 lawsuit filed by a group of upstream opponents.

“We don’t believe we can have real good-faith discussions about Plan B options while construction is proceeding on the project after we denied the permit,” DNR Commissioner Tom Landwehr said. He noted that the project sponsors have also asked for proposals for building the diversion channel.

The $2.1 billion project would redirect the north-flowing river around Fargo and Moorhead, Minnesota, but would need to store water behind a high-hazard dam south of the metropolitan area. The complaint by the Richland-Wilkin Joint Powers Authority seeks a cheaper project that doesn’t flood farmland.

Fargo Mayor Tim Mahoney, who will take over next year as chairman of the diversion authority, said he’s disappointed but not surprised by the move. Mahoney was hoping the two sides could have discussions on “alternative issues” before the DNR went to court.

“We have talked with Landwehr about different options with him,” Mahoney said. “He knows we need a high-hazard dam and he didn’t really have a lot to offer as a Plan B.”

Mahoney said “millions and millions of dollars” have been spent looking at other alternatives and the current plan is the best one.

Diversion supporters said the October decision by the DNR to deny permits should have no bearing on construction on the North Dakota side and no work is scheduled to take place in Minnesota until at least 2019. Landwehr said he believes any element of the project is subject to DNR approval.

Fargo dealt with three straight years of high water beginning with a record crest in 2009 that destroyed about 100 structures and took a massive sandbagging effort to save the city. Fargo last experienced significant flooding in 2013.

“We have great concerns for the residents affected by the flooding,” Landwehr said. “We don’t believe that sandbagging is an acceptable solution.”

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