Court Upholds Plan for Missouri River
Posted on: Wednesday, 17 August 2005, 21:00 CDT
Rejecting appeals from just about everyone -- utilities to environmentalists -- a federal appeals court has upheld what is essentially a compromise for operating the Missouri River.
The 8th U.S. Circuit Court of Appeals said Tuesday that the Endangered Species Act does apply to the Missouri River. The court also ruled that endangered species do not trump flood control.
Reflecting the complicated nature of managing the river, the court said that flood control and navigation do not always take precedence over other needs.
The court stood behind raising water levels in the spring to protect the endangered pallid sturgeon. But it said offering man- made habitat was an adequate alternative to lowering the river during the summer.
The appeals court's decision affirmed an earlier ruling by U.S. District Judge Paul Magnuson in Minnesota. The decision resolves five lawsuits that had been consolidated into one.
Drought, endangered species and money are at the heart of the debate.
Upstream states want to retain water in their droughtdiminished reservoirs to protect recreation. Downstream states worry about springtime flooding and adequate water during the summer for navigation, drinking water and electricity.
Environmentalists say rare fish and birds need a spring rise and a summer drop to avoid extinction. The spring rise cues the pallid sturgeon to spawn, and the summer drop exposes sandbars where the piping plover and least tern nest. Resulting backwaters provide safe habitat for young sturgeon.
Paul Johnston of the U.S. Army Corps of Engineers and Chad Smith of the group American Rivers said Tuesday's appeals court ruling should tell all involved that the current plan for operating the river is valid.
In terms of river management, the next step occurs Friday in Sioux Falls, S.D., where the affected groups will meet to propose rules for a spring rise.
"This probably places even greater importance on working together," Smith said.
Source: Omaha World - Herald
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