NAWS outlines water schedule
By JILL SCHRAMM, Staff Writer jschramm@minotdailynews.com
POSTED: May 30, 2008
Fact Box
More lawsuits for NAWS?An Environmental Impact Statement might not be the last word on the Northwest Area Water Supply project.
Members of the NAWS Advisory Committee were told Thursday that a future lawsuit remains a possibility regardless of the findings of the environmental study.
“There are people who believe that whatever comes out will be challenged in court again,” said Dale Frink, state engineer with the North Dakota Water Commission. “What we need to do is get that document in as defendable a condition as we can because I think there’s a really good chance it will be challenged.”
He said the first section of an 80-page document submitted from Manitoba during the draft EIS comment period “reads like the first phase of a challenge.”
The National Wildlife Federation also raised legal issues in its filing during the comment period, said Alicia Waters, team leader on the EIS at the Bureau of Reclamation.
The bureau is in the process of responding to the comments. It is doing its best to address the issues and avoid leaving a door open to further lawsuits, Waters said.
“We are being very careful to cross our Ts and dot our Is and make sure procedurally, we are within the regulations,” she said.
The bureau expects to complete the final EIS by late fall. Once the EIS is released, there is a 30-day waiting period before the bureau will announce its decision on NAWS water treatment.
The bureau is conducting the EIS in response to a judge’s order for more environmental review. Manitoba sued in federal court over potential transfer of organic material from the Missouri River Basin to the Hudson Bay Basin.
NAWS would bring Missouri River water to Minot and communities beyond.
Bob Schempp, chairman of the advisory committee, said a completed EIS will give NAWS a better standing in any future court action.
“We have a much better chance with a firm, logical, defendable EIS,” he said.
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The NAWS Advisory Committee met in Minot Thursday to get an update on construction.
Berthold might get Minot city water by the end of August if NAWS construction stays on schedule this summer. There have been glitches. One relates to the new reservoir tank near Berthold. The contractor is having to replace floor panels and that will mean missing the June 1 completion date.
Meanwhile, the design work is ongoing on 45 miles of pipeline to Kenmare and Upper Souris Rural Water and related features, including a million-gallon storage tank, NAWS engineer Kevin Martin of Houston Engineering told the committee.
Although the project won’t be completely done until 2010, Minot’s water will be able to start flowing to Kenmare by late 2009.
Minot has agreed to supply water to the outlying communities until treated Missouri River water can be piped to the region.
Minot will be meeting its own needs first and has the ability to restrict the flow of water leaving the city.
Martin said the Minot Water Treatment Plant will be able to provide for the average daily use of the other communities, but during times of peak demand, those cities will have to augment with their own supplies.
“It’s going to solve the majority of the problem for the majority of the time. There’s just going to be certain periods when they have to bring their own supply back on,” Martin said.
Kenmare intends to mix just enough Minot water with its own to come into compliance with federal standards for arsenic.
Martin said it’s been difficult to develop interim water rates for cities receiving Minot water because of the complicated issues involved. Houston Engineering continues to work on developing rates.
The advisory committee voted to ask the State Water Commission to change the construction schedule to move up plans for building a NAWS pipeline in the Bottineau area.
Dan Schaefer, manager of All Seasons Water Users District, said the district is working to bring the city of Upham into its service area. The city voted 28-25 in April to buy water because of arsenic levels in its existing water, he said.
Grants are funding most of the cost, but Schaefer said NAWS can help reduce duplication and save some money. The existing All Seasons pipeline that the Upham project must tap into isn’t large enough, so All Seasons would have to build another parallel pipe.
NAWS plans another, larger pipe in that area someday to replace the All Seasons line. All Seasons is signed up to receive NAWS water.
Schaefer asked the committee to build that segment of pipeline now and allow All Seasons to use and maintain it until NAWS water starts flowing. All Seasons hopes to call for bids on its project in July.
Although Upham hadn’t signed up for NAWS water, the city now would is scheduled to receive NAWS water through All Seasons.
