[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6393305,"mediaKeyId","2107598-b8715dbf885b87b3747ea8c12c7ee074","parentId",2107598,"title","Fargo‑Moorhead diversion 61% complete; authority warns Minnesota funding and contractor disputes could affect schedule","audioSeconds",3589,"startMs",4926000,"endMs",8515000,"viewUrl","/Search/View?dp=1&key=2107598-b8715dbf885b87b3747ea8c12c7ee074&start=4926&end=8515","thumbnailUrl","https://assets.pipeline.soar.com/2107598-b8715dbf885b87b3747ea8c12c7ee074/thumbnail_4926000.jpg","articleUrl","/articles/6393305/North-Dakota/FargoMoorhead-diversion-61-complete-authority-warns-Minnesota-funding-and-contractor-disputes-could-affect-schedule","mediaUrl","https://secure.pipeline.soar.com/6393305-defc14dbc6e04121bd2d033b73040842/orig.mp4?Expires=1771141187&Signature=PJhoA5weSs~XCz4WQmoW9Dt3dVRxzFTMKmnQIHRTr1tZcKGuadzsjzoYXJuJwt2knyAr89FL8l1~tDe~uF9O5NYGqvasdXzMTpna253UFSN41PXh-23g2fyJI1siv-svNN8wqkSeGmYFuGZFjuW8fgK0rB1V3xFv-oqDcnNqt7d3FrXZeypfegohhEsXQlk3yejdvEpPt1FBofXbmXOYOI1nRvi7XR9oqqCyKSPwS8zgg3j1WKnfKTIvfS6ysi1sTt6bUjmdVJOT5MIG8tC~qq6e5wwGcl8CljBX3WJEH0CEaJ0B8c1nr~JyNcIkhJPxS4zK02tIAvJN3HvmmQXR7w__&Key-Pair-Id=KUT5TJCACFTXG","author","House Appropriations, ND","date","2025-01-09T00:00:00Z","article","Tony Greenberg, chair of the Metro Flood Diversion Authority, told the House Appropriations Committee the Fargo‑Moorhead Metro Flood Diversion project has reached roughly 61 percent net construction completion through 2024 and that the authority expects about 75–80 percent completion by the end of 2025.

Greenberg, a Cass County commissioner and the project chair for the year, said the public‑private portion of the project (P3) was about 58 percent complete and in‑town flood protection was over 80 percent complete. He told the committee the project has excavated 28 million cubic yards of material, driven 24 miles of piling and planted more than 35,100 trees.

Project timeline, certification and funding
Greenberg said the authority anticipates moving toward full project completion in 2026 with a “soft opening” or initial operability in 2027. He noted there is a separate FEMA certification process that may take three to five years after construction is finished. On funding, the authority reported the federal U.S. Army Corps of Engineers contribution (approximately $750 million), state contributions including the $850 million bond provided by North Dakota, and more than $1 billion from local sales taxes and other local funding sources. The authority said Minnesota has put about $124 million toward its work and that roughly $60.4 million remains to be provided for Clay County and Moorhead wrap‑around projects.

Disputes, dispute‑resolution and contractor performance
John Shockley, general counsel for the Diversion Authority, told the committee the project’s contract includes an alternative dispute resolution process designed to handle technical and financial disagreements more quickly than litigation. He said the process is currently on hold because a local media request prompted the North Dakota Attorney General for an opinion on whether dispute hearings must be open under the state’s public‑records/open‑meetings rules. “We are not currently in litigation,” Shockley said, and explained that the project agreement requires completion of the alternative dispute resolution steps before litigation can be filed.

On contractor performance, committee members were told that the authority has assessed approximately 473 non‑compliance points to the developer/contractor to date; the authority stated each non‑compliance point can equate to about $9,000 in potential off‑sets from final payments. Authority legal counsel said many disputes are resolved at technical and leadership levels before reaching the formal dispute panels.

Land acquisition and litigation
Martin Nicholson, senior program advisor for the authority, provided a snapshot of right‑of‑way and easement status. For the construction footprint, he said there were 264 owners in North Dakota and 35 in Minnesota; the authority reported 292 were settled and 7 were in litigation for that footprint. For upstream mitigation easements there are additional negotiated, ongoing and litigated matters: Nicholson reported 170 settled, 53 ongoing and 75 in litigation across the upstream mitigation area; the authority said most remaining litigation is scheduled through 2026 with the goal of resolving acquisitions before 2027.

Schedule risk and contractor payments
Committee members asked whether the developer or contractor has fallen behind. Authority counsel explained schedule claims are tracked in a detailed P6 schedule (roughly 18,000 activities), and that developer‑claimed delays (a cited 160‑day figure in materials) are disputed by authority technical reviewers. The authority reported the developer has paid its contractor in the neighborhood of $500 million to $600 million; the authority itself has disbursed roughly $20 million to the developer with additional draws in process. Authority staff said the project finance structure places the developer at risk for delay because availability payments depend on timely, certified completion.

Local and federal financing; operations planning
Greenberg and staff reiterated that local sales taxes were approved by voters to support the project and that the authority has structured a stack of financing, including a WIFIA loan and other low‑cost instruments. The authority described transition planning from construction to operations and maintenance, including hiring an executive director for the authority’s operations phase and continued staffing to support O&M responsibilities.

Follow‑up and requests
Committee members pressed for specific remaining Minnesota funding timelines and asked for more detailed accounting of project draws, legal expenditures and a public cadence of reporting. Representative Nathie requested quarterly reporting to the Legislature on the diversion; Greenberg replied the authority is willing to provide regular updates and said staff would coordinate with the committee.

Quotes from the meeting include Greenberg noting the project’s progress: “For a net construction completion percentage of about 61% of the project has been completed through 2024,” and John Shockley explaining the dispute process: “We are not currently in litigation,” and describing the pause on alternate dispute panels pending the Attorney General’s opinion.","mediaType","Video","parentTitle","House Appropriations- Jan 9, 2025\t","oneSentenceSummary","Tony Greenberg, chair of the Metro Flood Diversion Authority, told the House Appropriations Committee the Fargo‑Moorhead Metro Flood Diversion project has reached roughly 61 percent net construction completion through 2024 and expects 75–80 percent completion by the end of 2025.","taxTitle","Appropriations, House of Representatives, Legislative, North Dakota","taxId",28310,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6393310,"North Dakota Department of Water Resources details projects, funding shortfalls and data initiatives",3299,481000,3780000,"/Search/View?dp=1&key=2107598-b8715dbf885b87b3747ea8c12c7ee074&start=481&end=3780","https://assets.pipeline.soar.com/2107598-b8715dbf885b87b3747ea8c12c7ee074/thumbnail_481000.jpg","/articles/6393310/North-Dakota/North-Dakota-Department-of-Water-Resources-details-projects-funding-shortfalls-and-data-initiatives","https://secure.pipeline.soar.com/6393310-a057da294c22c42343e5dec2c95af3be/orig.mp4?Expires=1771141187&Signature=FsaagLXkGxFaud-Bm-wX8zHrYiNzLaf~HGq8~5HgK0QQ~cyEq2IaljhquWJtKD-N0~njLscYCWenOdI7p54TMpVVg6Rtmhb16m73Bco9nIEz7GqzH-QfiPv8y~UwH1Tdapksg7bzyS5D-ymgy23T8jnJKO9MU55gG8~FEpy7WyhnxzSjKCc~dZ7VzNvmDOTbiZpQ1ztVbcZ5DShOjCnK0fmT15KptotUujutZC7zneGAdLgiiW6nlXEWNjyHc-jhRKuI4kySDQz03AxPvK9MlzjwA6RDpikUu0-Jlopwbt1zKkF9R5onuX83CmNH9lssalwSy0Ee4auMVBbkfmoWaA__&Key-Pair-Id=KUT5TJCACFTXG","Rhys Haas, director of the North Dakota Department of Water Resources, gave a first‑day presentation to the House Appropriations Committee describing the agency’s organization, major projects and funding outlook.

Haas said the department’s “mission is to responsibly manage North Dakota’s water needs, and risks for the people's benefits,” and described a mix of statewide programs including a cost‑share program funded from the Resources Trust Fund, regulatory duties, dam safety and data collection initiatives.

The department told lawmakers it manages 93 full‑time employees across administrative, regulatory, appropriations and planning divisions and that the Resources Trust Fund—seeded by oil extraction tax revenue—remains the primary source for state water investments. Chris Katamus, director of administrative services for the department, told the committee the department’s current carryover estimate range is “from 560,000,000 to $653,000,000,” and said the final carryover amount will depend on project sponsors’ progress.

Why this matters: the department’s 10‑year water development plan identifies roughly $2.9 billion in needs while projected oil tax deposits are far smaller; leaders told the committee the Resources Trust Fund alone will not meet long‑term demand.

Major projects and timelines
- Northwest Area Water Supply (NAWS): department staff said NAWS will serve about 81,000 users, 10 public systems and that construction has faced international concerns in the past over cross‑basin transfer; officials estimate Lake Sakakawea water could begin delivering into the NAWS system in 2025. The department reported combined funding sources for the first year of the current biennium including $6.9 million from the city of Minot, $12.6 million federal and $9.5 million from the Resources Trust Fund.
- Southwest Pipeline Project: the department reported the system will serve about 58,000 people in the southwest portion of the state, including some industrial oil‑and‑gas uses. The west zone construction is anticipated in summer 2025, and expansion of the southwest water treatment plant is planned.
- Devil’s Lake outlets: the department operates two outlets and said operation requires balancing lake level management with water‑quality concerns downstream (including transboundary interest from Canada and Minnesota). Water Development Division Director Sunduja S. Palai Granols estimated 2024 outlet operations reduced Devil’s Lake by about 0.7 foot and said staff will provide detailed cost and days‑pumped figures on request. The department reported completed preventative maintenance and planned sediment removal in spring 2025.

Permits, temporary water use and aquifer programs
Department staff reported year‑to‑date regulatory activity including 20 drainage permits, 29 construction permits and 30 sovereign‑lands permits. The office received 64 new water‑appropriation applications in 2024 and issued 42 of those; the department reported it canceled 82 permits and “perfected” 39 (reducing permit amounts to actual use). It also reported 682 temporary water permits issued, primarily to industrial oil‑and‑gas activities.

Officials emphasized that, by volume, irrigation and municipal uses remain the largest consumptive categories, even though industrial temporary permits have grown since the 2010s oil boom. State Engineer John Paskowski described a Phase‑1 managed aquifer recharge study the department completed; later phases will examine potential water sources such as Red River Valley Water Supply for recharge.

Data collection and technology
Haas highlighted the department’s data investments: statewide LIDAR (quality level 2 statewide, quality level 1 in ~25–30 population centers), an in‑house “presence” network of more than 600 automated monitoring units and over 28 million data points collected in 2024. Aaron Grawan, director of the regulatory division, said the LIDAR products create one‑foot contours in many places and can often give homeowners a useful estimate when considering FEMA maps, though surveyors remain the standard for formal Letters of Map Amendment.

Budget, funds and policy
Haas and staff noted the Resources Trust Fund receives about 20.5 percent of the state’s oil extraction tax. The department reported the Water Project Stabilization Fund (created in the 2021 special session) held a $150 million balance last biennium and that the legislature previously allocated $120 million to the Red River Valley Water Supply project and $30 million toward a loan payoff. The department said the stabilization and trust funds will be largely allocated by the end of the biennium and that the rural water bucket is expected to be fully obligated by the February water commission meeting.

The department also noted policy changes and stakeholder engagement on cost‑share rules and that House Bill 1385 from the previous session made tribal nations eligible for cost‑share participation; officials said a few tribal governments have already used the program.

Follow‑up and next steps
Haas said the department will provide additional details requested by committee members, including: (1) costs and pumping days for Devil’s Lake outlet operation in 2024, (2) the department’s longer list of 10‑year projects beyond its high‑priority items, and (3) a list of shovel‑ready projects with anticipated completion horizons. The director also noted that Governor Armstrong’s budget would be announced the coming Monday and that the department had 11 agency‑sponsored bills filed for the session.","Rhys Haas, director of the North Dakota Department of Water Resources, gave a first‑day presentation to the House Appropriations Committee describing the agency’s organization, major projects and funding outlook.","actionData","errors"]

Article not found

Fargo‑Moorhead diversion 61% complete; authority warns Minnesota funding and contractor disputes could affect schedule

North Dakota Department of Water Resources details projects, funding shortfalls and data initiatives