Missouri River update
The Corps of Engineers operates a system of six reservoirs on the Missouri River main stem. The upper three reservoirs, Fort Peck in Montana, Garrison in North Dakota, and Oahe in South Dakota are the Corps’ three largest reservoirs. Their conservation storage more than 50 times that of Tuttle Creek, Milford and Perry Reservoirs. The Missouri River is a significant source of water supply to the Kansas City metropolitan area and other communities of northeast Kansas along the river, including water for cooling at power generation facilities. The reservoir system also provides flood control and navigation benefits to Kansas.
Controversy over the operation of this reservoir system began during the 1980’s drought. In 1989, after being sued by the upper basin states, the Corps initiated a review of its Master Water Control Manual (“Master Manual”) governing the operation of these dams.
Initially the primary issue driving the controversy was how the system should be operated during drought periods. Upper basin (reservoir) states wanted significantly more drought conservation during such drought periods to reduce reservoir drawdowns and their negative impacts on reservoir recreation. Downstream (river) states wished to maintain flows for navigation and water supply, including cooling water for power plants.
During the course of the master manual review, environmental issues, and esp. endangered species issues have become very significant.
On February 27, 2004, after 15 years of effort, the Corps of Engineers published its Final Environmental Impact Statement (Final EIS) on the Missouri River Master Manual Review. The FEIS’ selected alternative included increased drought conservation, seeking to better balance the needs of the upper and lower basin states. In regard to endangered species issues, the Final EIS provided no specifics on flows changes to meet endangered species needs in its preferred alternative. Instead the Corps stated that these needs would be addressed through a process it calls a Missouri River Recovery Implementation Committee (MRRIC) and the use of an adaptive management processes.
At the completion of the Final EIS the Missouri Basin was again in a major drought, which continues. In 2004, a series of lawsuits were filed, initially by the upper basin states seeking to restrict the Corps’ navigation support from the reservoir system. Downstream states intervened. Eventually lower basin states filed their own lawsuits, as did environmental interests. The resulting six lawsuits were eventually consolidated before a judge in Minnesota who eventually ruled in favor of the Corps of Engineers in all cases. An appeal was heard by the 8th Circuit Court of Appeals which again affirmed the Corps’ operations under the revised master manual. Recently the U.S. Supreme Court refused to hear appeals of the 8th Circuit’s decision, thus ending this round of litigation. Throughout all of this litigation, Kansas chose not to participate as a party.
Recently the state of Missouri filed a new lawsuit against the Corps of Engineers and other litigation in the basin is possible, if not likely, in the future. Kansas will need to continue to monitor this legal activity to determine how to best protect its interests.
The States continue to work with the Corps of Engineers on environmental and related endangered species issues by assisting the Corps in developing its Missouri River Recovery Implementation Committee and seeking to obtain sufficient funding for habitat restoration work. The States are replacing the Missouri River Basin Association (MRBA) with a new organization called the Missouri River Association of States and Tribes (MoRAST) which will include a director from each States’ fish and game agencies, in addition to a water management director from each state.
Kansas continues to work with the Corps of Engineers to resolve its concern with the Corps’ use of the Kansas basin reservoirs to support Missouri River navigation. Kansas believes the negative impacts of this use far outweigh the benefits. Kansas is looking for a permanent solution to the problem.
Page updated: 09/19/2006