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"Excess" Corp lands above 1620 in Emmons and Morton Counties to Private Owners
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<blockquote data-quote="Tim Sandstrom" data-source="post: 105922" data-attributes="member: 1108"><p>That's an interesting take on history. I have several documents signed by the ACOE among others that showcase recreation as a project purpose. Since I can't help but get the feeling you are trying to play words the states did have to sue the ACOE to get fair representation and "intent" of the Flood Control Act.</p><p></p><p>The original Flood Control Act had as a purpose recreation and fish and wildlife habitat. The Corps didn't recognize that fact until the upper basin states sued the Corps over that issue in the early 2000's and the 8th Circuit found "The text of the Flood Control Act thus sets up a balance between flood control, navigation, recreation, and other interests". So the original intent of the law was to provide for recreation, and that has always been our state's position, until this lame duck Governor has decided to give away the recreational lands.</p><p></p><p>Below is a clip right out of the Special Assessment of Project Land Adjacent to Fort Berthold Indian Reservation Summary (commonly known as JTAC).</p><p></p><p>You don't think the intent all along was for fish, wildlife and recreation? This was why a lawsuit was filed so we could help stop the constant aggressive drain of water to over support navigation downstream.</p><p></p><p>[ATTACH]5744[/ATTACH]</p></blockquote><p></p>
[QUOTE="Tim Sandstrom, post: 105922, member: 1108"] That's an interesting take on history. I have several documents signed by the ACOE among others that showcase recreation as a project purpose. Since I can't help but get the feeling you are trying to play words the states did have to sue the ACOE to get fair representation and "intent" of the Flood Control Act. The original Flood Control Act had as a purpose recreation and fish and wildlife habitat. The Corps didn't recognize that fact until the upper basin states sued the Corps over that issue in the early 2000's and the 8th Circuit found "The text of the Flood Control Act thus sets up a balance between flood control, navigation, recreation, and other interests". So the original intent of the law was to provide for recreation, and that has always been our state's position, until this lame duck Governor has decided to give away the recreational lands. Below is a clip right out of the Special Assessment of Project Land Adjacent to Fort Berthold Indian Reservation Summary (commonly known as JTAC). You don't think the intent all along was for fish, wildlife and recreation? This was why a lawsuit was filed so we could help stop the constant aggressive drain of water to over support navigation downstream. [ATTACH=CONFIG]5744._xfImport[/ATTACH] [/QUOTE]
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