RICHLAND WILKIN JOINT POWERS AUTHORITY PRESENTATION SUMMARY Stephanie Miranowski Wilkin County, MN Commissioner, and Director, Wilkin Richland Joint Powers Authority Timothy Fox County Attorney, Wilkin County, MN Tom Askegaard Mayor, Comstock, MN Cash Aaland Mndak Upstream Coalition Mark Askegaard Mndak Upstream Coalition and Clay County, MN, farmer 1. Locate Diversion Inlet North of the Wild Rice/Red River Confluence Using the Army Corps’ model/software and using the Army Corps’ assumptions (100 year event = 42.5 foot flood in Fargo), Engineer Anderson made the following determinations. If: (a) the diversion inlet is moved north of the Wild Rice/Red River Confluence, and (b) 20% distributed upstream retention is implemented, the elevation of the flood in Oxbow Hickson Bakke during a 100 year event would be lower than it was during the 2009 flood. Oxbow is protected a full foot above the ’09 level, and Bakke and Hickson did not flood and have never flooded. Under this alignment: Fargo would receive the same level of protection as the current proposal; Oxbow Hickson Bakke ring is unnecessary, saving $70,000,000.00; Dam on Wild Rice River is unnecessary, saving $140,000,000.00; Ring dikes in Comstock and Wolverton are unnecessary; All impacts to Richland and Wilkin Counties are eliminated; and Entire Red River Basin is benefited, not just Fargo. 2. New Information on the Effectiveness of Upstream Retention Red River Basin Commission study on Upstream Retention Sponsored by F-M Diversion Authority showed that distributed detention of water on Red River could: Reduce peak flows on tributaries by up to 35%; and Reduce flood volume in mainstem river in excess of 20%. Moorhead dikes and levees are constructed to 44 feet. Fargo Comprehensive plan goal is to construct dikes and levees to 42.5 feet. 2009 flood was 40.8 feet. 20% flow reduction means Fargo and Moorhead crest would be below 40 feet in a USACE 100 year flood event and under 38 feet in both the current and proposed FEMA 100 year flood event; and 2009 flood would have been less than 38 feet. 3. Legal Update The Army Corps of Engineers has not studied, developed, or described appropriate alternatives to recommended courses of action as required by 42 U.S.C. § 4332(2)(E). During the environmental review process, the State of Minnesota repeatedly warned the US Army Corps of Engineers that the review conducted by the USACE was inadequate to satisfy Minnesota law, and failed to demonstrate that the project is the least impactful solution. The Chief’s Report and accompanying EIS arbitrarily, unlawfully, and capriciously failed to report to Congress that there exists a viable and fully suitable less costly flood control option that avoids the flooding of Richland and Wilkin Counties and lands downstream of Fargo and Moorhead while providing full protection to Fargo and Moorhead for floods reasonably likely to occur.