Red River Valley Water Supply Project Environmental Impact Statement SUMMARY OF JUNE 2003 PUBLIC MEETINGS U.S. Department of the Interior Bureau of Reclamation and State of North Dakota Garrison Diversion Conservancy District August 2003 RED RIVER VALLEY WATER SUPPLY PROJECT ENVIRONMENTAL IMPACT STATEMENT SUMMARY OF JUNE 2003 PUBLIC MEETINGS U.S. Department of the Interior Bureau of Reclamation and State of North Dakota Garrison Diversion Conservancy District August 2003 industrial water needs of the Red River Valley. INTRODUCTION This Summary of June 2003 Public Meetings compiles public and agency comments received during public meetings for the Red River Valley Water Supply Project (Red River Project) Environmental Impact Statement (EIS). This EIS will evaluate alternative ways to meet the comprehensive water quality and quantity needs of the Red River Valley in North Dakota and East Grand Forks, Moorhead, and Breckenridge in Minnesota. Appendix A to this summary includes written comments and flip-chart notes from public meetings. GDU Import to Sheyenne River Alternative - This Missouri River import alternative would link the GDU Principal Supply Works to the Sheyenne River to convey water to meet the shortages of the Red River Valley. Missouri River to Red River Import Alternative – This Missouri River import alternative would use a pipeline from the Missouri River to meet the shortages of the Red River Valley. BACKGROUND EIS Public meetings were held June 2326, 2003 in Grand Forks, Fargo, and Valley City, North Dakota and in Breckenridge, Minnesota. These meetings provided the public an opportunity to comment on alternatives to be analyzed in the Red River Project EIS. The alternatives were refined from preliminary alternatives that were reviewed during the initial scoping process initiated in October and November 2002. North Dakota In-Basin Alternative - This in-basin alternative would use water supply sources within the Red River Valley of North Dakota to meet shortages. Red River Basin Alternative - This in-basin alternative would use available surface, and/or groundwater from Minnesota and North Dakota to supplement water supply sources to meet shortages. The alternatives presented in the June public meetings included: Garrison Diversion Unit (GDU) Import Pipeline Alternative - This import alternative would use the GDU Principal Supply Works and an enclosed pipeline system to meet the shortages of the Red River Valley. No Action Alternative - This alternative is the future without the Red River Project. SCOPING SUMMARY The following paragraphs summarize comments received during the meetings and in correspondence. The wording is intended to categorize and summarize the substance of the comments, not reproduce the exact wording of individual comments. Many of the comments are similar to those received during the initial scoping period last fall. GDU Water Supply Replacement Pipeline Alternative - This import alternative would use the GDU Principal Supply Works and an enclosed pipeline system to import water from the Missouri River and meet the full municipal, rural, and 1 Geographic Scope Inclusion of areas near Moorhead, Minnesota Comment: A recommendation was made to distribute the Department of the Interior’s Water 2025 initiative to all participants in the Red River Project. Comment: A recommendation was made to include Oakport Township and Americana Estates which are scheduled to be annexed by Moorhead, Minnesota. Response: Water 2025 focuses on reshaping and enhancing the tools that will work to prevent crises and conflict over water in the West. To make the Water 2025 plan more accessible, a link to the Water 2025 website, currently found at http://www.doi.gov/water2025, will be added to the www.RRVWSP.com website, unless security restrictions prohibit such links. Response: This is a reasonably foreseeable action. Oakport Township and Americana Estates, which are scheduled to be annexed by Moorhead, Minnesota, will be considered in the EIS analysis. NEPA Process Department of Interior’s Water 2025 Public Involvement Comment: Most of the comments raised about the NEPA process were related to the need for more public awareness and involvement, including coordination of issues with Canada and the general public. Timeframe for Study Comment: Questions were raised concerning the timeframe of the project analysis. Will there be a 50 year planning horizon or predictions for 50 years from anticipated date of project construction? It was suggested that the time frame be 2060 instead of 2050. Response: A public involvement plan has been developed by the Bureau of Reclamation (Reclamation) and the Garrison Diversion Conservancy District (GDCD). Both Reclamation and GDCD have public affairs staff to coordinate efforts concerning this project. Information is available on a web site developed by Reclamation and GDCD. This site is updated regularly and can be found at http://www.rrvwsp.com. Response: All of the current Red River Project studies are based on a forecast of the project to 2050. Any changes to the 2050 date would require revisions to completed studies and potential delays in the project schedule. The proposed Red River Project is being designed for 2050. Determination of Water Needs Several individuals and entities commented on various aspects of the quantification of needs, and the availability of surface water and groundwater supplies to meet those needs. Canadian representatives have attended Red River Project’s Technical Team meetings and have commented on draft plans and reports which provide an avenue for coordination. 2 used in the EIS to assess impacts on the recreation by the proposed alternatives. Industrial Needs Comment: Assertions were made that the potential growth and expansion of industry in the future and its subsequent water demands are issues that need to be addressed. Comment: Measures included in Reclamation’s draft report Water Conservation Potential Assessment – Red River Valley Water Supply Project are considered to be either too aggressive or too conservative, depending upon the commenter’s perspective. Response: Estimating future industrial needs is a key element in determining the future water needs in the Red River Valley. Reclamation, as part of the Needs and Options Report, will evaluate present economic activities and forecast future activities in the valley. The effects of the alternatives on industry will be addressed in the EIS. Response: The comments received concerning Reclamation’s draft report are being considered. Revisions to the draft report are in progress. The report estimates potential water savings that could be achieved by implementing water conservation in all alternatives. The Dakota Water Resources Act (DWRA) identifies water conservation as a need to be included in the Needs and Options Report. Population Projections Comment: Concern was expressed that population projections were generally too low. Response: Using demographic modeling, Reclamation has estimated how many people will be living in the valley in 2050. It is predicted that major communities will increase in size while rural populations will stay the same or decrease. Water Conservation Measures Drought Comment: Similar to the initial scoping meetings, concerns were expressed about the effects of drought on potential water shortages and how drought would affect the Red River and Missouri River basins. Recreation Needs Comment: Recreation needs should be better recognized and there should be an understanding of who pays for future development and management. Response: Reclamation will evaluate the effects of climatic cycles on streamflow within the Red River and Upper Missouri River basins. This will, in part, be used to establish the appropriate drought scenario to use for hydrologic modeling and will provide an understandable context regarding the likelihood of more or less severe droughts than previously experienced. Response: Reclamation has completed a draft Recreation Needs Assessment Report to identify existing water-based and water-dependent recreation facilities and opportunities along the Sheyenne and Red Rivers. Report results will be 3 Minnesota water as a supply was politically feasible. Scope of Alternatives Although no new alternatives were suggested during the meetings, there were recommendations for coordinating and implementing specific project features as well as comments expressing preferences for specific alternatives. As required by the Council on Environmental Quality implementing regulations (40 CFR 1502.2[e]), a full range of reasonable alternatives will be evaluated in the EIS. These alternatives will include a No Action and development of in-basin and out-ofbasin water sources. Response: The Minnesota communities of East Grand Forks, Moorhead, and Breckenridge have been added to this proposed project’s service area. Whether Minnesota water sources are viable options will be evaluated during development of the alternatives. The EIS will summarize this information and will disclose the legal steps necessary to secure a water supply from Minnesota and for Reclamation to construct features outside of its authorized geographic boundary of the 17 western states. The EIS will evaluate potential environmental impacts of specific alternatives together with engineering and socioeconomic considerations. Seven alternatives were presented during this scoping period and are listed on page 1. A preferred alternative has not been identified at this time. Comment: Questions were raised concerning specific features such as pipeline size and placement. Response: Pipelines will be sized to meet the needs as quantified in the Needs and Options Report. Geographic Information System layers have been prepared that display the locations of environmental resources such as critical habitat for federally listed species, ecological communities, wetlands and streams, and historic properties. Pipelines and other facilities will be routed to avoid significant natural and cultural resources whenever possible. No Action Comment: There are still concerns about including a No-Action Alternative in the EIS. Response: The National Environmental Policy Act requires a No Action alternative in every EIS. The No Action alternative will be the basis against which all other alternatives will be evaluated. Pipeline Features Ring Dikes Comment: Concerns were raised about the feasibility and practicality of ring dikes. Red River Basin Alternative Comment: Support was expressed by several commenters for the addition of Minnesota communities; however, commenters questioned whether using Response: Ring dikes will be evaluated as part of the Needs and Options Report prior to incorporation in alternatives. 4 Lake Ashtabula Hydrology Modeling of McClusky and New Rockford Canals Comment: The possibility of raising Lake Ashtabula elicited concerns for surrounding property and impacts to highways. How high would Lake Ashtabula be raised and would this result in a flood with dam failure? Comment: How will channel losses be addressed in the alternatives that route water to the Sheyenne River? Are the canals efficient at transferring water and can they move water in the winter? Response: Any proposed design changes at Lake Ashtabula will be evaluated as part of the Needs and Options Report prior to incorporation in an alternative. Response: Channel losses will be incorporated into hydrology modeling. Canals and their ability to transfer water will be discussed in the Needs and Options Report. NEPA requires that agencies consider reasonably foreseeable direct, indirect or cumulative effects that may result from a proposed action or its alternatives. In this case, dam failure is not a reasonably foreseeable effect. Any proposed changes for the dam at Lake Ashtabula would be designed with a life expectancy that exceeds the timeframe under analysis for this project. In addition, Reclamation experience indicates that dam operations and maintenance activities can reasonably be assumed to alleviate the risk of dam failure. Groundwater and Artificial Recharge Comment: Concerns for current groundwater use, aquifer storage, and recovery, and groundwater data availability were expressed similar to those voiced during initial scoping. Support for aquifer recharge was expressed and suggestions were made to consider additional aquifers for recharge. Response: The Needs and Options Report will consider groundwater and artificial recharge of aquifers as part of the analysis of alternatives. The effects of the alternatives on groundwater will be evaluated in the EIS. Construction of Kindred Dam Comment: It was noted that the construction of Kindred Dam is not an alternative and has been eliminated as an option in the past due to environmental impacts and cost benefit analysis. Purchase of Irrigation Groundwater Rights Comment: Comments were received concerning the issue of purchasing irrigation water rights and permits. Response: Kindred Dam was considered but eliminated as an option to be used in this project. Response: Purchase of irrigation water rights will be evaluated in the Needs and Option Report. If purchases are 5 incorporated into an alternative, impacts with be evaluated in the EIS. Lake outlet during water quality modeling. The results will be disclosed in the EIS. Desalination Comment: Concerns for waste disposal and treatment costs associated with desalination efforts were mentioned. Comment: Continued concern was raised regarding the potential for the Red River Project to transfer organisms between the Missouri River basin and the Red River basin as well as the ecological and economic consequences of transferring unwanted organisms. Questions were raised as to whether technology exists to prevent biota transfer to the satisfaction of Canada and Minnesota. Response: Waste disposal and water treatment costs will be addressed during the development of alternatives as part of the Needs and Options Report. Effects of waste disposal on water quality will be addressed in the EIS. Environmental Consequences of Alternatives Biota Transfer Response: Reclamation has contracted with USGS Columbia Environmental Research Center to conduct a biota transfer risk and consequence assessment for the Red River Project. Risks and consequences (ecological and economic) will be estimated for each alternative evaluated in the EIS, including No Action. USGS will evaluate the potential risks of a transfer of non-native biota and the uncertainty associated with the risk estimations. Water Quality Comment: Concerns were raised about potential fuel spills or other contamination issues associated with open canals. There was also a concern expressed for pretreatment requirements for pharmaceuticals. Commenters were also concerned about the water quality of water stored in ring dikes and the effect of the Devils Lake Outlet on the quality of water in the Sheyenne River. Response: These water quality issues will be addressed in the Needs and Options Report as part of engineering design and hydrology modeling. The GDCD has developed a Hazardous Materials Plan for the canals of the GDU principal supply works. Impacts to Transportation Comment: Comments from the North Dakota Department of Transportation said that, “the EIS should address impacts with regard to cost and flood frequency availability of the bridge crossings for options that provide for conveyance of the proposed water supply through current river channels. The cost participation of mitigating impacts to highways and bridges should also be addressed. Also, any wetland and cultural impacts must be addressed and mitigated…” Water quality issues associated with ring dikes will be addressed during engineering design and will be disclosed in the EIS. Water quality impacts to the Sheyenne and Red Rivers will be evaluated with and without a Devils 6 Response: The Needs and Options Report will address conveyance issues. Impacts including costs, wetlands, and cultural resources will be included in the EIS. Outside the Scope Comment: Questions were raised as to whether Canada, the City of Devils Lake, and Kidder and Logan counties could be added to the project study area. Cumulative effects Comment: Concerns were again raised in regard to Missouri River depletions and irrigation impacts. Response: Delivery of water to Canada is outside the scope of this EIS. Communities considered, including Minnesota cities, were originally identified in the Phase I and II studies for inclusion in a water supply project to the Red River Valley. Although Reclamation's initial interpretation of DWRA limited the project to the Red River Valley in North Dakota, comments received during public scoping meetings requested inclusion of Minnesota cities. Including Minnesota cities falls within guidelines established by Council on Environmental Quality for responding to public scoping comments and expanding the scope of an EIS. However, no comments were received during scoping requesting consideration of water from Canada and in fact Canada has expressed opposition to this project. Response: Cumulative effects to Missouri River depletion will be evaluated and addressed in the EIS. Direct, indirect, and cumulative effects on the Missouri River will be evaluated for each alternative. The analysis will include ecological impacts, including Federal and State listed species, as well as impacts to navigation, recreation, and water supply. The cumulative effects analysis will include existing and reasonably foreseeable future withdrawals from the Missouri River. Both positive and negative effects to irrigation by each of the alternatives will be evaluated in the EIS. Inclusion of Canada, City of Devils Lake, Kidder County, Logan County Riverine and Riparian Comment: North Dakota Game and Fish stated that “one of our interests during the review is to optimize the opportunity to establish and maintain minimum instream flows through Red River Valley’s rivers and tributaries. By establishing in-stream flows we maintain numerous values of streams.” Kidder and Logan counties and the City of Devils Lake are outside of the Red River Valley and the service area of this project which includes the 13 eastern counties in North Dakota and East Grand Forks, Moorhead, and Breckenridge in Minnesota. Response: The EIS will evaluate impacts to aquatic species based upon information collected as part of the aquatic needs assessment. Devils Lake Outlet water treatment Comment: A recommendation was made that flows from the Devils Lake outlet should be treated before being 7 released into the Sheyenne and Red Rivers. Environmental Policy Act, the Council on Environmental Quality states: o “To include all proposals ever considered as other actions would most likely overestimate the future effects of cumulative effects on the resources, ecosystems, and human communities; therefore, the analyst should develop guidelines on what constitutes “reasonably foreseeable future actions” based on the planning process within each agency.” Response: This is outside the scope of this project. Inclusion of Devils Lake Inlet Comment: A comment was made by the National Wildlife Federation that completion of the GDU principal supply works would lead to construction of an inlet to Devils Lake and that cumulative impacts of a Devils Lake Inlet must therefore be evaluated. Evidence to support this claim was cited as: o “…the State of North Dakota and the North Dakota Congressional Delegation consider the current proposal to construct an outlet as simply the first step in the State’s plan to ‘stabilize’ Devils Lake with an inlet to deliver Missouri River water to the lake when the level is low and an outlet to the Sheyenne river to discharge water when the level is high.” o statements by Senators Dorgan and Conrad that an inlet could be reconsidered in the future o the 1955 North Dakota statute that established the GDCD, which included as a purpose “To replenish the waters, and to restore the level of Devils Lake, Stump Lake, and Turtle Lake.” o a map prepared by the North Dakota State Water Commission and published in a 2003 edition of North Dakota Water that shows a proposed Devils Lake inlet/outlet. Reclamation and the Corps of Engineers are statutorily prohibited from constructing an inlet. Furthermore, previously constructed or proposed GDU facilities may not be used to transfer Missouri River water to Devils Lake, so North Dakota could not construct an inlet that conveyed water through GDU facilities. While the repeal of these statutory prohibitions is possible, to assume such an action by Congress would be speculative. A non-federal inlet that conveys Missouri River water to Devils Lake without using the GDU principal supply works has not been proposed. Since no federal, state, or private entity has a viable plan for an inlet to Devils Lake, we have concluded that it is not a reasonably foreseeable future action, and therefore will not be evaluated in the EIS. FUTURE PUBLIC INVOLVEMENT Information on progress on this EIS is posted on our website at www.rrvwsp.com. Newsletters are mailed periodically free of charge to subscribers who register online or by Response: In Considering Cumulative Effects under the National 8 contacting either the Bureau of Reclamation at (701) 250-4242, extension 3619 or Garrison Diversion Conservancy District at (701) 652-3194. Public comments will solicited during the review period for the Draft Environmental Impact Statement. The draft is scheduled for release in December 2005. 9 APPENDIX A RED RIVER VALLEY WATER SUPPLY PROJECT EIS PUBLIC MEETING COMMENTS 10