NCGA
Pleased With Missouri River Court Ruling (6-6-03)
The National Corn Growers Association (NCGA) is pleased with the
ruling Tuesday by the 8th U.S. Circuit Court of Appeals that navigation
and flood control on the Missouri River takes precedence over recreation
and other interests.
NCGA has been
at the forefront of the debate for more than a year, said Production
and
Stewardship Action Team member Greg Guenther. “NCGA
has always maintained that navigational needs should take priority
on the Missouri River even as it recognized the importance of the
other uses of the river,” said the Belleville, Ill., grower. “This
ruling affirms the true intention of the Flood Control Act, which
is to avoid flooding and sustain downstream navigation.”
The 1944 Flood
Control Act, which states that reservoirs for fishing, recreation
and wildlife
will be operated “insofar as possible
without serious interference with foregoing functions,” was
noted in the court’s decision.
The court also recognized as a rule the Master Manual, which provides
guidance for operation of the river. The manual establishes flood
control, navigation, irrigation, water supply and quality requirements
as priority over recreation and fishing.
“The court’s affirmation of the manual should thwart
future Missouri River litigation by states like we’ve seen
this past year,” continued Guenther.
Tuesday’s
ruling stems from a 2002 suit filed by the State of South Dakota
against
the Army Corps of Engineers (Corps) over
maintaining reservoir levels for its rainbow smelt spawn. State officials
argued lower reservoir levels would negatively affect walleye, a
popular sport fish that feed on rainbow smelt.
The South Dakota suit soon skyrocketed into litigation against the
Corps by North Dakota, Montana and Nebraska with Missouri and stakeholder
groups intervening at the appellate level to protect their interests.
Conflicting federal rulings on the suits ended in appeal in the Eighth
Circuit.
“The outcome of the decision was very important to growers
because it sets precedence for future river navigational issues,” concluded
Guenther. “River navigation provides thousands of jobs, increases
the competitiveness of U.S. farmers in the world market, and saves
the environment millions of dollars in air pollution abatements.
It also significantly reduces truck traffic and provides rate competition
to railroads for shipments in and out of the river basin area."