Governor Dennis Daugaard, U.S. Senators Tim Johnson and John Thune, and Congresswoman Kristi Noem have joined Governors and Members of Congress from upstream states in opposing increased Missouri River releases.

The letter, which was sent to President Barack Obama and Assistant Secretary of the Army Jo-Ellen Darcy, states that ”Clearly, unlawful releases of additional water from Missouri River reservoirs will only exacerbate the drought-related losses already experienced by the communities, tribes, and industries that rely on water from the Missouri River.”  A copy of the letter is attached.

Downstream interests have been asking the President and Corps to increase releases from Ft. Peck, Garrison, and Oahe reservoirs on the Missouri River to increase water levels in the Mississippi River to aid navigation.  Flows in the Mississippi are at historic lows due to drought conditions in the basin. 

However, the U.S. Army Corps of Engineers does not have legal authority to release Missouri River reservoir water specifically to aid Mississippi River navigation. 

The Government Accountability Office has previously ruled the Corps is not authorized by the Flood Control Act of 1944 to operate reservoirs on the Missouri River for the primary benefit of navigation on the Mississippi River.  In addition, the President has the authority under the Stafford Act to grant emergency declarations to save lives and property, but it does not grant the President the authority to make an emergency declaration for economic assistance. 

The Corps controls flows from the Missouri River reservoirs by following the Master Manual, which was revised in 2004.  Under the Master Manual, the Corps is in the process of reducing flows from the reservoirs due to the drought in the Missouri River basin. 

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