Some state legislators are raising questions about the FM Diversion Authority’s plan to begin constructing ring dikes around Oxbow, Hickson and Bakke.
The issue came up during a meeting of the interim Water Topics Overview Committee.
"I believe that Fargo needs to concentrate on flood protection for its metro area, not the three villages south of Fargo," said State Sen. Larry Luick (R-Fairmount). "They are separate communities."
But Diversion Authority chairman Darrell Vanyo says this gives residents of those communities protection in those bigger flood events – where the diversion will be needed.
"With a project like the diversion, you are going to run into negative impacts," said Vanyo. "They need to be mitigated. And people have a right to have some stability in their lives, and move forward."
Other lawmakers say under the water projects bill passed in the 2013 Legislature, the Authority can't spend any state money on the project until Congress starts appropriating money for it.
"If this is a part of the diversion project, and the flood protection project, you can't go ahead and utilize that money until it's appropriated," said Rep. Curt Kroen (R-Grand Forks).
Cass County Administrator Keith Berndt told the Committee the Authority has an agreement with the Corps of Engineers to do some advance construction on parts of the project.
"We did have the okay from the federal government to proceed with the Oxbow levy," said Berndt. "That's with the idea that, if they're not paying for it right now, the costs are being credited toward the federal portion of the project."
"Do you have that in writing?" asked Kroen.
"Yes, we do," replied Berndt.
The committee chairman – Sen. Tony Grindberg – told the Committee Berndt’s interpretation of the bill passed by the 2013 Legislature was correct.