[Senate Hearing 110-725]
[From the U.S. Government Publishing Office]
S. Hrg. 110-725
RISING WATER LEVEL OF THE DEVILS LAKE BASIN IN NORTH DAKOTA
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HEARING
before a
SUBCOMMITTEE OF THE
COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
__________
SPECIAL HEARING
MARCH 25, 2008--DEVILS LAKE, ND
__________
Printed for the use of the Committee on Appropriations
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__________
COMMITTEE ON APPROPRIATIONS
ROBERT C. BYRD, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii THAD COCHRAN, Mississippi
PATRICK J. LEAHY, Vermont TED STEVENS, Alaska
TOM HARKIN, Iowa ARLEN SPECTER, Pennsylvania
BARBARA A. MIKULSKI, Maryland PETE V. DOMENICI, New Mexico
HERB KOHL, Wisconsin CHRISTOPHER S. BOND, Missouri
PATTY MURRAY, Washington MITCH McCONNELL, Kentucky
BYRON L. DORGAN, North Dakota RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California JUDD GREGG, New Hampshire
RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah
TIM JOHNSON, South Dakota LARRY CRAIG, Idaho
MARY L. LANDRIEU, Louisiana KAY BAILEY HUTCHISON, Texas
JACK REED, Rhode Island SAM BROWNBACK, Kansas
FRANK R. LAUTENBERG, New Jersey WAYNE ALLARD, Colorado
BEN NELSON, Nebraska LAMAR ALEXANDER, Tennessee
Charles Kieffer, Staff Director
Bruce Evans, Minority Staff Director
------
Subcommittee on Energy and Water Development
BYRON L. DORGAN, North Dakota, Chairman
ROBERT C. BYRD, West Virginia PETE V. DOMENICI, New Mexico
PATTY MURRAY, Washington THAD COCHRAN, Mississippi
DIANNE FEINSTEIN, California MITCH McCONNELL, Kentucky
TIM JOHNSON, South Dakota ROBERT F. BENNETT, Utah
MARY L. LANDRIEU, Louisiana LARRY CRAIG, Idaho
DANIEL K. INOUYE, Hawaii CHRISTOPHER S. BOND, Missouri
JACK REED, Rhode Island KAY BAILEY HUTCHISON, Texas
FRANK R. LAUTENBERG, New Jersey WAYNE ALLARD, Colorado
Professional Staff
Doug Clapp
Roger Cockrell
Franz Wuerfmannsdobler
Scott O'Malia (Minority)
Brad Fuller (Minority)
Administrative Support
Michael Bain
C O N T E N T S
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Page
Opening Statement of Senator Byron L. Dorgan..................... 1
Devils Lake...................................................... 2
Devils Lake Flooding............................................. 3
Statement of Representative Earl Pomeroy......................... 3
Statement of Brigadier General Michael J. Walsh, Commander,
Mississippi Valley Division, Army Corps of Engineers........... 5
Plan for Levees.................................................. 6
Prepared Statement of Brigadier General Michael J. Walsh......... 7
Statement of Myra Pearson, Chairwoman, Spirit Lake Nation........ 8
Disaster Response................................................ 8
Prepared Statement of Myra Pearson............................... 9
Spirit Lake Tribe................................................ 9
Statement of Ronny J. Hartl, Assistant Division Administrator,
Federal Highway Administration, Department of Transportation... 10
Prepared Statement........................................... 11
Background on Federal-aid Funding for Devils Lake................ 12
Implications of Continued Rising Water in the Basin on Federal-
aid Eligible Routes............................................ 12
Use of Federal-aid Highways for Flood Control in the Devils Lake
Basin.......................................................... 12
Statement of Aldo ``Skip'' Vecchia, Statistician, U.S. Geological
Survey, Department of the Interior............................. 15
Flood of 1993.................................................... 17
Prepared Statement of Aldo ``Skip'' Vecchia...................... 19
Cause for Recent Flooding........................................ 20
Past and Probable Future Climatic Conditions in the Devils Lake
Basin.......................................................... 21
Future Flood Risk for Devils Lake................................ 23
Statement of Dale L. Frink, State Engineer, North Dakota State
Water Commission............................................... 25
Devils Lake Outlook.............................................. 26
Prepared Statement of Dale L. Frink.............................. 27
Statement of Lonnie Hoffer, Disaster Recovery Chief, North Dakota
Department of Emergency Services............................... 28
Prepared Statement of Greg Wilz, Director, Division of Homeland
Security, North Dakota Department of Emergency Services........ 29
Statement of Joe Belford, Commissioner, Ramsey County............ 30
Negative Effects of Flooding..................................... 31
Economic Impacts of Flooding..................................... 32
Prepared Statement of Joe Belford................................ 33
Statement of Fred Bott, Mayor, Devils Lake....................... 35
Devils Lake Community............................................ 35
Emergency Water Project.......................................... 36
Levee System..................................................... 36
Prepared Statement of Fred Bott.................................. 37
City's Regional Importance....................................... 37
Drinking Water Supply Project.................................... 37
Levee Project.................................................... 38
Joint Water Resources Board...................................... 38
Prepared Statement of Michael Connor, Devils Lake Basin Joint
Water Resource Board........................................... 39
Devils Lake Upper Basin Water Utilization Project................ 39
Letter From Odell Flaagan........................................ 42
Prepared Statement of Richard Betting, Secretary, People to Save
the Sheyenne................................................... 42
Levee Design..................................................... 44
Flood Insurance.................................................. 45
Roads............................................................ 46
Climate Change Impacts........................................... 46
Flood Mitigation................................................. 47
Outlet........................................................... 48
Water Quality.................................................... 48
Infrastructure................................................... 48
Local Leadership................................................. 50
Cost Estimates................................................... 51
Impacts on Farmland.............................................. 52
Conclusions...................................................... 52
Groundwater...................................................... 53
Impacts on Investment............................................ 53
Stump Lake....................................................... 54
Chronic Flooding................................................. 55
RISING WATER LEVEL OF THE DEVILS LAKE BASIN IN NORTH DAKOTA
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TUESDAY, MARCH 25, 2008
U.S. Senate,
Subcommittee on Energy and Water Development,
Committee on Appropriations,
Devils Lake, ND.
The subcommittee met at 10:30 a.m., in the Memorial
Building Auditorium, 520 4th Avenue, NE in Devils Lake, ND,
Hon. Byron L. Dorgan (chairman) presiding.
Present: Senator Dorgan.
Also present: Representative Pomeroy.
opening statement of senator byron l. dorgan
Senator Dorgan. Good morning. The hearing will come to
order, this morning.
I'm Senator Byron Dorgan, and I'm chairman of the
Subcommittee on Energy and Water of the U.S. Senate
Appropriations Committee. This is a formal hearing of that
subcommittee, convened here in Devils Lake, North Dakota.
I am joined by my colleague Congressman Pomeroy, who is in
the State this week, as well, as the House and the U.S. Senate
are not in session this week. When I learned that he was going
to be in this region, I wanted him to participate, as a
courtesy, as a part of our Senate subcommittee.
You should read nothing into this. Congressman Pomeroy is
still a Member of the U.S. House. But, he is a tireless
advocate, along with Senator Conrad, on these water issues, and
I'm pleased to have him with us today.
This hearing will take testimony on the continued flooding
challenges and issues here in the Devils Lake Basin. It will
consist of two panels.
The first panel will consist of Brigadier General Michael
Walsh, Commander of the Mississippi Valley Division of the Army
Corps of Engineers; Myra Pearson, chairwoman of the Spirit Lake
Nation; Ron Hartl, Assistant Division Administrator of the
Federal Highway Administration; and Aldo ``Skip'' Vecchia, the
Statistician of the U.S. Geological Survey.
The second panel will consist of Dale Frink, the State
engineer of the North Dakota State Water Commission; Mr. Lonnie
Hoffer, who is substituting for Greg Wilz, from the North
Dakota Department of Emergency Services; Mr. Joe Belford,
commissioner of Ramsey County; and Fred Bott, the mayor of
Devils Lake.
I convened this hearing because I think it's important for
us to start thinking about what needs to be done to protect
people's homes, the infrastructure, the community, the region--
and our State, for that matter--if the water levels of Devils
Lake continue to rise. We need a strategy in place to deal with
these fluctuating water levels. This hearing will gather
information that is critical to making sure the right plan is
in place and making sure that the revenue needs that are
necessary through appropriations, and that I can accomplish in
my role as chairman of this appropriations subcommittee, can be
made.
DEVILS LAKE
Devils Lake is currently at 1,447 feet. In the past, Devils
Lake could drain into Stump Lake, helping stave off flooding;
but, now Stump Lake has equalized with Devils Lake. Stump Lake
has risen 15 feet in the last 2 years, and Stump Lake is now
full. Devils Lake has been at 1,447 to 1,449 in the last couple
of years; but, even at--maintaining at that level, the water
has moved into Stump Lake, filling Stump Lake. So, there is
nowhere, at this point, for water to continue to move.
We are all thankful for the work that the Army Corps of
Engineers has taken to protect this community and this region.
We have secured about $45 million to construct six pump
stations, and 7.7 miles of levee, up to an elevation of 1,460.
Additionally, $5 million was provided in last year's emergency
supplemental appropriations for the Corps to begin the planning
process for the next steps, and they'll begin holding some
meetings in the region very soon.
It's estimated that it takes up to 5 years to identify
alternatives, determine alignments, complete environmental
reviews, acquire real estate, design, and construct, all of
those issues. It's very important for us to be well in front of
this.
Let me say that Skip, from the U.S. Geological Survey, is
going to testify today. I read Skip's testimony, and the U.S.
Geological Survey is the agency we rely on to evaluate what
might happen in the future. They're saying there's a 7-percent
chance that the wet cycle that we are currently in will
continue for another 10 years; that's nearly a 40 percent
chance it could continue for the next 30 years. If these wet
cycles continue--if we're in a continued wet cycle for a decade
or 3 decades and water continues to move from this basin down
to the Devils Lake region, down to the Devils Lake itself, and
there's no place to move over to Stump Lake, what becomes of
that water? How high does it go? What's necessary to protect
this city and this region? What if the water goes over 1,458 or
1,459 and spills naturally over into the divide? It would
meander through 600 miles of river throughout North Dakota and
past 40 percent of North Dakota's population. Dissolved-solids
and bad-quality water would be provided to 40 percent of North
Dakota's population. You see the problem here.
This is a closed basin. I believe there are only two: the
Great Salt Lake and Devils Lake. And here, we have chronic
flooding, with no inlet and no functional outlet. Mr. Frink
will probably mention that we have a State outlet, but it has
not been able to be used.
DEVILS LAKE FLOODING
In any event, we have all of these issues that now need to
be addressed even more aggressively. Because the water level
has been largely fairly stable, between 1,447 and 1,449, I
think that there's been some notion of, ``Well, things are
okay.'' The reason the water level has been stable is because
that water has moved over to fill Stump Lake. Without Stump
Lake, Devils Lake would be higher. And without Stump Lake in
the future--and it doesn't exist in the future, because it's
full--the question is, what happens here? What if this wet
cycle continues for one or two or three decades?
The issues are serious. The issues are compelling. It
requires us to be well ahead of the curve, and to be planning
and thinking and trying to evaluate what we do about all this.
What do we do? Much of it will require money and resources.
This subcommittee has an allocation, generally, of about $31
billion. When we mark up the subcommittee mark, trying to
determine how we spend money, the question is, what's going to
be required in this region in order to protect people and
property, and in order to respond to this issue of chronic lake
flooding?
That's the reason we are here today. We will take
testimony. I do want to say that each witness will receive 5
minutes for their testimony. I apologize for the brevity, but
we have eight witnesses, and we have to complete this hearing
in 2 hours. But, 5 minutes is a pretty good time, and then
we'll have an opportunity for questions and answers.
I do want to point out that we are visited today by a
ninth-grade social studies and civics class from the Devils
Lake High School. Mr. Mike McNeff is the instructor, and this
hearing will give them a sense of what a committee hearing
might be like.
We are also joined by the Devils Lake Middle School eighth
grade social studies class. Mr. Joe Kalash and Mr. Tyler are
the instructors, and Bob Gibson is the middle-school principal.
We welcome all of them, as well.
Let me call on my colleague Congressman Pomeroy.
STATEMENT OF REPRESENTATIVE EARL POMEROY
Mr. Pomeroy. Thank you, Mr. Chairman.
Well, during the 16 years I've represented North Dakota in
Congress, we've had an ever greater volume of water into the
Devils Lake. It's not just the lake level that's risen. Senator
Dorgan's position in the Senate has risen to where, now, as
Senate Energy and Water Appropriations Subcommittee Chairman,
we couldn't have a better-placed official with such deep
personal knowledge as Byron when it comes to evaluating and
responding in the future.
During my first year in the Congress in 1993, began such
rapid expansion, I remember thinking, ``Man, this is one they
really don't teach you about in the political textbooks, how
you deal with something like a closed-basin lake that continues
to grow.'' Well, we've learned, over the years, you monitor
very carefully, you plan for all scenarios, and then you
execute, based upon planning for, if not worst-case scenario,
near-worst-case scenario. Clearly, we have found, just hoping
things work out all right is not the way to deal with this
problem of a closed-basin while you're continuing to rise in
the middle of a wet cycle. So, I think that the panel and
information that we'll gather this morning is going to be
extremely important, in terms of continuing this course of
action.
I also think we've learned that you deal with things on a
multi-agency cross-jurisdictional basis. The participants today
remind me very much of the original members of the task force
that was assembled during the Clinton administration to deal
with Devils Lake in the 1990s. This lake problem hasn't gone
away. The agencies continue to be involved. We're very grateful
for that. We appreciate the fact that this hearing once again
brings us all together so that we might learn from one another
as we develop the scenario planning, going forward.
I also want to just commend some of the local leadership
that you'll have a chance to hear from in the second panel.
Mayor Fred Bott and Joe Belford, in particular, have been
steadfast and nonstop, in terms of trying to shepherd the
myriad of local issues that this situation has presented. They
continue, even under difficult situations today, and we deeply
appreciate their participation at this hearing.
And, Senator Dorgan, I--you know, usually you get a--you
have House Members aspiring to participate in the Senate
hearings, but it's of a different character; they want to stay
there full-time. I'm quite happy just to come over and
participate today. Senator Conrad has nothing to worry about.
And I'll be happy joining my colleagues back in the House,
going forward. But it is something that obviously involves both
chambers. Thank you for allowing House participation in today's
hearing.
Senator Dorgan. Congressman Pomeroy, thank you very much.
We appreciate it.
General Walsh, you're going to be the lead-off witness.
Yesterday, I was asked about the Army Corps of Engineers. I
said that it has been the most frustrating thing in the entire
world, to deal with the Army Corps of Engineers with respect to
this mismanagement of the Missouri River. It's almost
disgraceful, in my judgment. But, I said, on the other hand, to
watch the Corps fight floods is inspiring. I've walked banks
with the Corps. I know Congressman Pomeroy has, as well. And
the flood-fighting capabilities of the Corps of Engineers are
extraordinary. The Corps of Engineers has worked a lot in this
region on the flood fight, and I admire the work that the Corps
does.
You recently assumed command of the Mississippi Valley
Division, you're not responsible for the management of the
Missouri River, but if you see somebody that is, would you tell
them how displeased I continue to be?
But, in assuming command, General Walsh, of the Mississippi
Valley Division, you're involved in these issues in a very
significant way, and we appreciate your being here today to
discuss Devils Lake issues with us. We wish you well in your
new assignment, and my expectation is that you will be
acquainted with many of us during your assignment, for as you
know from the opening statements, we have very significant
issues.
So, General Walsh, thank you for coming to Devils Lake to
testify before our hearing.
Let me say, to all of the witnesses, the formal statements
will be made a part of the permanent record, and we would
encourage all witnesses to summarize.
General Walsh, you may begin.
STATEMENT OF BRIGADIER GENERAL MICHAEL J. WALSH,
COMMANDER, MISSISSIPPI VALLEY DIVISION,
ARMY CORPS OF ENGINEERS
General Walsh. Yes, good morning, chairman and Mr. Pomeroy.
I did just take command of the Mississippi Valley Division,
on February 20; but, prior to that, I was also the commander of
the Gulf Region Division, and part of that command was the
great folks from the North Dakota National Guard. Colonel Dale
Adams was my deputy commander, and we had 60 or 70 folks from
the North Dakota Engineer Brigade assigned to my command, and I
can tell you how proud I was to lead that bunch of men and
women. They did a wonderful job in Iraq.
Also, while I'm new to the Mississippi Valley Division, I'm
not new to the Devils Lake issues. Prior to this, I was in
command of a unit out in California, and I remember the first
conversations that the Assistant Secretary of the Army for
Civil Works, Dr. Westfold, had in my office. He rushed past me,
grabbed the phone, and was talking to a number of folks on
Devils Lake, so I went to the map and went to find it. And that
was in 2000.
In 2001-2002, I was the Chief of Staff for the Director of
Civil Works, and obviously worked very closely with him and the
division commander at that time on Devils Lake. And then
General Flowers selected me to be the Chief of Staff for the
Corps of Engineers, and I worked very closely with Chief
Flowers on what he was doing here at Devils Lake. But, to be
frank, the first time I've seen it and had my feet on the
ground was last night and this morning. So, I've had my feet on
the ground, and have been working the issues, at least from the
Washington level, for a number of years.
And certainly, for the past 3 years, during the early
summers, Devils Lake has reached an elevation of 1,449 before
leveling off during late summer and early fall, as flows made
their way to Stump Lake, as you mentioned. Devils Lake is now
equalized with Stump Lake, eliminating the available storage
for large flood events.
Currently, as you mentioned, both lakes are approximately
1,447 feet, and Public Law 110-28 of the Corps of Engineers, as
you mentioned, was allocated $5 million to analyze the next
courses of actions, if the lake continues to rise.
Currently, we have public meetings that are going to be
scheduled in the early part of April to introduce the next
effort in the flood risk management project, and to seek public
input. The Corps will continue to update the public and seek
input on alternatives as we develop the projects, and move
forward.
Part of the plan is to identify trigger points when action
would be required. Some initial estimates suggest that the
levee raise to protect against the ultimate lake elevation
could be a cost of as high as $100 million. These are, of
course, a very rough number, for planning purposes only.
We understand that the community is very concerned about
being able to afford the local share of such a potentially
large project, and may have to explore other alternatives for
funding. We'll continue to work with the city to develop the
most cost-effective and safe alternatives.
PLAN FOR LEVEES
The $5 million will provide for the development of a plan
and design for the city of Devils Lake's levees. It will also
allow the Corps to work with other local interests to identify
a plan of action for other communities around the lake. Outside
the city of Devils Lake, the primary areas are--have been
concerned with--is the Minnewaukan, Spirit Lake Nations, and
Nelson County.
We're continuing to work with the city on their new water
supply system. The Consolidated Appropriations Act of 2008
authorized an addition of North Dakota to the Ohio Environment
Infrastructure Section 594 Program, and appropriated $5.9
million for this program. The first project will be with the
city of Devils Lake, to complete the development of a well
field and construct a new water treatment facility. The city
has already constructed 32 miles of the new water supply lines,
and plans to complete contract awards for the well field and
work not later than June 1, 2008. And the Corps is currently
working to sign a partner agreement with the city of Devils
Lake for this work.
The current water system was constructed in 1961, and now 6
miles of that transmission line and 10 valves are under the
flooded areas of Devils Lake. Some areas are under 40 feet of
water, making access to maintenance and repair virtually
impossible. Over 7,000 people live in Devils Lake and rely on
this water supply system.
We're continuing to work on closing out the project that
raised the levees to their current height of 1,460. One element
of the project is providing FEMA with a reasonable assurance
that the embankments would safely contain the 1-percent flood
elevation, as determined by the USGS. This is part of the
process to keep the city out of the floodplain, outlined by
FEMA flood insurance maps. Currently, we're analyzing the
embankments based on actual data collected over the past 8 to
10 years, from gauges and piezometers installed in the
embankments.
The Federal Highways Administration is working with Spirit
Lake Nation and the North Dakota Department of Transportation
to design a permanent fix to the problems of the roads that are
acting as dams, that were not designed as dams, and we're
pleased to be part of that team, working closely with them on
the--providing dam safety design and expertise.
PREPARED STATEMENT
The citizens of this beautiful lake region have had many
challenges in the past decade; and, while we all hope for an
end to the flooding, the Corps of Engineers will continue to
work together in partnership with the State and local agencies
as long as our assistance is needed.
Again, thank you for allowing me to testify here today, Mr.
Chairman, and this concludes my testimony.
[The statement follows:]
Prepared Statement of Brigadier General Michael J. Walsh
Chairman Dorgan and members of the subcommittee, I am honored to
appear before you to report on what the Corps of Engineers is doing to
address the rising lake levels of Devils Lake. My testimony will
address the situation of Devils Lake and how the Corps of Engineers
proposes to continue to support the people of this lake region.
For the past 3 years during the early summer, Devils Lake has
reached an elevation of over 1,449 feet before leveling off during late
summer and early fall as flows made their way to Stump Lake. Devils
Lake has now equalized with Stump Lake, eliminating available storage
for large flood events. Currently, both lakes are at approximately
1,447 feet. In Public Law 110-28 (U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act), the
Corps was allocated $5 Million to analyze the next course of action if
the lake continues to rise. Currently, public meetings are being
scheduled for the early part of April to introduce this next effort in
the Flood Risk Management Project and seek public input. The Corps will
continue to update the public and seek feedback on alternatives as they
are developed and the project progresses. Part of the plan is to
identify trigger points when action would be required. Some initial
estimates suggest that a levee raise to protect against the ultimate
lake elevation could cost $100 million or more. This was a very rough
number for planning purposes only. We understand that the community is
very concerned about being able to afford the local share of such a
potentially large project and may have to explore other alternatives
for funding. We will continue to work with the city to develop the most
cost effective, safe alternative.
The funding will provide for the development of a plan and design
for the city of Devils Lake levees. It will also allow for the Corps to
work with local interests to identify a plan of action for other
communities around the lake. Outside the city of Devils Lake, the
primary areas of concern have been identified as Minnewaukan, Spirit
Lake Nation, and Nelson County.
We are continuing to work with the city on their new water supply
system. The Consolidated Appropriations Act, 2008 authorized the
addition of North Dakota to the Ohio Environmental Infrastructure
section 594 program and appropriated $5.9 million for the program. The
first project will be with the city of Devils Lake to complete the
development of the well field and construct a new water treatment
facility. The city has already constructed 32 miles of new water supply
line and plans to award contracts for the well field work not later
than June 1, 2008. The Corps is currently developing an agreement to
partner with the city of Devils Lake for this work.
The current system was constructed in 1961 and now 6 miles of
transmission line and 10 valves are under the flooded areas of Devils
Lake. Some areas are under 40 feet of water, making access for
maintenance or repair virtually impossible. Over 7,000 people live in
Devils Lake and rely upon this water supply system.
We are continuing to work on closing out the project that raised
the levees to their current height of 1,460 feet. One element of the
project is providing FEMA with reasonable assurance that the
embankments would safely contain the 1-percent flood elevation as
determined by the United States Geological Survey. This is part of the
process to keep the city out of the floodplain outlined on FEMA flood
insurance maps. Currently, we are analyzing the embankments based on
actual data collected over the past 8-10 years from gauges, or
piezometers, installed in the embankments.
The Federal Highway Administration is working with the Spirit Lake
Nation and North Dakota Department of Transportation to design a
permanent fix to the problem of roads that are acting as dams, but were
not designed as dams. We are pleased to be part of the team and to be
able to provide dam safety design and expertise.
The citizens of this beautiful lake region have had many challenges
in the past decade. And while we all hope for an end to the flooding,
the Corps of Engineers will continue to work together in our
partnership with State and local agencies as long as our assistance is
needed.
Again, thank you for allowing me to testify here today. Mr.
Chairman, this concludes my testimony. I would be happy to answer any
questions you may have.
Senator Dorgan. General Walsh, thank you very much, we
appreciate your testimony.
Next, we will hear from Myra Pearson, the chairperson of
the Spirit Lake Nation.
STATEMENT OF MYRA PEARSON, CHAIRWOMAN, SPIRIT LAKE
NATION
Ms. Pearson. Good morning. And I welcome you, Senator
Dorgan and Congressman Pomeroy, to the lake region area. And on
behalf of the Spirit Lake Nation, I welcome you.
I thank you for this opportunity to speak here this
morning. And, as you all know--most of you know--I was part of
this team, back in the late 1990s, when I held this same
position here for the Spirit Lake Nation, and it hasn't gone
away, and it's gotten a little worse. And I remember--I was
talking about that out here a few minutes ago, that I've seen
this lake--it makes me cry when I see defeat, the day the roads
would fall, and I know what it's like. It's an awful feeling.
And I cried, that day. But, I said, I've seen this lake defeat
us, and we need to abide by those laws of nature--to not only
our Federal, our State, and our tribal laws, we need to abide
by the laws of nature, and respect her in that way.
And I'd like to go into my testimony. But, as chairwoman
for the Spirit Lake Nation, the impact of flooding from the
Devils Lake has caused a tremendous strain to the economy,
programs, and people of Spirit Lake Reservation. Flooding has
caused or compounded financial deficits for many tribal
programs, including, but not limited to, housing, roads,
emergency management, fish and wildlife, environmental
protection, and tribal health. These programs are being forced
to divert precious financial resources to respond to issues
relating to flooding.
At present, one of the biggest issues threatening the
precious resources of the tribe is the flooding of Devils Lake.
Primary impacts of ongoing flooding include, but are not
limited to, reduction of usable tribal land base and
accessibility to tribal buildings and housing. Ongoing flooding
will further diminish portions of the tribe's usable land base,
thereby impacting local agriculture, property rights, and
income from land leases.
Land losses would be at least 745 acres of land on the
Spirit Lake Reservation, according to the environmental
assessment that was completed in November 2007 by the U.S.
Department of Transportation.
Additionally, accessibility to buildings such as the tribal
government offices, tribal courts, tribal housing units, at
least two recreational centers, and two childcare facilities
would be certain.
Negative health implications for tribal members: health
implications resulting from poor sewage systems, well seepage,
and basement seepage are all directly related to the ongoing
flooding. The tribe needs resources to clean up mold, replace
or improve sewage systems and wells, and to reduce negative
impacts on water-quality standards.
DISASTER RESPONSE
Inadequate disaster response in the event of a dam failure:
disaster response is a paramount concern relating to the lake
and the ``dams as roads'' projects. Additional flooding would
require the tribe to relocate tribal houses, provide emergency
shelter and timely evacuate community members. All of these
measures require planning and financial resources which the
tribe does not have.
Diminishment of natural resources and sacred sites: the
Tribal Fish and Wildlife Department has been stocking waters
with fish, and has reported concerns about the impact of
flooding on water quality.
Wildlife and other natural resources: these impacts
directly interfere with the treaty rights of our tribal
members, and also impact our local tourist economy in a very
significant way. Additionally, tribal burial grounds and other
sacred sites are likely to be negatively impacted by ongoing
flooding.
Safety risks for tribal members and travelers along
roadways: driving conditions and related road conditions are
problematic for many in North Dakota, but factor in the lake
and the serious safety hazard is the result. Lives are being
lost every year as a result of these hazardous conditions.
Additional resources for the installation of safety devices
are needed. Ongoing budgetary cuts for tribal road projects
have made it impossible for the tribe to adequately maintain
the existing road system.
Our road system is very poor. And this is a little beyond
my testimony, Senator. Our roads have taken lives every year
because of this water. And if you look back into the histories
of the Spirit Lake Nation, you'll know that's true--whether it
be native or non-native--but, that's how dangerous the roads
are. And, I think, today we need to do something, as far as
long-range planning.
And I want to thank you, again. And, in closing, additional
financial resources are needed so the tribe can continue
efforts on road projects that will minimize irreparable harm to
tribal resources and assets.
And I thank you for allowing me to speak here this morning.
[The statement follows:]
Prepared Statement of Myra Pearson
SPIRIT LAKE TRIBE
The impact of flooding from Devils Lake has caused a tremendous
strain to the economy, programs and people of the Spirit Lake
Reservation. Flooding has caused or compounded financial deficits for
many tribal programs including, but not limited to, housing, roads,
emergency management, fish and wildlife, environmental protection and
tribal health. These programs are being forced to divert precious
financial resources to respond to issues relating to flooding. At
present, one of the biggest issues threatening the precious resources
of the tribe is the flooding of Devils Lake. Primary impacts of ongoing
flooding include, but are not limited to:
Reduction of usable tribal land base and accessibility to tribal
buildings and housing
Ongoing flooding will further diminish portions of the tribe's
usable land base thereby impacting local agriculture, property rights
and income from land leases. Land losses would be at least 745 acres of
land on the Spirit Lake Reservation according to the Environmental
Assessment that was completed in November 2007 by the U.S. Department
of Transportation. Additionally accessibility to buildings such as the
tribal government offices, tribal court, tribal housing units, at least
two recreational centers and two childcare facilities would be certain.
Negative health implications for tribal members
Health implications resulting from poor sewage systems, well
seepage and basement seepage are all directly related to ongoing
flooding. The Tribe needs resources to clean up mold, replace or
improve sewage systems and wells and to reduce negative impacts on
water quality standards.
Inadequate disaster response in the event of a dam failure
Disaster response is a paramount concern relating to the lake and
the dams as roads projects. Additional flooding would require the tribe
to relocate tribal houses; provide emergency shelter; and timely
evacuate community members. All of these measures require planning and
financial resources, which the tribe does not have.
Diminishment of natural resources and sacred sites
The Tribal Fish and Wildlife Department has been stocking waters
with fish and has reported concerns about the impact of flooding on
water quality, wildlife and other natural resources. These impacts
directly interfere with the treaty rights of our tribal members and
also impact our local tourist economy in a very significant way.
Additionally, tribal burial grounds and other sacred sites are likely
to be negatively impacted by ongoing flooding.
Safety risks for tribal members and travelers along roadways
Driving conditions and related road conditions are problematic for
many in North Dakota but factor in the lake and a serious safety hazard
is the result. Lives are being lost every year as a result of these
hazardous conditions. Additional resources for the installation of
safety devices are needed. Ongoing budgetary cuts for tribal road
projects have made it impossible for the tribe to adequately maintain
the existing road system.
In closing, additional financial resources are needed so the tribe
can continue efforts on roads projects that will minimize irreparable
harm to tribal resources and assets.
Senator Dorgan. Thank you very much for your testimony.
Next, we will hear from Ron Hartl of the Federal Highway
Administration.
Mr. Hartl, you may proceed.
STATEMENT OF RONNY J. HARTL, ASSISTANT DIVISION
ADMINISTRATOR, FEDERAL HIGHWAY
ADMINISTRATION , DEPARTMENT OF
TRANSPORTATION
Mr. Hartl. Thank you. Thank you for the opportunity to
testify today on Federal Highway Administration's involvement
in transportation issues in the Devils Lake impact zone.
I was asked to address three topics: first, the FHWA
response to disasters in the Devils Lake Basin since 1995;
second, implications of rising water in Devils Lake Basin for
Federal-aid eligible routes; and, finally, the status of the
use of the Federal-aid highway funds for flood control.
Topic one: In 1994, major routes around the perimeter of
Devils Lake began to incur significant damage, and Federal
Highway provided an initial $19 million in emergency relief, or
ER, funding in response to damage that occurred in 1994 and
1995. From 1995 through 2004, Federal Highway has provided a
total of approximately $149 million in ER funds for State and
county routes in the Devils Lake Basin that were eventually
raised, for most highway grades, to approximately 1,455 feet
above sea level, and for the structures or bridges to 1,465.
Another $38 million in emergency relief funding specifically
for federally owned roads, sometimes referred to as ERFO
funding, were provided for several BIA routes within the Spirit
Lake Nation.
Topic two: Federal Highway works closely with numerous
Federal and State/local agencies, most of which are represented
here today, on the impacts of roads threatened by future lake
rising waters within the basin. Using the current lake
elevation--1,447--as a base, and using volumetric information
generated by the U.S. Geological Survey, we can determine that
the addition of approximately 800,000 acre-feet of water would
take the lake elevation to an elevation of about 1,452. Some
segments of one North Dakota DOT route, and a few nearby BIA
routes, are very near or just above that 1,452 elevation. These
routes will be threatened with overtopping if they are not
raised.
Also, with a 3-foot freeboard criteria FHWA has adopted
specifically for Devils Lake, many additional miles will likely
become eligible for grade raises. According to the North Dakota
DOT estimates, the cost to raise State segments with elevations
between 1,455 and 1,460 to an elevation of 1,465 is $250
million. The Devils Lake Basin could require, therefore, in a
very short span of time, more emergency relief funding than has
been invested over a 10-year period in the recent past. This
would represent a very challenging delivery of emergency relief
funding from a program authorized at $100 million annually for
all emergency relief efforts nationwide.
Topic three: Although roads in the Devils Lake area were
not constructed to serve as dams, since 1995 certain State and
BIA road segments have been functioning as dams, protecting
other roadways, land, homes--in two specific areas--from rising
waters. SAFETEA-LU provided FHWA with authority for protection
of roads in the Devils Lake area, including special ER funding,
not to exceed $10 million in expenditures per year.
Approximately $7 million of the authorized total cap of $70
million has been spent on phase one, stabilization, and phase
two, an environmental study and design phase. These funds were
supplemented with $4.8 million in regular FHWA ER funds. The
phase one project, the stabilization, was completed in November
2007. An environmental assessment, or EA, for phase two to
evaluate alternatives for more permanent measures, including
combinations of equalized roadways to act more permanently and
embankments separate from roadways, has been completed. The
public comment period closed this last January 28.
Preliminarily estimates for costs for more permanent solutions
are in excess of $280 million for protection from a still-water
lake level of 1,460.
PREPARED STATEMENT
FHWA is currently working with our partners to find a
practicable solution to this problem. We anticipate that the
permanent interim protective measures will be constructed in
stages, in response to future lake levels and funding. Current
funding provided by SAFETEA-LU, supplemented with other ER
funds, will allow design and construction to create permanent
impoundment structures up to an embankment elevation of 1,455,
protecting the interior to a lake elevation of approximately
1,452.
Senator Dorgan, this concludes my statement, and I thank
you, again, for the opportunity to testify. I'll be pleased to
answer any questions you may have.
[The statement follows:]
Prepared Statement of Ronny J. Hartl
Senator Dorgan, Ranking Member Domenici, and members of the
subcommittee, thank you for the opportunity to testify today on the
Federal Highway Administration's (FHWA) role in addressing
transportation issues on roads eligible for Federal aid within the
impact zone of Devils Lake, a closed basin with no outlet for
accumulated water other than evaporation.
I was asked to address three general topics: (1) to provide an
update on what FHWA has delivered in response to repeated disasters in
the Devils Lake Basin from 1995 to the present; (2) the implications of
continued rising water in the Devils Lake Basin for routes eligible for
Federal funds; and (3) the status of the use of Federal-aid Highway
funds for flood control in the Devils Lake area.
BACKGROUND ON FEDERAL-AID FUNDING FOR DEVILS LAKE
The current era of sequential damaging events affecting the Devils
Lake area began in 1993 or shortly thereafter, when Devils Lake was at
an elevation of about 1,422 feet above sea level. Due to a wet season
in 1993 and a deep snow blanket that accumulated in the winter of 1993-
1994, major routes around the perimeter of Devils Lake began to incur
significant damage early in the summer of 1994. Due to an unprecedented
rise in the level of Devils Lake during a relatively short period of
time, and the likely long-term loss of use of some major perimeter
routes, FHWA provided an initial $19 million in Federal-aid Highways
Emergency Relief (ER) funding to address the $23 million in damage that
occurred in 1994 and 1995. In total, from 1995 through 2004, FHWA has
provided approximately $149 million in ER funds for grade raises to
1,455 feet (1,465 feet on several structures) on numerous State and
county routes. Another $38 million in Emergency Relief for Federally
Owned Roads (ERFO) funding was provided for stabilization and grade
raises to 1,455 feet on several Bureau of Indian Affairs (BIA) routes
within the Spirit Lake Nation.
IMPLICATIONS OF CONTINUED RISING WATER IN THE BASIN ON FEDERAL-AID
ELIGIBLE ROUTES
FHWA works closely with the Spirit Lake Nation, North Dakota
Department of Transportation (NDDOT), BIA, and the United States Army
Corps of Engineers, and uses information from the United States
Geological Survey (USGS) and the National Weather Service, to monitor
near-term and potential longer-term impacts on roads threatened by
future rising water levels within the Basin. The current elevation of
Devils Lake is approximately 1,447 feet above sea level. Using that as
a base and using volumetric information generated by the USGS, we know
that the addition of approximately 800,000 acre-feet of water to Devils
Lake would take the lake to an elevation of 1,452 feet. While 800,000
acre-feet of water is a huge volume, one must consider that the average
yearly total inflow to Devils Lake over the period from 1993 to 2004
was 265,000 acre feet. This excludes evaporation losses which fluctuate
annually but in some years can have a substantial impact on the lake
rise. Of even more concern is a comparison of 800,000 acre-feet to the
Devils Lake inflow in 1997 which was 540,000 acre-feet.
The significance of the elevation 1,452 is that North Dakota (ND)
Route 20 in some locations and some BIA routes within Spirit Lake
Nation are very near or just above 1,452 feet. Thus, with an additional
800,000 acre-feet of water, these routes will be threatened with
overtopping if they are not raised. The second important fact about the
elevation 1,452 is that once this mark is passed, with the 3-foot
freeboard criteria FHWA has adopted specifically for Devils Lake, many
miles of several key routes that are currently at elevation 1,455 would
likely become eligible for grade raises. These routes include State
Routes ND 19, ND 20, ND 57 as well as U.S. 2 and U.S. 281 and BIA
routes 1, 2, 4, 5, 6, 9, 15, 16, and some additional county routes.
NDDOT has provided FHWA with estimates for routes under its
jurisdiction (19, 20, 57, 2 and 281) to reflect costs if construction
were to take place in 2009. The cost to raise segments with elevations
currently between 1,455 and 1,460 to an elevation of 1,465 is estimated
to be over $250 million. With the addition of 800,000 acre-feet, the
Devils Lake Basin could require, in a very short span of time, as much
ER funding as has been invested over a 10-year period in the past. This
would represent a very challenging delivery of ER funding from a
program authorized at $100 million annually for all emergency relief
efforts nationwide.
USE OF FEDERAL-AID HIGHWAYS FOR FLOOD CONTROL IN THE DEVILS LAKE BASIN
Although roads in the Devils Lake flood area were not constructed
to serve as dams, since 1995 certain State and BIA road segments have
been functioning as dams. These segments are protecting other roadways,
land, and homes in two specific areas from the rising water of Devils
Lake. One of these segments surrounds the St. Michael interior area on
the Spirit Lake Reservation and the other is near Camp Grafton, a
National Guard installation. The lake has risen 13 feet since 1995,
increasing the risk of road failure and hastening the need for a
solution.
The Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU) provided FHWA with authority for
protection of roads in the Devils Lake area, including special ER
funding not to exceed $10 million in expenditures per year specifically
for work not previously eligible for Federal-aid highway funding. To
date, approximately $7 million of the total of $70 million authorized
in special funding has been spent on the Phase 1 stabilization and
Phase 2 environmental study and design. These funds were supplemented
with $4.8 million in regular FHWA ER funds. Most of the funds were used
to design and construct the Phase 1 project, which was a $9.6 million
contract funded by FHWA and administered by the BIA and the Spirit Lake
Nation, to stabilize for the short-term some of the roads acting as
dams and embankments protecting roads. The project was completed in
November 2007.
With critical roadways temporarily stabilized, an Environmental
Assessment (see attached Figure for Project Area), developed by a team
led by the Central Federal Lands Highway Division of FHWA, evaluated
alternatives to address more permanent protective measures. The
Environmental Assessment for the Phase 2 project has been completed and
the public comment period closed January 28, 2008. FHWA is currently
working with the Spirit Lake Nation, BIA, and NDDOT to address concerns
regarding the proposed alternatives in an attempt to find a practicable
solution. Recently revised preliminary estimates for more permanent
solutions, including combinations of equalized roadways, roadways
acting as dams, and embankments separate from roads that impound water,
are in excess of $280 million for protection from the ultimate, still
water, lake level of 1,460 feet. These new estimates, bolstered to
reflect safety standards for long-term water retention to meet current
and higher lake elevations, are substantially higher than those
referenced for the last 5 to 6 years.
We anticipate that the permanent interim protective measures will
be constructed in stages in response to future Lake levels and funding.
Current funding provided by section 1937 of SAFETEA-LU (Public Law 109-
59; 119 Stat. 1144, 1510), and supplemented with FHWA ER funds, will
allow design and construction to create permanent impoundment
structures or otherwise relieve the danger of unplanned inundation up
to an embankment elevation of 1,455 feet, providing protection of the
roadway network up to a Lake elevation of approximately 1,452 feet.
CONCLUSION
Senator Dorgan, thank you again for this opportunity to testify. I
will be pleased to answer any questions you may have.
Senator Dorgan. Mr. Hartl, thank you very much for your
testimony.
Finally, on this panel, we will hear from Aldo ``Skip''--is
it ``Veshia?'' Am I pronouncing that----
Mr. Vecchia. ``Vecchia.''
Senator Dorgan. Aldo ``Skip'' Vecchia--I'm sorry for the
mispronunciation----
Mr. Vecchia. Oh, that's fine.
Senator Dorgan [continuing]. Who is with the U.S.
Geological Survey.
Mr. Vecchia, you may proceed.
STATEMENT OF ALDO ``SKIP'' VECCHIA, STATISTICIAN, U.S.
GEOLOGICAL SURVEY, DEPARTMENT OF THE
INTERIOR
Mr. Vecchia. Thank you.
Chairman Dorgan and Representative Pomeroy, thank you for
the opportunity to summarize some of my recent research on
flood risk analysis for Devils Lake.
This testimony is based on a USGS report which was prepared
in cooperation with FEMA. The report can be accessed online, or
a printed copy can be requested from me.
Since 1992, Devils Lake has risen more than 25 feet,
filling Stump Lake and reaching its highest level in more than
100 years. Devils Lake could continue to rise, causing
extensive additional flood damage in the basin and, in the
event of an uncontrolled natural spill, downstream in the Red
River of the North Basin.
Today, I will describe the cause of the recent flooding,
present some findings regarding probable future climatic
conditions in the Devils Lake Basin, and evaluate the
probability of continued lake-level rises in future years.
If I could refer you to this poster showing annual
precipitation--as shown in this figure, the Devils Lake Basin
is currently in a wet cycle that began in about 1980.
Precipitation averaged about 4 more inches per year during 1980
to 2006 than during 1950 to 1979, due to an increase in the
frequency of summer and fall rainstorms during the latter
period.
If I could refer you to this next poster, showing annual
inflows--as shown in this figure, the increased precipitation
resulted in a dramatic increase in inflows to Devils Lake
beginning in 1993.
There was a long lag between the onset of wetter conditions
and the more than sevenfold increase in inflow, because much of
the increase in precipitation during 1980 to 1993 went toward
filling soil moisture deficits, the upstream chain of lakes,
and the thousands of smaller lakes and wetlands in the upper
basin. Thus, little of the precipitation reached Devils Lake as
runoff.
FLOOD OF 1993
Then, following the summer flood of 1993, most of the lakes
and wetlands in the upper basin were full, and inflow to Devils
Lake increased dramatically. Because the Devils Lake Basin is
so large, a small amount of precipitation runoff corresponds to
a large volume of water reaching Devils Lake. The total inflow
to Devils Lake and Stump Lake during 1993 to 2006 was 3.7
million acre-feet, which, when spread out over the entire
basin, averaged only about 1.4 inches of runoff per year.
Inflow during that period exceeded net lake evaporation by 2.3
million acre-feet, causing the extensive flooding.
The recent wet period is not unusual, from a long-term
perspective. Geologic evidence suggests that wet periods
similar to the current one have occurred in the Devils Lake
Basin many times during the past 2,000 years. In fact, our
research indicates that climate in the basin in the distant
past and the near future may consist of two equilibrium states:
a dry state, similar to 1950 to 1979, and a wet state, similar
to 1980 to 2006. Transitions from wet to dry, or dry to wet,
occur abruptly, and precipitation during wet states is more
variable from year to year than during dry states.
The remaining length of the current wet period will have a
profound effect on future lake levels. When the basin returns
to normal or pre-1980 conditions, Devils Lake will probably
begin a long decline, lasting many decades. However, if wet
conditions continue, future inflows and lake levels will be
highly uncertain because of high inter-annual variability in
the amount, timing, and spacial distribution of future
rainfall. As an example, if I could refer you to this poster,
showing, just, some simulated traces of lake levels, potential
simulated traces for the future.
This figure shows several, out of an infinite number of
possible future, lake-level traces, assuming the wet period
lasts another 30 years. In this case, both lake-level increases
and decreases of 10 feet or more could easily occur in the
coming decades.
How much longer the current wet cycle will last is
completely random and unpredictable. However, our research
shows it is not likely the current wet conditions will end
anytime soon. For example, there is a 72-percent chance the wet
cycle will last at least another 10 years, and a 37-percent
chance it will last at least another 30 years.
To account for uncertainty in future climatic conditions,
we estimated probabilities of future lake-level increases using
a Devils Lake statistical simulation model. And if I could
refer you to this next poster--as shown in this figure, our
model indicates a relatively high risk of further lake-level
increases occurring in future years. For example, there is
about a 1 percent chance of exceeding 1,452 feet this year, a
10 percent chance of exceeding 1,452 feet by 2012, and a 20
percent chance of exceeding that level by 2016. Also, there is
a 1 percent chance of exceeding the existing spill elevation to
the Sheyenne River by 2013, and a 5 percent chance of exceeding
the spill elevation by 2034.
PREPARED STATEMENT
Thanks, once again, for the opportunity to testify. I'll be
happy to answer any questions you may have.
[The statement follows:]
Prepared Statement of Aldo ``Skip'' Vecchia
OPENING REMARKS
Thank you for the opportunity and privilege to summarize some of my
recent research on flood risk analysis for Devils Lake. This statement
is based on U.S. Geological Survey Scientific Investigations Report
2008-5011, ``Climate Simulation and Flood Risk Analysis for 2008-40 for
Devils Lake, North Dakota,'' which was authored by me and prepared in
cooperation with the Federal Emergency Management Agency. Detailed
scientific justification for this statement is provided in the report
and citations therein. The report can be accessed online (http://
pubs.usgs.gov/sir/2008/5011) or a printed copy can be requested by e-
mail ([email protected]).
INTRODUCTION
Since 1992, Devils Lake has risen more than 25 feet, filling Stump
Lake and reaching its highest level in more than 100 years (fig. 1).
Devils Lake and Stump Lake currently consist of one water body with an
elevation of 1,447.1 feet, about 3 feet below the existing base flood
elevation established by FEMA (1,450 feet) and about 12 feet below the
outlet elevation to the Sheyenne River (1,459 feet). Devils Lake could
continue to rise, causing extensive additional flood damages in the
basin and, in the event of an uncontrolled natural spill, downstream in
the Red River of the North Basin. The purpose of this testimony is to
describe the cause of the recent flooding, present some findings
regarding long-term climatic variability in the Devils Lake Basin, and
evaluate the probability of continued lake level rises in future years.
CAUSE FOR RECENT FLOODING
The Devils Lake Basin is currently in a wet cycle that began in
about 1980. Precipitation averaged about 4 more inches per year during
1980-2006 than during 1950-1979 (fig. 2). The increase occurred
primarily in July-December when there tended to be a much higher
frequency of summer and fall rainstorms during 1980-2006 than during
1950-1979. The increased precipitation resulted in a dramatic increase
in inflows to Devils Lake beginning in 1993 (fig. 3). The long lag
between the onset of wetter conditions in about 1980 and the more than
sevenfold increase in inflow during 1993-2006 can be attributed to the
unusual hydrologic conditions of the Devils Lake Basin. Much of the
increase in precipitation during 1980-1993 went toward filling soil
moisture deficits, the upstream chain of lakes, and the thousands of
smaller lakes and wetlands in the upper basin; thus little of the
precipitation reached Devils Lake as runoff. Following the summer flood
of 1993, most of the lakes and wetlands in the upper basin were full
and inflow to Devils Lake increased dramatically. Because the Devils
Lake Basin is so large (about 3,800 square miles), a small amount of
precipitation runoff corresponds to a large volume of water reaching
Devils Lake. Total inflow to Devils Lake and Stump Lake during 1993-
2006 was 3.7 million acre-feet, which when spread out over the entire
basin averaged only about 1.4 inches of runoff per year. Net lake
evaporation (evaporation from the lake minus precipitation that fell on
the lake) during 1993-2006 was only 1.4 million acre-feet. Therefore,
inflow exceeded net lake evaporation by 2.3 million acre-feet, causing
Devils Lake to rise more than 25 feet and fill Stump Lake.
past and probable future climatic conditions in the devils lake basin
The recent wet period is not unusual from a long-term perspective.
Climate reconstructions based on tree rings and lake sediments indicate
that wet periods similar to the current one occurred in the Devils Lake
Basin many times during the past 2,000 years. In fact, our research
indicates that climatic conditions in the Devils Lake Basin from the
past 5,000 years may have consisted of two equilibrium climate states:
a dry state similar to 1950-1979 and a wet state similar to 1980-2006.
Unless future rainfall patterns are altered significantly because of
climate change, the occurrence of any intermediate states, or more
extreme dry or wet states, is unlikely. Transitions from wet to dry or
dry to wet occur abruptly and precipitation during wet states is more
variable from year to year than during dry states.
We developed a simulation model, called a two-state climate
transition model, to simulate long-term precipitation in the Devils
Lake Basin and provide information for determining what precipitation
might be like in coming decades. These simulations do not take into
account significant departures from historical trends due to climate
change or other factors. Some of the simulated data are shown in fig.
4. There are 10 distinct wet periods and 10 distinct dry periods during
the 1,500-year simulation period. The average duration of the wet
periods is 30 years and the average duration of the dry periods is 120
years. However, the actual lengths of the individual periods are highly
variable--wet periods ranged from 3 to 80 years in duration and the dry
periods from 15 to 367 years in duration.
The remaining length of the current wet period will have a profound
effect on future lake levels. To illustrate this, we used a Devils Lake
statistical simulation model developed by the USGS to generate
potential future realizations, or traces, of lake levels for Devils
Lake, given existing conditions on October 1, 2007. Two sets of
simulation runs were generated by assuming a fixed duration for the wet
period of 2 more years for the first set and 30 more years for the
second set. Each trace was based on randomly generated possible future
precipitation, evaporation, and inflow data that were consistent with
the assumed duration of the wet period. The recorded annual maximum
lake levels for 1980-2007, along with examples of 5 future lake-level
traces for 2008-2040, are shown in figs. 5 and 6. The 5th and 95th
percentiles of the generated lake levels for each year, computed from
1,000 simulated traces, also are shown. For the simulations with the
wet period lasting 2 more years (fig. 5), simulated lake levels
generally decline after the wet period ends. For the simulations with
the wet period lasting 30 more years (fig. 6), the simulated lake
levels are highly variable and in 2040, most of the traces are between
about 1,434 and 1,456 feet. Thus, if wet conditions continue, both
lake-level increases and decreases of 10 feet or more could easily
occur in the coming decades.
FUTURE FLOOD RISK FOR DEVILS LAKE
It is impossible to predict exactly how much longer the current wet
conditions will last. However, we can use the climate transition model
to estimate the probability that wet conditions will continue for any
given length of time. The model indicates that it is not likely the
current wet cycle will end any time soon. For example, there is a 72-
percent chance the current wet cycle will last at least another 10
years, a 37-percent chance it will last at least another 30 years, and
a 14-percent chance it will last at least another 60 years.
Because it was impossible to predict exactly how long the current
wet cycle will continue, a total of 10,000 simulated traces were
generated from the statistical model as described previously, but for
each trace the duration for the current wet period was generated at
random using the climate transition model. Probabilities of future
lake-level increases for Devils Lake were computed using the set of
10,000 simulated traces (Table 1 and fig. 7). Each column in Table 1
shows the lake level that has a certain chance of being exceeded
sometime between now and a specified future year.
As indicated by Table 1, there is a relatively high risk of further
lake level increases occurring in future years. For example, there is a
1-percent chance that Devils Lake will exceed the existing spill
elevation to the Sheyenne River (1,459 feet) by 2013 and a 5 percent
chance Devils Lake will exceed the spill elevation by 2034. An
uncontrolled spill could have serious water quality and flooding
consequences downstream in the Sheyenne River and the Red River of the
North. There is a 10 percent chance of exceeding 1,454.1 feet (7 feet
above the current elevation) by 2016 and a 20 percent chance of
exceeding 1,454.1 feet by 2032. If that happens, the existing levee
protecting Devils Lake could be threatened and many roads and buildings
in the basin would be flooded.
Although there is a relatively high risk of future lake level
increases, the lake is by no means certain to rise more than a foot or
two above the historical record level of 1,449.2 feet set in 2006. For
example, judging by the last column of Table 1, there is about a 50-
percent chance the lake will not exceed 1,450 feet any time between
2008 and 2040.
TABLE 1.--CUMULATIVE FLOOD ELEVATIONS FOR DEVILS LAKE FOR 2008-2040
[Flood elevations are for calm conditions and open water]
----------------------------------------------------------------------------------------------------------------
Cumulative exceedance probability, in percent
Year ------------------------------------------------------
1 5 10 20 50
----------------------------------------------------------------------------------------------------------------
2008..................................................... 1,452.3 1,450.2 1,449.4 1,448.6 1,447.7
2009..................................................... 1,454.4 1,451.6 1,450.4 1,449.2 1,447.9
2010..................................................... 1,456.2 1,452.8 1,451.2 1,449.8 1,448.0
2011..................................................... 1,457.3 1,453.5 1,451.9 1,450.2 1,448.2
2012..................................................... 1,458.2 1,454.2 1,452.5 1,450.7 1,448.3
2013..................................................... 1,459.0 1,454.8 1,453.0 1,451.0 1,448.4
2014..................................................... 1,459.5 1,455.3 1,453.4 1,451.3 1,448.6
2015..................................................... 1,459.9 1,455.7 1,453.8 1,451.6 1,448.7
2016..................................................... 1,460.2 1,456.1 1,454.1 1,451.9 1,448.8
2017..................................................... 1,460.4 1,456.4 1,454.4 1,452.1 1,448.9
2018..................................................... 1,460.6 1,456.7 1,454.7 1,452.4 1,449.0
2019..................................................... 1,460.7 1,457.0 1,454.9 1,452.6 1,449.0
2020..................................................... 1,460.8 1,457.2 1,455.1 1,452.7 1,449.1
2021..................................................... 1,461.0 1,457.4 1,455.3 1,452.9 1,449.2
2022..................................................... 1,461.0 1,457.6 1,455.4 1,453.0 1,449.3
2023..................................................... 1,461.1 1,457.8 1,455.6 1,453.2 1,449.4
2024..................................................... 1,461.2 1,457.9 1,455.7 1,453.3 1,449.4
2025..................................................... 1,461.2 1,458.1 1,455.9 1,453.4 1,449.5
2026..................................................... 1,461.3 1,458.2 1,456.0 1,453.6 1,449.6
2027..................................................... 1,461.4 1,458.4 1,456.2 1,453.7 1,449.6
2028..................................................... 1,461.4 1,458.5 1,456.3 1,453.8 1,449.6
2029..................................................... 1,461.5 1,458.6 1,456.4 1,453.8 1,449.7
2030..................................................... 1,461.5 1,458.6 1,456.4 1,453.9 1,449.7
2031..................................................... 1,461.6 1,458.7 1,456.5 1,454.0 1,449.8
2032..................................................... 1,461.6 1,458.8 1,456.6 1,454.1 1,449.8
2033..................................................... 1,461.6 1,458.9 1,456.7 1,454.2 1,449.8
2034..................................................... 1,461.7 1,459.0 1,456.8 1,454.2 1,449.9
2035..................................................... 1,461.7 1,459.1 1,456.8 1,454.3 1,449.9
2036..................................................... 1,461.7 1,459.2 1,456.9 1,454.4 1,449.9
2037..................................................... 1,461.7 1,459.2 1,457.0 1,454.4 1,450.0
2038..................................................... 1,461.8 1,459.2 1,457.1 1,454.5 1,450.0
2039..................................................... 1,461.8 1,459.3 1,457.2 1,454.5 1,450.0
2040..................................................... 1,461.8 1,459.3 1,457.3 1,454.6 1,450.0
----------------------------------------------------------------------------------------------------------------
Senator Dorgan. Mr. Vecchia, thank you very much.
I was going to stop and ask questions of the first panel,
but what I'd like to do is put everything on the record and
then have an extended period of time for questions. And so, I'm
going to go to the second panel, get your testimony, and then
Congressman Pomeroy and I will be able to ask questions of both
panels.
Let me begin the second panel with Mr. Dale Frink, the
North Dakota State Water Commission.
Mr. Frink, thank you for being here. And, as I indicated to
the first panel, your entire statement will be a part of the
permanent record, and you may summarize.
STATEMENT OF DALE L. FRINK, STATE ENGINEER, NORTH
DAKOTA STATE WATER COMMISSION
Mr. Frink. Okay. Thank you, Senator Dorgan, Congressman
Pomeroy. It's nice to--always--get Roger up here in North
Dakota, but thank you for the opportunity and privilege to
summarize the impacts of the ongoing flooding around Devils
Lake and the State of North Dakota's response to the flooding.
When I say ``Devils Lake,'' I am including Stump Lake, as
well as the lakes to the north and to the west of the main body
of Devils Lake that have been inundated.
Since 1992, Devils Lake has risen over 25 feet and its
surface has increased by approximately 91,000 acres, from
49,000 to 140,000. We estimate that over $500 million has been
spent fighting the Devils Lake flood. The city of Churches
Ferry has been bought out by FEMA. Hundreds of our homes have
been destroyed. Roads, dikes have been raised, re-raised and
re-routed, and, in some cases, have been abandoned, and
utilities have been relocated. The counties of Benson, Nelson,
and Ramsey have lost thousands of acres of productive cropland,
as well as much of the property tax generated by that land.
Since May 1999, when Devils Lake began spilling into Stump
Lake, the level of Devils Lake has varied from between 1,446
and 1,449. Today, Devils Lake is at an elevation of
approximately 1,447; however, the volume has increased by over
460,000 acre-feet due to the filling of Stump Lake. This volume
increase clearly indicates that the wet cycle has not ended.
The State of North Dakota, along with the local entities,
the Spirit Lake Nation, and the Federal Government, has taken a
three-prong approach to responding to the flooding to Devils
Lake. Infrastructure has been protected, modified by raising
and re-raising roads, buildings, and dikes. Waterlines have
been relocated, and homes that have been flooded and are
purchased for flood insurance and other FEMA programs. In-basin
water management efforts include the Extended-Storage Acreage
Program, which pays landowners to store water in the basin, and
the Devils Lake Irrigation Test Project which uses water in the
basin to irrigate crops and increase the evaporation of water
in the basin; and also, storing additional water in some of the
upper lakes, like Sweetwater/Morrison Lakes. The State
Emergency Outlet has been completed and will discharge the
maximum amount of water in 2008 allowed by the permits
governing the operation. And, Mr. Chairman, I might add that
the outlet is operational. We did pump, last year, for a small
amount. We're certainly not pumping as much as we would like,
but we still remain optimistic that we'll be able to use that
outlet in the future.
DEVILS LAKE OUTLOOK
The National Weather Service outlook for Devils Lake does
provide hope that no major damages will be suffered in 2008.
The outlook estimates that there is a 50 percent chance of
Devils Lake reaching 1,447.8, and a 10 percent chance at Devils
Lake of reaching 1,448.6. These elevations are equivalent to
the volume increase of 113,000 and 232,000 acre-feet,
respectively.
It is interesting to note how perspectives have changed. We
now think of a volume increase of 113,000 acre-feet as a good
year. But, in the 42 years between 1950 and 1992, an inflow of
113,000 acre-feet was only exceeded three times.
While the outlook in 2008 for Devils Lake is encouraging,
the long-term outlook is much more discouraging. As long as we
are in a wet cycle, there is a danger of flooding around Devils
Lake.
The USGS report that Dr. Vecchia discussed describes the
wet period that we have been in since 1980. Unfortunately, the
27-year duration of the current wet period has no influence on
the remaining length of the wet period. The USGS report states
that there is a 72 percent chance that the wet cycle will last
another 10 years. Dr. Vecchia stated that there is a 1 percent
chance that the lake will exceed 1,458 by 2012. In an elevation
of 1,458, Devils Lake would cover an area of 260,000 acres,
which is approximately 120,000 acres more than it does today.
At an elevation of 1,458, Highway 2 would be impacted in a
number of areas, as would the Burlington Northern Railroad and
Amtrak, which uses its railroad parallel to Highway 2. In
addition to Highway 2, other roads would need to be raised,
rerouted, or abandoned. Many homes and a number of recreation
areas would be impacted, and utility lines would have to be
rerouted. Although the risks of a 1 percent chance may seem
low, plans must be made to alleviate the damages that will
occur.
The State Water Commission staff has been working with the
city of Devils Lake and the Army Corps of Engineers and your
staff on plans for the levee raised for Devils Lake. We need to
find a solution that will not only be able to protect the city
of Devils Lake, but will also be affordable. We also need to
work with the city of Minnewaukan and the counties and other
entities to develop contingency plans for the unprotected areas
around the lake.
Mr. Chairman, again, thank you for the opportunity to
testify.
[The statement follows:]
Prepared Statement of Dale L. Frink
Senator and Chairman Dorgan and members of the subcommittee, thank
you for the opportunity and privilege to summarize the impacts of the
ongoing flooding around Devils Lake and the State of North Dakota's
response to the flooding. When I say Devils Lake, I am including Stump
Lake as well as the lakes to the north and to the west of the main body
of Devils Lake that have been inundated.
Since 1992, Devils Lake has risen over 25 feet and its surface area
has increased by approximately 91,000 acres from about 49,000 acres to
approximately 140,000 acres. We estimate that over $500 million has
been spent fighting the Devils Lake flood. The city of Churchs Ferry
has been bought out by the Federal Emergency Management Agency (FEMA),
hundreds of other homes have been destroyed, roads and dikes have been
raised, re-raised, re-routed and, in some cases, abandoned, and
utilities have been re-routed. The counties of Benson, Nelson and
Ramsey have lost thousands of acres of productive cropland as well as
much of the property tax generated by that land.
Since May 1999 when Devils Lake began spilling into Stump Lake, the
level of Devils Lake has varied between 1,446 and 1,449 feet msl.
Today, Devils Lake is at an elevation of approximately 1,447 feet msl,
however, the volume has increased by over 462,000 acre-feet filling
Stump Lake. This volume increase clearly illustrates that the wet cycle
has not ended.
The State of North Dakota, along with the local entities, the
Spirit Lake Nation, and the Federal Government have taken a three-prong
approach for responding to the flooding in the Devils Lake basin.
Infrastructure has been protected or modified by raising and re-routing
roads, buildings and raising levees, re-routing power and water lines,
and homes that have been flooded have been purchased with flood
insurance and other FEMA programs. In-basin water management efforts
include the Extended Storage Acreage Program (ESAP), which pays
landowners to store water in the basin; the irrigation test project,
which uses water in the basin to irrigate crops and increase the
evaporation of water in the basin reducing the inflow to Devils Lake;
and, storing additional water in Sweetwater and Morrison Lakes. The
State's emergency outlet has been completed and will discharge the
maximum amount of water allowed by the permits governing its operation.
The National Weather Service outlook for Devils Lake in 2008 does
provide hope that no major damages will be suffered. The outlook
estimates there is a 50 percent chance of Devils Lake reaching 1,447.8
feet msl, and a 10 percent chance of Devils Lake reaching 1,448.6 feet
msl. These elevations are equivalent to a volume increase of 113,000
and 232,000 acre-feet, respectively. It is interesting to note how
perspective has changed--we now think a volume increase of 113,000
acre-feet is a good year. Between the years of 1950 and 1992, the
inflow to Devils Lake exceeded this amount only three times.
While the outlook in 2008 for Devils Lake is encouraging, the long-
term outlook is much more discouraging. As long as we are in the wet
cycle, there is danger of flooding around Devils Lake. The United
States Geological Survey (USGS) report that Dr. Vecchia discussed
describes the wet period that we have been in since 1980.
Unfortunately, the 27-year duration of the current wet period has no
influence on the remaining length of the wet period. The USGS report
states that there is a 72 percent chance that the wet cycle will last
another 10 years.
As Dr. Vecchia stated, there is a 1 percent chance that the lake
will exceed 1,458 feet msl by 2012. At an elevation of 1,458 feet msl,
Devils Lake would cover an area of over 260,000 acres, which is
approximately 120,000 acres more than it does today. At an elevation of
1,458 feet msl, Highway 2 would be impacted in a number of areas as
would the BNSF railroad and Amtrak, which uses its railroad parallel to
Highway 2. In addition to Highway 2, other roads would have to be
raised, re-routed, or abandoned. Many homes and a number of recreation
areas would be impacted and utility lines would have to be re-routed.
Although the risk of 1 percent may seem low, plans must be made to
alleviate the damages that will occur. The North Dakota State Water
Commission staff has been working with the city of Devils Lake, the
U.S. Army Corps of Engineers, and your staff on plans for the next
levee raise for the city. We need to find a solution that will not only
be able to protect the city of Devils Lake but will also be affordable.
We also need to work with the city of Minnewaukan, the counties, and
other entities to develop contingency plans for unprotected areas
around the lake.
Thank you, again, for the opportunity to testify today.
Senator Dorgan. Mr. Frink, thank you very much.
Next, we will hear from Mr. Lonnie Hoffer, from the North
Dakota Department of Emergency Services.
Mr. Hoffer, you may proceed.
STATEMENT OF LONNIE HOFFER, DISASTER RECOVERY CHIEF,
NORTH DAKOTA DEPARTMENT OF EMERGENCY
SERVICES
Mr. Hoffer. Chairman Dorgan and Congressman Pomeroy, on
behalf of Greg Wilz, I appreciate the opportunity to present
information concerning the North Dakota Department of Emergency
Services' involvement in issues impacting the Devils Lake
Basin.
Since 1993, the department has managed the public
assistance and the hazard mitigation grant programs, providing
in excess of $37 million in disaster funding to the Devils Lake
Basin. The Department of Emergency Services will continue to
coordinate preparedness mitigation, response and recovery
efforts in support of the jurisdictions in the Devils Lake
Basin.
My remarks today will focus on the planning for ``roads
acting as dams,'' evacuation and sheltering plans, as well as a
Devils Lake Risk Assessment Project.
In 2005, the department employed the services of several
Department of Transportation contractors, and they developed
the emergency action plan for the Devils Lake roads and dikes.
The plan reviews probable scenarios, and also explores the
various circumstances that will affect the residents, and
provides a summary of the suggested actions.
Participants in that plan were the Ramsey/Benson Counties,
Spirit Lake Nation, Department of Transportation, State Water
Commission, North Dakota National Guard, National Weather
Service, and the U.S. Corps of Engineers.
The emergency plan is a part of the ``roads as dikes''
solution to the Federal Highway Administration's package to
receive $70 million extending for the next 5 years. Our
department has evaluated the evacuation and sheltering plans
provided by the jurisdictions, and found them compliant with
the established guidelines. And we continue our endeavors to
complete the mass-care planning, as ongoing.
In 2000, the department received Hazard Mitigation Grant
funding for the Devils Lake Risk Assessment. That risk
assessment is on the North Dakota State hub. And the purpose of
that is to identify structure--infrastructure and properties
impacted as the lake rises. Currently, FEMA is updating that
risk assessment because of the new structures being put into
service, and other structures that have been removed.
We--I wish to thank the committee for supporting our
disaster funding. It has been the single most critical factor
in helping jurisdictions recovering from the 22 presidential
disasters incurred for the last 15 years. I ask for your
continued support for the Hazard Mitigation Grant funding, and
encourage members to sustain funding for FEMA to maintain an
aggressive mapping program for the Devils Lake Basin.
Thank you.
[The statement follows:]
Prepared Statement of Greg Wilz, Director, Division of Homeland
Security, North Dakota Department of Emergency Services
Chairman Dorgan and members of the committee, I appreciate the
opportunity to present information concerning the North Dakota
Department of Emergency Service's (NDDES) involvement with issues
impacting the Devils Lake Basin. Since 1993 NDDES has managed Public
Assistance and Hazard Mitigation Grant Program funding in excess of $37
million for the region. The department will continue to coordinate
preparedness, mitigation, response, and recovery efforts in support of
jurisdictions in the Basin. My remarks today will focus on planning for
roads acting as dams, evacuation, and sheltering as well as the Devils
Lake Risk Assessment Project.
In 2005, the department employed the services of two North Dakota
Department of Transportation (NDDOT) contractors who developed the
emergency plan for Devils Lake Area Roads Acting as Dams. It
specifically reviews the probable emergency scenarios, explores how
various circumstances will affect local residents and property, and
presents a summary of suggested actions or concerns that may be
appropriate in mitigating the effects of road dike failures. The plan
serves as a guide for Spirit Lake Nation as well as Benson and Ramsey
Counties. In April 2005, a tabletop exercise was conducted to validate
the Devils Lake Area Roads Acting as Dams Action Plan and provided an
opportunity for county and tribal governments to evaluate their local
emergency operations plans. Participants included representatives from
Ramsey and Benson Counties, Spirit Lake Nation, NDDES, NDOT, ND State
Water Commission, ND National Guard, National Weather Service, and U.S.
Corps of Engineers, St. Paul District.
The Emergency Action Plan as part of the ``Roads Acting as Dams''
solution is required by the Federal Highway Administration in order to
receive a $70 million funding package extending through the next 5
years. DES planners are working in concert with the NDDOT to certify
local plans and are assisting Benson County, Ramsey County and Sprit
Lake Nation officials in cross-walking their current plans to ensure
compliance. A State functional/full scale exercise is scheduled for
September 2008. The after action report will identify gaps and concerns
to be addressed in future planning and execution efforts.
DES evaluated evacuation and sheltering plans submitted by each of
the three jurisdictions and found them compliant with established
guidelines. Endeavors to complete mass care planning are ongoing.
Further enhancements will be completed based upon outcomes from the
September exercise.
In 2000 the department received Hazard Mitigation Program funding
for the Devils Lake Basin Risk Assessment. The project was completed
and placed on the North Dakota GIS Hub. This mapping data is used to
identify infrastructure and property impacted by specific lake levels.
It enables emergency personnel to accurately predict damages, implement
mitigation measures to prevent loss of life and property damage, and
accomplish more effective floodplain management. Due to new and removed
structures, the information is outdated. This year the Federal
Emergency Management Agency (FEMA) intends to undertake a mapping
project that will provide more current data delivered in a more user
friendly format.
I thank the committee for supporting disaster funding; it has been
the single most critical factor in helping jurisdictions recover from
the 22 presidential disasters incurred in the last 15 years. I ask for
your continued support of Hazard Mitigation Grant funding and encourage
members to sustain funding for FEMA to maintain an aggressive mapping
program for the Devils Lake Basin to promote future decisionmaking
based upon current and precise data.
Senator Dorgan. Mr. Hoffer, thank you very much.
Next, we will hear from Joe Belford, Ramsey County
Commissioner. And I know that there are many county
commissioners in the room. Mr. Belford will testify on behalf
of county commissioners.
But, Mr. Belford, also, I know that your family has
suffered a recent tragedy, and I know you know this community
and all here embrace you and extend our sympathies to you. And
we appreciate your being here today under those conditions, our
sympathies to you.
STATEMENT OF JOE BELFORD, COMMISSIONER, RAMSEY COUNTY
Mr. Belford. Thank you, Senator and Representative Pomeroy.
I'm representing the interests of the entire Devils Lake
Basin and the region and downstream, all the way to Lake
Winnipeg, as it relates to the flooding issue and the Devils
Lake outlet. I also run a local business in the city of Devils
Lake.
I am here before this subcommittee today to provide
testimony regarding the impact of Devils Lake's rise of over 25
feet over the past 15 years has had on the community of the
basin and region. I also want to highlight some of the critical
issues that we around the basin will face in the years to come
if the lake rise continues.
Through my experiences, having lived through this crisis in
Devils Lake, having been an elected official for over 30 years,
I am compelled to relate what I know to you, in the hope that
you will see fit to continue the vital assistance that we have
been receiving from the various Federal-agency entities since
this issue came to the forefront, in 1993.
To start, it is important that we give full credit to both
the State and Federal governments, which, through hard work,
long hours, and likely more than a little sweat, have come to
our aid time and time again. Truly, without such help, our
community would have been a loss a long time ago.
It is difficult to fully express the gratitude that we feel
for the assistance that you and the country have provided.
Every time I see the levees that protect our homes and
businesses, or the roads that provide for commerce, it reminds
me of substantial support that we have received.
In 1993, Devils Lake began its inexorable rise, taking with
it homes, private and public lands, roads, utilities, and
livelihoods. The lake's rise has been fought valiantly on many
fronts; but, slowly and surely, the lake has crept higher,
eventually covering almost 140,000 acres, with a volume of 2.3
million acre-feet, and rising to 1,449.19 above sea level.
Stump Lake's rise was delayed; but, eventually, Devils Lake
reached an elevation sufficient to overflow into it, and in
2007 the lakes' elevations were equalized. This gave Stump Lake
an area of 14,800 acres and a volume of 494,000 acre-feet. Now
that Stump is at the same elevation as Devils Lake, there is
nothing to prevent the lakes from rising together in the
future.
The rise of Devils Lake and Stump Lake has been much like a
slow-motion accident, where we in the community know what is
happening, and can, in fact, watch it occur, but are unable to
affect the relentless march of events. I have often said that
the flooding we have experienced is, in many ways, worse than
the flooding around a river. With a river, the flood peaks
quickly, and then the water recedes, leaving devastation
behind, but allowing the people to reclaim their lives.
Although the water began its most recent rise around Devils
Lake 15 years ago, we, today, have a lake that has not receded
appreciably in all of that time.
NEGATIVE EFFECTS OF FLOODING
Of negative effects that the lake has had both many and
varied, I will touch on four broad areas of impact--human,
agricultural, economic, and regional--in the hopes of providing
you with a comprehensive view of impacts of the Devils Lake
flooding. Last, I will touch on what we have found to be one of
the main positives to come to our community as a result of the
lake's rise.
The lake's rise has had an undeniable effect upon those
that live around it. Since 1993, the lake's ever-expanded
waters have, in fits and starts, swallowed up homes, roads,
private/public land, and utilities. Losing one home is a
tragedy. And, sadly, hundreds of homes have been lost,
relocated, or burned to prevent the hazards in the lake. Roads
which once might have been passable have either been raised, to
great expense, relocated, or abandoned entirely, forcing people
to traverse many extra miles in order to reach their jobs,
fields, family, and places of commerce. In recent years, the
people of the city of Devils Lake have been fearful of losing
their water supply, as the pipeline that brought the city its
water was submerged under the lake, making a threat of a pipe
breach an insurmountable obstacle. Parks, such as Shelvers
Grove and Grahams Island, that have benefited the community,
the State, and the travelers from far and wide, have either
been inundated or required repeatedly road-raises to preserve
access.
Last, one cannot minimize the specter of the fear that
affects those citizens whose homes lay beneath the lake's
current elevation, behind the existing dike, a thin strip of
rock and dirt, life beneath the levee causes one to always be
aware that they may be living at risk.
The Devils Lake region has long been known for the
productivity of its soils. Its wheat, durum, sunflowers,
canola, alfalfa, and many other crops that feed the Nation have
been growing here since the settlement days. However, with the
lake's rise, thousands upon thousands of acres of land lie
beneath the waves. In early days, much of the land consumed was
pasture; and, in recent years--and if the lake continues to
rise, primary cultural land will be lost.
It is not only the farmers who have grown the world's food
since the pioneer days who have been affected; agriculture is
the lifeblood of the region, and every acre of land lost means
less business to the implement dealers, chemical suppliers,
stores, and banks. Roads to market have been moved to avoid the
lake, means more money out of the farmers' pocket to transport
seed, fertilizer, fuel, and other crops that they produce.
Inevitably, the lake's rise is a significant impact that
has been felt in the pocketbooks of the region's citizens. For
every one of the hundreds of families that have had to abandon
or move their homes to escape the inexorable creep of a lake,
the costs have been exceedingly high, in dollars and in
irreplaceable memories and dreams of the future.
Even if their homes were not lost, the region's citizens
are realizing that the levee that protects them may not be
recertified, requiring them to purchase expensive flood
insurance. The loss of Shelvers Grove has been a blow to the
region's economic development. Repeated threats of accessing
the immensely popular Grahams Island State Park have depressed
development, which has been a profitable and highly utilized
facility for fishing, boating, and camping. The relocation of
the grain terminal at Churchs Ferry is another cost borne by
the community.
ECONOMIC IMPACTS OF FLOODING
Another economic drain has been in the steadily increasing
operation and maintenance expenses, to keep the critical
infrastructure that has been built to deal with the lake's
rise, functioning. The threat of the loss of the National Guard
camp at Camp Grafton training facility is another area of real
concern. It provides the community with good citizens to fill
our homes and a corresponding impact to the local economy.
The city of Minnewaukan is faced with a terrible choice, to
come up with an insurmountable sum of money to build and
maintain a levee around the community, move the city out of the
flood's path, at a great cost, or abandon their homes and
memories forever.
And while the lake has certainly been a boon to the fishing
and recreational industry, uncertainty about whether structures
around the lake will be above the water in the future has
depressed investments that would otherwise have occurred.
A major financial strain felt by the lake's community is in
the local cost-share that is required in order to match the
Government funds for raising levees, roads, and relocating
water-supply pipelines. The value of that help cannot be
expressed fully, but it would be a understatement to say that
after meeting the local match on so many projects, so many
times, it is becoming increasingly difficult and burdensome for
the community to dig deeper into their pockets. This raises
taxes on our citizens and discourages investments in new
businesses.
The community around Devils Lake has been most affected by
the lake's climb up till now, but it will be the entire State
and region that stands to lose the most if the water continues
to rise. If Devils Lake reaches the 1,459 foot mark, there are
many serious threats that will present themselves. A major
transcontinental U.S. highway will have to be relocated many
miles to the north. A major railroad that provides a conduit
for travel and commerce will be lost. Those trains will have to
travel a far different, and already congested, route. One of
the main electrical transmission lines that transfers
electricity along this Nation's already stressed power grid,
will have to be relocated at great expense. If conditions
around the lake continue to worsen, it will require even more
hard work and assistance to prevent what has been a slow-motion
catastrophe from affecting more than the people immediately
around the lake.
While the lake's spread has many negative impacts, it has
not been without its benefits, as well. It is without question
that the booming $40 million fishery has been a great boon to
the region, bringing many dollars into our communities and
businesses, even though people who chose to make their homes
here, as well. Recreation is a growth industry around Devils
Lake, and while the great unknown is where the lake will be in
20 years, we are very grateful that there has been a silver
lining to this situation.
To conclude, the rise of this lake and Stump Lake,
unprecedented since settlement, has affected this community at
every level, and that shows no signs of stopping, but costs in
dollars to deal in the new and increasing problems will run
into hundreds of millions. The help that the Federal Government
has provided must continue in the future if we are to survive
as a community.
Thank you for giving me the opportunity to address you on
this very important issue.
[The statement follows:]
Prepared Statement of Joe Belford
My name is Joe Belford. I represent the interests of the Devils
Lake basin in the region and downstream all the way to Lake Winnipeg,
as it relates to the flooding issue and the Devils Lake outlet. I also
run a local business, Joe's Corner Mart, a gas station in the city of
Devils Lake. I am here before this subcommittee today, to provide
testimony regarding the impact that Devils Lake's rise of over 25 feet
over the past 15 years has had on the communities of the basin, and the
region. I also want to highlight some of the critical issues that we in
the basin will face in the years to come, if the lake's rise continues.
Through my experiences of having lived through this crisis in Devils
Lake, and having been an elected official for over 30 years, I am
compelled to relate what I know to you, in the hope that you will see
fit to continue the vital assistance that we have been receiving from
many various Federal entities since this issue came to the forefront in
1993.
To start, it is important that I give full credit to both the State
and Federal governments, which through hard work, long hours, and
likely more than a little sweat, have come to our aid, time and time
again. Truly, without such help our community would have been lost a
long time ago. It is difficult to fully express the gratitude that we
feel for the assistance that you and the country have provided. Every
time I see the levee that protects our homes and businesses, or the
roads that provide for commerce, it reminds me of the substantial
support that we have received.
In 1993, Devils Lake began its inexorable rise, taking with it,
homes, private and public land, roads, utilities, and livelihoods. The
lake's rise has been fought valiantly on many fronts, but slowly and
surely, the lake has crept higher, eventually covering almost 140,000
acres, with a volume of 2.7 million acre-feet, and rising to 1,449.19
feet above mean sea level (amsl). Stump Lake's rise was delayed, but
eventually Devils Lake reached an elevation sufficient to overflow into
it, and in 2007, the lake's elevations were equalized. This gave Stump
Lake an area of 14,800 acres, and a volume of 494,000 acre-feet. Now
that Stump Lake is at the same elevation as Devils Lake, there is
nothing to prevent the lakes from rising together in the future.
The rise of Devils and Stump lakes has been much like a slow motion
accident, where we in the community know what is happening, and can in
fact watch it occur, but are unable to affect the relentless march of
events. I have often said that the flooding we have experienced is in
many ways worse than flooding around a river; with a river, the flood
peaks quickly, and then the waters recede, leaving devastation behind,
but allowing people to reclaim their lives. Although the water began
its most recent rise around Devils Lake 15 years ago, we today have a
lake that has not receded appreciably in all of that time.
The negative effects that the lake has had are both many and
varied. I will touch on four broad areas of impact; human,
agricultural, economic, and regional in the hopes of providing you with
a comprehensive view of the impacts of Devils Lake's flooding. Last, I
will touch on what we have been found to be one of the main positives
to come to our community as a result of the lake's rise.
The lake's rise has had an undeniable effect upon those that live
around it. Since 1993, the lake's ever-expanding waters have, in fits
and starts, swallowed up homes, roads, private and public land, and
utilities. Losing one's home is a tragedy, and sadly, hundreds of homes
have been lost, relocated, or burned to prevent hazards in the lake.
Roads which once might have been passable, have either been raised at
great expense, relocated, or abandoned entirely, forcing people to
traverse many extra miles in order to reach their jobs, fields, family,
or places of commerce. In recent years, the people of the city of
Devils Lake have been fearful of losing their water supply, as the
pipeline that brought the city its water was submerged under the lake,
making the threat of a pipe breach an insurmountable obstacle. Parks
such as Shelvers Grover and Grahams Island that have benefited the
community, the State, and travelers from far and wide, have either been
inundated, or required repeated road raises to preserve access. Lastly,
one cannot minimize the specter of fear that afflicts those citizens
whose homes lay beneath the lake's current elevation, behind the
existing dike, a thin strip of rock and dirt. Life beneath the levy
causes one to always be aware that they live at risk.
The Devils Lake region has been long known for the productivity of
its soils. Wheat, durum, sunflowers, canola, alfalfa, and many other
crops that feed the Nation, have been grown here since settlement days.
However, with the lake's rise, thousands upon thousands of acres of
agricultural land lie beneath the waves. In the early days, most of the
land consumed was pasture, but in recent years, and if the lake
continues to rise, prime agricultural land will be lost. It is not only
the farmers who have grown the world's food since the pioneer days who
have been affected. Agriculture is the life-blood of the region, and
every acre of land lost, means less business for the implement dealers,
chemical suppliers, stores, and banks. Roads to market that have been
moved to avoid the lake mean more money out of the farmer's pocket to
transport seed, fuel, fertilizer, and the crops that they produce.
Inevitably, with the lake's rise, a significant impact has been
felt in the pocketbooks of the region's citizens. For every one of the
hundreds of families that have had to abandon or move their home to
escape the inexorable creep of the lake, the costs have been
exceedingly high, in dollars, and in irreplaceable memories and dreams
for the future. Even if their homes were not lost, the region's
citizens are realizing that the levy that protects them may not be
recertified, requiring them to purchase expensive flood insurance. The
loss of Shelvers Grove has been a blow to the regions economic
development. Repeated threats to accessing the immensely popular
Grahams Island State Park have depressed development of what has been a
profitable and highly utilized facility for fishing, boating, and
camping. The relocation of regional grain terminals at Churchs Ferry
are another cost born by the community. Another economic drain has been
in the steadily increasing operation and maintenance expenses, to keep
the critical infrastructure that has been built to deal with the lake's
rise, functioning. The threat of the loss of the National Guard's Camp
Grafton training facility is another area of real concern. It provides
the community with good citizens to fill our homes, and a corresponding
impact to the local economy. The city of Minnewaukan is faced with a
terrible choice; come up with an insurmountable sum of money to build
and maintain a levee around their community, move the city out of the
flood's path at a great cost, or abandon their homes and memories
forever. And while the lake has certainly been a boon to the fishing
and recreation industry, uncertainty about whether structures around
the lake will be above the water in the future, has depressed
investments that would otherwise have occurred. A major financial
strain felt by the lake community, is in the local cost-share that is
required in order to match Government funds for raising levees and
roads or relocating water supply pipelines. The value of that help
cannot be expressed fully, but it would be an understatement to say
that after meeting the local match on so many projects, so many times,
it is becoming increasingly difficult and burdensome for the community
to dig deeper into their pockets. This raises taxes on our citizens,
and discourages new investments and businesses.
The community around Devils Lake has been the most affected by the
lake's climb up until now, but it will be the entire State and region
that stands to lose the most if the waters continue to rise. If Devils
Lake reaches 1,459 feet amsl, there are many serious threats that will
present themselves. A major transcontinental U.S. highway will have to
be rerouted many miles to the north. A major railway, that provides a
conduit for travel and commerce, will be lost, and those trains will
have to travel a far different, and already congested route. One of the
main electrical transmission lines, that transfers electricity along
this Nation's already stressed power grid, will have to be relocated at
a great expense. If conditions around the lake continue to worsen, it
will require even more hard work and assistance to prevent what has
been a slow-motion catastrophe from afflicting more than the people
immediately around the lake.
While the lake's spread has had many negative impacts, it has not
been without its benefits as well. It is without question that the
booming $40 million fishery has been a great boon to the region,
bringing many dollars into our businesses, and even people who are
choosing to make their homes here. Recreation is a growth industry
around Devils Lake, and while the great unknown is where the lake will
be in 20 years, we are very grateful that there has been a silver
lining to this situation.
To conclude, the rise of this lake, unprecedented since settlement,
has affected this community at every level, and it shows no sign of
stopping. The costs in dollars to deal with new and increasing problems
will run into the hundreds of millions. The help that the Federal
Government has provided must continue into the future if we are survive
as a community.
Thank you for giving me the opportunity to address you on this very
important subject.
Senator Dorgan. Mr. Belford, thank you very much.
And, finally, we will hear from the mayor of Devils Lake,
Mayor Fred Bott.
Mayor Bott, you've been at this a long time. Thank you for
being a teacher, first; and, second, thank you for your service
to Devils Lake. You may proceed.
STATEMENT OF FRED BOTT, MAYOR, DEVILS LAKE
Mr. Bott. Thank you, Senator Dorgan, and good morning, to
you, Senator Dorgan and Congressman Pomeroy. I'd like to thank
you for the opportunity to speak with you today regarding the
current challenges facing the city of Devils Lake and the
potential implications relating to rising water levels within
the lake.
First of all, I would like to thank you for the ongoing
support you've provided to our community throughout the years
of flooding. The dike protecting the city, the roads leading to
our great community, and the vast amounts of infrastructure
protection measures that have been taken would not have been
possible without your unrelenting support.
As you're aware, the city of Devils Lake has faced a
multitude of challenges resulting from fluctuating lake levels.
Today, I'd like to discuss three items: the importance of our
city within the area, our ongoing drinking water supply
project, and the Devils Lake levee system.
DEVILS LAKE COMMUNITY
Devils Lake is the eleventh largest city in North Dakota.
Our regional airport had more than 3,500 departures last year.
We are the home to Lake Region State College, a comprehensive 2
year college and vocational school, serving approximately 1,700
students, and the North Dakota State School for the Deaf. Five
miles to the south of Devils Lake is our neighbor, the Spirit
Lake Nation, which is home to approximately 6,300 people.
Spirit Lake relies, to a great extent, on the city of Devils
Lake for its retail needs. Also just to the south of the city
is Camp Grafton, a National Guard training facility which
employs 220 people year-round. Camp Grafton is in the process
of implementing tens of millions of dollars worth of
improvements, and relies heavily on the local airport for
transportation of students.
With the closest regional center being 90 miles away, the
city of Devils Lake plays a vital role in the local economy.
North Dakota State sales tax reports show Devils Lake to have
the sixth-highest taxable sales per capita in the State.
EMERGENCY WATER PROJECT
The city of Devils Lake continues to proceed with the
development of our Emergency Water Replacement Project. Any
failure within the inundated portion of the pipeline would
leave the city without an adequate drinking-water supply.
In 2007, the city completed installation of 32 miles of
pipeline to connect the city to our new water source. The $8
million thus far spent on the water supply project has been
funded through EPA grants, North Dakota State Water Commission,
and local funds. Remaining portions of the project include
completion of the well field development and construction of a
water treatment facility. It is envisioned that construction of
both of these projects will be initiated this year, at an
estimated cost of nearly $10 million. With your help, Senator,
the city has secured nearly $6 million toward this phase of the
project.
And finally, the levee, my personal file, which is labeled
``Corps and Dike Project'' has a beginning date of February 17,
1994 and the lake elevation at that time was 1,428 feet, the
first document in that file on that date is a copy of the
letter sent by you, Senator Dorgan, to Colonel James T. Scott,
district engineer, St. Paul District. The letter concerned
potential spring flooding. The second document within the file
is dated March 3, and is a reply to your letter from the
division engineer, Omaha District, also concerning spring
flooding.
Another of the documents in my file is the city's letter to
then-Governor Shafer, asking him to secure assistance from the
U.S. Army Corps of Engineers to raise and extend the existing
flood protection levee for the city of Devils Lake; the letter,
dated June 21, 1996. Our hope was that this would be our only
request. We never expected that, nearly 12 years later, we
would be making yet another request to extend protection
measures to protect the city from the flood emergency caused by
the waters of Devils Lake.
It appears the existing wet cycle is expected to continue,
and there is significant chance that the lake will continue to
rise. This is of great concern to the city, because the
existing levee, with a top of elevation of 1,460 feet, is
already near the fringe for meeting Corps dam-safety criteria
and FEMA floodplain regulations. Increasing lake levels will
exacerbate this problem and ultimately require additional
protection measures to be implemented.
LEVEE SYSTEM
Approximately $54 million has been invested in the current
levee system protecting our area. Preliminary estimates for
future levee work range to the amount of $100 million. This
amount will make it extremely difficult to fund at the local
level, and I hope we are able to work with the Corps to find a
cost-effective alternative, should the lake continue to rise.
Again, I thank you for the opportunity to speak today. We
very much appreciate that you continue to understand the great
challenges that lie ahead of us. And we hope that we are able
to work together to find workable solutions.
[The statement follows:]
Prepared Statement of Fred Bott
Senator Dorgan and committee members, thank you for the opportunity
to speak with you today regarding the current challenges facing the
city of Devils Lake and the potential implications related to rising
water levels within the lake. My name is Fred Bott. I am the president
of the Devils Lake City Commission.
First and foremost, I would like to thank you for the ongoing
support you have provided to our community throughout the years of
flooding. The dike protecting the city, the roads leading to our great
community, and the vast amounts of infrastructure protection measures
that have been taken would not have been possible without your
unrelenting support.
As you are aware, the city of Devils Lake has faced a multitude of
challenges resulting from fluctuating lake levels. Today I would like
to discuss three items with you: the importance of our city within the
area; our ongoing drinking water supply project; and the Devils Lake
levee system.
CITY'S REGIONAL IMPORTANCE
Devils Lake is the 11th largest city in North Dakota. The city's
2000 Census population was 7,222 residents. Our public schools have
nearly 1,700 students. Our private elementary school has 140 students.
Our medical facilities consist of two clinics, which saw a total of
56,000 patients last year. Mercy Hospital, our local hospital, had
1,715 patients last year, and its emergency room saw 11,047 patients.
We have three nursing and retirement homes. Our regional airport had
3,548 departures last year. Lake Region State College, a comprehensive
2-year college and vocational school serving approximately 1,700
students, and the North Dakota School for the Deaf are also located in
Devils Lake. Finally, the size of the work force in Devils Lake, for
which data is available, numbered 5,422.
Five miles to the south of Devils Lake is the Spirit Lake Nation,
which is home to approximately 6,300 people. Spirit Lake relies almost
entirely on the city of Devils Lake for its retail needs. Also just to
the south of the city is Camp Grafton, a National Guard training
facility, which employs 220 people year round. Camp Grafton is in the
process of implementing tens of millions of dollars worth of
improvements and relies heavily on the local airport for transportation
of students.
With the closest regional center being 90 miles away, the city of
Devils Lake plays a vital role in the local economy. North Dakota State
Sales tax reports show Devils Lake to have the sixth highest taxable
sales per capita in the State. This indicates a strong regional
shopping presence in the city. It would be an extreme hardship if area
residents, including the Spirit Lake Tribe, had to travel 90 miles for
shopping access.
DRINKING WATER SUPPLY PROJECT
The city of Devils Lake continues to proceed with the development
of our Emergency Water Source Replacement Project. The project was
initiated several years ago to address the precarious situation created
by the lake inundating 6 miles of our existing supply line that has
been in service 47 years. A failure within the inundated portion of the
pipeline could leave the city without an adequate drinking water
supply. The project will also allow the city to comply with new Safe
Drinking Water Act (SDWA) standards for arsenic. The city supply is
nearly 3.5 times the allowable limit and we are currently operating
under a 3 year arsenic exemption status granted to us by the ND
Department of Health. The exemption period ends in January 2009, and
based on our population, the city is not eligible for an extension past
this date.
In 2007 the city completed installation of 32.5 miles of pipeline
to connect the city to our new water source. The $8 million thus far
spent on the water supply project has been funded through EPA grants
totaling $1.6 million, $3.7 million from the ND State Water Commission,
and $2.7 million in local funds.
Remaining portions of the project include completion of the
wellfield development and construction of a water treatment facility.
It is envisioned that construction of both of these projects will be
initiated this year, at an estimated cost of near $10 million. With
your help, Senator, the city has secured nearly $6 million toward this
phase of the project. In an effort to ensure water rates remain
affordable to city residents, we have requested an additional $1.6
million in funds from your office to aid in completing this much-needed
project. Any additional aid you can provide will decrease the local
share required and the community will see a direct benefit in lower
water bills.
LEVEE PROJECT
My personal file labeled ``Corps and Dike Project'' has a beginning
date of February 17, 1994. The lake elevation at that time was 1,428
feet. The first document in that file on that date is a copy of a
letter sent by Senator Byron Dorgan to Colonel James T. Scott, District
Engineer, St. Paul District. The letter concerned potential spring
flooding. The second document within the file is dated March 3, 1994,
and is a reply to Senator Dorgan from Colonel John Schaufelberger,
Division Engineer, Omaha District, concerning spring flooding. Two
other documents within the file include the city's Emergency
Declaration dated June 17, 1996, and the city's letter to Governor
Shafer asking him to secure assistance from the U.S. Army Corps of
Engineers to raise and extend the existing flood protection levee for
the city of Devils Lake dated June 21, 1996. Our hope was that this
would be our only request. We never expected that nearly 12 years
later, we would be making yet another request to extend protection
measures to protect the city from the flood emergency caused by the
waters of Devils Lake.
As you will hear today from representatives of the U.S. Geological
Survey, it appears the existing wet cycle is expected to continue, and
there is a significant chance the lake will continue to rise. This is
of great concern to the city because the existing levee, with a top
elevation of 1,460 feet, is already near the fringe for meeting Corps
dam safety criteria and FEMA floodplain regulations. Increasing lake
levels will exacerbate this problem and ultimately require additional
protection measures to be implemented. Local officials have met several
times with representatives from the Corps regarding this issue and the
Corps has initiated the planning process for potential measures to be
taken to address increasing lake elevations.
Currently, approximately $54 million has been invested in the
current levee system protecting our area. Preliminary estimates for
future levee work range in excess of $100 million. This amount will
make it extremely difficult to fund at the local level and I hope we
are able to work with the Corps to find a cost effective alternative
should the lake continue to rise. In the coming months I suspect a
preferred protection alternative will be chosen that will have cost
implications. I ask that you continue to support measures necessary to
protect the city of Devils Lake.
Again, thank you for the opportunity to speak today. We appreciate
that you continue to understand the great challenges that lie ahead of
us, and we hope that we are able to work together to find workable
solutions.
Senator Dorgan. Mayor, thank you very much for your
testimony. It reminded me again, and I was just mentioning this
to Congressman Pomeroy, that this is a little like the movie
Groundhog Day, where you wake up at 6 o'clock every morning,
and it just starts over again, the same day.
Because, 14 years later, we're still talking about exactly
the same things in the Devils Lake region.
I want to do a couple of things, and then begin asking a
series of questions.
JOINT WATER RESOURCES BOARD
First, I want to include a statement for the record by the
Devils Lake Basin Joint Water Resource Board and Mike O'Connor.
That Resource Board includes a board of directors from Benson
County, Eddy County, Mike Tweed; Pierce County, Duane Hawk;
Rolette County, Ronald Heinz; Walsh County, Robert Shirek;
Cavalier, Larry Gellner; Nelson, Mike Donohue; Ramsey, Duane
Ash; Towner, Dale Anderson; and Mike Connor is the manager. I
thank them for their contribution.
[The statement follows:]
Prepared Statement of Michael Connor, Devils Lake Basin Joint Water
Resource Board
DEVILS LAKE UPPER BASIN WATER UTILIZATION PROJECT
The Devils Lake Basin
Devils Lake is located on the southern edge of a 3,819 square mile
sub-basin of the Red River of the north basin. Run-off water within the
Devils Lake Basin ultimately ends up in Devils Lake. When Devils Lake
reaches elevation 1,460 feet msl, it will discharge through a natural
outlet to the Sheyenne River. During 2005, the lake reached an
elevation of 1,449 feet msl and would have to rise approximately 11
more feet before it begins to overflow to the Sheyenne River. Devils
Lake is the largest natural lake in North Dakota. The lake has risen
over 26 feet since 1993 and has expanded from 40,000 acres to over
130,000 acres. With the exception of a levee to protect the city of
Devils Lake, the lake has been allowed to expand freely as the
elevation increases. This causes flooding to cropland, pasture/hay
land, residential developments, farmsteads, parks/refuges and other
natural or developed land features.
Previous Actions
During the fall of 2001, the Devils Lake Basin Joint Water Resource
Board started an initiative to explore ways in which the excess surface
waters in the upper Devils Lake Basin could be put to beneficial use
within the basin. After researching some alternatives and reviewing
previous work completed by State, local and Federal agencies, the Joint
Board retained the services of an engineer to perform a reconnaissance
level study.
The results of the reconnaissance study, which was completed in
August 2002, indicated that the potential exists for water to be
utilized through the evapotranspiration of growing agricultural crops.
This enhanced evapotranspiration would alleviate a portion of the
excess surface water found in the upper Devils Lake Basin.
Although the primary analysis and calculations looked promising, it
was apparent that additional research work would be necessary before
such a monumental project could be developed.
It was decided that the most reactive way to produce the results
necessary for a full water utilization project was to develop three
individual projects each depending on the information derived from the
proceeding projects.
--Test Project.
--Pilot Project.
--Full Water Utilization Project.
Test Project
The Test Project is the construction, development and observation
of water utilization on a small scale using scattered sites throughout
the Devils Lake Basin. In 2004, 10 sites were selected to participate
in the Test Project. Each site consisted of different soils found
throughout the Basin. A majority of the soils found at the selected
sites were soils that are typically conditional or marginal irrigable
soils. The Test Project needed to find if a majority of the soils in
the Basin could be irrigated, even during wetter than normal
conditions.
In 2005, the infrastructure, including the pivots, pipelines,
intakes, and pumps, was installed by the approved contractor. Also in
2005, the technical consultant, North Dakota State University (NDSU),
began installing testing equipment that will be used to monitor the
soil and water conditions throughout the life of the Project.
The primary objective of the Test Project is to further secure
answers to a number of questions related to the project in a real world
working environment.
--How much additional water could be applied to crops in this area to
maximize water utilization?
--Will the use of basin surface water result in a detrimental
application of salts to the soil?
--What crop rotation would be most beneficial?
--How could ultimate management of a larger project involving several
producers and thousands of acres be implemented?
--How does the project affect local surface water bodies?
--How can water application and water use through this application
method be maximized?'
In 2006, nearly 8 inches of water was applied to the 10 sites and
in 2007 nearly 3 inches were applied. The difference in application
amounts in 2006 and 2007 was due to the fact the Basin received nearly
double the precipitation in 2007 as compared to 2006, which was drier
than normal.
It is a goal of the Project that NDSU will be able to answer these
questions, and possibly more, once the Test Project is completed in the
fall of 2008. After the information is gathered and analyzed, NDSU will
make recommendations to the Joint Board on how to proceed with the next
phase of the Project, which has been named the Pilot Project.
Pilot Project
Now that the Devils Lake Upper Basin Water Utilization Test Project
for 2005-2008 is underway and nearly complete, the planning for the
development of the Pilot Project is another step in the overall
project. The approximate size of the Pilot Project would be 4,000 acres
total, with 3,000 acres coming from 25-30 new sites, and 1,000 acres
coming from the continuation of the 10 sites already participating in
the on-going Test Project.
The majority of the details for the Pilot Project would be
developed though the analysis of the operations and results from the
on-going Test Project. Coordination with NDSU, the technical consultant
on the Test Project, will be an important element of the preparation of
the Pilot Project. Much of this preliminary work needs to be completed
on the Pilot Project prior to the completion of the Test Project.
The primary goals of the Pilot Project would be to develop,
implement and refine a system of operations for water utilization in
the Devils Lake Upper Basin. Some of the critical elements that need to
be scoped prior to the construction of the Pilot Project include:
--Identifying and redefining the soils in the Devils Lake Basin that
maximize water utilization and are conductive to long term
irrigation.
--Review and update information found in the reconnaissance level
investigation.
--Analyze data from the Test Project with assistance from NDSU.
--Establish a GIS data base.
--Landowner/Producer Cooperation.
--Solicit applications for potential project involvement.
--Hire a soil classifying consulting firm to assist in reviewing
landowner applications for the project and assist in
finalizing the sites selected.
--Hold public scoping meetings.
--Maximization of crop yields and overall project economics.
--Analyze data from the Test Project.
--Set a goal to have 2,000 acres of traditionally irrigable soils
involved and another 2,000 acres consisting of
conditionally irrigable and conditionally non-irrigable
soils to secure expanded economic data. The soil
classifications and explanations are available in the May
5, 2004, ``Devils Lake Upper Basin Water Utilization
Study'' prepared by HPC, Inc.
--Consult with the Test Project farm management consultant and/or a
consulting firm for developing an expanded data gathering
system for existing and new acreage. This information will
then be used to determine ways to maximize the crop yields
and project economics.
--Water source quality and quantity.
--Determine possible water sources by utilizing the GIS database.
The Pilot Project sites should be located near sources of
water with a quality that is conducive to irrigating the
soils found within the Basin.
--Gather existing data sets from Federal and State agencies.
--Gather new data from water sources through field testing.
--System operation and maintenance procedures and costs.
--Analyze data from the Test Project.
--Consult with NDSU and vendors for recommendations on potential
irrigation equipment for use on the Pilot Project. Joint
Board should utilize data and experiences gained from the
Test Project.
--Possible formation of a basin wide irrigation district with
special consideration being given to the possibility of
expanding an existing irrigation district near or in the
Devils Lake Basin.
--Crop rotations.
--Analyze data from the Test Project.
--Consult with NDSU Agriculture Extension Area Agronomists and
County Extension Agents in the involved basin areas, as
well as the Test Project Farm Management consultant.
The total time needed to prepare and develop for a Pilot Project is
in the range of 15 to 18 months. As the necessary information is being
assembled for the Pilot Project, additional data from the Test Project
will also become available. If data from the Test Project demonstrates
that expanding to the Pilot Project is feasible, it is vital that the
Devils Lake Basin Joint Water Resource Board, along with its local,
State and Federal partners plan for the expansion at this time so that
momentum on the overall project is not lost.
PILOT PROJECT PRELIMINARY BUDGET
------------------------------------------------------------------------
Item Budget Amount
------------------------------------------------------------------------
Review initial Test Project results................... $40,000
Feasibility study..................................... 75,000
Determining funding support........................... 25,000
Operations and monitoring............................. 65,000
Final site selection.................................. 50,000
Pre-construction...................................... 50,000
Development plans/specifications...................... 25,000
Bid process........................................... 10,000
Construction.......................................... 4,000,000
Project Administration................................ 10,000
-----------------
Total............................................. 4,350,000
------------------------------------------------------------------------
In 2006, the Congressional Delegation through Senator Dorgan's
office, secured $350,000 for the continued work on the Devils Lake
Upper Basin Water Utilization Project, with emphasis on the Pilot
Project. At this time, some of the planning for the Pilot Project has
begun, including the Joint Board soliciting land site applications from
the landowners in the Devils Lake Basin. These applications are being
entered into a GIS database which will assist in selecting the sites
for the Pilot Project. Additional information that is gathered from the
Test Project will be entered into the database as soon as NDSU provides
the data.
The money already secured for the Pilot Project will be adequate to
keep the planning and the momentum of the overall Project going, but it
will not be enough to construct any of the infrastructure needed for
the next phase. Additional funding will be needed for actual
construction (Item No. 9 from preliminary budget). The total amount of
Federal, State, and local funds needed for construction of the Pilot
Project will not be known until after the bids are received, but
preliminary estimates are approximately $4.0 million.
The planning for the Devils Lake Basin Water Utilization Pilot
Project will be mostly completed by 2008-2009, with construction and
operations taking place after that. If the data collected from the
Pilot Project and subsequent analysis provides sufficient evidence that
water utilization in the upper basin is an effective tool for upper
basin water management, then the appropriate parties should continue to
move forward with the full scale Water Utilization Project. The size of
the full scale project will be highly dependent upon the level of
funding from Federal and State governments. The original reconnaissance
level study made mention of a possible 20,000 acres of irrigation in
the Basin. At this level, the Devils Lake Upper Basin Water Utilization
Project will not only become an important water management tool, but
generate an economic boost for the entire Devils Lake Basin.
The Devils Lake Upper Basin Water Utilization Project will have a
direct impact not only on the amount of water that flows into Devils
Lake from the upper basin, but will also have a significant impact on
the economic revitalization of the Devils Lake Basin!
ADDITIONAL SUBMITTED STATEMENTS
Senator Dorgan. I thank them for their contribution.
We weren't able to have everyone testify here today, but I
do want to point out that the record will remain open for 15
days, and those wishing to submit testimony to be a part of the
permanent record are able to do so. You're welcome to send that
testimony to my office, and it'll become a part of the
permanent hearing record.
[The statements follow:]
Letter From Odell Flaagan
April 3, 2008.
Senator Byron L. Dorgan,
Chairman, Energy and Water Appropriations Committee, SH-322,
Washington, DC 20510.
Dear Senator Dorgan: The flow of Devils Lake water into Stump Lake
has caused a great deal of devastation in Nelson County. Approximately
17 miles of roads have been lost, 3 farmsteads have been flooded and
about 21,400 acres of farmland are inundated. The flooded agricultural
land has had a negative effect on the County's tax base.
Additional flooding in the Devils Lake/Stump Lake region will
surely cost millions of dollars. The cost of raising highways and dikes
around Devils Lake is overwhelming. Many people in the region would
like to see the lakes stabilized.
The Nelson County Commissioners believe the best solution to these
problems is to clean out the Tolna Coulee and build a control
structure. History has shown that water has flowed through this natural
outlet many times. If needed, a water purification plant could be built
at the control structure. A project such as this, we believe, would
cost much less than letting the water continue to rise uncontrollably.
The Nelson County Commissioners urge all State and Federal
officials to work together to stabilize Devils Lake and Stump Lake by
cleaning out the Tolna Coulee and building a control structure to
prevent additional flooding.
Sincerely,
Odell Flaagan,
Chairman, Nelson County Commission.
______
Prepared Statement of Richard Betting, Secretary, People to Save the
Sheyenne
``Floods are Acts of God; Flood Losses are Largely Acts of Man.''
National Geographic
North Dakota Senator Byron Dorgan, Chairman of the Subcommittee on
Energy and Water Development, held a hearing March 25, 2008, in Devils
Lake, North Dakota, to receive testimony about ways of dealing with the
potential future rise of the level of Devils Lake. Those who testified
wanted the ND State Water Commission and/or the Corps of Engineers to
study ways of dealing with the potential problems arising from higher
levels of water on the lake, if and when they might occur.
A person representing the U.S. Geological Survey stated that the
wet cycle ``has continued to the present.'' He also said that there is
a ``72 percent chance the lake will continue to rise for another 10
years.'' There are at least two major problems with these statements.
First, since Devils Lake area has not had excessive precipitation since
2000, it's doubtful that the ``wet cycle'' continues. The same day of
the hearing North Dakota newspapers carried stories of the continued
drought throughout the State. One headline read: ``North Dakota still
dampened by drought.'' Another fact: Devils Lake has dropped more than
2 feet from its all-time high of 1,449.2 feet msl. in 1996 to about
1,447 feet today.
The outlook this spring is dry, with very little snow melt runoff
in most of the State. Another current news item indicated that the
Souris River has almost no flow this spring. If there is a 5 percent
chance Devils Lake will rise 10 feet by 2025, there is a 95 percent
chance it won't.
Drought is being used as a main reason for providing Fargo with
water when the next drastic drought occurs. It hardly seems reasonable
to provide for both a drought and a flood at the same time.
Testimony was also given that Devils Lake rose 25 feet since 1993,
from about 1,423 feet msl. to 1,448 feet. This was a misleading set of
statistics. If one takes the lake level of 1,428.8, its height in 1987,
that is about a 20-foot rise in 20 years, a much less precipitous--and
therefore less ominous--rise. The lake also dropped from that 1987 high
to its level of 1,423 in 1993.
Another main point is that the potential rising water level on
Devils Lake is not an emergency. The process has been going on for, as
one can see, many years, depending upon when one wishes to begin
counting. Since the situation lacks emergency status, it should be
dealt with in a reasonable, long-term manner, as explained below.
As much as the lake has risen, another point to be made is that
Devils Lake now is about half full. In order to rise to its point of
overflow at 1,459 feet msl., the lake will have to rise another 12 feet
and must hold another 2,470,000 acre/feet. That is about as much as the
lake has increased in net volume since 1993. However, as the lake rises
and its volume increases, so does evaporation from its surface. Each
year approximately 30 to 36 inches, on average, evaporates from the
lake. The larger the surface, the more evaporation. At about 250,000
acres the lake would reach equilibrium.
Like a physician who is treating a sick patient--and looking to
find the causes of the symptoms of the patient's illness--what those
who wish to deal with the problem of rising water on Devils Lake will,
ultimately, have to deal with are the root causes of flooding. Some
claim the chief culprit is precipitation. Facts don't support this
conclusion. Precipitation levels in the Devils Lake basin increased
from an average of about 18 inches per year to about 23-24 inches per
year from 1993 through 1998. An increase of slightly more than 5 inches
per year. Five extra inches on the lake would not have raised the level
2 or 3 feet in a year's time, as happened.
Rather, the primary cause of flooding on Devils Lake has been and
continues to be drainage in the upper basin of the lake. U.S. Fish and
Wildlife studies conclude that there are over 189,000 acres of drained
wetlands in the upper basin of Devils Lake. That's about half of the
original wetland acres--commonly known as sloughs. Since the 1950s over
22,700 (North Dakota State Water Commission figures) upper basin
sloughs have been drained. More, counting the illegal drains.
The precipitation from these drained wetlands ran off into the
Starkweather and Mauvais Coulees, for example, or through Channel A and
straight into Devils Lake. That's why a 6-inch upper basin rainfall
[from about 189,000 acres] could add a foot of water to the lake [whose
size was then less than 100,000 acres]. That's why each and every year
from 1993-1998 about 328,000 acre-feet of water flowed into Devils Lake
from the upper basin.
Water that would have remained in upper basin wetlands to evaporate
had they not been drained.
Drainage Affects Flooding as the following study illustrates.
From the North Dakota Geological Survey (received 2001)
The Effects of Wetlands Drainage on Flooding.--In North Dakota the
Fish and Wildlife Service studied the effects of wetland drainage on
flooding on the J.Clark Salyer National Wildlife Refuge in the Souris
River Basin north of Minot (study dated December 1979). One of the
study areas, which included 205 acres of natural, undrained wetland
basins, had an inflow of 109 acre-feet, but only 46 acre-feet were
measured as outflow. The basins retained all of the runoff from within
the 5-square mile block and also reduced stream flow by 53 percent. By
contrast, in a drained study area, 46 acre-feet of water entered, but
outflow was 74 acre-feet. The storage capacity of wetlands in the
second study area was eliminated by artificial drainage and stream flow
increased 61 percent. The study concluded that drained wetlands
contributed more to streamflow than undrained wetlands, despite some
significant differences in other land-use practices. The Fish and
Wildlife Service suggested that wetland drainage is the most important
land-use practice with a bearing on flooding problems.
In other words, upper basin inflows need to be modified, reduced,
controlled.
In fact, upper basin ``water management'' was part of the original
plan to deal with rising water on Devils Lake. The three-legged stool
was the metaphor used to describe the ways of dealing with rising
water: One leg for infrastructure (on which over $500 million has
already been spent); one leg symbolizes the outlet (which has proved to
be a false promise); the third leg illustrates upper basin water
storage. (Ask the ND State Water Commission how many acres are
presently in the water management program.)
One solution to high water on Devils Lake that continues to be
suggested includes digging a ditch from Stump Lake to the Sheyenne
River. In response to similar proposals in the future here are
important remarks dealing with a Tolna Coulee outlet to the Sheyenne
River.
Comments from a letter dated August 13, 1999, from Francis
Schwindt, Chief, Environmental Section, North Dakota Department of
Health, to David A. Sprynczynatyk, State Engineer, State Water
Commission in reply to ``a preliminary review of the city of Devils
Lake's proposed project.''
Schwindt wrote, ``The project entails the construction of a 7,344-
foot channel, from Stump Lake to the Tolna Coulee. There are many
important plan details that are not available at the time of this
evaluation.
``This project is extremely complex from a water quality
perspective. The water quality parameters that are of concern include
total dissolved solids, sulfates, chlorides, copper, lead, arsenic,
selenium boron, ammonia, and nutrients. The concentration of each of
these constituents needs to be determined when blended with the
Sheyenne River at the point of discharge, and several locations
downstream, including the confluence with the Red River of the North,
and at the International Border. Additionally, biological factors, such
as algae, can result in taste and odor problems, and perhaps toxins for
municipal water supplies. . .
``A cursory review of historical flows and water quality of the
Sheyenne River indicate that a very narrow window of opportunity exists
for operating the project at a very minimal flow rate, and that the
project's flood control objectives for Devils Lake would not be
obtained while meeting water quality standards. Furthermore, designated
beneficial uses of the Sheyenne River would not be maintained; these
include municipal water supplies, aquatic life, irrigation, industrial
water supplies, and recreation.
``For the reasons stated above, this Department urges the city of
Devils Lake to seek alternatives to this project. This Department is
sympathetic to the desires of residents in the Devils Lake area for
meaningful flood control. However, we feel there are viable
alternatives to the proposed project, and these alternatives should be
vigorously pursued. . . .''
In other words, the North Dakota Department of Health determined
long ago that high water on Devils Lake/Stump Lake could not be
addressed by a Tolna Coulee drain into the Sheyenne River.
Continuing to study the potential problem of rising water on Devils
Lake without taking into consideration the primary cause of higher
water on the lake--upper basin drainage--is naive and unscientific.
Without dealing with closing a significant portion of the upper basin
drains--in other words, restoring wetlands--no downstream tactics will
deal effectively with the symptoms of ``flooding'' on Devils Lake.
While the storage issue has within it several political and
economic difficulties, those have to be met seriously, honestly and
forthrightly for long-term action to be meaningful.
People to Save the Sheyenne has a continuing interest in
legislation pertaining to actions taken that will impact the Sheyenne
River, so please inform our organization whenever pertinent legislation
is being considered--by this or other committees. Members of our
organization will always be willing to present testimony if notified in
a timely manner.
Senator Dorgan. I did not--and should have--introduced
Roger Cockrell, who sits behind me, at the start of this
hearing. Roger is the staff director, for me, dealing with
water issues on the Energy and Water Subcommittee. He knows
more about every water project in the United States of America
than almost any other person in this country, and he does an
outstanding job working with me on all of the water projects
across the country.
We have a number of State legislators present. State
Representative Arnold Schmidt is here. Arnold, would you wave?
Over there. State Representative Curt Hofstad, State
Representative Dennis Johnson, and State Senator Dave Elke. We
thank all of you for being present. And obviously, the State
legislature and State government have a significant role to
play, and have played a role, in these issues.
Let me also begin a series of questions. Then I will call
on Congressman Pomeroy for a series of questions, as well.
LEVEE DESIGN
First, let me start with you, General Walsh. We refer to
these as ``levees'' around Devils Lake, yet they have water
against them 24 hours a days, 7 days a week. The structures, it
seems to me, act more like dams. Were these structures designed
as levees or designed as dams?
General Walsh. You're right, I think we call them
``levees,'' and that's really a misnomer. They were designed
with dam safety criteria, so they do have rock revetments,
riprap, they do have----
Senator Dorgan. So, they're designed, essentially, more
than levees, they're designed as dams. Let me ask you about the
equalization levels between Stump Lake and Devils Lake. And
could you lift that more closely when you respond--perhaps just
lift it up and speak into the microphone? How has the
equalization of Devils Lake and Stump Lake affected the
determination of the 100-year flood elevation for Devils Lake?
The reason that's important is that will determine whether
people have to buy flood insurance in the future.
General Walsh. Yes, sir, that is very important, and
certainly has caused the Federal Government to look at the
data. And USGS just reported out on their results. They said
that the 1-percent estimate would be at elevation 1,454.6, and
we're going to be taking that data and looking at what we have
in regard to the embankments, and finish up that analysis and
report back to FEMA, and give them a report.
Senator Dorgan. General, your analysis of projects for the
city of Devils Lake, I assume, will consider consequences for
other areas and regions here in the Devils Lake area, as well.
This is like a balloon, in many ways; you squeeze it in one
direction, and it moves in another direction. So, I assume
you're looking at: (a) ``How do you protect the larger city?''
and (b) ``What are the consequences--how do you protect other
interests in the basin?''--is that correct?
General Walsh. Yes, sir. And that's what we'll be utilizing
the $5 million that was appropriated for us to do that.
Senator Dorgan. Do you have plans in place to deal with a
catastrophic levee or dam breach, should it occur? And, in
general, what are those plans?
General Walsh. Yes, sir. The funding to raise the last
levee raise also required us to look at or continue to work
with the city on emergency action plans, and we've been doing
that. The plan covers notification and evacuation process if
there is an overtopping failure, but also if there's a non-
flood sunny-day type of failure, as well. And so, we're working
with the city on that emergency action plan.
Senator Dorgan. Chairwoman Pearson, how many acres of the
Spirit Lake Nation Reservation has the tribe lost to Devils
Lake flooding? Do you know about how many acres?
Ms. Pearson. We discussed that, I think, I believe, a
couple of weeks ago, and the acreage just keeps going up and
up. And I know out here we've got approximately--according to
the environmental assessment--745 acres, but I know it exceeds
that, and I can probably get an accurate figure from our realty
people.
[The information follows:]
I met with our Tribal & BIA Realty staff to gather the information
you requested regarding the flooding experienced at Spirit Lake for the
past decade. Though an updated estimate will be completed in February
2009, our records indicate we've lost an estimate of 8,465 acres at an
average value of $2,962,750. There was a relocation of 41 homes on
trust lands and 7 on fee lands due to the flooding. (Documentation is
on file.)
FLOOD INSURANCE
Ms. Pearson. But, that's a big concern, there, because its
trust property, we're not eligible for flood insurance or any
of those benefits. So, it's always my concern when the land is
flooded, because a lot of the folks there depend on that for
their lease income, and livelihood, as well as--a lot of them
live on their own land there.
Senator Dorgan. Does the tribe have an evacuation plan in
place should there be some sort of levee failure in this
region?
Ms. Pearson. I know somewhere back there in the audience I
have our emergency manager, and I believe they're in the last
stages of finalizing that plan.
Senator Dorgan. All right.
Mr. Hartl, you say that a permanent solution for the roads
in this region, in the event that we see this continued
flooding, could exceed $280 million. Is that correct?
ROADS
Mr. Hartl. The $280 million I referred to is the maximum
range of alternatives for the ``roads as dams'' issue alone.
The impacts of rising waters to other roads in the Devils Lake
area, even those that are at the next major point of threat--
1,455 is the level we've raised many, many routes to in this
area when they are threatened--to raise those routes that have
elevations between 1,455 and 1,460, to raise those to, say,
1,465, to be out of the impact of Devils Lake, is at least
another $250 million.
Senator Dorgan. So, you're talking about probably a half a
billion dollars, at least, and the issue of dealing with these
roads if, if you don't deal with them, you just cut off a major
part of the economy. I mean, you can't leave a region stranded,
without arteries of transportation opportunity. So, I mean,
those are staggering numbers. Tell me, what would the normal
cost-share be for State and local governments with respect to
these kinds of programs?
Mr. Hartl. Typically, in an emergency event, those very
near-term things that are dealt with in the first 180 days
after a serious flood event, are at 100 percent for the ER
funding. But by far most of these types of activities take a
lot longer than that to happen, because the projects require
huge volumes of materials and they are reimbursed at an 80-20
rate after that first 180 days.
Senator Dorgan. So, 20 percent of that could be,
presumably, local share----
Mr. Hartl. Yes, sir----
Senator Dorgan [continuing]. And----
Mr. Hartl [continuing]. Except for the federally owned
roads, which are dealt with with the ERFO funds at 100 percent.
Senator Dorgan. So, taking your larger number, of a half a
billion dollars, that's a $100 million local share. Is that
local, or local and State?
Mr. Hartl. Local and State.
Senator Dorgan. Local and State share of $100 million.
Mr. Vecchia, you indicated that your models do not take
into account any global climate-change issues. What if they
did? What's your assessment there?
CLIMATE CHANGE IMPACTS
Mr. Vecchia. Well, you're correct, we've dealt with climate
variability, not necessarily change. In this part of the
country, especially with respect to precipitation, the global
climate models are very indeterminate and really haven't seen
any agreement on what might happen to precipitation, when
that's what governs the system, essentially. So, certainly,
climate change could affect things in the future, but we really
have no idea, at this time.
Senator Dorgan. Mr. Vecchia, you gave us some pretty
ominous testimony. You said there's a 72 percent chance, I
believe, that the wet cycle would continue another decade, and
a, I believe, 37-percent likelihood it will continue for three
additional decades. The consequences of that are that with this
region already affected with soaked ground because of a wet
cycle that has lasted a couple of decades; a wet cycle means
runoff, it means additional flooding in Devils Lake, and it
means consequences for the region. You are the Federal agency
that we rely on to give estimates, but I think you've indicated
in your testimony, you don't know what's going to happen; all
you can do is use science as the best indicator of what you
think will happen. Tell me about your level of confidence that
a dry cycle won't start next year. How confident are you with
respect to these estimates?
Mr. Vecchia. I'm pretty confident in our research and the
probabilities, for instance, that there's a high likelihood
it'll go at least 10 more years. It's very unlikely it'll end
this year or next. Another issue is, we could have 3 or 4--it's
highly variable during this wet period, so we could have 3 or 4
dry years, which we did in 1988 through 1990; 3 or 4 very dry
years doesn't mean we're out of this wet cycle. So, we won't
really know, until, maybe, 5, 10 years in, that we've actually
cycled back out.
Senator Dorgan. So, you actually know when you see it in
the rearview mirror----
Mr. Vecchia. That's essentially----
Senator Dorgan [continuing]. And look back a decade or two
or three or four or five, and say, ``Here's what happened.''
Mr. Vecchia. Yes. It's not very satisfying, but--just
because of the variability of the system, it's----
Senator Dorgan. Let me observe that in your briefing
material, Mr. Vecchia, you describe fairly well into the start
of a new wet cycle, a period of time when there was formed a
committee to preserve Devils Lake, because it was dropping
precipitously. Even at that moment, on your charts, we were 8
years into a wet cycle, and you described that as an anomaly,
because the ground was parched and dry, and it took most of
that early moisture to soak the ground before it really came
all the way down from the basin. Well, I appreciate your
estimates, even if they're a bit discouraging.
FLOOD MITIGATION
Mr. Frink, you see the estimates of cost here. The next
flood mitigation steps, if we are, in fact, in a longer-term
wet cycle, will exceed previous costs, by far, and, I expect,
when I ask the mayor and the commissioner, will far exceed the
ability of local government to pay for it, because this local
government has largely spent the money it has to try to protect
itself from the flood. What is your advice, and what kinds of
counsel are you offering to the State government, and
especially the legislative branch, who will be likely having to
appropriate substantial funds for the local share, that I
assume is not going to be available locally?
Mr. Frink. Well, I really haven't thought so much about
Devils Lake. I mean, I have thought a great deal about the
water--total water load for the State of North Dakota. Clearly,
the State of North Dakota, in the last several years, has spent
a lot of money in water. We've got $52 million into Grand
Forks, we've pledged $100 million for the Red River Valley
Water Supply Project, and we're looking at upping that, as you
know. And we've got needs, significant needs, all over.
Clearly, the State is going to be asked to contribute to
the costs at Devils Lake. We don't have real good numbers, as
far as, you know, what the total cost would be, but clearly
we'll do what we can, and there is a tremendous need,
statewide, and we have to look at all of those--the whole
package.
OUTLET
Senator Dorgan. The outlet that was built, you indicate you
still have some hopes that that will be usable. At this point,
what has caused it not to be usable? And will those issues, you
think, be resolved in the future?
WATER QUALITY
Mr. Frink. I think the main reason we haven't used it as
much as we anticipate is that the water quality in the Sheyenne
River is less. We actually had a pretty good handle on the
water quality in Devils Lake, but the water quality in the
Sheyenne River is actually less and we need some of that
pressure water in the Sheyenne for mixing. I think, as Devils
Lake rises, however, the water quality will improve, and we are
looking at ways to potentially improve the water quality.
Senator Dorgan. Is the water quality on the east side of
Devils Lake worse than or more degraded than the water quality,
for example, on the west side, which I understand is quite
good?
Mr. Frink. The water quality on the east side of Devils
Lake is much worse than the water quality in the west. And I
think it's a factor of three, four, or five. So, probably the
biggest problem that you have is that we have a boundary-waters
treaty that we have to comply with, and that makes it very
restrictive. And so, if you would look at the east side, and
try and comply with that treaty, I think it would be very, very
difficult.
INFRASTRUCTURE
Senator Dorgan. Let me ask Commissioner Belford and Mayor
Bott, as well. You hear the testimony here about roads and
levees and issues that might have to be resolved and addressed,
and I hear from you, from time to time, about the financial
situation. You've already exhausted most of any discretionary
funds that are available to fight the flood. Tell me about the
financial situation of both the county and the city, to begin
in the next 2, 4, 6, 8 years, to address a potential of half a
billion dollars for roads and levees and so on.
Mr. Bott. Well, Senator, obviously this is uppermost, doing
something with the levee, but we talked about other
infrastructure, and, within the city and within the county
there are many other infrastructure needs. Unfortunately, some
of them are infrastructure needs that haven't be met, because
of the needs to do something with the levees, so in the event
that more local funding is needed, we're going to have to look
at cutting back on infrastructure costs, and certainly
infrastructure improvements, to the very least, and I'm not
sure what that would be to protect the community, protect the
residents in their own Devils Lake. That's the main priority,
and if we need to cut back on everything else, then obviously
that's what we're going to have to do.
Mr. Belford. And along with that, Senator--and I'll use the
example, Highway 57, we lost that in 1997 and 1998, which
handles about 5,000 cars a day. Use the example of my own
business. We dropped 35 to 40 percent. And many of the other
ones in town did, as well, and then, also Highway 19 going
under. So, there is a definite impact. And also, in my business
I happen to have the U-Haul franchise, so I see what's going on
in our area, coming and going. And it is very traumatic. And,
of course, with the county, we've spent a fair amount of money,
and, as you know, Federal Highway dollars are tightening up.
Hopefully be at that hearing, as Senator Conrad--or Conrad in
Minot. But, it's affecting us, it's affecting our tax base.
We're used to--all of the land that's flooded in Ramsey County
down to wasteland taxes--same way with the homes that were
moved off the lake that--they were fairly high-value taxes that
we lost. So, it has been a financial distress to the county, as
well.
Senator Dorgan. General, I know that this is your first
trip here in your current position, but I think you get a full
flavor of the potential, having heard from the Federal Highway
Administration, USGS, from the Spirit Lake Nation, and State
and local officials. I mean, this is a real dilemma. It's been
going on for years. It may go on long past our service. But,
your term is how long, General Walsh? How long are you expected
to be in this position?
General Walsh. Two, 3, 4 years, whenever the chief engineer
says it's time to move on.
Senator Dorgan. All right. Well, let me say this to you.
Hang in there. Okay?
We need some continuity. And so, just hang in there. And
we're going to need your help, a lot of help.
Odell Flaagen, who's in the audience, took me out to the
Talnacooli--what is that, 5 years ago, Odell, probably?--and
said----
Yes, I made a couple of trips, but the first one is 5 years
ago. So, Odell says, ``Well, here's something we need to do. We
need to knock down that elevation over at the Talnacooli.''
That was some years ago. Now I see that, in the Corps of
Engineers newsletter of March 2008, they're going to talk about
five things in some of the regional areas. One is to lower the
existing elevation for the current overflow of the Talnacooli.
So, when I talk about Groundhog Day, I mean, things just
keeping coming round and round. There are a lot of folks here--
a lot of folks in this audience serving on county commissions,
serving on water boards, or just interested people, that know a
lot about this region and have a lot of interesting, thoughtful
ideas, many of which are just dismissed by others. But, I think
a deep reservoir of common sense and knowledge exists here
about how to begin the ideas of addressing this issue. It's
going to take a lot of resources, a lot of patience, a lot of
time. So, General, I appreciate your coming up.
I want to turn over to Congressman Pomeroy for a series of
questions.
And I want to, again, thank all of the witnesses for
answering questions.
I'm going to be submitting--I'll probably ask a question or
two following Congressman Pomeroy, then I'm going to submit a
series of questions to each of the witnesses, as well, so that
we get a full flavor of issues dealt with at the hearing.
I did not introduce Jim Hand, who is here on behalf of
Senator Conrad. Jim is right over here. Senator Conrad was
unable to be here today.
Congressman Pomeroy?
Mr. Pomeroy. Thank you, Mr. Chairman. And I'll be brief.
This will trigger some follow up from my office to various
agencies, as well, following the hearing, but I know we're
under some time pressure to wrap this up.
General, we know that--your prior assignment, on behalf of
the United States Government, boots-on-the-ground in Iraq, and
we're thankful for your service.
General Walsh. Thank you, sir.
LOCAL LEADERSHIP
Mr. Pomeroy. We thank you, your boots-in-the-water up here
in Devils Lake, learning firsthand, even as you assume the
command based in Mississippi, what we're dealing with up here.
It's a unique problem, and I think you've got to see it to
really begin to understand it. I'm glad you had the chance to
work with some North Dakotans in Dale, especially as the deputy
commander there. You've come to know that North Dakotans, we
like to solve problems. In fact, we've had very good synergies
with the St. Paul office of the Corps, I've come to know them
as great problem-solvers, and we've had no end of problems to
try and solve, but, this one, while we can try and manage the
circumstances, the emergency du jour that the lake presents, it
is not a problem that has been solvable in the global, long-
term we're-done-with-that-one sense. So, there's a lot of
frustration, in terms of trying to deal with a problem like
this.
I think that a couple of things you could find in a problem
like this are fatigue of local leadership and complacency of a
broader political environment for a problem that goes on and
on, and doesn't go away. I'm very proud of our local leaders,
because in the face of as frustrating an issue as you could
deal with, they are absolutely steadfast. And the testimony
today, especially Joe's, shows just how completely dedicated
they are, and the kind of stubborn persistence that you've got
in local leadership, that we're going to continue to provide,
really, proactive, farsighted, deeply knowledgeable leadership
on this problem. I think you'd have a lot of people just
walking away, saying, ``This is someone else's turn.'' Not
local leadership here and it's really to be commended.
As to complacency, I am worried about this one. We haven't
heard about dramatic increases in lake levels for a couple of
years, and people may be thinking, ``Well, that seems to have
settled down.'' Of course, the harsh reality is that it's just
been filling up Stump Lake, volumes ever greater, ever greater.
I really thought, Skip, your testimony was terrific today,
in terms of giving us a picture of the tremendous volume
increases we have sustained. So, starting back in 1980, when we
had the parched soils that could take a lot, to now, when--with
Stump Lake full to the brim, is it a fair statement, Skip, that
this--by way of an analogy, if this was a bathtub, the bathtub
sits full to the brim--is that right? You got any other place
we can put some----
Mr. Vecchia. The--basin----
Mr. Pomeroy [continuing]. You got any other place----
Mr. Vecchia. Yes.
Mr. Pomeroy [continuing]. We can put water?
Mr. Vecchia. Yes. There really isn't much more place for
water to go.
Mr. Pomeroy. You know, upstream is full, soil is saturated;
Stump Lake topped; this is full. And as you assess risk
probabilities, the most significant of that, then, is you've
got an additional inflow, you hit another spurt in the wet
cycle, we're dealing with fairly--you know, a likelihood of
elevation increases of a character that's going to require a
very expensive disaster response. Is that correct?
Mr. Vecchia. That's correct.
COST ESTIMATES
Mr. Pomeroy. Dale, given your long work with this at the
commission, is it your evaluation that every response--as we
hit trigger points going north of here--and I know that's the
Corps' plan, not the State's plan--but, for all the money
that's been spent--and I know Federal Highway says they've put
in $266 million, to date--it quickly becomes, by a magnitude,
more expensive, going to higher elevation protection response,
from here, is that correct?
Mr. Frink. Yes, absolutely. You know, our numbers are
showing when you add everything up, we're well over $500
million, and that's at $266 million. It's like the Devils Lake
waterline, it's the outlet, and it's the dike around Devils
Lake. And the dike around Devils Lake is going to be--the next
raise is going to be, I think, more expensive than the first--
and were two or three different raises. And so, I think the
next raise is going to probably be more expensive than all the
others put together, just because of the length of it and the
height and everything that we have to deal with. So, yes, it's
just getting more and more expensive.
Another huge impact that we have to consider--and that's
over in that map--right now, that Devils Lake is about where
that mob color is, and the green is where it gets to 1,458,
1,459. And if you look at that northwest sector, that is good
farmland. And that's not even covered in these costs that we're
looking at. So, we've got some huge, huge issues here.
Mr. Pomeroy. It looks like a lake increase of about another
40 percent or so.
Mr. Frink. It is. I think it's, like, 140,000-150,000 acres
today, and that green covers 260,000. And a lot of that green
is really good farmland.
Mr. Pomeroy. The----
Senator Dorgan. Earl, could I just ask----
Mr. Pomeroy. Yes.
IMPACTS ON FARMLAND
Senator Dorgan. I'm sorry to interrupt you on that, but can
I ask a question on that point?
There are a lot of folks that have lost farmland due to
this lake, and my understanding is that at some point, the loss
of that land from the person that is owning or farming that
land, the title goes to State government. Is that correct?
Mr. Frink. Senator Dorgan, it's a temporary type of thing.
Essentially, because Devils Lake is a navigable body of water,
when the State ends up owning the bed that's under water,
however, as the lake recedes, then it goes back. So, we only
own the water--the land under the water. And we will lose that
land as soon as it--well, when the lake recedes. And it will,
at some point in time.
Senator Dorgan. But, they may be dead by then. I mean,
this----
Mr. Frink. Oh, it's going to take a long time for it to go
down.
Senator Dorgan [continuing]. This inundation could last
decades. And my question--the reason I ask the question is, if
a private landowner loses land because of inundation to the
lake--I understand the State needs to, and is legally required
to control the lake bed--but, has there been any discussion or
recommendations to the State legislature to provide some
assistance or recompense to those whose property is inundated
and is now reverted to State control or ownership--or control,
I should say?
Mr. Frink. Senator Dorgan, I'm not aware of anything that
would, say, compensate those landowners.
Senator Dorgan. Do you think it would be useful to consider
that? And--if, in fact, at some point, three or four decades
from now, that land will go back to the landowner, that
landowner may long be gone. But, I'm wondering if there
shouldn't be some mechanism in State law. This is obviously
something for the State legislators to consider. If private
land goes into State ownership with no recompense at all to the
landowner, I'm wondering whether there shouldn't be some
mechanism by which that landowner is reimbursed for that.
Mr. Frink. Well, that is something for the legislature to
take a look at, but at this point--and the $500 million does
not count any of those types of lands. And so, it is a huge
loss to a lot of people.
CONCLUSIONS
Mr. Pomeroy. I guess I would just sum up with the
conclusions I've drawn from this morning's hearing. And,
Senator Dorgan, I've found the hearing to be a very helpful
update, so many perspectives coming together.
And the basin is full, there is a high probability the wet
cycle is not over, and further response is going to be more
expensive and difficult for them. Clearly, there's a dual track
we have to go from here, and that is, certainly, that the
planning for difficult scenarios needs to really, really barrel
along. If there is some easing up within the agencies, based on
lake elevation, that's completely missing the picture up here.
We've been filling this lake right along, and there's a strong
chance we're going to have to be moving into areas we never
wanted to move into, in terms of disaster response. We've got
to have the plans. We've got to be offset.
A second track is one that I'll accept, as a Representative
of North Dakota in Congress, and that is, we've got to begin
conditioning our colleagues that this is, as Joe Belford said,
a slow-moving accident, a slow-motion accident, and it
continues. We've had a fair amount of national press. Nothing
for a year or two, but, that doesn't mean we're not about to be
requiring substantial commitment of additional Federal
resources here, and we should probably wage a major educational
campaign this year in anticipation of having to come back
earnestly for serious dollars down the road.
Is there any response to these observations before I yield
back? Yes?
GROUNDWATER
General Walsh. Senator and Congressman, there's one area
that we've not talked about today that I have a lot of great
concern for. And as the lake continues to grow, if it does--the
groundwater issue. And my home in the basin is at 1,457, and
I'm running three sump pumps. And we have all seen what has
happened around the area. And if the pressure on that lake
bed--and I don't know a whole lot about that kind of hydrology,
but I know that the more pressure that goes on that lake bed,
the bigger it gets, it's going to start--more groundwater. And
if that starts, I'm not sure what we do. And so, it's so
important that we either find a way to move some water out of
here, whether it's on the east end, more on the west end,
treatment plant, whatever, we have to look at all the options,
because soon it's going to consume us, one way or the other.
Mr. Pomeroy. Well, we remember, in the earlier going, the
hydrostatic pressure virtually busting up basement floors.
General Walsh. That's correct. And I know a person right
now that's trying to market their home that lives out by the
levee, and their floor is heaving, and they're having trouble
getting people even interested in it.
Mr. Pomeroy. At the same time, Joe, I want to note--and I
think it's a useful thing in the record, you put in--the
fishing is better than ever, and there is an economic
opportunity this region is capturing aggressively to make the
best of a bad situation. There's an example that just sticks
vividly in my mind. Minnewaukan, which used to be 7 miles from
lake's end, General, had a little hairstyling salon you'd see
on 281, driving up. Well, for many years now, that has been a
bait and tackle shop as the water is now at the edge of that
facility, and--just an example of the local adaptation of the
economy, which I think is, again, trying to make the best of a
bad situation.
Joe?
IMPACTS ON INVESTMENT
Mr. Belford. One other concept that--I also serve on the
board of Devils Lake, the economic development board, and it's
very, very tough for us to bring anything in of any size
because of the problems that are facing us with the lake. A
major investment is almost unheard of.
Mr. Pomeroy. You made that point in infrastructure. Even
while we responded to recreational opportunity to boat ramps,
for example, where do you put them, and how--you don't--we're
really chasing a moving target here. So, permanent
infrastructure that's going to seize even the fishing
opportunity has been tricky.
Mr. Belford. Well, that's correct. But, there is a movement
ahead--forward--as a result of the task force that Bob is
chairing, and it's been turned over to Rick Anderson planning
now. And I don't know if all the resolutions are in for the
countries and the tribe yet, but to form some kind of an
authority to start to put together a recreational potential
around the lake, for ramps and RV parks and those kinds of
things, which are very much needed if we're going to continue
to make this a choice recreational area.
Mr. Pomeroy. Yes. I mean, it--the two faces of the problem.
You're planning a levee raise, and planning the new RV area----
Mr. Belford. That's right.
Mr. Pomeroy [continuing]. All at the same time. This is a
community that has not shrunk from a very difficult challenge.
I couldn't be prouder of the leadership here, and the--
basically, reflecting the, I think, strength of character of
the people who live in Devils Lake. They're not moving away,
they're dealing with this issue, and we want to be full
partners.
And, Senator Dorgan, thank you, again, for holding this
hearing.
Senator Dorgan. Congressman Pomeroy, thank you very much.
General Walsh, I have written to President Bush, about 1\1/
2\ months ago, asking him to designate a lead agency to deal
with these issues. And by that I mean not just through the end
of this year, through this administration, but we need a lead
Federal agency that says, ``Here, we're bringing together and
coordinating all of the Federal efforts.'' We have, here at the
table, Federal Highway Administration, Geological Survey,
FEMA--we have a lot of Federal agencies that come to bear on
these issues, and I hope that I'll get information from the
administration about a lead agency.
But, I think it is the case that what we hear now, and what
we know now, is that the worst isn't behind us, the worst might
yet be ahead of us if we continue to see a decade or two or
three of additional wet-cycle activities here. And so, the
question is: What do we have to do to prepare for that, to
mitigate the damages, to deal with all the consequences? And
the testimony today suggests that's going to be very expensive.
One of the reasons that I want to be attentive to this is,
in my subcommittee, where we fund the Corps of Engineers, we're
going to have to provide the funding that is necessary for you
to do your work here and to be aggressive and in front of the
curve. And so, we have a lot to think about, it seems to me.
STUMP LAKE
I guess one final question. This will be the first year in
which Stump Lake is now full. Right? Stump Lake, I think, rose
15 feet in 2 years. It quickly filled up. Had it not filled up,
I don't know exactly what would have happened to Devils Lake,
but Devils Lake would be higher than it is now. Instead, the
water went into Stump, and Stump is now full. So, we come into
a spring and summer season for the first time with Stump Lake
full, and it likely will mean an increased elevation in Devils
Lake.
Mr. Vecchia, tell us, again, what you sense might happen
this year with respect to an increased elevation.
Mr. Vecchia. Well, the Weather Service for this year, they
do a short-range prediction, and I'm not sure what they
predict. But, as far as what we found, there's a 1 percent
chance of reaching 1,452, which is, you know, 5 feet, which is
a tremendous volume of water. I think that's about 800,000
acre-feet of inflow. So, there's a chance that we could see
several feet. Not a high chance, but a relatively high risk.
Let me put it that way.
Senator Dorgan. You would expect the water level to
increase, however.
Mr. Vecchia. It should increase some, but with what's in
the basin right now, I don't think the outlook is for----
Senator Dorgan. I understand.
Mr. Vecchia [continuing]. Large increases.
Senator Dorgan. Well, I want to thank all of you for being
here and providing information and testimony. I think it, once
again, puts all the spotlights on one spot and that is this
issue of chronic flooding.
The dilemma that Congressman Pomeroy, Senator Conrad, I,
the Governor, others, have had with this issue is the local
folks understand it's happening, because they live with it
every day, but, the news of Devils Lake, when you have chronic
lake flooding, is different than the news of a river flood. A
river flood is a raging flood, and you hear it, you see it, it
takes houses and cars and destroys property quickly, and then
all of a sudden it subsides and there's this calm. You see both
sides of that on the television news.
CHRONIC FLOODING
This is a flood that's different. Lake flood is different.
It comes, and it stays. And this has been chronic flooding. And
it appears at least the likelihood is that it will get better
before--I should say, it'll get worse. It appears, based on the
testimony of Mr. Vecchia, that we are in for more runoff and a
wet cycle, and that we will have more challenges to try to
respond to it in the coming, perhaps, 10 years. So, this is not
something where you snap your finger and say, ``Here's a
solution, we'll fix it,'' and, as of next Wednesday, it's done.
That's not what this region faces.
But, I think what we do need--we've put together this task
force--Bob Vellue and my staff has been heading up a task
force--but, what we do need to convene is a task force that has
a lead Federal agency, and has, obviously, the State and local
governments, and all of us working together. We've had a lot of
cooperation from everybody for a long period of time. My
purpose in convening this hearing is to try to understand
better what we face, because a substantial portion of what we
face will have to be financed, and that's going to take a lot
of money, at some point.
I'd like to mention two other points. I'm going to recess
the hearing in a moment, and there are two other items of
business--not subcommittee business; but, my understanding is
that the Joint Water Resource Board wishes to make a
presentation. And if you'd all stay for just a moment, Mike
Connors, I think, is going to want to make a presentation. Bob
Vellue, of my staff, is retiring. He's about 94 years old or
so.
He doesn't get around much anymore, his wife retired last
year, Bob has announced he's retiring from public--from Federal
service. And so, I believe that Mike and the Joint Water Board
wishes to make a presentation to Bob Vellue. I should just say,
Bob Vellue has been an unbelievably important resource for me,
for our State, and for the Devils Lake region. I personally
very much appreciate his great work.
Following that, I want to make a presentation to a veteran.
It'll just take a moment.
But, if you will stay seated just for a moment, I'm going
to adjourn the hearing, call Mike forward for the first
presentation, after which I'll make the second presentation.
CONCLUSION OF HEARING
This hearing is recessed.
[Whereupon, at 12:15 p.m., Tuesday, March 25, the hearing
was concluded, and the subcommittee was recessed, to reconvene
subject to the call of the Chair.]
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