During a five-hour hearing, in a courtroom stuffed with almost two dozen lawyers, Judge Kornmann was presented with, "...motions to intervene... from everybody but the Virgin Islands, it looks like," the judge said. 

At the end of a five-hour hearing Wednesday, Kornmann issued a temporary restraining order against the corps, which had planned to lower the lake by May 15. "I'm convinced there's a threat of irreparable harm to the state of South Dakota," the judge said. "I don't believe there's any harm to the corps in granting this." 

Kornmann said it appears the Corps has given more weight to navigation, and he's bothered by that. Instead of reducing the navigation season from eight months to seven, the corps intends to sacrifice South Dakota's fish, he said. "South Dakota has sacrificed millions of acres of prime farmland for the dams and reservoirs to save lives and property in downriver states. South Dakota farmers pay higher freight rates than farmers downriver because they don't get the benefit of barge traffic"

The judge stated it appears the corps is deciding which fishery will take a hit this year to help navigation. "When is navigation going to take a hit?" Kornmann asked. 

This is a preliminary victory for South Dakota, which filed a lawsuit late last week to prevent the lake from being lowered until May 22 so rainbow smelt eggs can hatch. Smelt is a major food source for walleye and other game fish. If the water level drops, the eggs would be exposed to air and wouldn't hatch. 

Lawrence Cieslik, the corps' chief of water management in the Missouri River basin, said the agency had decided to lower Oahe soon because low water levels down river will inhibit barge navigation. Low river levels also could be bad for the environment, electrical generation and endangered species, he said. 

Lawyers John Guhin and Charles McGuigan of the South Dakota attorney general's office wanted to address numerous reservoirs at Wednesday's hearing but Kornmann limited it to Oahe. Of the two dozen lawyers present, only five were allowed to participate in the hearing. The judge also refused to hear from any downstream parties who had filed motions to intervene because it would delay the proceedings. Officials from several downriver interests told Kornmann they want to be included in the next hearing. The judge said he'll decide that today. 

Cheryl Schrempp Dupris of the U.S. Attorney's Office, representing the Corps of Engineers, said it would be impossible to adopt South Dakota recommendations on Oahe without hurting navigation. "Our contention is it will do significant harm," she said. After questioning, another lawyer in attendance representing the corps said he expects the agency to appeal Kornmann's ruling. 

The issue is far from settled. It will be argued further next Thursday at a 1:30 p.m. hearing to consider South Dakota's request for a preliminary injunction that also would delay the lowering of other reservoirs in the state. That hearing could last two days.