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a June 21st ruling, Judge Paul A. Magnuson of the U.S. District
Court of Minnesota handed a victory to the Corps of Engineers by
rejecting environmental groups' challenges to the agency's new
plan for managing the flow of the Missouri River.
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Established commerce based on goods shipped by barge on the
Missouri River may now have a reprieve from termination. |
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He said the
revised Master Water Quality Manual and the 2004 operating plan
are valid and that the agency should follow the new documents in
operating the river.Environmental groups had sued the Corps,
seeking changes in the agency's plan that they would provide more
protection for endangered bird and fish species and make the river
healthier. Conservative groups are considering whether to
appeal. The Corps issued a new Master Manual in March, the first
rewrite of the document in more than 40 years. The plan includes
spending hundreds of millions of dollars over the next 20 or 30
years for habitat restoration. Managing the nation's longest
river requires dealing with a variety of competing interests.
Those who live upstream want more water held in reservoirs to
boost recreational uses and those who live downstream want more
water released to facilitate barge traffic and support other
navigational uses. The corps said the ruling shows the agency
has balanced all the demands on Missouri River water. The
2,341-mile river flows from Montana through the Dakotas, Nebraska,
Iowa, Kansas and Missouri to St. Louis where it empties into the
Mississippi River. Environmentalists have denounced the corps
for giving preference to barge shipping downriver over creating an
ebb and flow to protect dwindling fish and bird populations. The
service said that instead of creating a more seasonal ebb and flow
to sustain fish and birds, the corps can comply with the
Endangered Species Act by building 1,200 backwater acres of pallid
sturgeon habitat by July 1st. They have been working around the
clock to complete this task (see June 10 article 'Corps hopes to
make July 1st deadline for new river habitats'). Fish and
Wildlife Service officials have not yet signed off on the corps
efforts to do so.
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