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34 <br /> <br />surpassed in many communities in recent years all over the country. And importantly for ND entities, <br />this higher risk, less protection project will cost approximately $350-400 million more. <br />The 7C option example represents a significant compromise by all. If much more is required by <br />MNDNR, it may incentivize the Diversion Authority to spend 18 months continuing litigation rather <br />than spend $500 million or more in additional concessions. While I respect the Court's preliminary <br />injunction and the resulting push to settle this dispute, I believe the chance that a permanent injunction <br />would be issued or be upheld on appeal is uncertain. The Corps of Engineers builds projects across <br />the country using this same arrangement, each of which will be compromised if the Court issues a <br />permanent injunction. When imposing its preliminary injunction, the Court held that the Corps' <br />arrangement was a federal scheme where the sponsor agreed to comply with state permitting, with the <br />Court questioning whether to hold them to it. If upheld, this purported federal scheme provides an <br />inordinate amount of power to local governments since the JPA argued that MNDNR cannot issue a <br />permit if a project violates a city or township's ordinance (i.e., the Holy Cross township ordinance that <br />was passed to stop this project). If taken to its logical extreme, in order for a permanent injunction <br />to be imposed, a Court would have to find that Congress intended that this federal scheme would be <br />vulnerable to wasting millions of dollars of federal investment and time if a local government passed <br />an ordinance during project development that prohibited the project. The very concept of federal <br />sovereign immunity allows the Corps to develop projects without being subjected to a plethora of <br />lawsuits by project opponents or by local governments that deny permits for or spot zone to prohibit <br />an unpopular project. If a permanent injunction were issued, it would mark a significant shift away <br />from federal sovereignty and could compromise thousands of federal projects across the country. My <br />point is not to predict the outcome of the merits of a permanent injunction, but to underscore that <br />there is incentive for the MNDNR to be reasonable, and for the JPA to engage in settlement <br />discussions. <br />The metro area needs flood protection, like other Red River Valley cities have enjoyed without this <br />level of regulatory intervention or required mitigation. The Diversion Authority suggested <br />numerous concessions in hopes of finding a permittable project. If the Diversion Authority is met <br />with too hard a line, it may understandably continue litigation in order to save $350-400 million, 102 <br />homes and protect 8000 more acres. Continued litigation is expensive and risky for everyone. All <br />parties should instead choose to actively work towards a reasonable solution and find a way to <br />provide this community with affordable, feasible, permittable flood protection. <br /> <br />John Strand- Fargo City Commissioner <br />Understanding another's perspective is usually the best means to solve a disagreement. I was honored <br />to be asked to serve on the Task Force by Governor Burgum to help bring people with diverse <br />perspectives together to find a common understanding. Together with Governor Dayton, these two <br />great leaders rose to the top -- leading the Task Force with mutual respect and poise. While the Task <br />Force pointed us in the right direction, work remains on a number of topics that will continue to <br />benefit from the leadership and guidance of the Governors and local stakeholders.