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The Current A Newsletter from the Department of Water Resources - June 2023 - Issue II

Andrea Travnicek, Ph.D., Director - Water Resources

With the conclusion of the 68th Legislative Assembly, the Department of Water Resources (DWR) is preparing to implement legislative initiatives and the budget for the 2023-2025 biennium. The overall budget for the biennium includes significant funding for water infrastructure projects across the state. The importance of permanent flood protection, regional and rural water supply projects, and municipal water supply and water treatment plants were recognized by the Assembly. Furthermore, intent language was included for long-term funding for large water projects for future biennia and to support putting Missouri River water to beneficial use in the state. DWR appreciates the continued support in managing the state's water resources.

Over the next two years, the optional packages for operations will be executed to provide for efficiencies and to modernize the Department through resources that include new team members, groundwater modeling software, equipment upgrades, and more real-time data collection through the PRESENS (Pushing REmote SENSors) systems. The focus will be to continue to build upon process improvements and further our knowledge of the water systems across North Dakota.

Also in the interim, DWR will continue collaborative efforts at the local, regional, state, tribal, national, and international levels. Discussions related to water management at a watershed level and identifying opportunities for aquifer recharge and storage will be a priority. Permitting reform and states’ water rights will remain a focus to ensure projects can be developed in a timely manner and to ensure North Dakota is at the table for national and international discussions that could impact the use of water in North Dakota. Recently DWR was in Washington, DC to give testimony on issues involving North Dakota.

On May 16th, I was invited to testify before the Subcommittee on Water Resources and Environment for the House Committee on Transportation and Infrastructure. The purpose of the hearing was “The Next Fifty Years of the Clean Water Act: Examining the Law and Infrastructure Completion.” I was there to provide North Dakota’s perspective related to the impacts changes in Waters of the US (WOTUS) definitions have on permitting requirements, timelines, and uncertainties related to project developments across the state. The link can be found here.

In addition, DWR was invited by Senator Cramer to testify before the subcommittee on Transportation and Infrastructure for the Senate Committee on Environment and Public Works for the hearing “To Examine Perspectives on New and Existing US Army Corps of Engineers’ Authorities to Respond to Water Management Issues Including Drought and Water Conservation.” I provided testimony related to the Snake Creek Embankment Project and discussed the importance of the Army Corps to consider all authorized purposes when reviewing options for fixing and managing the project moving forward. The Department is adamant that a structural fix is the only solution that ensures the use of the project for reliable water supply for irrigation and municipal, rural, and industrial water supplies for the future to meet promises by the federal government when the project was built in the 1960s.

Also at the Senate Hearing was Assistant Attorney General (AG), Jen Verleger, who provided testimony related to the ongoing concern of water storage contracts and water surplus associated with Lake Sakakawea management and other reservoirs across the country.

She further discussed the new committee that includes AG and Governor appointees associated with Western States to provide a mechanism for collaborative efforts for states with the Army Corps on important water management issues and decisions. The link can be found here.

DWR appreciates being able to provide North Dakota’s perspective on water management issues at the national level that can assist with future federal legislative initiatives.

As summer begins, DWR team members will be in the field and working to meet the mission and vision of the Department. DWR will be presenting at conferences, attending summer water tours, meeting with project sponsors, and providing guidance and decisions related to regulatory responsibilities. DWR is also planning for the 2025-2027 biennium. If you have any questions, concerns, or ideas related to water management and operations, don’t hesitate to reach out. Have a great summer, get out and enjoy some time on the water.

Jason Zimmerman - Mouse River Basin

“It’s so close we can almost taste it…” A phrase that is cautiously being used in north central North Dakota when the topic of Missouri River water and the completion of the Northwest Area Water Supply (NAWS) project is up for discussion. I use the word cautiously because as the residents of the Mouse River Basin are fully aware, several significant challenges had to be overcome just to get to this point.

NAWS continues to check the boxes on milestones in construction of significant components of the project and with the continued support of the Governor, Legislators, Department of Water Resources and local sponsors we have seen the Bottineau Reservoir and Pump Station, Lansford Reservoir and Pump Station, South Prairie Storage Reservoir, South Prairie Hydraulic Control Structure, Biota Water Treatment Plant – Phase I and Snake Creek Pumping Plant Intake Modifications – Contract 1 all at various stages of construction or completion in the 21-23 biennium.

The continued support of our elected leaders for the upcoming biennium will allow NAWS to move forward with the planning and construction of the Souris Reservoir and Pump Station, Inline Booster Pump Stations from Mohall to near Bowbells, Phase II of the Minot Water Treatment Plant, Phase II of the Biota Treatment Plant and into the second contract of the Snake Creek Pumping Plant Intake Modifications.

In addition, the passage of House Bill 1218 during the 2023 Legislative Assembly was also an important milestone for the project by elevating the NAWS Advisory Committee to an authority. This change will put NAWS in line with other regional projects with authorities – like Southwest Pipeline, Western Area Water Supply, and the Red River Valley Water Supply Project. House Bill 1218 increases the number of project representatives from seven to 11, so we’re excited for there to be equitable representation from all user groups.

The number of individuals who should be recognized and thanked for their tireless work and perseverance over the course of three decades is much too extensive to list but their work has made the reality of Missouri River water flowing in the NAWS pipeline, “so close we can almost taste it.”

ND Department of Water Resources Receives $892 Million Biennial Appropriation

BISMARCK - Senate Bill (SB) 2020 was signed by ND Governor Doug Burgum providing the North Dakota Department of Water Resources (DWR) with a 2023-2025 biennial appropriation of $892 million. DWR’s budget is almost entirely supported by North Dakota’s Resources Trust Fund, which is funded from 20.5 percent of the state’s oil extraction tax.

Included in this budget are dollars for regional, rural and municipal water supply projects, flood control efforts and general water management, among others.

“This historic investment in water supplies, flood control and water management will support community growth and resiliency, enable economic expansion and provide tangible benefits to North Dakotans across our state for generations to come,” Governor Doug Burgum said. “We’re deeply grateful for the work by the Legislature, DWR, State Water Commission, regional and local water managers and other stakeholders who highlighted the needs and helped to move this critical infrastructure funding across the finish line.”

SB 2020 provides:

  • $316 million for water supply grants. That includes $180 million for the Red River Valley Water Supply Project, up to $50 million for the Bismarck Water Treatment Plant and funding for other regional and municipal projects.
  • $52 million for rural water supplies.
  • $116 million for flood control projects. That includes $76.1 million for the Mouse River Enhanced Flood Protection Project, as well as additional flood protection and water conveyance projects around the state.
  • $12 million for general water management, including various studies, dam repairs and irrigation.
  • $80 million plus an additional $50 million line of credit for SWPP.
  • $36 million plus an additional $50 million line of credit for NAWS.
  • $2 million for the Devils Lake outlets and other state-owned capital assets.

“The passage of Senate Bill 2020 will provide local water managers and the agency with tremendous opportunities to develop and manage North Dakota’s water resources,” DWR Director Andrea Travnicek said. “This budget will help improve North Dakota’s resiliency to floods and droughts. It supports beneficial use of our most abundant water supply, the Missouri River. And, it allows us to work smarter and more efficiently in support of our team. As a result, North Dakotans will experience the benefits of this legislation for decades.”

In terms of staffing and professional development, SB 2020 provides $773,062 for three additional full-time team members. Additional staff will reduce delays so constituents receive permits and water appropriations in a timelier manner. There was also $80,000 included for professional development to support mentoring and training of water appropriation staff.

With regard to technology and innovation, Information Technology (IT) standardization applications and security were addressed with $5.6 million. These dollars will help to consolidate and standardize IT services under one umbrella and to support ongoing costs for services and management. The budget also includes $750,000 to expand airborne electromagnetic surveys and $95,000 for groundwater modeling and hydrologic software to identify additional opportunities for water appropriation – particularly ground water.

DWR will receive $1.6 million to expand the use of PRESENS (Pushing REmote SENSors). PRESENS delivers real-time environmental data from sensors located in remote locations to publicly accessible databases at DWR. These units improve forecasting, modeling and overall water management at a fraction of the cost of traditional data collection methods.

The original radar system in Bowman that was using 1970s technology will be replaced for $1.8 million and DWR will replace a 15-year-old drilling rig, also for $1.8 million.

The complete bill can be found here. For more information about DWR, please visit www.dwr.nd.gov.

Northwest Area Water Supply Project Advisory Committee Elevated to Authority

On April 12, Governor Burgum signed HB 1218 related to NAWS project oversight. HB 1218 elevates the current NAWS Advisory Committee to an authority and puts it in line with other regional water systems across the state.

NAWS was developed to address longstanding water supply and poor water quality problems in northern North Dakota by delivering high-quality Missouri River water to the region. Construction of NAWS began in 2002, with a main line and associated features being built between the city of Minot and Lake Sakakawea. Later in 2002, lawsuits were initiated, delaying the project until 2019. Today, construction on the NAWS project is back underway, with interim water supplies provided by the city of Minot.

“Currently, with various projects under construction that will move water from Lake Sakakawea to Minot by fall of 2024, there is a need to update and modernize the project’s oversight,” said DWR director Andrea Travnicek. “As the NAWS project progresses, it’s important to have all user groups providing project direction. The new NAWS Authority will do just that.”

Currently, the NAWS Advisory Committee consists of one person representing each of the following: Minot, water resource districts, SWC, Turtle Mountain, rural water, other municipal, Garrison Diversion Conservancy District and an at-large member.

Under the new authority, there will be four representatives from Minot and a representative from North Prairie Regional Water District, All Seasons Water Users District, Upper Souris Water District, cities other than the city of Minot with direct water service from NAWS and the State Water Commissioner representing the Souris River Basin. Nonvoting members will include representatives from the Garrison Diversion Conservancy District and the Turtle Mountain Band of Chippewa Indians.

“Proper oversight of this project is vital to its long-term success,” said Jason Zimmerman, State Water Commissioner representing the Mouse (Souris) River Basin. “81,000 North Dakotans will one day rely on this project to receive high-quality water, so it’s exciting to see ongoing progress, and an honor to represent the Water Commission on the NAWS authority.”

HB 1218 also defines the role of the SWC and directs the DWR to provide staffing and support.

This bill was introduced by Rep. Jon Nelson and co-sponsored by Reps. Dick Anderson, Jayme Davis and Matthew Ruby, and Sens. Ronald Sorvaag and Shawn Vedaa.

Evan Rogstad - Equipment Operator in the Water Appropriation Division

Evan recently joined the agency as an equipment operator in the Water Appropriation Division. He will drive a water truck, mix grout, and assist the driller as needed. He’s looking forward to meeting and working with new people.

Evan was born in North Dakota but grew up mostly in Memphis, TN. He moved back to Bismarck to be closer to his family and graduated high school there. He comes from a long line of farmers and ranchers, and his family owns a farm south of Bismarck.

He worked his way up the ladder during his time in the oil industry. He started laying pipe, then moved to the oil rigs where he was a floor hand, motor hand, and eventually a derrick hand. The derrick hand keeps pits full of the correct water/soil mixture, loads drill pipe on the catwalk, and helps manage a crew. Before leaving the oil industry, Evan was training to become a driller.

Evan is a single father to his eight-year-old son, Bryden. Evan is very happy to have a more traditional work schedule, so he can spend more time with his family.

Sam DeVries - Hydrologist in the Water Appropriation Division

Sam recently joined the agency as a hydrologist in the Appropriation Division. He helps applicants obtain permits for beneficial use of water and manages waters to ensure that rights of prior appropriators are not unduly affected. Sam is looking forward to working with a team to ensure that water is used in the best public interest. He enjoys interacting with the public and helping people who have problems that we can solve.

Sam grew up in northeastern Minnesota on the Iron Range and graduated high school in Virginia, MN. He earned a conservation degree with a minor in agricultural engineering from the University of Wisconsin - River Falls.

Before DWR, Sam worked with the North Dakota Department of Transportation as an engineer tech and surveyor. He also worked for the North Dakota Department of Environmental Quality in the National Pollutant Discharge Elimination System program.

Sam and his wife Taylor have a grumpy cocker spaniel named Hunter and spend a lot of their free time gardening, hunting, and fishing. Sam likes to cook and enjoys finishing projects on his house, garage, and vehicles.

Shana Brost - Executive Assistant in the Administration Division

Shana recently joined the agency as executive assistant to the DWR director and state engineer. She provides executive-level administrative duties to facilitate operations of the director, state engineer, and State Water Commission.

Shana grew up in Beulah, ND and graduated from Beulah High School. She earned her associate of applied science degree in human resources management from Minnesota State Community and Technical College - Moorhead.

Shana has 16 years of experience working in various administrative roles. Most recently she worked remotely for a software company as their HR manager. She developed and implemented policies, administered benefits, and processed payroll. Prior to that, she was the Mercer County auditor serving as the chief financial officer, HR director, election official, and secretary to the County Commission.

Shana and her husband Eric have three kids: Tryce (14), Brynlee (12), and Bensyn (9). She keeps very busy during the school year cheering on the kids at all their sporting events. They are active in football, basketball, volleyball, dance, and golf. Shana loves to tend to her flowers, run, hike, and spends her summers out on Lake Sakakawea with her family camping, boating, and fishing.

Yaping Chi - Water Resource Engineer in the Water Development Division

Yaping recently joined the agency as a water resource engineer in the Water Development Division. She will work on the Devils Lake outlets for flood mitigation and downstream water quality control purposes. She’ll also perform hydraulic analyses for water related projects. She will work mainly out of the DWR office in Fargo but will work in the Bismarck office for a couple of days every month.

Yaping is looking forward to working with a team to prepare engineering and feasibility reports and designs for water resource projects, and to provide technical assistance to water resource district boards.

Yaping grew up in Zhejiang Province, a coastal city on the east side of China. She earned her bachelor's degree in China and her master’s degree in civil engineering from NDSU. She worked previously at Moore Engineering in West Fargo.

Yaping and her husband Jun have a daughter and son: Evelyn (11) and Leo (8). They spend a lot of time fishing and gardening in the summer and skiing in the winter. Yaping enjoys cooking and baking in her free time.

SWC Open Position

The North Dakota State Water Commission (SWC) is looking to fill an open member position to represent the Devils Lake Basin. The term will begin immediately upon Governor appointment.

The primary function of the SWC is to review and consider cost-share requests from project sponsors seeking financial assistance from the Department of Water Resources. The SWC consists of the Governor as chairman, the Commissioner of Agriculture, and eight members from major drainage basins who are appointed by the Governor to serve six years each.

The SWC meets virtually and/or in-person for a Pre-Commission meeting in the months of January, March, May, July, September, and November. In the months of February, April, June, August, October, and December the SWC holds their regular Commission meetings in-person – typically at a location in Bismarck.

If you are interested in serving as the Devils Lake Basin representative on the SWC, click here to apply.

This person will serve the following counties:

  • Ramsey
  • Towner
  • Benson
  • Nelson
  • Pierce
  • Rolette
  • Cavalier
  • Walsh
  • Eddy (very small section of basin sits in this county)

DWR is Hiring!

Revised State Water Commission Cost-Share Program Policies to Become Effective

The Water Commission’s updated Cost-Share Project Funding Policy, Procedures, and General Requirements; and the Project Prioritization Guidance that were developed during most of 2022 became effective with the passage of SB 2020 (the DWR budget bill) on May 9, 2023.

Though there are several changes to the cost-share policy, the following are some of the most notable changes for project sponsors to be aware of:

  • Invoices that are dated one year or more before the date they are received by DWR for reimbursement are ineligible for cost-share funding. Invoices submitted by agricultural producers who have been approved for cost-share through the Drought Disaster Livestock Water Assistance Program are exempt.
  • The mandatory engineering selection process and reporting has been removed from the Cost-Share Policy. Project owners are encouraged to develop and follow a thorough selection process for selecting project engineers.
  • The project approval threshold for the SWC Secretary has been increased from $75,000 to $100,000.
  • Main Street Initiative projects are eligible for additional cost-share assistance of 10 percent beyond existing cost-share percentages, with a maximum of $250,000 in supplemental funding if additional policy requirements are met.
  • Elements of finished water storage projects that are sized in excess of the capacity necessary for peak daily consumption are ineligible for cost-share funding.
  • Basic Asset Inventory and Capital Improvement Planning is eligible for cost-share. Asset inventories and capital improvement plans will ultimately be required as part of applications for water supply project sponsors seeking construction cost-share.
  • Sponsors must submit with their applications for construction cost-share approved DWR drain, sovereign land, or construction permits if required by statute.
  • Sponsors must notify the SWC and DWR of any litigation related to their projects.
  • Local sponsors must identify with signage that the completed project was paid for through a cooperative effort with the DWR.
  • Projects that will result in FEMA accredited flood protection for communities may be exempt from the requirement of using the benefit-cost ratio as a percentage of the allowable cost-share.
  • Water retention projects may receive cost-share for up to 60 percent of eligible project costs, including purchase price of the property. No reduction in DWR cost-share percentage will occur if the project receives federal funding.
  • *Per HB 1076, rural farmstead ring dikes are now required to be permitted by DWR.

For additional details about the SWC’s Cost-Share Program policy changes, email dwrcostshare@nd.gov or call (701) 328-4989.

Burgum Signs Bill Making Tribal Nations Eligible to Enter into Cost-Share Agreements with State Water Commission

Gov. Burgum signed House Bill 1385, allowing the SWC to enter into agreements with federally recognized tribal nations, making them eligible sponsors under the DWR Cost-Share Program.

The Cost-Share Program provides state funding for water development projects, including water supplies, flood protection, and other general water management efforts.

Before the unanimous passage of HB 1385, North Dakota Century Code only allowed the SWC to enter into cost-share agreements with North Dakota political subdivisions, the federal government, other state political subdivisions and Canadian provinces. Tribal nations were not identified as an eligible partner for funding assistance.

“Providing tribal nations with the opportunity to work directly with the SWC on cost-share requests will better meet the needs of both tribal and non-tribal residents and ensure that all North Dakota citizens and communities have similar access to state resources that support local investments in critical water infrastructure,” Burgum, who chairs the SWC, said after signing the bill. “We’re grateful to the Legislature, our Department of Water Resources team and tribal leaders for their collaboration on this breakthrough legislation.”

In recent years, the SWC and DWR have seen cost-share requests submitted by Rolette County – which is a statutorily eligible partner – working cooperatively with the Turtle Mountain Public Utilities Commission (TMPUC). Through a memorandum of understanding, these two entities have been able to provide improved water quality and quantity supplies to both tribal and non-tribal North Dakota residents living within the boundaries of the Turtle Mountain Reservation. With the passage of HB 1385, federally recognized tribal nations, agencies or departments thereof, such as the TMPUC, may cooperate directly with the SWC and DWR.

“The need for critical water infrastructure exists within the boundaries of North Dakota reservations, just as that same need exists outside of tribal boundaries,” DWR director Andrea Travnicek said. “This is an incredibly important step toward providing more of North Dakota’s citizens with quality water supplies and improved resiliency to the negative effects of both flooding and drought.”

The bill was introduced by Rep. Jon Nelson and co-sponsored by Reps. Jayme Davis, Clayton Fegley, Lisa Finley-DeVille and Dennis Johnson, and Sens. Michael Dwyer, Jordan Kannianen, Donald Schaible and Ronald Sorvaag.

Updated NFIP Technical Bulletin on Building on Filled Land is Now Available

The Federal Emergency Management Agency (FEMA) has released the National Flood Insurance Program (NFIP) Technical Bulletin 10 (TB 10).

Download TB 10 here.

TB 10 provides guidance on the NFIP requirements related to determining that buildings constructed on filled land will be reasonably safe from flooding. Guidance is provided for the placement of fill and the parameters for the design and construction of buildings on filled land that has been removed from the Special Flood Hazard Area through the flood map revision process managed by FEMA.

The major updates in TB 10 include:

  • The title has been updated to, Reasonably Safe from Flooding Requirement for Building on Filled Land Removed From the Special Flood Hazard Area in Accordance with the National Flood Insurance Program.
  • The intent of TB 10, and when it is appropriate to use TB 10, has been clarified.
  • Increased emphasis on documentation needed for a local official to make the “reasonably safe from flooding” determination.
  • Additional best practices are provided.
  • Grouped and reorganization of the content discussing the Technical Approaches to Seepage Analysis in Section 9.

To learn more about the 11 NFIP Technical Bulletins, visit the FEMA National Flood Insurance Technical Bulletins.

Governor Burgum Signs Two Bills Requiring Federal Transparency Regarding North Dakota Waters

Governor Burgum signed two DWR-sponsored bills into law that require transparency and communication among federal agencies and other potentially impacted parties that manage natural resources across North Dakota. HB 1077 concerns water storage contracts for federally operated reservoirs, and SB 2097 impacts wild and scenic river designations.

HB 1077 enables the state of North Dakota to be fully aware of decisions that affect North Dakotans’ access to the state’s waters – particularly Missouri River water. The passage of this bill puts the DWR in a better position to manage the state’s water resources in the best interest of its citizens and economy.

“The Missouri River system is North Dakota’s largest and most reliable source of surface water,” said DWR Director, Andrea Travnicek. “Past decisions by the federal government have negatively impacted North Dakota water users’ ability to access Missouri River water – a resource the people of our state have a right to put to beneficial use. HB 1077 ensures that when the federal government initiates conversations related to water storage contracts that the DWR be a party to those discussions from the onset.”

SB 2097 creates a new section to chapter 61-15 of the North Dakota Century Code codifying a process that provides opportunities for state agencies, local water boards, legislators, county commissions and other stakeholders to have a seat at the table when a political subdivision engages in meetings with federal agencies with the intent of pursuing a federal wild, scenic or recreational river designation in the state under the Federal Wild and Scenic Rivers Act.

The national wild and scenic rivers system was created by Congress in 1968 to preserve certain rivers with outstanding natural, cultural and recreational values in a free-flowing condition for the enjoyment of present and future generations. Currently, 209 rivers throughout 40 states have been designated for preservation. No rivers in North Dakota have a federal wild and scenic river designation.

Protections included in wild and scenic river designations can limit the development of new dams; limit federally funded bank and channel alterations; and limit new oil, gas, and mineral development. Once these designations are in place, options for economic development, water supply and flood protection may be impacted.

“SB 2097 is, at its core, a bill that requires transparency from the federal government and a requirement of written support at the local and state levels before a federal designation is placed on our state’s rivers that may have unintended negative consequences,” Travnicek said.

SB 2097 also adds a requirement for a public hearing and requires written support from the Governor and county commission of any county impacted before a river may be designated as a wild, scenic, or recreational river under the Wild and Scenic Rivers Act.

HB 1077 was signed on March 15 and SB 2097 was signed on April 12.

DWR kiddos learning about water.

Take Your Kid to Work Day

April 27 was Take Your Kid to Work Day! The DWR teamed up with the Bank of North Dakota and Department of Financial Institutions for this fun event.

DWR taught the kids about the water cycle and water properties with hands on activities. The kids also got to run their own business by selling candy, popcorn, and beverages for (pretend) million-dollar bills. All the staff in the building appreciated the treats and the energy the children brought to the office.

The Water Journey
Congratulations Jeffrey Mattern On Your Upcoming Retirement!

Congratulations Jeffrey Mattern On Your Upcoming Retirement!

Commission Approvals

At their April 13 meeting, the State Water Commission (SWC) approved cost-share requests for multiple projects totaling $17.5 million in state funding. In addition, the SWC approved the use of an estimated $14.5 million in federal Municipal, Rural, and Industrial (MR&I) Program funding for the Northwest Area Water Supply and Eastern North Dakota Alternative Water Supply projects.

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