After moving into executive session under Century Code sections cited in the meeting, the Lake Agassiz Water Authority returned and the Board considered a motion directing counsel to negotiate with Garrison Diversion.

The Board moved that LAWA "direct and authorize the LAWA attorney and special attorneys from Fargo, Grand Forks to work on, collaborate and developing agreements between LAWA and Garrison," including "identifying and defining the appropriate roles and responsibilities of Garrison and LAWA," the allocation of operational control, discussion of slip delivery, and establishing accountability mechanisms. The motion asked attorneys to incorporate these elements into draft agreements and report back with progress updates and recommendations.

The motion was seconded and, after a roll call, carried. One board member recorded a "no, with reservations." Staff explained the executive session was justified because open discussion could affect bargaining positions and fiscal outcomes; the legal authority cited during the meeting was recorded as Century Code sections "4,404, 19.12 and 9 and 4404, 19.2" as stated by counsel (transcript). The Board directed counsel to provide a progress report within about six weeks.