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Richland County signs memorandum to reserve 4 CFS in Red River Valley water project, pending legal review
Summary
The county agreed Dec. 17 to sign a Memorandum of Commitment reserving 4 cubic feet per second (CFS) of water for the Red River Valley Water Supply Project, contingent on approval by the county's State's Attorney; officials said the new MOC carries no near-term financial obligation and the PPA deadline is July 2025.
Richland County commissioners on Dec. 17 voted unanimously to sign a Memorandum of Commitment (MOC) reserving 4 cubic feet per second of water for the Red River Valley Water Supply Project (RRVWSP), provided the MOC is cleared by State's Attorney Kummer.
Steve Burian, representing the Lake Agassiz Water Authority, told the board the authority has rewritten its participation documents to reduce near-term risk for users. "With the new timeline, there is no financial obligation until 2028," Burian said, adding the MOC now includes an assurance policy that allows participants to withdraw later; principal payments would be reimbursed but interest and operating costs would be forfeited if a member backs out.
Burian urged the county to support reauthorization of the Dakota Water Resources Act of 2000, which he said could bring roughly $454 million in federal funding to the larger project. Dennis Miranowski said Wahpeton plans to nominate 3 CFS for industrial use and 1.5 CFS for domestic use and expected the nomination to pass at the city's next meeting.
Commissioners discussed the need to finalize a cooperative cost-allocation agreement among users before executing the project participation agreement (PPA) due in July 2025. Commissioner Perry Miller moved and Commissioner Nathan Berseth seconded the motion to sign the MOC for 4 CFS contingent on the State's Attorney's approval; the board voted unanimously.
The vote commits Richland County to a capacity reservation rather than an immediate financial outlay; commissioners directed staff to continue negotiating the cooperative agreement and to bring any required legal clarifications back to the board. The county did not adopt a cost-allocation method at the Dec. 17 meeting and said further agreements will be needed before the PPA deadline.
