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45–211 PDF 2009

S. HRG. 110–725 

RISING WATER LEVEL OF THE DEVILS LAKE 

BASIN IN NORTH DAKOTA 

HEARING 

BEFORE A

SUBCOMMITTEE OF THE 

COMMITTEE ON APPROPRIATIONS 

UNITED STATES SENATE 

ONE HUNDRED TENTH CONGRESS 

SECOND SESSION 

SPECIAL HEARING 

MARCH 25, 2008—DEVILS LAKE, ND 

Printed for the use of the Committee on Appropriations 

( 

Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html 
(II) 

COMMITTEE ON APPROPRIATIONS 

ROBERT C. BYRD, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

PATRICK J. LEAHY, Vermont 

TOM HARKIN, Iowa 

BARBARA A. MIKULSKI, Maryland 

HERB KOHL, Wisconsin 

PATTY MURRAY, Washington 

BYRON L. DORGAN, North Dakota 

DIANNE FEINSTEIN, California 

RICHARD J. DURBIN, Illinois 

TIM JOHNSON, South Dakota 

MARY L. LANDRIEU, Louisiana 

JACK REED, Rhode Island 

FRANK R. LAUTENBERG, New Jersey 

BEN NELSON, Nebraska 

THAD COCHRAN, Mississippi 

TED STEVENS, Alaska 

ARLEN SPECTER, Pennsylvania 

PETE V. DOMENICI, New Mexico 

CHRISTOPHER S. BOND, Missouri 

MITCH MCCONNELL, Kentucky 

RICHARD C. SHELBY, Alabama 

JUDD GREGG, New Hampshire 

ROBERT F. BENNETT, Utah 

LARRY CRAIG, Idaho 

KAY BAILEY HUTCHISON, Texas 

SAM BROWNBACK, Kansas 

WAYNE ALLARD, Colorado 

LAMAR ALEXANDER, Tennessee 

CHARLES KIEFFER, Staff Director 

BRUCE EVANS, Minority Staff Director 

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

BYRON L. DORGAN, North Dakota, Chairman 

ROBERT C. BYRD, West Virginia 

PATTY MURRAY, Washington 

DIANNE FEINSTEIN, California 

TIM JOHNSON, South Dakota 

MARY L. LANDRIEU, Louisiana 

DANIEL K. INOUYE, Hawaii 

JACK REED, Rhode Island 

FRANK R. LAUTENBERG, New Jersey 

PETE V. DOMENICI, New Mexico 

THAD COCHRAN, Mississippi 

MITCH MCCONNELL, Kentucky 

ROBERT F. BENNETT, Utah 

LARRY CRAIG, Idaho 

CHRISTOPHER S. BOND, Missouri 

KAY BAILEY HUTCHISON, Texas 

WAYNE ALLARD, Colorado 

Professional Staff 

DOUG CLAPP

ROGER COCKRELL

FRANZ WUERFMANNSDOBLER

SCOTT O’MALIA (Minority) 

BRAD FULLER (Minority) 

Administrative Support 

MICHAEL BAIN
(III) 

C O N T E N T S 

Page 

Opening Statement of Senator Byron L. Dorgan .................................................. 1 

Devils Lake ............................................................................................................... 2 

Devils Lake Flooding ............................................................................................... 3 

Statement of Representative Earl Pomeroy .......................................................... 3 

Statement of Brigadier General Michael J. Walsh, Commander, Mississippi 

Valley Division, Army Corps of Engineers ......................................................... 5 

Plan for Levees ........................................................................................................ 6 

Prepared Statement of Brigadier General Michael J. Walsh .............................. 7 

Statement of Myra Pearson, Chairwoman, Spirit Lake Nation .......................... 8 

Disaster Response .................................................................................................... 8 

Prepared Statement of Myra Pearson .................................................................... 9 

Spirit Lake Tribe ..................................................................................................... 9 

Statement of Ronny J. Hartl, Assistant Division Administrator, Federal Highway Administration, Department of Transportation ........................................ 10 

Prepared Statement ......................................................................................... 11 

Background on Federal-aid Funding for Devils Lake ........................................... 12 

Implications of Continued Rising Water in the Basin on Federal-aid Eligible 

Routes ................................................................................................................... 12 

Use of Federal-aid Highways for Flood Control in the Devils Lake Basin ......... 12 

Statement of Aldo ‘‘Skip’’ Vecchia, Statistician, U.S. Geological Survey, Department of the Interior ...................................................................................... 15 

Flood of 1993 ............................................................................................................ 17 

Prepared Statement of Aldo ‘‘Skip’’ Vecchia .......................................................... 19 

Cause for Recent Flooding ...................................................................................... 20 

Past and Probable Future Climatic Conditions in the Devils Lake Basin ......... 21 

Future Flood Risk for Devils Lake ......................................................................... 23 

Statement of Dale L. Frink, State Engineer, North Dakota State Water Commission .................................................................................................................. 25 

Devils Lake Outlook ................................................................................................ 26 

Prepared Statement of Dale L. Frink .................................................................... 27 

Statement of Lonnie Hoffer, Disaster Recovery Chief, North Dakota Department of Emergency Services ............................................................................... 28 

Prepared Statement of Greg Wilz, Director, Division of Homeland Security, 

North Dakota Department of Emergency Services ........................................... 29 

Statement of Joe Belford, Commissioner, Ramsey County .................................. 30 

Negative Effects of Flooding ................................................................................... 31 

Economic Impacts of Flooding ................................................................................ 32 

Prepared Statement of Joe Belford ........................................................................ 33 

Statement of Fred Bott, Mayor, Devils Lake ........................................................ 35 

Devils Lake Community .......................................................................................... 35 

Emergency Water Project ........................................................................................ 36 

Levee System ........................................................................................................... 36 

Prepared Statement of Fred Bott ........................................................................... 37 

City’s Regional Importance ..................................................................................... 37 

Drinking Water Supply Project .............................................................................. 37 

Levee Project ............................................................................................................ 38 

Joint Water Resources Board ................................................................................. 38 

Prepared Statement of Michael Connor, Devils Lake Basin Joint Water Resource Board ......................................................................................................... 39 

Devils Lake Upper Basin Water Utilization Project ............................................. 39 

Letter From Odell Flaagan ..................................................................................... 42 

Prepared Statement of Richard Betting, Secretary, People to Save the 

Sheyenne ............................................................................................................... 42 

Levee Design ............................................................................................................ 44 
Page

IV 

Flood Insurance ....................................................................................................... 45 

Roads ........................................................................................................................ 46 

Climate Change Impacts ......................................................................................... 46 

Flood Mitigation ....................................................................................................... 47 

Outlet ........................................................................................................................ 48 

Water Quality .......................................................................................................... 48 

Infrastructure ........................................................................................................... 48 

Local Leadership ...................................................................................................... 50 

Cost Estimates ......................................................................................................... 51 

Impacts on Farmland .............................................................................................. 52 

Conclusions ............................................................................................................... 52 

Groundwater ............................................................................................................ 53 

Impacts on Investment ............................................................................................ 53 

Stump Lake .............................................................................................................. 54 

Chronic Flooding ...................................................................................................... 55 
(1) 

RISING WATER LEVEL OF THE DEVILS LAKE 

BASIN IN NORTH DAKOTA 

TUESDAY, MARCH 25, 2008 

U.S. SENATE, 

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT, 

COMMITTEE ON APPROPRIATIONS, 

Devils Lake, ND. 

The subcommittee met at 10:30 a.m., in the Memorial Building 

Auditorium, 520 4th Avenue, NE in Devils Lake, ND, Hon. Byron 

L. Dorgan (chairman) presiding. 

Present: Senator Dorgan. 

Also present: Representative Pomeroy. 

OPENING STATEMENT OF SENATOR BYRON L. DORGAN

Senator DORGAN. Good morning. The hearing will come to order, 

this morning. 

I’m Senator Byron Dorgan, and I’m chairman of the Subcommittee on Energy and Water of the U.S. Senate Appropriations 

Committee. This is a formal hearing of that subcommittee, convened here in Devils Lake, North Dakota. 

I am joined by my colleague Congressman Pomeroy, who is in the 

State this week, as well, as the House and the U.S. Senate are not 

in session this week. When I learned that he was going to be in 

this region, I wanted him to participate, as a courtesy, as a part 

of our Senate subcommittee. 

You should read nothing into this. Congressman Pomeroy is still 

a Member of the U.S. House. But, he is a tireless advocate, along 

with Senator Conrad, on these water issues, and I’m pleased to 

have him with us today. 

This hearing will take testimony on the continued flooding challenges and issues here in the Devils Lake Basin. It will consist of 

two panels. 

The first panel will consist of Brigadier General Michael Walsh, 

Commander of the Mississippi Valley Division of the Army Corps 

of Engineers; Myra Pearson, chairwoman of the Spirit Lake Nation; 

Ron Hartl, Assistant Division Administrator of the Federal Highway Administration; and Aldo ‘‘Skip’’ Vecchia, the Statistician of 

the U.S. Geological Survey. 

The second panel will consist of Dale Frink, the State engineer 

of the North Dakota State Water Commission; Mr. Lonnie Hoffer, 

who is substituting for Greg Wilz, from the North Dakota Department of Emergency Services; Mr. Joe Belford, commissioner of 

Ramsey County; and Fred Bott, the mayor of Devils Lake. 
2 

I convened this hearing because I think it’s important for us to 

start thinking about what needs to be done to protect people’s 

homes, the infrastructure, the community, the region—and our 

State, for that matter—if the water levels of Devils Lake continue 

to rise. We need a strategy in place to deal with these fluctuating 

water levels. This hearing will gather information that is critical 

to making sure the right plan is in place and making sure that the 

revenue needs that are necessary through appropriations, and that 

I can accomplish in my role as chairman of this appropriations subcommittee, can be made. 

DEVILS LAKE

Devils Lake is currently at 1,447 feet. In the past, Devils Lake 

could drain into Stump Lake, helping stave off flooding; but, now 

Stump Lake has equalized with Devils Lake. Stump Lake has risen 

15 feet in the last 2 years, and Stump Lake is now full. Devils 

Lake has been at 1,447 to 1,449 in the last couple of years; but, 

even at—maintaining at that level, the water has moved into 

Stump Lake, filling Stump Lake. So, there is nowhere, at this 

point, for water to continue to move. 

We are all thankful for the work that the Army Corps of Engineers has taken to protect this community and this region. We 

have secured about $45 million to construct six pump stations, and 

7.7 miles of levee, up to an elevation of 1,460. Additionally, $5 million was provided in last year’s emergency supplemental appropriations for the Corps to begin the planning process for the next steps, 

and they’ll begin holding some meetings in the region very soon. 

It’s estimated that it takes up to 5 years to identify alternatives, 

determine alignments, complete environmental reviews, acquire 

real estate, design, and construct, all of those issues. It’s very important for us to be well in front of this. 

Let me say that Skip, from the U.S. Geological Survey, is going 

to testify today. I read Skip’s testimony, and the U.S. Geological 

Survey is the agency we rely on to evaluate what might happen in 

the future. They’re saying there’s a 7-percent chance that the wet 

cycle that we are currently in will continue for another 10 years; 

that’s nearly a 40 percent chance it could continue for the next 30 

years. If these wet cycles continue—if we’re in a continued wet 

cycle for a decade or 3 decades and water continues to move from 

this basin down to the Devils Lake region, down to the Devils Lake 

itself, and there’s no place to move over to Stump Lake, what becomes of that water? How high does it go? What’s necessary to protect this city and this region? What if the water goes over 1,458 

or 1,459 and spills naturally over into the divide? It would meander 

through 600 miles of river throughout North Dakota and past 40 

percent of North Dakota’s population. Dissolved-solids and badquality water would be provided to 40 percent of North Dakota’s 

population. You see the problem here. 

This is a closed basin. I believe there are only two: the Great Salt 

Lake and Devils Lake. And here, we have chronic flooding, with no 

inlet and no functional outlet. Mr. Frink will probably mention that 

we have a State outlet, but it has not been able to be used. 
3 

DEVILS LAKE FLOODING

In any event, we have all of these issues that now need to be addressed even more aggressively. Because the water level has been 

largely fairly stable, between 1,447 and 1,449, I think that there’s 

been some notion of, ‘‘Well, things are okay.’’ The reason the water 

level has been stable is because that water has moved over to fill 

Stump Lake. Without Stump Lake, Devils Lake would be higher. 

And without Stump Lake in the future—and it doesn’t exist in the 

future, because it’s full—the question is, what happens here? What 

if this wet cycle continues for one or two or three decades? 

The issues are serious. The issues are compelling. It requires us 

to be well ahead of the curve, and to be planning and thinking and 

trying to evaluate what we do about all this. What do we do? Much 

of it will require money and resources. This subcommittee has an 

allocation, generally, of about $31 billion. When we mark up the 

subcommittee mark, trying to determine how we spend money, the 

question is, what’s going to be required in this region in order to 

protect people and property, and in order to respond to this issue 

of chronic lake flooding? 

That’s the reason we are here today. We will take testimony. I 

do want to say that each witness will receive 5 minutes for their 

testimony. I apologize for the brevity, but we have eight witnesses, 

and we have to complete this hearing in 2 hours. But, 5 minutes 

is a pretty good time, and then we’ll have an opportunity for questions and answers. 

I do want to point out that we are visited today by a ninth-grade 

social studies and civics class from the Devils Lake High School. 

Mr. Mike McNeff is the instructor, and this hearing will give them 

a sense of what a committee hearing might be like. 

We are also joined by the Devils Lake Middle School eighth 

grade social studies class. Mr. Joe Kalash and Mr. Tyler are the 

instructors, and Bob Gibson is the middle-school principal. We welcome all of them, as well. 

Let me call on my colleague Congressman Pomeroy. 

STATEMENT OF REPRESENTATIVE EARL POMEROY

Mr. POMEROY. Thank you, Mr. Chairman. 

Well, during the 16 years I’ve represented North Dakota in Congress, we’ve had an ever greater volume of water into the Devils 

Lake. It’s not just the lake level that’s risen. Senator Dorgan’s position in the Senate has risen to where, now, as Senate Energy and 

Water Appropriations Subcommittee Chairman, we couldn’t have a 

better-placed official with such deep personal knowledge as Byron 

when it comes to evaluating and responding in the future. 

During my first year in the Congress in 1993, began such rapid 

expansion, I remember thinking, ‘‘Man, this is one they really don’t 

teach you about in the political textbooks, how you deal with something like a closed-basin lake that continues to grow.’’ Well, we’ve 

learned, over the years, you monitor very carefully, you plan for all 

scenarios, and then you execute, based upon planning for, if not 

worst-case scenario, near-worst-case scenario. Clearly, we have 

found, just hoping things work out all right is not the way to deal 

with this problem of a closed-basin while you’re continuing to rise 
4 

in the middle of a wet cycle. So, I think that the panel and information that we’ll gather this morning is going to be extremely important, in terms of continuing this course of action. 

I also think we’ve learned that you deal with things on a multiagency cross-jurisdictional basis. The participants today remind me 

very much of the original members of the task force that was assembled during the Clinton administration to deal with Devils 

Lake in the 1990s. This lake problem hasn’t gone away. The agencies continue to be involved. We’re very grateful for that. We appreciate the fact that this hearing once again brings us all together 

so that we might learn from one another as we develop the scenario planning, going forward. 

I also want to just commend some of the local leadership that 

you’ll have a chance to hear from in the second panel. Mayor Fred 

Bott and Joe Belford, in particular, have been steadfast and nonstop, in terms of trying to shepherd the myriad of local issues that 

this situation has presented. They continue, even under difficult 

situations today, and we deeply appreciate their participation at 

this hearing. 

And, Senator Dorgan, I—you know, usually you get a—you have 

House Members aspiring to participate in the Senate hearings, but 

it’s of a different character; they want to stay there full-time. I’m 

quite happy just to come over and participate today. Senator Conrad has nothing to worry about. And I’ll be happy joining my colleagues back in the House, going forward. But it is something that 

obviously involves both chambers. Thank you for allowing House 

participation in today’s hearing. 

Senator DORGAN. Congressman Pomeroy, thank you very much. 

We appreciate it. 

General Walsh, you’re going to be the lead-off witness. Yesterday, I was asked about the Army Corps of Engineers. I said that 

it has been the most frustrating thing in the entire world, to deal 

with the Army Corps of Engineers with respect to this mismanagement of the Missouri River. It’s almost disgraceful, in my judgment. But, I said, on the other hand, to watch the Corps fight 

floods is inspiring. I’ve walked banks with the Corps. I know Congressman Pomeroy has, as well. And the flood-fighting capabilities 

of the Corps of Engineers are extraordinary. The Corps of Engineers has worked a lot in this region on the flood fight, and I admire the work that the Corps does. 

You recently assumed command of the Mississippi Valley Division, you’re not responsible for the management of the Missouri 

River, but if you see somebody that is, would you tell them how 

displeased I continue to be? 

But, in assuming command, General Walsh, of the Mississippi 

Valley Division, you’re involved in these issues in a very significant 

way, and we appreciate your being here today to discuss Devils 

Lake issues with us. We wish you well in your new assignment, 

and my expectation is that you will be acquainted with many of us 

during your assignment, for as you know from the opening statements, we have very significant issues. 

So, General Walsh, thank you for coming to Devils Lake to testify before our hearing. 
5 

Let me say, to all of the witnesses, the formal statements will be 

made a part of the permanent record, and we would encourage all 

witnesses to summarize. 

General Walsh, you may begin. 

STATEMENT OF BRIGADIER GENERAL MICHAEL J. WALSH, COMMANDER, MISSISSIPPI VALLEY DIVISION, ARMY CORPS OF ENGINEERS 

General WALSH. Yes, good morning, chairman and Mr. Pomeroy. 

I did just take command of the Mississippi Valley Division, on 

February 20; but, prior to that, I was also the commander of the 

Gulf Region Division, and part of that command was the great 

folks from the North Dakota National Guard. Colonel Dale Adams 

was my deputy commander, and we had 60 or 70 folks from the 

North Dakota Engineer Brigade assigned to my command, and I 

can tell you how proud I was to lead that bunch of men and 

women. They did a wonderful job in Iraq. 

Also, while I’m new to the Mississippi Valley Division, I’m not 

new to the Devils Lake issues. Prior to this, I was in command of 

a unit out in California, and I remember the first conversations 

that the Assistant Secretary of the Army for Civil Works, Dr. 

Westfold, had in my office. He rushed past me, grabbed the phone, 

and was talking to a number of folks on Devils Lake, so I went to 

the map and went to find it. And that was in 2000. 

In 2001–2002, I was the Chief of Staff for the Director of Civil 

Works, and obviously worked very closely with him and the division commander at that time on Devils Lake. And then General 

Flowers selected me to be the Chief of Staff for the Corps of Engineers, and I worked very closely with Chief Flowers on what he 

was doing here at Devils Lake. But, to be frank, the first time I’ve 

seen it and had my feet on the ground was last night and this 

morning. So, I’ve had my feet on the ground, and have been working the issues, at least from the Washington level, for a number of 

years. 

And certainly, for the past 3 years, during the early summers, 

Devils Lake has reached an elevation of 1,449 before leveling off 

during late summer and early fall, as flows made their way to 

Stump Lake, as you mentioned. Devils Lake is now equalized with 

Stump Lake, eliminating the available storage for large flood 

events. 

Currently, as you mentioned, both lakes are approximately 1,447 

feet, and Public Law 110–28 of the Corps of Engineers, as you mentioned, was allocated $5 million to analyze the next courses of actions, if the lake continues to rise. 

Currently, we have public meetings that are going to be scheduled in the early part of April to introduce the next effort in the 

flood risk management project, and to seek public input. The Corps 

will continue to update the public and seek input on alternatives 

as we develop the projects, and move forward. 

Part of the plan is to identify trigger points when action would 

be required. Some initial estimates suggest that the levee raise to 

protect against the ultimate lake elevation could be a cost of as 

high as $100 million. These are, of course, a very rough number, 

for planning purposes only. 
6 

We understand that the community is very concerned about 

being able to afford the local share of such a potentially large 

project, and may have to explore other alternatives for funding. 

We’ll continue to work with the city to develop the most cost-effective and safe alternatives. 

PLAN FOR LEVEES

The $5 million will provide for the development of a plan and design for the city of Devils Lake’s levees. It will also allow the Corps 

to work with other local interests to identify a plan of action for 

other communities around the lake. Outside the city of Devils 

Lake, the primary areas are—have been concerned with—is the 

Minnewaukan, Spirit Lake Nations, and Nelson County. 

We’re continuing to work with the city on their new water supply 

system. The Consolidated Appropriations Act of 2008 authorized an 

addition of North Dakota to the Ohio Environment Infrastructure 

Section 594 Program, and appropriated $5.9 million for this program. The first project will be with the city of Devils Lake, to complete the development of a well field and construct a new water 

treatment facility. The city has already constructed 32 miles of the 

new water supply lines, and plans to complete contract awards for 

the well field and work not later than June 1, 2008. And the Corps 

is currently working to sign a partner agreement with the city of 

Devils Lake for this work. 

The current water system was constructed in 1961, and now 6 

miles of that transmission line and 10 valves are under the flooded 

areas of Devils Lake. Some areas are under 40 feet of water, making access to maintenance and repair virtually impossible. Over 

7,000 people live in Devils Lake and rely on this water supply system. 

We’re continuing to work on closing out the project that raised 

the levees to their current height of 1,460. One element of the 

project is providing FEMA with a reasonable assurance that the 

embankments would safely contain the 1-percent flood elevation, as 

determined by the USGS. This is part of the process to keep the 

city out of the floodplain, outlined by FEMA flood insurance maps. 

Currently, we’re analyzing the embankments based on actual data 

collected over the past 8 to 10 years, from gauges and piezometers 

installed in the embankments. 

The Federal Highways Administration is working with Spirit 

Lake Nation and the North Dakota Department of Transportation 

to design a permanent fix to the problems of the roads that are acting as dams, that were not designed as dams, and we’re pleased 

to be part of that team, working closely with them on the—providing dam safety design and expertise. 

PREPARED STATEMENT

The citizens of this beautiful lake region have had many challenges in the past decade; and, while we all hope for an end to the 

flooding, the Corps of Engineers will continue to work together in 

partnership with the State and local agencies as long as our assistance is needed. 

Again, thank you for allowing me to testify here today, Mr. 

Chairman, and this concludes my testimony. 
7 

[The statement follows:] 

PREPARED STATEMENT OF BRIGADIER GENERAL MICHAEL J. WALSH

Chairman Dorgan and members of the subcommittee, I am honored to appear before you to report on what the Corps of Engineers is doing to address the rising lake 

levels of Devils Lake. My testimony will address the situation of Devils Lake and 

how the Corps of Engineers proposes to continue to support the people of this lake 

region. 

For the past 3 years during the early summer, Devils Lake has reached an elevation of over 1,449 feet before leveling off during late summer and early fall as 

flows made their way to Stump Lake. Devils Lake has now equalized with Stump 

Lake, eliminating available storage for large flood events. Currently, both lakes are 

at approximately 1,447 feet. In Public Law 110–28 (U.S. Troop Readiness, Veterans’ 

Care, Katrina Recovery, and Iraq Accountability Appropriations Act), the Corps was 

allocated $5 Million to analyze the next course of action if the lake continues to rise. 

Currently, public meetings are being scheduled for the early part of April to introduce this next effort in the Flood Risk Management Project and seek public input. 

The Corps will continue to update the public and seek feedback on alternatives as 

they are developed and the project progresses. Part of the plan is to identify trigger 

points when action would be required. Some initial estimates suggest that a levee 

raise to protect against the ultimate lake elevation could cost $100 million or more. 

This was a very rough number for planning purposes only. We understand that the 

community is very concerned about being able to afford the local share of such a 

potentially large project and may have to explore other alternatives for funding. We 

will continue to work with the city to develop the most cost effective, safe alternative. 

The funding will provide for the development of a plan and design for the city 

of Devils Lake levees. It will also allow for the Corps to work with local interests 

to identify a plan of action for other communities around the lake. Outside the city 

of Devils Lake, the primary areas of concern have been identified as Minnewaukan, 

Spirit Lake Nation, and Nelson County. 

We are continuing to work with the city on their new water supply system. The 

Consolidated Appropriations Act, 2008 authorized the addition of North Dakota to 

the Ohio Environmental Infrastructure section 594 program and appropriated $5.9 

million for the program. The first project will be with the city of Devils Lake to complete the development of the well field and construct a new water treatment facility. 

The city has already constructed 32 miles of new water supply line and plans to 

award contracts for the well field work not later than June 1, 2008. The Corps is 

currently developing an agreement to partner with the city of Devils Lake for this 

work. 

The current system was constructed in 1961 and now 6 miles of transmission line 

and 10 valves are under the flooded areas of Devils Lake. Some areas are under 

40 feet of water, making access for maintenance or repair virtually impossible. Over 

7,000 people live in Devils Lake and rely upon this water supply system. 

We are continuing to work on closing out the project that raised the levees to 

their current height of 1,460 feet. One element of the project is providing FEMA 

with reasonable assurance that the embankments would safely contain the 1-percent flood elevation as determined by the United States Geological Survey. This is 

part of the process to keep the city out of the floodplain outlined on FEMA flood 

insurance maps. Currently, we are analyzing the embankments based on actual 

data collected over the past 8–10 years from gauges, or piezometers, installed in the 

embankments. 

The Federal Highway Administration is working with the Spirit Lake Nation and 

North Dakota Department of Transportation to design a permanent fix to the problem of roads that are acting as dams, but were not designed as dams. We are 

pleased to be part of the team and to be able to provide dam safety design and expertise. 

The citizens of this beautiful lake region have had many challenges in the past 

decade. And while we all hope for an end to the flooding, the Corps of Engineers 

will continue to work together in our partnership with State and local agencies as 

long as our assistance is needed. 

Again, thank you for allowing me to testify here today. Mr. Chairman, this concludes my testimony. I would be happy to answer any questions you may have. 

Senator DORGAN. General Walsh, thank you very much, we appreciate your testimony. 
8 

Next, we will hear from Myra Pearson, the chairperson of the 

Spirit Lake Nation. 

STATEMENT OF MYRA PEARSON, CHAIRWOMAN, SPIRIT LAKE NATION 

Ms. PEARSON. Good morning. And I welcome you, Senator Dorgan and Congressman Pomeroy, to the lake region area. And on behalf of the Spirit Lake Nation, I welcome you. 

I thank you for this opportunity to speak here this morning. And, 

as you all know—most of you know—I was part of this team, back 

in the late 1990s, when I held this same position here for the Spirit 

Lake Nation, and it hasn’t gone away, and it’s gotten a little worse. 

And I remember—I was talking about that out here a few minutes 

ago, that I’ve seen this lake—it makes me cry when I see defeat, 

the day the roads would fall, and I know what it’s like. It’s an 

awful feeling. And I cried, that day. But, I said, I’ve seen this lake 

defeat us, and we need to abide by those laws of nature—to not 

only our Federal, our State, and our tribal laws, we need to abide 

by the laws of nature, and respect her in that way. 

And I’d like to go into my testimony. But, as chairwoman for the 

Spirit Lake Nation, the impact of flooding from the Devils Lake has 

caused a tremendous strain to the economy, programs, and people 

of Spirit Lake Reservation. Flooding has caused or compounded financial deficits for many tribal programs, including, but not limited 

to, housing, roads, emergency management, fish and wildlife, environmental protection, and tribal health. These programs are being 

forced to divert precious financial resources to respond to issues relating to flooding. 

At present, one of the biggest issues threatening the precious resources of the tribe is the flooding of Devils Lake. Primary impacts 

of ongoing flooding include, but are not limited to, reduction of usable tribal land base and accessibility to tribal buildings and housing. Ongoing flooding will further diminish portions of the tribe’s 

usable land base, thereby impacting local agriculture, property 

rights, and income from land leases. 

Land losses would be at least 745 acres of land on the Spirit 

Lake Reservation, according to the environmental assessment that 

was completed in November 2007 by the U.S. Department of Transportation. 

Additionally, accessibility to buildings such as the tribal government offices, tribal courts, tribal housing units, at least two recreational centers, and two childcare facilities would be certain. 

Negative health implications for tribal members: health implications resulting from poor sewage systems, well seepage, and basement seepage are all directly related to the ongoing flooding. The 

tribe needs resources to clean up mold, replace or improve sewage 

systems and wells, and to reduce negative impacts on water-quality 

standards. 

DISASTER RESPONSE

Inadequate disaster response in the event of a dam failure: disaster response is a paramount concern relating to the lake and the 

‘‘dams as roads’’ projects. Additional flooding would require the 

tribe to relocate tribal houses, provide emergency shelter and time-
9 

ly evacuate community members. All of these measures require 

planning and financial resources which the tribe does not have. 

Diminishment of natural resources and sacred sites: the Tribal 

Fish and Wildlife Department has been stocking waters with fish, 

and has reported concerns about the impact of flooding on water 

quality. 

Wildlife and other natural resources: these impacts directly 

interfere with the treaty rights of our tribal members, and also impact our local tourist economy in a very significant way. Additionally, tribal burial grounds and other sacred sites are likely to be 

negatively impacted by ongoing flooding. 

Safety risks for tribal members and travelers along roadways: 

driving conditions and related road conditions are problematic for 

many in North Dakota, but factor in the lake and the serious safety hazard is the result. Lives are being lost every year as a result 

of these hazardous conditions. 

Additional resources for the installation of safety devices are 

needed. Ongoing budgetary cuts for tribal road projects have made 

it impossible for the tribe to adequately maintain the existing road 

system. 

Our road system is very poor. And this is a little beyond my testimony, Senator. Our roads have taken lives every year because of 

this water. And if you look back into the histories of the Spirit 

Lake Nation, you’ll know that’s true—whether it be native or nonnative—but, that’s how dangerous the roads are. And, I think, 

today we need to do something, as far as long-range planning. 

And I want to thank you, again. And, in closing, additional financial resources are needed so the tribe can continue efforts on road 

projects that will minimize irreparable harm to tribal resources 

and assets. 

And I thank you for allowing me to speak here this morning. 

[The statement follows:] 

PREPARED STATEMENT OF MYRA PEARSON

SPIRIT LAKE TRIBE

The impact of flooding from Devils Lake has caused a tremendous strain to the 

economy, programs and people of the Spirit Lake Reservation. Flooding has caused 

or compounded financial deficits for many tribal programs including, but not limited 

to, housing, roads, emergency management, fish and wildlife, environmental protection and tribal health. These programs are being forced to divert precious financial 

resources to respond to issues relating to flooding. At present, one of the biggest 

issues threatening the precious resources of the tribe is the flooding of Devils Lake. 

Primary impacts of ongoing flooding include, but are not limited to: 

Reduction of usable tribal land base and accessibility to tribal buildings and housing 

Ongoing flooding will further diminish portions of the tribe’s usable land base 

thereby impacting local agriculture, property rights and income from land leases. 

Land losses would be at least 745 acres of land on the Spirit Lake Reservation according to the Environmental Assessment that was completed in November 2007 by 

the U.S. Department of Transportation. Additionally accessibility to buildings such 

as the tribal government offices, tribal court, tribal housing units, at least two recreational centers and two childcare facilities would be certain. 

Negative health implications for tribal members 

Health implications resulting from poor sewage systems, well seepage and basement seepage are all directly related to ongoing flooding. The Tribe needs resources 

to clean up mold, replace or improve sewage systems and wells and to reduce negative impacts on water quality standards. 
10 

Inadequate disaster response in the event of a dam failure 

Disaster response is a paramount concern relating to the lake and the dams as 

roads projects. Additional flooding would require the tribe to relocate tribal houses; 

provide emergency shelter; and timely evacuate community members. All of these 

measures require planning and financial resources, which the tribe does not have. 

Diminishment of natural resources and sacred sites 

The Tribal Fish and Wildlife Department has been stocking waters with fish and 

has reported concerns about the impact of flooding on water quality, wildlife and 

other natural resources. These impacts directly interfere with the treaty rights of 

our tribal members and also impact our local tourist economy in a very significant 

way. Additionally, tribal burial grounds and other sacred sites are likely to be negatively impacted by ongoing flooding. 

Safety risks for tribal members and travelers along roadways 

Driving conditions and related road conditions are problematic for many in North 

Dakota but factor in the lake and a serious safety hazard is the result. Lives are 

being lost every year as a result of these hazardous conditions. Additional resources 

for the installation of safety devices are needed. Ongoing budgetary cuts for tribal 

road projects have made it impossible for the tribe to adequately maintain the existing road system. 

In closing, additional financial resources are needed so the tribe can continue efforts on roads projects that will minimize irreparable harm to tribal resources and 

assets. 

Senator DORGAN. Thank you very much for your testimony. 

Next, we will hear from Ron Hartl of the Federal Highway Administration. 

Mr. Hartl, you may proceed. 

STATEMENT OF RONNY J. HARTL, ASSISTANT DIVISION ADMINISTRATOR, FEDERAL HIGHWAY ADMINISTRATION , DEPARTMENT 

OF TRANSPORTATION 

Mr. HARTL. Thank you. Thank you for the opportunity to testify 

today on Federal Highway Administration’s involvement in transportation issues in the Devils Lake impact zone. 

I was asked to address three topics: first, the FHWA response to 

disasters in the Devils Lake Basin since 1995; second, implications 

of rising water in Devils Lake Basin for Federal-aid eligible routes; 

and, finally, the status of the use of the Federal-aid highway funds 

for flood control. 

Topic one: In 1994, major routes around the perimeter of Devils 

Lake began to incur significant damage, and Federal Highway provided an initial $19 million in emergency relief, or ER, funding in 

response to damage that occurred in 1994 and 1995. From 1995 

through 2004, Federal Highway has provided a total of approximately $149 million in ER funds for State and county routes in the 

Devils Lake Basin that were eventually raised, for most highway 

grades, to approximately 1,455 feet above sea level, and for the 

structures or bridges to 1,465. Another $38 million in emergency 

relief funding specifically for federally owned roads, sometimes referred to as ERFO funding, were provided for several BIA routes 

within the Spirit Lake Nation. 

Topic two: Federal Highway works closely with numerous Federal and State/local agencies, most of which are represented here 

today, on the impacts of roads threatened by future lake rising 

waters within the basin. Using the current lake elevation—1,447— 

as a base, and using volumetric information generated by the U.S. 

Geological Survey, we can determine that the addition of approximately 800,000 acre-feet of water would take the lake elevation to 
11 

an elevation of about 1,452. Some segments of one North Dakota 

DOT route, and a few nearby BIA routes, are very near or just 

above that 1,452 elevation. These routes will be threatened with 

overtopping if they are not raised. 

Also, with a 3-foot freeboard criteria FHWA has adopted specifically for Devils Lake, many additional miles will likely become eligible for grade raises. According to the North Dakota DOT estimates, the cost to raise State segments with elevations between 

1,455 and 1,460 to an elevation of 1,465 is $250 million. The Devils 

Lake Basin could require, therefore, in a very short span of time, 

more emergency relief funding than has been invested over a 10- 

year period in the recent past. This would represent a very challenging delivery of emergency relief funding from a program authorized at $100 million annually for all emergency relief efforts 

nationwide. 

Topic three: Although roads in the Devils Lake area were not 

constructed to serve as dams, since 1995 certain State and BIA 

road segments have been functioning as dams, protecting other 

roadways, land, homes—in two specific areas—from rising waters. 

SAFETEA–LU provided FHWA with authority for protection of 

roads in the Devils Lake area, including special ER funding, not to 

exceed $10 million in expenditures per year. Approximately $7 million of the authorized total cap of $70 million has been spent on 

phase one, stabilization, and phase two, an environmental study 

and design phase. These funds were supplemented with $4.8 million in regular FHWA ER funds. The phase one project, the stabilization, was completed in November 2007. An environmental assessment, or EA, for phase two to evaluate alternatives for more 

permanent measures, including combinations of equalized roadways to act more permanently and embankments separate from 

roadways, has been completed. The public comment period closed 

this last January 28. Preliminarily estimates for costs for more permanent solutions are in excess of $280 million for protection from 

a still-water lake level of 1,460. 

PREPARED STATEMENT

FHWA is currently working with our partners to find a practicable solution to this problem. We anticipate that the permanent 

interim protective measures will be constructed in stages, in response to future lake levels and funding. Current funding provided 

by SAFETEA–LU, supplemented with other ER funds, will allow 

design and construction to create permanent impoundment structures up to an embankment elevation of 1,455, protecting the interior to a lake elevation of approximately 1,452. 

Senator Dorgan, this concludes my statement, and I thank you, 

again, for the opportunity to testify. I’ll be pleased to answer any 

questions you may have. 

[The statement follows:] 

PREPARED STATEMENT OF RONNY J. HARTL

Senator Dorgan, Ranking Member Domenici, and members of the subcommittee, 

thank you for the opportunity to testify today on the Federal Highway Administration’s (FHWA) role in addressing transportation issues on roads eligible for Federal 

aid within the impact zone of Devils Lake, a closed basin with no outlet for accumulated water other than evaporation. 
12 

I was asked to address three general topics: (1) to provide an update on what 

FHWA has delivered in response to repeated disasters in the Devils Lake Basin 

from 1995 to the present; (2) the implications of continued rising water in the Devils 

Lake Basin for routes eligible for Federal funds; and (3) the status of the use of Federal-aid Highway funds for flood control in the Devils Lake area. 

BACKGROUND ON FEDERAL-AID FUNDING FOR DEVILS LAKE

The current era of sequential damaging events affecting the Devils Lake area 

began in 1993 or shortly thereafter, when Devils Lake was at an elevation of about 

1,422 feet above sea level. Due to a wet season in 1993 and a deep snow blanket 

that accumulated in the winter of 1993–1994, major routes around the perimeter 

of Devils Lake began to incur significant damage early in the summer of 1994. Due 

to an unprecedented rise in the level of Devils Lake during a relatively short period 

of time, and the likely long-term loss of use of some major perimeter routes, FHWA 

provided an initial $19 million in Federal-aid Highways Emergency Relief (ER) 

funding to address the $23 million in damage that occurred in 1994 and 1995. In 

total, from 1995 through 2004, FHWA has provided approximately $149 million in 

ER funds for grade raises to 1,455 feet (1,465 feet on several structures) on numerous State and county routes. Another $38 million in Emergency Relief for Federally 

Owned Roads (ERFO) funding was provided for stabilization and grade raises to 

1,455 feet on several Bureau of Indian Affairs (BIA) routes within the Spirit Lake 

Nation. 

IMPLICATIONS OF CONTINUED RISING WATER IN THE BASIN ON FEDERAL-AID ELIGIBLE

ROUTES

FHWA works closely with the Spirit Lake Nation, North Dakota Department of 

Transportation (NDDOT), BIA, and the United States Army Corps of Engineers, and 

uses information from the United States Geological Survey (USGS) and the National 

Weather Service, to monitor near-term and potential longer-term impacts on roads 

threatened by future rising water levels within the Basin. The current elevation of 

Devils Lake is approximately 1,447 feet above sea level. Using that as a base and 

using volumetric information generated by the USGS, we know that the addition 

of approximately 800,000 acre-feet of water to Devils Lake would take the lake to 

an elevation of 1,452 feet. While 800,000 acre-feet of water is a huge volume, one 

must consider that the average yearly total inflow to Devils Lake over the period 

from 1993 to 2004 was 265,000 acre feet. This excludes evaporation losses which 

fluctuate annually but in some years can have a substantial impact on the lake rise. 

Of even more concern is a comparison of 800,000 acre-feet to the Devils Lake inflow 

in 1997 which was 540,000 acre-feet. 

The significance of the elevation 1,452 is that North Dakota (ND) Route 20 in 

some locations and some BIA routes within Spirit Lake Nation are very near or just 

above 1,452 feet. Thus, with an additional 800,000 acre-feet of water, these routes 

will be threatened with overtopping if they are not raised. The second important 

fact about the elevation 1,452 is that once this mark is passed, with the 3-foot 

freeboard criteria FHWA has adopted specifically for Devils Lake, many miles of 

several key routes that are currently at elevation 1,455 would likely become eligible 

for grade raises. These routes include State Routes ND 19, ND 20, ND 57 as well 

as U.S. 2 and U.S. 281 and BIA routes 1, 2, 4, 5, 6, 9, 15, 16, and some additional 

county routes. NDDOT has provided FHWA with estimates for routes under its jurisdiction (19, 20, 57, 2 and 281) to reflect costs if construction were to take place 

in 2009. The cost to raise segments with elevations currently between 1,455 and 

1,460 to an elevation of 1,465 is estimated to be over $250 million. With the addition 

of 800,000 acre-feet, the Devils Lake Basin could require, in a very short span of 

time, as much ER funding as has been invested over a 10-year period in the past. 

This would represent a very challenging delivery of ER funding from a program authorized at $100 million annually for all emergency relief efforts nationwide. 

USE OF FEDERAL-AID HIGHWAYS FOR FLOOD CONTROL IN THE DEVILS LAKE BASIN

Although roads in the Devils Lake flood area were not constructed to serve as 

dams, since 1995 certain State and BIA road segments have been functioning as 

dams. These segments are protecting other roadways, land, and homes in two specific areas from the rising water of Devils Lake. One of these segments surrounds 

the St. Michael interior area on the Spirit Lake Reservation and the other is near 

Camp Grafton, a National Guard installation. The lake has risen 13 feet since 1995, 

increasing the risk of road failure and hastening the need for a solution. 

The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) provided FHWA with authority for protection of roads in the 
13 

Devils Lake area, including special ER funding not to exceed $10 million in expenditures per year specifically for work not previously eligible for Federal-aid highway 

funding. To date, approximately $7 million of the total of $70 million authorized in 

special funding has been spent on the Phase 1 stabilization and Phase 2 environmental study and design. These funds were supplemented with $4.8 million in regular FHWA ER funds. Most of the funds were used to design and construct the 

Phase 1 project, which was a $9.6 million contract funded by FHWA and administered by the BIA and the Spirit Lake Nation, to stabilize for the short-term some 

of the roads acting as dams and embankments protecting roads. The project was 

completed in November 2007. 

With critical roadways temporarily stabilized, an Environmental Assessment (see 

attached Figure for Project Area), developed by a team led by the Central Federal 

Lands Highway Division of FHWA, evaluated alternatives to address more permanent protective measures. The Environmental Assessment for the Phase 2 project 

has been completed and the public comment period closed January 28, 2008. FHWA 

is currently working with the Spirit Lake Nation, BIA, and NDDOT to address concerns regarding the proposed alternatives in an attempt to find a practicable solution. Recently revised preliminary estimates for more permanent solutions, including combinations of equalized roadways, roadways acting as dams, and embankments separate from roads that impound water, are in excess of $280 million for 

protection from the ultimate, still water, lake level of 1,460 feet. These new estimates, bolstered to reflect safety standards for long-term water retention to meet 

current and higher lake elevations, are substantially higher than those referenced 

for the last 5 to 6 years. 
14 

We anticipate that the permanent interim protective measures will be constructed 

in stages in response to future Lake levels and funding. Current funding provided 

by section 1937 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144, 1510), and 
15 

supplemented with FHWA ER funds, will allow design and construction to create 

permanent impoundment structures or otherwise relieve the danger of unplanned 

inundation up to an embankment elevation of 1,455 feet, providing protection of the 

roadway network up to a Lake elevation of approximately 1,452 feet. 

CONCLUSION

Senator Dorgan, thank you again for this opportunity to testify. I will be pleased 

to answer any questions you may have. 

Senator DORGAN. Mr. Hartl, thank you very much for your testimony. 

Finally, on this panel, we will hear from Aldo ‘‘Skip’’—is it 

‘‘Veshia?’’ Am I pronouncing that—— 

Mr. VECCHIA. ‘‘Vecchia.’’ 

Senator DORGAN. Aldo ‘‘Skip’’ Vecchia—I’m sorry for the mispronunciation—— 

Mr. VECCHIA. Oh, that’s fine. 

Senator DORGAN [continuing]. Who is with the U.S. Geological 

Survey. 

Mr. Vecchia, you may proceed. 

STATEMENT OF ALDO ‘‘SKIP’’ VECCHIA, STATISTICIAN, U.S. GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR 

Mr. VECCHIA. Thank you. 

Chairman Dorgan and Representative Pomeroy, thank you for 

the opportunity to summarize some of my recent research on flood 

risk analysis for Devils Lake. 

This testimony is based on a USGS report which was prepared 

in cooperation with FEMA. The report can be accessed online, or 

a printed copy can be requested from me. 

Since 1992, Devils Lake has risen more than 25 feet, filling 

Stump Lake and reaching its highest level in more than 100 years. 

Devils Lake could continue to rise, causing extensive additional 

flood damage in the basin and, in the event of an uncontrolled natural spill, downstream in the Red River of the North Basin. 

Today, I will describe the cause of the recent flooding, present 

some findings regarding probable future climatic conditions in the 

Devils Lake Basin, and evaluate the probability of continued lakelevel rises in future years. 

If I could refer you to this poster showing annual precipitation— 

as shown in this figure, the Devils Lake Basin is currently in a wet 

cycle that began in about 1980. Precipitation averaged about 4 

more inches per year during 1980 to 2006 than during 1950 to 

1979, due to an increase in the frequency of summer and fall rainstorms during the latter period. 
16 

If I could refer you to this next poster, showing annual inflows— 

as shown in this figure, the increased precipitation resulted in a 

dramatic increase in inflows to Devils Lake beginning in 1993. 
17 

There was a long lag between the onset of wetter conditions and 

the more than sevenfold increase in inflow, because much of the increase in precipitation during 1980 to 1993 went toward filling soil 

moisture deficits, the upstream chain of lakes, and the thousands 

of smaller lakes and wetlands in the upper basin. Thus, little of the 

precipitation reached Devils Lake as runoff. 

FLOOD OF 1993

Then, following the summer flood of 1993, most of the lakes and 

wetlands in the upper basin were full, and inflow to Devils Lake 

increased dramatically. Because the Devils Lake Basin is so large, 

a small amount of precipitation runoff corresponds to a large volume of water reaching Devils Lake. The total inflow to Devils Lake 

and Stump Lake during 1993 to 2006 was 3.7 million acre-feet, 

which, when spread out over the entire basin, averaged only about 

1.4 inches of runoff per year. Inflow during that period exceeded 

net lake evaporation by 2.3 million acre-feet, causing the extensive 

flooding. 

The recent wet period is not unusual, from a long-term perspective. Geologic evidence suggests that wet periods similar to the current one have occurred in the Devils Lake Basin many times during the past 2,000 years. In fact, our research indicates that climate in the basin in the distant past and the near future may consist of two equilibrium states: a dry state, similar to 1950 to 1979, 

and a wet state, similar to 1980 to 2006. Transitions from wet to 

dry, or dry to wet, occur abruptly, and precipitation during wet 

states is more variable from year to year than during dry states. 
18 

The remaining length of the current wet period will have a profound effect on future lake levels. When the basin returns to normal or pre-1980 conditions, Devils Lake will probably begin a long 

decline, lasting many decades. However, if wet conditions continue, 

future inflows and lake levels will be highly uncertain because of 

high inter-annual variability in the amount, timing, and spacial 

distribution of future rainfall. As an example, if I could refer you 

to this poster, showing, just, some simulated traces of lake levels, 

potential simulated traces for the future. 

This figure shows several, out of an infinite number of possible 

future, lake-level traces, assuming the wet period lasts another 30 

years. In this case, both lake-level increases and decreases of 10 

feet or more could easily occur in the coming decades. 

How much longer the current wet cycle will last is completely 

random and unpredictable. However, our research shows it is not 

likely the current wet conditions will end anytime soon. For example, there is a 72-percent chance the wet cycle will last at least another 10 years, and a 37-percent chance it will last at least another 

30 years. 

To account for uncertainty in future climatic conditions, we estimated probabilities of future lake-level increases using a Devils 

Lake statistical simulation model. And if I could refer you to this 

next poster—as shown in this figure, our model indicates a relatively high risk of further lake-level increases occurring in future 

years. For example, there is about a 1 percent chance of exceeding 
19 

1,452 feet this year, a 10 percent chance of exceeding 1,452 feet by 

2012, and a 20 percent chance of exceeding that level by 2016. 

Also, there is a 1 percent chance of exceeding the existing spill elevation to the Sheyenne River by 2013, and a 5 percent chance of 

exceeding the spill elevation by 2034. 

PREPARED STATEMENT

Thanks, once again, for the opportunity to testify. I’ll be happy 

to answer any questions you may have. 

[The statement follows:] 

PREPARED STATEMENT OF ALDO ‘‘SKIP’’ VECCHIA

OPENING REMARKS

Thank you for the opportunity and privilege to summarize some of my recent research on flood risk analysis for Devils Lake. This statement is based on U.S. Geological Survey Scientific Investigations Report 2008–5011, ‘‘Climate Simulation and 

Flood Risk Analysis for 2008–40 for Devils Lake, North Dakota,’’ which was authored by me and prepared in cooperation with the Federal Emergency Management 

Agency. Detailed scientific justification for this statement is provided in the report 

and citations therein. The report can be accessed online (http://pubs.usgs.gov/sir/ 

2008/5011) or a printed copy can be requested by e-mail (avecchia@usgs.gov). 

INTRODUCTION

Since 1992, Devils Lake has risen more than 25 feet, filling Stump Lake and 

reaching its highest level in more than 100 years (fig. 1). Devils Lake and Stump 

Lake currently consist of one water body with an elevation of 1,447.1 feet, about 

3 feet below the existing base flood elevation established by FEMA (1,450 feet) and 

about 12 feet below the outlet elevation to the Sheyenne River (1,459 feet). Devils 

Lake could continue to rise, causing extensive additional flood damages in the basin 

and, in the event of an uncontrolled natural spill, downstream in the Red River of 
20 

the North Basin. The purpose of this testimony is to describe the cause of the recent 

flooding, present some findings regarding long-term climatic variability in the Devils 

Lake Basin, and evaluate the probability of continued lake level rises in future 

years. 

CAUSE FOR RECENT FLOODING

The Devils Lake Basin is currently in a wet cycle that began in about 1980. Precipitation averaged about 4 more inches per year during 1980–2006 than during 

1950–1979 (fig. 2). The increase occurred primarily in July–December when there 

tended to be a much higher frequency of summer and fall rainstorms during 1980– 

2006 than during 1950–1979. The increased precipitation resulted in a dramatic increase in inflows to Devils Lake beginning in 1993 (fig. 3). The long lag between 

the onset of wetter conditions in about 1980 and the more than sevenfold increase 

in inflow during 1993–2006 can be attributed to the unusual hydrologic conditions 

of the Devils Lake Basin. Much of the increase in precipitation during 1980–1993 

went toward filling soil moisture deficits, the upstream chain of lakes, and the thousands of smaller lakes and wetlands in the upper basin; thus little of the precipitation reached Devils Lake as runoff. Following the summer flood of 1993, most of the 

lakes and wetlands in the upper basin were full and inflow to Devils Lake increased 

dramatically. Because the Devils Lake Basin is so large (about 3,800 square miles), 

a small amount of precipitation runoff corresponds to a large volume of water reaching Devils Lake. Total inflow to Devils Lake and Stump Lake during 1993–2006 was 

3.7 million acre-feet, which when spread out over the entire basin averaged only 

about 1.4 inches of runoff per year. Net lake evaporation (evaporation from the lake 

minus precipitation that fell on the lake) during 1993–2006 was only 1.4 million 

acre-feet. Therefore, inflow exceeded net lake evaporation by 2.3 million acre-feet, 

causing Devils Lake to rise more than 25 feet and fill Stump Lake. 
21 

PAST AND PROBABLE FUTURE CLIMATIC CONDITIONS IN THE DEVILS LAKE BASIN

The recent wet period is not unusual from a long-term perspective. Climate reconstructions based on tree rings and lake sediments indicate that wet periods similar 

to the current one occurred in the Devils Lake Basin many times during the past 

2,000 years. In fact, our research indicates that climatic conditions in the Devils 

Lake Basin from the past 5,000 years may have consisted of two equilibrium climate 

states: a dry state similar to 1950–1979 and a wet state similar to 1980–2006. Unless future rainfall patterns are altered significantly because of climate change, the 

occurrence of any intermediate states, or more extreme dry or wet states, is unlikely. Transitions from wet to dry or dry to wet occur abruptly and precipitation 

during wet states is more variable from year to year than during dry states. 

We developed a simulation model, called a two-state climate transition model, to 

simulate long-term precipitation in the Devils Lake Basin and provide information 
22 

for determining what precipitation might be like in coming decades. These simulations do not take into account significant departures from historical trends due to 

climate change or other factors. Some of the simulated data are shown in fig. 4. 

There are 10 distinct wet periods and 10 distinct dry periods during the 1,500-year 

simulation period. The average duration of the wet periods is 30 years and the average duration of the dry periods is 120 years. However, the actual lengths of the individual periods are highly variable—wet periods ranged from 3 to 80 years in duration and the dry periods from 15 to 367 years in duration. 

The remaining length of the current wet period will have a profound effect on future lake levels. To illustrate this, we used a Devils Lake statistical simulation 

model developed by the USGS to generate potential future realizations, or traces, 

of lake levels for Devils Lake, given existing conditions on October 1, 2007. Two sets 

of simulation runs were generated by assuming a fixed duration for the wet period 

of 2 more years for the first set and 30 more years for the second set. Each trace 

was based on randomly generated possible future precipitation, evaporation, and inflow data that were consistent with the assumed duration of the wet period. The 

recorded annual maximum lake levels for 1980–2007, along with examples of 5 future lake-level traces for 2008–2040, are shown in figs. 5 and 6. The 5th and 95th 

percentiles of the generated lake levels for each year, computed from 1,000 simulated traces, also are shown. For the simulations with the wet period lasting 2 more 

years (fig. 5), simulated lake levels generally decline after the wet period ends. For 

the simulations with the wet period lasting 30 more years (fig. 6), the simulated 

lake levels are highly variable and in 2040, most of the traces are between about 

1,434 and 1,456 feet. Thus, if wet conditions continue, both lake-level increases and 

decreases of 10 feet or more could easily occur in the coming decades. 
23 

FUTURE FLOOD RISK FOR DEVILS LAKE

It is impossible to predict exactly how much longer the current wet conditions will 

last. However, we can use the climate transition model to estimate the probability 

that wet conditions will continue for any given length of time. The model indicates 

that it is not likely the current wet cycle will end any time soon. For example, there 

is a 72-percent chance the current wet cycle will last at least another 10 years, a 
24 

37-percent chance it will last at least another 30 years, and a 14-percent chance it 

will last at least another 60 years. 

Because it was impossible to predict exactly how long the current wet cycle will 

continue, a total of 10,000 simulated traces were generated from the statistical 

model as described previously, but for each trace the duration for the current wet 

period was generated at random using the climate transition model. Probabilities 

of future lake-level increases for Devils Lake were computed using the set of 10,000 

simulated traces (Table 1 and fig. 7). Each column in Table 1 shows the lake level 

that has a certain chance of being exceeded sometime between now and a specified 

future year. 

As indicated by Table 1, there is a relatively high risk of further lake level increases occurring in future years. For example, there is a 1-percent chance that Devils Lake will exceed the existing spill elevation to the Sheyenne River (1,459 feet) 

by 2013 and a 5 percent chance Devils Lake will exceed the spill elevation by 2034. 

An uncontrolled spill could have serious water quality and flooding consequences 

downstream in the Sheyenne River and the Red River of the North. There is a 10 

percent chance of exceeding 1,454.1 feet (7 feet above the current elevation) by 2016 

and a 20 percent chance of exceeding 1,454.1 feet by 2032. If that happens, the existing levee protecting Devils Lake could be threatened and many roads and buildings in the basin would be flooded. 

Although there is a relatively high risk of future lake level increases, the lake is 

by no means certain to rise more than a foot or two above the historical record level 

of 1,449.2 feet set in 2006. For example, judging by the last column of Table 1, there 

is about a 50-percent chance the lake will not exceed 1,450 feet any time between 

2008 and 2040. 

TABLE 1.—CUMULATIVE FLOOD ELEVATIONS FOR DEVILS LAKE FOR 2008–2040 

[Flood elevations are for calm conditions and open water] 

Year 

Cumulative exceedance probability, in percent 

1 5 10 20 50 

2008 ....................................................................................... 1,452.3 1,450.2 1,449.4 1,448.6 1,447.7 
25 

TABLE 1.—CUMULATIVE FLOOD ELEVATIONS FOR DEVILS LAKE FOR 2008–2040—Continued 

[Flood elevations are for calm conditions and open water] 

Year 

Cumulative exceedance probability, in percent 

1 5 10 20 50 

2009 ......................................................................................... 1,454.4 1,451.6 1,450.4 1,449.2 1,447.9 

2010 ......................................................................................... 1,456.2 1,452.8 1,451.2 1,449.8 1,448.0 

2011 ......................................................................................... 1,457.3 1,453.5 1,451.9 1,450.2 1,448.2 

2012 ......................................................................................... 1,458.2 1,454.2 1,452.5 1,450.7 1,448.3 

2013 ......................................................................................... 1,459.0 1,454.8 1,453.0 1,451.0 1,448.4 

2014 ......................................................................................... 1,459.5 1,455.3 1,453.4 1,451.3 1,448.6 

2015 ......................................................................................... 1,459.9 1,455.7 1,453.8 1,451.6 1,448.7 

2016 ......................................................................................... 1,460.2 1,456.1 1,454.1 1,451.9 1,448.8 

2017 ......................................................................................... 1,460.4 1,456.4 1,454.4 1,452.1 1,448.9 

2018 ......................................................................................... 1,460.6 1,456.7 1,454.7 1,452.4 1,449.0 

2019 ......................................................................................... 1,460.7 1,457.0 1,454.9 1,452.6 1,449.0 

2020 ......................................................................................... 1,460.8 1,457.2 1,455.1 1,452.7 1,449.1 

2021 ......................................................................................... 1,461.0 1,457.4 1,455.3 1,452.9 1,449.2 

2022 ......................................................................................... 1,461.0 1,457.6 1,455.4 1,453.0 1,449.3 

2023 ......................................................................................... 1,461.1 1,457.8 1,455.6 1,453.2 1,449.4 

2024 ......................................................................................... 1,461.2 1,457.9 1,455.7 1,453.3 1,449.4 

2025 ......................................................................................... 1,461.2 1,458.1 1,455.9 1,453.4 1,449.5 

2026 ......................................................................................... 1,461.3 1,458.2 1,456.0 1,453.6 1,449.6 

2027 ......................................................................................... 1,461.4 1,458.4 1,456.2 1,453.7 1,449.6 

2028 ......................................................................................... 1,461.4 1,458.5 1,456.3 1,453.8 1,449.6 

2029 ......................................................................................... 1,461.5 1,458.6 1,456.4 1,453.8 1,449.7 

2030 ......................................................................................... 1,461.5 1,458.6 1,456.4 1,453.9 1,449.7 

2031 ......................................................................................... 1,461.6 1,458.7 1,456.5 1,454.0 1,449.8 

2032 ......................................................................................... 1,461.6 1,458.8 1,456.6 1,454.1 1,449.8 

2033 ......................................................................................... 1,461.6 1,458.9 1,456.7 1,454.2 1,449.8 

2034 ......................................................................................... 1,461.7 1,459.0 1,456.8 1,454.2 1,449.9 

2035 ......................................................................................... 1,461.7 1,459.1 1,456.8 1,454.3 1,449.9 

2036 ......................................................................................... 1,461.7 1,459.2 1,456.9 1,454.4 1,449.9 

2037 ......................................................................................... 1,461.7 1,459.2 1,457.0 1,454.4 1,450.0 

2038 ......................................................................................... 1,461.8 1,459.2 1,457.1 1,454.5 1,450.0 

2039 ......................................................................................... 1,461.8 1,459.3 1,457.2 1,454.5 1,450.0 

2040 ......................................................................................... 1,461.8 1,459.3 1,457.3 1,454.6 1,450.0 

Senator DORGAN. Mr. Vecchia, thank you very much. 

I was going to stop and ask questions of the first panel, but what 

I’d like to do is put everything on the record and then have an extended period of time for questions. And so, I’m going to go to the 

second panel, get your testimony, and then Congressman Pomeroy 

and I will be able to ask questions of both panels. 

Let me begin the second panel with Mr. Dale Frink, the North 

Dakota State Water Commission. 

Mr. Frink, thank you for being here. And, as I indicated to the 

first panel, your entire statement will be a part of the permanent 

record, and you may summarize. 

STATEMENT OF DALE L. FRINK, STATE ENGINEER, NORTH DAKOTA 

STATE WATER COMMISSION 

Mr. FRINK. Okay. Thank you, Senator Dorgan, Congressman 

Pomeroy. It’s nice to—always—get Roger up here in North Dakota, 

but thank you for the opportunity and privilege to summarize the 

impacts of the ongoing flooding around Devils Lake and the State 

of North Dakota’s response to the flooding. 

When I say ‘‘Devils Lake,’’ I am including Stump Lake, as well 

as the lakes to the north and to the west of the main body of Devils 

Lake that have been inundated. 
26 

Since 1992, Devils Lake has risen over 25 feet and its surface 

has increased by approximately 91,000 acres, from 49,000 to 

140,000. We estimate that over $500 million has been spent fighting the Devils Lake flood. The city of Churches Ferry has been 

bought out by FEMA. Hundreds of our homes have been destroyed. 

Roads, dikes have been raised, re-raised and re-routed, and, in 

some cases, have been abandoned, and utilities have been relocated. The counties of Benson, Nelson, and Ramsey have lost thousands of acres of productive cropland, as well as much of the property tax generated by that land. 

Since May 1999, when Devils Lake began spilling into Stump 

Lake, the level of Devils Lake has varied from between 1,446 and 

1,449. Today, Devils Lake is at an elevation of approximately 

1,447; however, the volume has increased by over 460,000 acre-feet 

due to the filling of Stump Lake. This volume increase clearly indicates that the wet cycle has not ended. 

The State of North Dakota, along with the local entities, the 

Spirit Lake Nation, and the Federal Government, has taken a 

three-prong approach to responding to the flooding to Devils Lake. 

Infrastructure has been protected, modified by raising and re-raising roads, buildings, and dikes. Waterlines have been relocated, 

and homes that have been flooded and are purchased for flood insurance and other FEMA programs. In-basin water management 

efforts include the Extended-Storage Acreage Program, which pays 

landowners to store water in the basin, and the Devils Lake Irrigation Test Project which uses water in the basin to irrigate crops 

and increase the evaporation of water in the basin; and also, storing additional water in some of the upper lakes, like Sweetwater/ 

Morrison Lakes. The State Emergency Outlet has been completed 

and will discharge the maximum amount of water in 2008 allowed 

by the permits governing the operation. And, Mr. Chairman, I 

might add that the outlet is operational. We did pump, last year, 

for a small amount. We’re certainly not pumping as much as we 

would like, but we still remain optimistic that we’ll be able to use 

that outlet in the future. 

DEVILS LAKE OUTLOOK

The National Weather Service outlook for Devils Lake does provide hope that no major damages will be suffered in 2008. The outlook estimates that there is a 50 percent chance of Devils Lake 

reaching 1,447.8, and a 10 percent chance at Devils Lake of reaching 1,448.6. These elevations are equivalent to the volume increase 

of 113,000 and 232,000 acre-feet, respectively. 

It is interesting to note how perspectives have changed. We now 

think of a volume increase of 113,000 acre-feet as a good year. But, 

in the 42 years between 1950 and 1992, an inflow of 113,000 acrefeet was only exceeded three times. 

While the outlook in 2008 for Devils Lake is encouraging, the 

long-term outlook is much more discouraging. As long as we are in 

a wet cycle, there is a danger of flooding around Devils Lake. 

The USGS report that Dr. Vecchia discussed describes the wet 

period that we have been in since 1980. Unfortunately, the 27-year 

duration of the current wet period has no influence on the remaining length of the wet period. The USGS report states that there is 
27 

a 72 percent chance that the wet cycle will last another 10 years. 

Dr. Vecchia stated that there is a 1 percent chance that the lake 

will exceed 1,458 by 2012. In an elevation of 1,458, Devils Lake 

would cover an area of 260,000 acres, which is approximately 

120,000 acres more than it does today. 

At an elevation of 1,458, Highway 2 would be impacted in a number of areas, as would the Burlington Northern Railroad and Amtrak, which uses its railroad parallel to Highway 2. In addition to 

Highway 2, other roads would need to be raised, rerouted, or abandoned. Many homes and a number of recreation areas would be impacted, and utility lines would have to be rerouted. Although the 

risks of a 1 percent chance may seem low, plans must be made to 

alleviate the damages that will occur. 

The State Water Commission staff has been working with the 

city of Devils Lake and the Army Corps of Engineers and your staff 

on plans for the levee raised for Devils Lake. We need to find a solution that will not only be able to protect the city of Devils Lake, 

but will also be affordable. We also need to work with the city of 

Minnewaukan and the counties and other entities to develop contingency plans for the unprotected areas around the lake. 

Mr. Chairman, again, thank you for the opportunity to testify. 

[The statement follows:] 

PREPARED STATEMENT OF DALE L. FRINK

Senator and Chairman Dorgan and members of the subcommittee, thank you for 

the opportunity and privilege to summarize the impacts of the ongoing flooding 

around Devils Lake and the State of North Dakota’s response to the flooding. When 

I say Devils Lake, I am including Stump Lake as well as the lakes to the north 

and to the west of the main body of Devils Lake that have been inundated. 

Since 1992, Devils Lake has risen over 25 feet and its surface area has increased 

by approximately 91,000 acres from about 49,000 acres to approximately 140,000 

acres. We estimate that over $500 million has been spent fighting the Devils Lake 

flood. The city of Churchs Ferry has been bought out by the Federal Emergency 

Management Agency (FEMA), hundreds of other homes have been destroyed, roads 

and dikes have been raised, re-raised, re-routed and, in some cases, abandoned, and 

utilities have been re-routed. The counties of Benson, Nelson and Ramsey have lost 

thousands of acres of productive cropland as well as much of the property tax generated by that land. 

Since May 1999 when Devils Lake began spilling into Stump Lake, the level of 

Devils Lake has varied between 1,446 and 1,449 feet msl. Today, Devils Lake is at 

an elevation of approximately 1,447 feet msl, however, the volume has increased by 

over 462,000 acre-feet filling Stump Lake. This volume increase clearly illustrates 

that the wet cycle has not ended. 

The State of North Dakota, along with the local entities, the Spirit Lake Nation, 

and the Federal Government have taken a three-prong approach for responding to 

the flooding in the Devils Lake basin. Infrastructure has been protected or modified 

by raising and re-routing roads, buildings and raising levees, re-routing power and 

water lines, and homes that have been flooded have been purchased with flood insurance and other FEMA programs. In-basin water management efforts include the 

Extended Storage Acreage Program (ESAP), which pays landowners to store water 

in the basin; the irrigation test project, which uses water in the basin to irrigate 

crops and increase the evaporation of water in the basin reducing the inflow to Devils Lake; and, storing additional water in Sweetwater and Morrison Lakes. The 

State’s emergency outlet has been completed and will discharge the maximum 

amount of water allowed by the permits governing its operation. 

The National Weather Service outlook for Devils Lake in 2008 does provide hope 

that no major damages will be suffered. The outlook estimates there is a 50 percent 

chance of Devils Lake reaching 1,447.8 feet msl, and a 10 percent chance of Devils 

Lake reaching 1,448.6 feet msl. These elevations are equivalent to a volume increase 

of 113,000 and 232,000 acre-feet, respectively. It is interesting to note how perspective has changed—we now think a volume increase of 113,000 acre-feet is a good 
28 

year. Between the years of 1950 and 1992, the inflow to Devils Lake exceeded this 

amount only three times. 

While the outlook in 2008 for Devils Lake is encouraging, the long-term outlook 

is much more discouraging. As long as we are in the wet cycle, there is danger of 

flooding around Devils Lake. The United States Geological Survey (USGS) report 

that Dr. Vecchia discussed describes the wet period that we have been in since 1980. 

Unfortunately, the 27-year duration of the current wet period has no influence on 

the remaining length of the wet period. The USGS report states that there is a 72 

percent chance that the wet cycle will last another 10 years. 

As Dr. Vecchia stated, there is a 1 percent chance that the lake will exceed 1,458 

feet msl by 2012. At an elevation of 1,458 feet msl, Devils Lake would cover an area 

of over 260,000 acres, which is approximately 120,000 acres more than it does today. 

At an elevation of 1,458 feet msl, Highway 2 would be impacted in a number of 

areas as would the BNSF railroad and Amtrak, which uses its railroad parallel to 

Highway 2. In addition to Highway 2, other roads would have to be raised, re-routed, or abandoned. Many homes and a number of recreation areas would be impacted 

and utility lines would have to be re-routed. 

Although the risk of 1 percent may seem low, plans must be made to alleviate 

the damages that will occur. The North Dakota State Water Commission staff has 

been working with the city of Devils Lake, the U.S. Army Corps of Engineers, and 

your staff on plans for the next levee raise for the city. We need to find a solution 

that will not only be able to protect the city of Devils Lake but will also be affordable. We also need to work with the city of Minnewaukan, the counties, and other 

entities to develop contingency plans for unprotected areas around the lake. 

Thank you, again, for the opportunity to testify today. 

Senator DORGAN. Mr. Frink, thank you very much. 

Next, we will hear from Mr. Lonnie Hoffer, from the North Dakota Department of Emergency Services. 

Mr. Hoffer, you may proceed. 

STATEMENT OF LONNIE HOFFER, DISASTER RECOVERY CHIEF, 

NORTH DAKOTA DEPARTMENT OF EMERGENCY SERVICES 

Mr. HOFFER. Chairman Dorgan and Congressman Pomeroy, on 

behalf of Greg Wilz, I appreciate the opportunity to present information concerning the North Dakota Department of Emergency 

Services’ involvement in issues impacting the Devils Lake Basin. 

Since 1993, the department has managed the public assistance 

and the hazard mitigation grant programs, providing in excess of 

$37 million in disaster funding to the Devils Lake Basin. The Department of Emergency Services will continue to coordinate preparedness mitigation, response and recovery efforts in support of 

the jurisdictions in the Devils Lake Basin. 

My remarks today will focus on the planning for ‘‘roads acting as 

dams,’’ evacuation and sheltering plans, as well as a Devils Lake 

Risk Assessment Project. 

In 2005, the department employed the services of several Department of Transportation contractors, and they developed the emergency action plan for the Devils Lake roads and dikes. The plan reviews probable scenarios, and also explores the various circumstances that will affect the residents, and provides a summary 

of the suggested actions. 

Participants in that plan were the Ramsey/Benson Counties, 

Spirit Lake Nation, Department of Transportation, State Water 

Commission, North Dakota National Guard, National Weather 

Service, and the U.S. Corps of Engineers. 

The emergency plan is a part of the ‘‘roads as dikes’’ solution to 

the Federal Highway Administration’s package to receive $70 million extending for the next 5 years. Our department has evaluated 

the evacuation and sheltering plans provided by the jurisdictions, 
29 

and found them compliant with the established guidelines. And we 

continue our endeavors to complete the mass-care planning, as ongoing. 

In 2000, the department received Hazard Mitigation Grant funding for the Devils Lake Risk Assessment. That risk assessment is 

on the North Dakota State hub. And the purpose of that is to identify structure—infrastructure and properties impacted as the lake 

rises. Currently, FEMA is updating that risk assessment because 

of the new structures being put into service, and other structures 

that have been removed. 

We—I wish to thank the committee for supporting our disaster 

funding. It has been the single most critical factor in helping jurisdictions recovering from the 22 presidential disasters incurred for 

the last 15 years. I ask for your continued support for the Hazard 

Mitigation Grant funding, and encourage members to sustain funding for FEMA to maintain an aggressive mapping program for the 

Devils Lake Basin. 

Thank you. 

[The statement follows:] 

PREPARED STATEMENT OF GREG WILZ, DIRECTOR, DIVISION OF HOMELAND SECURITY, 

NORTH DAKOTA DEPARTMENT OF EMERGENCY SERVICES

Chairman Dorgan and members of the committee, I appreciate the opportunity to 

present information concerning the North Dakota Department of Emergency Service’s (NDDES) involvement with issues impacting the Devils Lake Basin. Since 1993 

NDDES has managed Public Assistance and Hazard Mitigation Grant Program 

funding in excess of $37 million for the region. The department will continue to coordinate preparedness, mitigation, response, and recovery efforts in support of jurisdictions in the Basin. My remarks today will focus on planning for roads acting as 

dams, evacuation, and sheltering as well as the Devils Lake Risk Assessment 

Project. 

In 2005, the department employed the services of two North Dakota Department 

of Transportation (NDDOT) contractors who developed the emergency plan for Devils Lake Area Roads Acting as Dams. It specifically reviews the probable emergency 

scenarios, explores how various circumstances will affect local residents and property, and presents a summary of suggested actions or concerns that may be appropriate in mitigating the effects of road dike failures. The plan serves as a guide for 

Spirit Lake Nation as well as Benson and Ramsey Counties. In April 2005, a tabletop exercise was conducted to validate the Devils Lake Area Roads Acting as Dams 

Action Plan and provided an opportunity for county and tribal governments to 

evaluate their local emergency operations plans. Participants included representatives from Ramsey and Benson Counties, Spirit Lake Nation, NDDES, NDOT, ND 

State Water Commission, ND National Guard, National Weather Service, and U.S. 

Corps of Engineers, St. Paul District. 

The Emergency Action Plan as part of the ‘‘Roads Acting as Dams’’ solution is required by the Federal Highway Administration in order to receive a $70 million 

funding package extending through the next 5 years. DES planners are working in 

concert with the NDDOT to certify local plans and are assisting Benson County, 

Ramsey County and Sprit Lake Nation officials in cross-walking their current plans 

to ensure compliance. A State functional/full scale exercise is scheduled for September 2008. The after action report will identify gaps and concerns to be addressed 

in future planning and execution efforts. 

DES evaluated evacuation and sheltering plans submitted by each of the three jurisdictions and found them compliant with established guidelines. Endeavors to 

complete mass care planning are ongoing. Further enhancements will be completed 

based upon outcomes from the September exercise. 

In 2000 the department received Hazard Mitigation Program funding for the Devils Lake Basin Risk Assessment. The project was completed and placed on the North 

Dakota GIS Hub. This mapping data is used to identify infrastructure and property 

impacted by specific lake levels. It enables emergency personnel to accurately predict damages, implement mitigation measures to prevent loss of life and property 

damage, and accomplish more effective floodplain management. Due to new and re-
30 

moved structures, the information is outdated. This year the Federal Emergency 

Management Agency (FEMA) intends to undertake a mapping project that will provide more current data delivered in a more user friendly format. 

I thank the committee for supporting disaster funding; it has been the single most 

critical factor in helping jurisdictions recover from the 22 presidential disasters incurred in the last 15 years. I ask for your continued support of Hazard Mitigation 

Grant funding and encourage members to sustain funding for FEMA to maintain 

an aggressive mapping program for the Devils Lake Basin to promote future decisionmaking based upon current and precise data. 

Senator DORGAN. Mr. Hoffer, thank you very much. 

Next, we will hear from Joe Belford, Ramsey County Commissioner. And I know that there are many county commissioners in 

the room. Mr. Belford will testify on behalf of county commissioners. 

But, Mr. Belford, also, I know that your family has suffered a recent tragedy, and I know you know this community and all here 

embrace you and extend our sympathies to you. And we appreciate 

your being here today under those conditions, our sympathies to 

you. 

STATEMENT OF JOE BELFORD, COMMISSIONER, RAMSEY COUNTY 

Mr. BELFORD. Thank you, Senator and Representative Pomeroy. 

I’m representing the interests of the entire Devils Lake Basin 

and the region and downstream, all the way to Lake Winnipeg, as 

it relates to the flooding issue and the Devils Lake outlet. I also 

run a local business in the city of Devils Lake. 

I am here before this subcommittee today to provide testimony 

regarding the impact of Devils Lake’s rise of over 25 feet over the 

past 15 years has had on the community of the basin and region. 

I also want to highlight some of the critical issues that we around 

the basin will face in the years to come if the lake rise continues. 

Through my experiences, having lived through this crisis in Devils Lake, having been an elected official for over 30 years, I am 

compelled to relate what I know to you, in the hope that you will 

see fit to continue the vital assistance that we have been receiving 

from the various Federal-agency entities since this issue came to 

the forefront, in 1993. 

To start, it is important that we give full credit to both the State 

and Federal governments, which, through hard work, long hours, 

and likely more than a little sweat, have come to our aid time and 

time again. Truly, without such help, our community would have 

been a loss a long time ago. 

It is difficult to fully express the gratitude that we feel for the 

assistance that you and the country have provided. Every time I 

see the levees that protect our homes and businesses, or the roads 

that provide for commerce, it reminds me of substantial support 

that we have received. 

In 1993, Devils Lake began its inexorable rise, taking with it 

homes, private and public lands, roads, utilities, and livelihoods. 

The lake’s rise has been fought valiantly on many fronts; but, slowly and surely, the lake has crept higher, eventually covering almost 

140,000 acres, with a volume of 2.3 million acre-feet, and rising to 

1,449.19 above sea level. Stump Lake’s rise was delayed; but, eventually, Devils Lake reached an elevation sufficient to overflow into 

it, and in 2007 the lakes’ elevations were equalized. This gave 

Stump Lake an area of 14,800 acres and a volume of 494,000 acre- 
31 

feet. Now that Stump is at the same elevation as Devils Lake, 

there is nothing to prevent the lakes from rising together in the future. 

The rise of Devils Lake and Stump Lake has been much like a 

slow-motion accident, where we in the community know what is 

happening, and can, in fact, watch it occur, but are unable to affect 

the relentless march of events. I have often said that the flooding 

we have experienced is, in many ways, worse than the flooding 

around a river. With a river, the flood peaks quickly, and then the 

water recedes, leaving devastation behind, but allowing the people 

to reclaim their lives. Although the water began its most recent 

rise around Devils Lake 15 years ago, we, today, have a lake that 

has not receded appreciably in all of that time. 

NEGATIVE EFFECTS OF FLOODING

Of negative effects that the lake has had both many and varied, 

I will touch on four broad areas of impact—human, agricultural, 

economic, and regional—in the hopes of providing you with a comprehensive view of impacts of the Devils Lake flooding. Last, I will 

touch on what we have found to be one of the main positives to 

come to our community as a result of the lake’s rise. 

The lake’s rise has had an undeniable effect upon those that live 

around it. Since 1993, the lake’s ever-expanded waters have, in fits 

and starts, swallowed up homes, roads, private/public land, and 

utilities. Losing one home is a tragedy. And, sadly, hundreds of 

homes have been lost, relocated, or burned to prevent the hazards 

in the lake. Roads which once might have been passable have either been raised, to great expense, relocated, or abandoned entirely, forcing people to traverse many extra miles in order to reach 

their jobs, fields, family, and places of commerce. In recent years, 

the people of the city of Devils Lake have been fearful of losing 

their water supply, as the pipeline that brought the city its water 

was submerged under the lake, making a threat of a pipe breach 

an insurmountable obstacle. Parks, such as Shelvers Grove and 

Grahams Island, that have benefited the community, the State, 

and the travelers from far and wide, have either been inundated 

or required repeatedly road-raises to preserve access. 

Last, one cannot minimize the specter of the fear that affects 

those citizens whose homes lay beneath the lake’s current elevation, behind the existing dike, a thin strip of rock and dirt, life 

beneath the levee causes one to always be aware that they may be 

living at risk. 

The Devils Lake region has long been known for the productivity 

of its soils. Its wheat, durum, sunflowers, canola, alfalfa, and many 

other crops that feed the Nation have been growing here since the 

settlement days. However, with the lake’s rise, thousands upon 

thousands of acres of land lie beneath the waves. In early days, 

much of the land consumed was pasture; and, in recent years—and 

if the lake continues to rise, primary cultural land will be lost. 

It is not only the farmers who have grown the world’s food since 

the pioneer days who have been affected; agriculture is the lifeblood of the region, and every acre of land lost means less business 

to the implement dealers, chemical suppliers, stores, and banks. 

Roads to market have been moved to avoid the lake, means more 
32 

money out of the farmers’ pocket to transport seed, fertilizer, fuel, 

and other crops that they produce. 

Inevitably, the lake’s rise is a significant impact that has been 

felt in the pocketbooks of the region’s citizens. For every one of the 

hundreds of families that have had to abandon or move their 

homes to escape the inexorable creep of a lake, the costs have been 

exceedingly high, in dollars and in irreplaceable memories and 

dreams of the future. 

Even if their homes were not lost, the region’s citizens are realizing that the levee that protects them may not be recertified, requiring them to purchase expensive flood insurance. The loss of 

Shelvers Grove has been a blow to the region’s economic development. Repeated threats of accessing the immensely popular Grahams Island State Park have depressed development, which has 

been a profitable and highly utilized facility for fishing, boating, 

and camping. The relocation of the grain terminal at Churchs 

Ferry is another cost borne by the community. 

ECONOMIC IMPACTS OF FLOODING

Another economic drain has been in the steadily increasing operation and maintenance expenses, to keep the critical infrastructure 

that has been built to deal with the lake’s rise, functioning. The 

threat of the loss of the National Guard camp at Camp Grafton 

training facility is another area of real concern. It provides the 

community with good citizens to fill our homes and a corresponding 

impact to the local economy. 

The city of Minnewaukan is faced with a terrible choice, to come 

up with an insurmountable sum of money to build and maintain 

a levee around the community, move the city out of the flood’s 

path, at a great cost, or abandon their homes and memories forever. 

And while the lake has certainly been a boon to the fishing and 

recreational industry, uncertainty about whether structures around 

the lake will be above the water in the future has depressed investments that would otherwise have occurred. 

A major financial strain felt by the lake’s community is in the 

local cost-share that is required in order to match the Government 

funds for raising levees, roads, and relocating water-supply pipelines. The value of that help cannot be expressed fully, but it would 

be a understatement to say that after meeting the local match on 

so many projects, so many times, it is becoming increasingly difficult and burdensome for the community to dig deeper into their 

pockets. This raises taxes on our citizens and discourages investments in new businesses. 

The community around Devils Lake has been most affected by 

the lake’s climb up till now, but it will be the entire State and region that stands to lose the most if the water continues to rise. If 

Devils Lake reaches the 1,459 foot mark, there are many serious 

threats that will present themselves. A major transcontinental U.S. 

highway will have to be relocated many miles to the north. A major 

railroad that provides a conduit for travel and commerce will be 

lost. Those trains will have to travel a far different, and already 

congested, route. One of the main electrical transmission lines that 

transfers electricity along this Nation’s already stressed power 
33 

grid, will have to be relocated at great expense. If conditions 

around the lake continue to worsen, it will require even more hard 

work and assistance to prevent what has been a slow-motion catastrophe from affecting more than the people immediately around the 

lake. 

While the lake’s spread has many negative impacts, it has not 

been without its benefits, as well. It is without question that the 

booming $40 million fishery has been a great boon to the region, 

bringing many dollars into our communities and businesses, even 

though people who chose to make their homes here, as well. Recreation is a growth industry around Devils Lake, and while the great 

unknown is where the lake will be in 20 years, we are very grateful 

that there has been a silver lining to this situation. 

To conclude, the rise of this lake and Stump Lake, unprecedented 

since settlement, has affected this community at every level, and 

that shows no signs of stopping, but costs in dollars to deal in the 

new and increasing problems will run into hundreds of millions. 

The help that the Federal Government has provided must continue 

in the future if we are to survive as a community. 

Thank you for giving me the opportunity to address you on this 

very important issue. 

[The statement follows:] 

PREPARED STATEMENT OF JOE BELFORD

My name is Joe Belford. I represent the interests of the Devils Lake basin in the 

region and downstream all the way to Lake Winnipeg, as it relates to the flooding 

issue and the Devils Lake outlet. I also run a local business, Joe’s Corner Mart, a 

gas station in the city of Devils Lake. I am here before this subcommittee today, 

to provide testimony regarding the impact that Devils Lake’s rise of over 25 feet 

over the past 15 years has had on the communities of the basin, and the region. 

I also want to highlight some of the critical issues that we in the basin will face 

in the years to come, if the lake’s rise continues. Through my experiences of having 

lived through this crisis in Devils Lake, and having been an elected official for over 

30 years, I am compelled to relate what I know to you, in the hope that you will 

see fit to continue the vital assistance that we have been receiving from many various Federal entities since this issue came to the forefront in 1993. 

To start, it is important that I give full credit to both the State and Federal governments, which through hard work, long hours, and likely more than a little sweat, 

have come to our aid, time and time again. Truly, without such help our community 

would have been lost a long time ago. It is difficult to fully express the gratitude 

that we feel for the assistance that you and the country have provided. Every time 

I see the levee that protects our homes and businesses, or the roads that provide 

for commerce, it reminds me of the substantial support that we have received. 

In 1993, Devils Lake began its inexorable rise, taking with it, homes, private and 

public land, roads, utilities, and livelihoods. The lake’s rise has been fought valiantly on many fronts, but slowly and surely, the lake has crept higher, eventually 

covering almost 140,000 acres, with a volume of 2.7 million acre-feet, and rising to 

1,449.19 feet above mean sea level (amsl). Stump Lake’s rise was delayed, but eventually Devils Lake reached an elevation sufficient to overflow into it, and in 2007, 

the lake’s elevations were equalized. This gave Stump Lake an area of 14,800 acres, 

and a volume of 494,000 acre-feet. Now that Stump Lake is at the same elevation 

as Devils Lake, there is nothing to prevent the lakes from rising together in the 

future. 

The rise of Devils and Stump lakes has been much like a slow motion accident, 

where we in the community know what is happening, and can in fact watch it occur, 

but are unable to affect the relentless march of events. I have often said that the 

flooding we have experienced is in many ways worse than flooding around a river; 

with a river, the flood peaks quickly, and then the waters recede, leaving devastation behind, but allowing people to reclaim their lives. Although the water began 

its most recent rise around Devils Lake 15 years ago, we today have a lake that 

has not receded appreciably in all of that time. 
34 

The negative effects that the lake has had are both many and varied. I will touch 

on four broad areas of impact; human, agricultural, economic, and regional in the 

hopes of providing you with a comprehensive view of the impacts of Devils Lake’s 

flooding. Last, I will touch on what we have been found to be one of the main 

positives to come to our community as a result of the lake’s rise. 

The lake’s rise has had an undeniable effect upon those that live around it. Since 

1993, the lake’s ever-expanding waters have, in fits and starts, swallowed up homes, 

roads, private and public land, and utilities. Losing one’s home is a tragedy, and 

sadly, hundreds of homes have been lost, relocated, or burned to prevent hazards 

in the lake. Roads which once might have been passable, have either been raised 

at great expense, relocated, or abandoned entirely, forcing people to traverse many 

extra miles in order to reach their jobs, fields, family, or places of commerce. In recent years, the people of the city of Devils Lake have been fearful of losing their 

water supply, as the pipeline that brought the city its water was submerged under 

the lake, making the threat of a pipe breach an insurmountable obstacle. Parks 

such as Shelvers Grover and Grahams Island that have benefited the community, 

the State, and travelers from far and wide, have either been inundated, or required 

repeated road raises to preserve access. Lastly, one cannot minimize the specter of 

fear that afflicts those citizens whose homes lay beneath the lake’s current elevation, behind the existing dike, a thin strip of rock and dirt. Life beneath the levy 

causes one to always be aware that they live at risk. 

The Devils Lake region has been long known for the productivity of its soils. 

Wheat, durum, sunflowers, canola, alfalfa, and many other crops that feed the Nation, have been grown here since settlement days. However, with the lake’s rise, 

thousands upon thousands of acres of agricultural land lie beneath the waves. In 

the early days, most of the land consumed was pasture, but in recent years, and 

if the lake continues to rise, prime agricultural land will be lost. It is not only the 

farmers who have grown the world’s food since the pioneer days who have been affected. Agriculture is the life-blood of the region, and every acre of land lost, means 

less business for the implement dealers, chemical suppliers, stores, and banks. 

Roads to market that have been moved to avoid the lake mean more money out of 

the farmer’s pocket to transport seed, fuel, fertilizer, and the crops that they 

produce. 

Inevitably, with the lake’s rise, a significant impact has been felt in the pocketbooks of the region’s citizens. For every one of the hundreds of families that have 

had to abandon or move their home to escape the inexorable creep of the lake, the 

costs have been exceedingly high, in dollars, and in irreplaceable memories and 

dreams for the future. Even if their homes were not lost, the region’s citizens are 

realizing that the levy that protects them may not be recertified, requiring them to 

purchase expensive flood insurance. The loss of Shelvers Grove has been a blow to 

the regions economic development. Repeated threats to accessing the immensely 

popular Grahams Island State Park have depressed development of what has been 

a profitable and highly utilized facility for fishing, boating, and camping. The relocation of regional grain terminals at Churchs Ferry are another cost born by the community. Another economic drain has been in the steadily increasing operation and 

maintenance expenses, to keep the critical infrastructure that has been built to deal 

with the lake’s rise, functioning. The threat of the loss of the National Guard’s 

Camp Grafton training facility is another area of real concern. It provides the community with good citizens to fill our homes, and a corresponding impact to the local 

economy. The city of Minnewaukan is faced with a terrible choice; come up with an 

insurmountable sum of money to build and maintain a levee around their community, move the city out of the flood’s path at a great cost, or abandon their homes 

and memories forever. And while the lake has certainly been a boon to the fishing 

and recreation industry, uncertainty about whether structures around the lake will 

be above the water in the future, has depressed investments that would otherwise 

have occurred. A major financial strain felt by the lake community, is in the local 

cost-share that is required in order to match Government funds for raising levees 

and roads or relocating water supply pipelines. The value of that help cannot be expressed fully, but it would be an understatement to say that after meeting the local 

match on so many projects, so many times, it is becoming increasingly difficult and 

burdensome for the community to dig deeper into their pockets. This raises taxes 

on our citizens, and discourages new investments and businesses. 

The community around Devils Lake has been the most affected by the lake’s climb 

up until now, but it will be the entire State and region that stands to lose the most 

if the waters continue to rise. If Devils Lake reaches 1,459 feet amsl, there are 

many serious threats that will present themselves. A major transcontinental U.S. 

highway will have to be rerouted many miles to the north. A major railway, that 

provides a conduit for travel and commerce, will be lost, and those trains will have 
35 

to travel a far different, and already congested route. One of the main electrical 

transmission lines, that transfers electricity along this Nation’s already stressed 

power grid, will have to be relocated at a great expense. If conditions around the 

lake continue to worsen, it will require even more hard work and assistance to prevent what has been a slow-motion catastrophe from afflicting more than the people 

immediately around the lake. 

While the lake’s spread has had many negative impacts, it has not been without its benefits as well. It is without question that the booming $40 million fishery has 

been a great boon to the region, bringing many dollars into our businesses, and even 

people who are choosing to make their homes here. Recreation is a growth industry 

around Devils Lake, and while the great unknown is where the lake will be in 20 

years, we are very grateful that there has been a silver lining to this situation. 

To conclude, the rise of this lake, unprecedented since settlement, has affected 

this community at every level, and it shows no sign of stopping. The costs in dollars 

to deal with new and increasing problems will run into the hundreds of millions. 

The help that the Federal Government has provided must continue into the future 

if we are survive as a community. 

Thank you for giving me the opportunity to address you on this very important 

subject. 

Senator DORGAN. Mr. Belford, thank you very much. 

And, finally, we will hear from the mayor of Devils Lake, Mayor 

Fred Bott. 

Mayor Bott, you’ve been at this a long time. Thank you for being 

a teacher, first; and, second, thank you for your service to Devils 

Lake. You may proceed. 

STATEMENT OF FRED BOTT, MAYOR, DEVILS LAKE 

Mr. BOTT. Thank you, Senator Dorgan, and good morning, to 

you, Senator Dorgan and Congressman Pomeroy. I’d like to thank 

you for the opportunity to speak with you today regarding the current challenges facing the city of Devils Lake and the potential implications relating to rising water levels within the lake. 

First of all, I would like to thank you for the ongoing support 

you’ve provided to our community throughout the years of flooding. 

The dike protecting the city, the roads leading to our great community, and the vast amounts of infrastructure protection measures 

that have been taken would not have been possible without your 

unrelenting support. 

As you’re aware, the city of Devils Lake has faced a multitude 

of challenges resulting from fluctuating lake levels. Today, I’d like 

to discuss three items: the importance of our city within the area, 

our ongoing drinking water supply project, and the Devils Lake 

levee system. 

DEVILS LAKE COMMUNITY

Devils Lake is the eleventh largest city in North Dakota. Our regional airport had more than 3,500 departures last year. We are 

the home to Lake Region State College, a comprehensive 2 year college and vocational school, serving approximately 1,700 students, 

and the North Dakota State School for the Deaf. Five miles to the 

south of Devils Lake is our neighbor, the Spirit Lake Nation, which 

is home to approximately 6,300 people. Spirit Lake relies, to a 

great extent, on the city of Devils Lake for its retail needs. Also 

just to the south of the city is Camp Grafton, a National Guard 

training facility which employs 220 people year-round. Camp Grafton is in the process of implementing tens of millions of dollars 

worth of improvements, and relies heavily on the local airport for 

transportation of students. 
36 

With the closest regional center being 90 miles away, the city of 

Devils Lake plays a vital role in the local economy. North Dakota 

State sales tax reports show Devils Lake to have the sixth-highest 

taxable sales per capita in the State. 

EMERGENCY WATER PROJECT

The city of Devils Lake continues to proceed with the development of our Emergency Water Replacement Project. Any failure 

within the inundated portion of the pipeline would leave the city 

without an adequate drinking-water supply. 

In 2007, the city completed installation of 32 miles of pipeline to connect the city to our new water source. The $8 million thus far 

spent on the water supply project has been funded through EPA 

grants, North Dakota State Water Commission, and local funds. 

Remaining portions of the project include completion of the well 

field development and construction of a water treatment facility. It 

is envisioned that construction of both of these projects will be initiated this year, at an estimated cost of nearly $10 million. With 

your help, Senator, the city has secured nearly $6 million toward 

this phase of the project. 

And finally, the levee, my personal file, which is labeled ‘‘Corps 

and Dike Project’’ has a beginning date of February 17, 1994 and 

the lake elevation at that time was 1,428 feet, the first document 

in that file on that date is a copy of the letter sent by you, Senator 

Dorgan, to Colonel James T. Scott, district engineer, St. Paul District. The letter concerned potential spring flooding. The second 

document within the file is dated March 3, and is a reply to your 

letter from the division engineer, Omaha District, also concerning 

spring flooding. 

Another of the documents in my file is the city’s letter to thenGovernor Shafer, asking him to secure assistance from the U.S. 

Army Corps of Engineers to raise and extend the existing flood protection levee for the city of Devils Lake; the letter, dated June 21, 

1996. Our hope was that this would be our only request. We never 

expected that, nearly 12 years later, we would be making yet another request to extend protection measures to protect the city from 

the flood emergency caused by the waters of Devils Lake. 

It appears the existing wet cycle is expected to continue, and 

there is significant chance that the lake will continue to rise. This 

is of great concern to the city, because the existing levee, with a 

top of elevation of 1,460 feet, is already near the fringe for meeting 

Corps dam-safety criteria and FEMA floodplain regulations. Increasing lake levels will exacerbate this problem and ultimately require additional protection measures to be implemented. 

LEVEE SYSTEM

Approximately $54 million has been invested in the current levee 

system protecting our area. Preliminary estimates for future levee 

work range to the amount of $100 million. This amount will make 

it extremely difficult to fund at the local level, and I hope we are 

able to work with the Corps to find a cost-effective alternative, 

should the lake continue to rise. 

Again, I thank you for the opportunity to speak today. We very 

much appreciate that you continue to understand the great chal-
37 

lenges that lie ahead of us. And we hope that we are able to work 

together to find workable solutions. 

[The statement follows:] 

PREPARED STATEMENT OF FRED BOTT

Senator Dorgan and committee members, thank you for the opportunity to speak 

with you today regarding the current challenges facing the city of Devils Lake and 

the potential implications related to rising water levels within the lake. My name 

is Fred Bott. I am the president of the Devils Lake City Commission. 

First and foremost, I would like to thank you for the ongoing support you have 

provided to our community throughout the years of flooding. The dike protecting the 

city, the roads leading to our great community, and the vast amounts of infrastructure protection measures that have been taken would not have been possible without your unrelenting support. 

As you are aware, the city of Devils Lake has faced a multitude of challenges resulting from fluctuating lake levels. Today I would like to discuss three items with 

you: the importance of our city within the area; our ongoing drinking water supply 

project; and the Devils Lake levee system. 

CITY’S REGIONAL IMPORTANCE

Devils Lake is the 11th largest city in North Dakota. The city’s 2000 Census population was 7,222 residents. Our public schools have nearly 1,700 students. Our private elementary school has 140 students. Our medical facilities consist of two clinics, which saw a total of 56,000 patients last year. Mercy Hospital, our local hospital, had 1,715 patients last year, and its emergency room saw 11,047 patients. We 

have three nursing and retirement homes. Our regional airport had 3,548 departures last year. Lake Region State College, a comprehensive 2-year college and vocational school serving approximately 1,700 students, and the North Dakota School for 

the Deaf are also located in Devils Lake. Finally, the size of the work force in Devils 

Lake, for which data is available, numbered 5,422. 

Five miles to the south of Devils Lake is the Spirit Lake Nation, which is home 

to approximately 6,300 people. Spirit Lake relies almost entirely on the city of Devils Lake for its retail needs. Also just to the south of the city is Camp Grafton, a 

National Guard training facility, which employs 220 people year round. Camp Grafton is in the process of implementing tens of millions of dollars worth of improvements and relies heavily on the local airport for transportation of students. 

With the closest regional center being 90 miles away, the city of Devils Lake plays 

a vital role in the local economy. North Dakota State Sales tax reports show Devils 

Lake to have the sixth highest taxable sales per capita in the State. This indicates 

a strong regional shopping presence in the city. It would be an extreme hardship 

if area residents, including the Spirit Lake Tribe, had to travel 90 miles for shopping access. 

DRINKING WATER SUPPLY PROJECT

The city of Devils Lake continues to proceed with the development of our Emergency Water Source Replacement Project. The project was initiated several years 

ago to address the precarious situation created by the lake inundating 6 miles of 

our existing supply line that has been in service 47 years. A failure within the inundated portion of the pipeline could leave the city without an adequate drinking 

water supply. The project will also allow the city to comply with new Safe Drinking 

Water Act (SDWA) standards for arsenic. The city supply is nearly 3.5 times the 

allowable limit and we are currently operating under a 3 year arsenic exemption 

status granted to us by the ND Department of Health. The exemption period ends 

in January 2009, and based on our population, the city is not eligible for an extension past this date. 

In 2007 the city completed installation of 32.5 miles of pipeline to connect the city 

to our new water source. The $8 million thus far spent on the water supply project 

has been funded through EPA grants totaling $1.6 million, $3.7 million from the ND 

State Water Commission, and $2.7 million in local funds. 

Remaining portions of the project include completion of the wellfield development 

and construction of a water treatment facility. It is envisioned that construction of 

both of these projects will be initiated this year, at an estimated cost of near $10 

million. With your help, Senator, the city has secured nearly $6 million toward this 

phase of the project. In an effort to ensure water rates remain affordable to city residents, we have requested an additional $1.6 million in funds from your office to aid 

in completing this much-needed project. Any additional aid you can provide will de-
38 

crease the local share required and the community will see a direct benefit in lower 

water bills. 

LEVEE PROJECT

My personal file labeled ‘‘Corps and Dike Project’’ has a beginning date of February 17, 1994. The lake elevation at that time was 1,428 feet. The first document 

in that file on that date is a copy of a letter sent by Senator Byron Dorgan to Colonel James T. Scott, District Engineer, St. Paul District. The letter concerned potential spring flooding. The second document within the file is dated March 3, 1994, 

and is a reply to Senator Dorgan from Colonel John Schaufelberger, Division Engineer, Omaha District, concerning spring flooding. Two other documents within the 

file include the city’s Emergency Declaration dated June 17, 1996, and the city’s letter to Governor Shafer asking him to secure assistance from the U.S. Army Corps 

of Engineers to raise and extend the existing flood protection levee for the city of 

Devils Lake dated June 21, 1996. Our hope was that this would be our only request. 

We never expected that nearly 12 years later, we would be making yet another request to extend protection measures to protect the city from the flood emergency 

caused by the waters of Devils Lake. 

As you will hear today from representatives of the U.S. Geological Survey, it appears the existing wet cycle is expected to continue, and there is a significant chance 

the lake will continue to rise. This is of great concern to the city because the existing levee, with a top elevation of 1,460 feet, is already near the fringe for meeting 

Corps dam safety criteria and FEMA floodplain regulations. Increasing lake levels 

will exacerbate this problem and ultimately require additional protection measures 

to be implemented. Local officials have met several times with representatives from 

the Corps regarding this issue and the Corps has initiated the planning process for 

potential measures to be taken to address increasing lake elevations. 

Currently, approximately $54 million has been invested in the current levee system protecting our area. Preliminary estimates for future levee work range in excess 

of $100 million. This amount will make it extremely difficult to fund at the local 

level and I hope we are able to work with the Corps to find a cost effective alternative should the lake continue to rise. In the coming months I suspect a preferred 

protection alternative will be chosen that will have cost implications. I ask that you 

continue to support measures necessary to protect the city of Devils Lake. 

Again, thank you for the opportunity to speak today. We appreciate that you continue to understand the great challenges that lie ahead of us, and we hope that we 

are able to work together to find workable solutions. 

Senator DORGAN. Mayor, thank you very much for your testimony. It reminded me again, and I was just mentioning this to 

Congressman Pomeroy, that this is a little like the movie Groundhog Day, where you wake up at 6 o’clock every morning, and it just 

starts over again, the same day. 

Because, 14 years later, we’re still talking about exactly the 

same things in the Devils Lake region. 

I want to do a couple of things, and then begin asking a series 

of questions. 

JOINT WATER RESOURCES BOARD

First, I want to include a statement for the record by the Devils 

Lake Basin Joint Water Resource Board and Mike O’Connor. That 

Resource Board includes a board of directors from Benson County, 

Eddy County, Mike Tweed; Pierce County, Duane Hawk; Rolette 

County, Ronald Heinz; Walsh County, Robert Shirek; Cavalier, 

Larry Gellner; Nelson, Mike Donohue; Ramsey, Duane Ash; 

Towner, Dale Anderson; and Mike Connor is the manager. I thank 

them for their contribution. 

[The statement follows:] 
39 

PREPARED STATEMENT OF MICHAEL CONNOR, DEVILS LAKE BASIN JOINT WATER

RESOURCE BOARD

DEVILS LAKE UPPER BASIN WATER UTILIZATION PROJECT

The Devils Lake Basin 

Devils Lake is located on the southern edge of a 3,819 square mile sub-basin of 

the Red River of the north basin. Run-off water within the Devils Lake Basin ultimately ends up in Devils Lake. When Devils Lake reaches elevation 1,460 feet msl, 

it will discharge through a natural outlet to the Sheyenne River. During 2005, the 

lake reached an elevation of 1,449 feet msl and would have to rise approximately 

11 more feet before it begins to overflow to the Sheyenne River. Devils Lake is the 

largest natural lake in North Dakota. The lake has risen over 26 feet since 1993 

and has expanded from 40,000 acres to over 130,000 acres. With the exception of 

a levee to protect the city of Devils Lake, the lake has been allowed to expand freely 

as the elevation increases. This causes flooding to cropland, pasture/hay land, residential developments, farmsteads, parks/refuges and other natural or developed 

land features. 

Previous Actions 

During the fall of 2001, the Devils Lake Basin Joint Water Resource Board started an initiative to explore ways in which the excess surface waters in the upper 

Devils Lake Basin could be put to beneficial use within the basin. After researching 

some alternatives and reviewing previous work completed by State, local and Federal agencies, the Joint Board retained the services of an engineer to perform a reconnaissance level study. 

The results of the reconnaissance study, which was completed in August 2002, indicated that the potential exists for water to be utilized through the evapotranspiration of growing agricultural crops. This enhanced evapotranspiration would 

alleviate a portion of the excess surface water found in the upper Devils Lake Basin. 

Although the primary analysis and calculations looked promising, it was apparent 

that additional research work would be necessary before such a monumental project 

could be developed. 

It was decided that the most reactive way to produce the results necessary for 

a full water utilization project was to develop three individual projects each depending on the information derived from the proceeding projects. 

—Test Project. 

—Pilot Project. 

—Full Water Utilization Project. 

Test Project 

The Test Project is the construction, development and observation of water utilization on a small scale using scattered sites throughout the Devils Lake Basin. In 

2004, 10 sites were selected to participate in the Test Project. Each site consisted 

of different soils found throughout the Basin. A majority of the soils found at the 

selected sites were soils that are typically conditional or marginal irrigable soils. 

The Test Project needed to find if a majority of the soils in the Basin could be irrigated, even during wetter than normal conditions. 

In 2005, the infrastructure, including the pivots, pipelines, intakes, and pumps, 

was installed by the approved contractor. Also in 2005, the technical consultant, 

North Dakota State University (NDSU), began installing testing equipment that 

will be used to monitor the soil and water conditions throughout the life of the 

Project. 

The primary objective of the Test Project is to further secure answers to a number 

of questions related to the project in a real world working environment. 

—How much additional water could be applied to crops in this area to maximize 

water utilization? 

—Will the use of basin surface water result in a detrimental application of salts 

to the soil? 

—What crop rotation would be most beneficial? 

—How could ultimate management of a larger project involving several producers 

and thousands of acres be implemented? 

—How does the project affect local surface water bodies? 

—How can water application and water use through this application method be 

maximized?’ 

In 2006, nearly 8 inches of water was applied to the 10 sites and in 2007 nearly 

3 inches were applied. The difference in application amounts in 2006 and 2007 was 

due to the fact the Basin received nearly double the precipitation in 2007 as compared to 2006, which was drier than normal. 
40 

It is a goal of the Project that NDSU will be able to answer these questions, and 

possibly more, once the Test Project is completed in the fall of 2008. After the information is gathered and analyzed, NDSU will make recommendations to the Joint 

Board on how to proceed with the next phase of the Project, which has been named 

the Pilot Project. 

Pilot Project 

Now that the Devils Lake Upper Basin Water Utilization Test Project for 2005– 

2008 is underway and nearly complete, the planning for the development of the 

Pilot Project is another step in the overall project. The approximate size of the Pilot 

Project would be 4,000 acres total, with 3,000 acres coming from 25–30 new sites, 

and 1,000 acres coming from the continuation of the 10 sites already participating 

in the on-going Test Project. 

The majority of the details for the Pilot Project would be developed though the 

analysis of the operations and results from the on-going Test Project. Coordination 

with NDSU, the technical consultant on the Test Project, will be an important element of the preparation of the Pilot Project. Much of this preliminary work needs 

to be completed on the Pilot Project prior to the completion of the Test Project. 

The primary goals of the Pilot Project would be to develop, implement and refine 

a system of operations for water utilization in the Devils Lake Upper Basin. Some 

of the critical elements that need to be scoped prior to the construction of the Pilot 

Project include: 

—Identifying and redefining the soils in the Devils Lake Basin that maximize 

water utilization and are conductive to long term irrigation. 

—Review and update information found in the reconnaissance level investigation. 

—Analyze data from the Test Project with assistance from NDSU. 

—Establish a GIS data base. 

—Landowner/Producer Cooperation. 

—Solicit applications for potential project involvement. 

—Hire a soil classifying consulting firm to assist in reviewing landowner applications for the project and assist in finalizing the sites selected. 

—Hold public scoping meetings. 

—Maximization of crop yields and overall project economics. 

—Analyze data from the Test Project. 

—Set a goal to have 2,000 acres of traditionally irrigable soils involved and another 2,000 acres consisting of conditionally irrigable and conditionally nonirrigable soils to secure expanded economic data. The soil classifications and 

explanations are available in the May 5, 2004, ‘‘Devils Lake Upper Basin 

Water Utilization Study’’ prepared by HPC, Inc. 

—Consult with the Test Project farm management consultant and/or a consulting firm for developing an expanded data gathering system for existing 

and new acreage. This information will then be used to determine ways to 

maximize the crop yields and project economics. 

—Water source quality and quantity. 

—Determine possible water sources by utilizing the GIS database. The Pilot 

Project sites should be located near sources of water with a quality that is 

conducive to irrigating the soils found within the Basin. 

—Gather existing data sets from Federal and State agencies. 

—Gather new data from water sources through field testing. 

—System operation and maintenance procedures and costs. 

—Analyze data from the Test Project. 

—Consult with NDSU and vendors for recommendations on potential irrigation 

equipment for use on the Pilot Project. Joint Board should utilize data and 

experiences gained from the Test Project. 

—Possible formation of a basin wide irrigation district with special consideration being given to the possibility of expanding an existing irrigation district 

near or in the Devils Lake Basin. 

—Crop rotations. 

—Analyze data from the Test Project. 

—Consult with NDSU Agriculture Extension Area Agronomists and County Extension Agents in the involved basin areas, as well as the Test Project Farm 

Management consultant. 

The total time needed to prepare and develop for a Pilot Project is in the range 

of 15 to 18 months. As the necessary information is being assembled for the Pilot 

Project, additional data from the Test Project will also become available. If data 

from the Test Project demonstrates that expanding to the Pilot Project is feasible, 

it is vital that the Devils Lake Basin Joint Water Resource Board, along with its 
41 

local, State and Federal partners plan for the expansion at this time so that momentum on the overall project is not lost. 

PILOT PROJECT PRELIMINARY BUDGET 

Item Budget Amount 

Review initial Test Project results ................................................................................................................... $40,000 

Feasibility study ............................................................................................................................................... 75,000 

Determining funding support ........................................................................................................................... 25,000 

Operations and monitoring .............................................................................................................................. 65,000 

Final site selection ........................................................................................................................................... 50,000 

Pre-construction ............................................................................................................................................... 50,000 

Development plans/specifications ................................................................................................................... 25,000 

Bid process ...................................................................................................................................................... 10,000 

Construction ..................................................................................................................................................... 4,000,000 

Project Administration ...................................................................................................................................... 10,000 

Total ........................................................................................................................................................ 4,350,000 

In 2006, the Congressional Delegation through Senator Dorgan’s office, secured 

$350,000 for the continued work on the Devils Lake Upper Basin Water Utilization 

Project, with emphasis on the Pilot Project. At this time, some of the planning for 

the Pilot Project has begun, including the Joint Board soliciting land site applications from the landowners in the Devils Lake Basin. These applications are being 

entered into a GIS database which will assist in selecting the sites for the Pilot 

Project. Additional information that is gathered from the Test Project will be entered into the database as soon as NDSU provides the data. 

The money already secured for the Pilot Project will be adequate to keep the planning and the momentum of the overall Project going, but it will not be enough to 

construct any of the infrastructure needed for the next phase. Additional funding 

will be needed for actual construction (Item No. 9 from preliminary budget). The 

total amount of Federal, State, and local funds needed for construction of the Pilot 

Project will not be known until after the bids are received, but preliminary estimates are approximately $4.0 million. 

The planning for the Devils Lake Basin Water Utilization Pilot Project will be 

mostly completed by 2008–2009, with construction and operations taking place after 

that. If the data collected from the Pilot Project and subsequent analysis provides 

sufficient evidence that water utilization in the upper basin is an effective tool for 

upper basin water management, then the appropriate parties should continue to 

move forward with the full scale Water Utilization Project. The size of the full scale 

project will be highly dependent upon the level of funding from Federal and State 

governments. The original reconnaissance level study made mention of a possible 

20,000 acres of irrigation in the Basin. At this level, the Devils Lake Upper Basin 

Water Utilization Project will not only become an important water management 

tool, but generate an economic boost for the entire Devils Lake Basin. 

The Devils Lake Upper Basin Water Utilization Project will have a direct impact 

not only on the amount of water that flows into Devils Lake from the upper basin, 

but will also have a significant impact on the economic revitalization of the Devils 

Lake Basin! 

ADDITIONAL SUBMITTED STATEMENTS

Senator DORGAN. I thank them for their contribution. 

We weren’t able to have everyone testify here today, but I do 

want to point out that the record will remain open for 15 days, and 

those wishing to submit testimony to be a part of the permanent 

record are able to do so. You’re welcome to send that testimony to 

my office, and it’ll become a part of the permanent hearing record. 

[The statements follow:] 
42 

LETTER FROM ODELL FLAAGAN

APRIL 3, 2008. 

Senator BYRON L. DORGAN, 

Chairman, Energy and Water Appropriations Committee, SH–322, Washington, DC 

20510. 

DEAR SENATOR DORGAN: The flow of Devils Lake water into Stump Lake has 

caused a great deal of devastation in Nelson County. Approximately 17 miles of 

roads have been lost, 3 farmsteads have been flooded and about 21,400 acres of 

farmland are inundated. The flooded agricultural land has had a negative effect on 

the County’s tax base. 

Additional flooding in the Devils Lake/Stump Lake region will surely cost millions 

of dollars. The cost of raising highways and dikes around Devils Lake is overwhelming. Many people in the region would like to see the lakes stabilized. 

The Nelson County Commissioners believe the best solution to these problems is 

to clean out the Tolna Coulee and build a control structure. History has shown that 

water has flowed through this natural outlet many times. If needed, a water purification plant could be built at the control structure. A project such as this, we believe, would cost much less than letting the water continue to rise uncontrollably. 

The Nelson County Commissioners urge all State and Federal officials to work together to stabilize Devils Lake and Stump Lake by cleaning out the Tolna Coulee 

and building a control structure to prevent additional flooding. 

Sincerely, 

ODELL FLAAGAN, 

Chairman, Nelson County Commission. 

PREPARED STATEMENT OF RICHARD BETTING, SECRETARY, PEOPLE TO SAVE THE

SHEYENNE

‘‘Floods are Acts of God; Flood Losses are Largely Acts of Man.’’ National Geographic 

North Dakota Senator Byron Dorgan, Chairman of the Subcommittee on Energy 

and Water Development, held a hearing March 25, 2008, in Devils Lake, North Dakota, to receive testimony about ways of dealing with the potential future rise of 

the level of Devils Lake. Those who testified wanted the ND State Water Commission and/or the Corps of Engineers to study ways of dealing with the potential problems arising from higher levels of water on the lake, if and when they might occur. 

A person representing the U.S. Geological Survey stated that the wet cycle ‘‘has 

continued to the present.’’ He also said that there is a ‘‘72 percent chance the lake 

will continue to rise for another 10 years.’’ There are at least two major problems 

with these statements. First, since Devils Lake area has not had excessive precipitation since 2000, it’s doubtful that the ‘‘wet cycle’’ continues. The same day of the 

hearing North Dakota newspapers carried stories of the continued drought throughout the State. One headline read: ‘‘North Dakota still dampened by drought.’’ Another fact: Devils Lake has dropped more than 2 feet from its all-time high of 

1,449.2 feet msl. in 1996 to about 1,447 feet today. 

The outlook this spring is dry, with very little snow melt runoff in most of the 

State. Another current news item indicated that the Souris River has almost no flow 

this spring. If there is a 5 percent chance Devils Lake will rise 10 feet by 2025, 

there is a 95 percent chance it won’t. 

Drought is being used as a main reason for providing Fargo with water when the 

next drastic drought occurs. It hardly seems reasonable to provide for both a 

drought and a flood at the same time. 

Testimony was also given that Devils Lake rose 25 feet since 1993, from about 

1,423 feet msl. to 1,448 feet. This was a misleading set of statistics. If one takes 

the lake level of 1,428.8, its height in 1987, that is about a 20-foot rise in 20 years, 

a much less precipitous—and therefore less ominous—rise. The lake also dropped 

from that 1987 high to its level of 1,423 in 1993. 

Another main point is that the potential rising water level on Devils Lake is not 

an emergency. The process has been going on for, as one can see, many years, depending upon when one wishes to begin counting. Since the situation lacks emergency status, it should be dealt with in a reasonable, long-term manner, as explained below. 

As much as the lake has risen, another point to be made is that Devils Lake now 

is about half full. In order to rise to its point of overflow at 1,459 feet msl., the lake 

will have to rise another 12 feet and must hold another 2,470,000 acre/feet. That 

is about as much as the lake has increased in net volume since 1993. However, as 

the lake rises and its volume increases, so does evaporation from its surface. Each 
43 

year approximately 30 to 36 inches, on average, evaporates from the lake. The larger the surface, the more evaporation. At about 250,000 acres the lake would reach 

equilibrium. 

Like a physician who is treating a sick patient—and looking to find the causes 

of the symptoms of the patient’s illness—what those who wish to deal with the problem of rising water on Devils Lake will, ultimately, have to deal with are the root 

causes of flooding. Some claim the chief culprit is precipitation. Facts don’t support 

this conclusion. Precipitation levels in the Devils Lake basin increased from an average of about 18 inches per year to about 23–24 inches per year from 1993 through 

1998. An increase of slightly more than 5 inches per year. Five extra inches on the 

lake would not have raised the level 2 or 3 feet in a year’s time, as happened. 

Rather, the primary cause of flooding on Devils Lake has been and continues to 

be drainage in the upper basin of the lake. U.S. Fish and Wildlife studies conclude 

that there are over 189,000 acres of drained wetlands in the upper basin of Devils 

Lake. That’s about half of the original wetland acres—commonly known as sloughs. 

Since the 1950s over 22,700 (North Dakota State Water Commission figures) upper 

basin sloughs have been drained. More, counting the illegal drains. 

The precipitation from these drained wetlands ran off into the Starkweather and 

Mauvais Coulees, for example, or through Channel A and straight into Devils Lake. 

That’s why a 6-inch upper basin rainfall [from about 189,000 acres] could add a foot 

of water to the lake [whose size was then less than 100,000 acres]. That’s why each 

and every year from 1993–1998 about 328,000 acre-feet of water flowed into Devils 

Lake from the upper basin. 

Water that would have remained in upper basin wetlands to evaporate had they 

not been drained. 

Drainage Affects Flooding as the following study illustrates. 

From the North Dakota Geological Survey (received 2001) 

The Effects of Wetlands Drainage on Flooding.—In North Dakota the Fish and 

Wildlife Service studied the effects of wetland drainage on flooding on the J.Clark 

Salyer National Wildlife Refuge in the Souris River Basin north of Minot (study 

dated December 1979). One of the study areas, which included 205 acres of natural, 

undrained wetland basins, had an inflow of 109 acre-feet, but only 46 acre-feet were 

measured as outflow. The basins retained all of the runoff from within the 5-square 

mile block and also reduced stream flow by 53 percent. By contrast, in a drained 

study area, 46 acre-feet of water entered, but outflow was 74 acre-feet. The storage 

capacity of wetlands in the second study area was eliminated by artificial drainage 

and stream flow increased 61 percent. The study concluded that drained wetlands 

contributed more to streamflow than undrained wetlands, despite some significant 

differences in other land-use practices. The Fish and Wildlife Service suggested that 

wetland drainage is the most important land-use practice with a bearing on flooding 

problems. 

In other words, upper basin inflows need to be modified, reduced, controlled. 

In fact, upper basin ‘‘water management’’ was part of the original plan to deal 

with rising water on Devils Lake. The three-legged stool was the metaphor used to 

describe the ways of dealing with rising water: One leg for infrastructure (on which 

over $500 million has already been spent); one leg symbolizes the outlet (which has 

proved to be a false promise); the third leg illustrates upper basin water storage. 

(Ask the ND State Water Commission how many acres are presently in the water 

management program.) 

One solution to high water on Devils Lake that continues to be suggested includes 

digging a ditch from Stump Lake to the Sheyenne River. In response to similar proposals in the future here are important remarks dealing with a Tolna Coulee outlet 

to the Sheyenne River. 

Comments from a letter dated August 13, 1999, from Francis Schwindt, Chief, Environmental Section, North Dakota Department of Health, to David A. 

Sprynczynatyk, State Engineer, State Water Commission in reply to ‘‘a preliminary 

review of the city of Devils Lake’s proposed project.’’ 

Schwindt wrote, ‘‘The project entails the construction of a 7,344-foot channel, from 

Stump Lake to the Tolna Coulee. There are many important plan details that are 

not available at the time of this evaluation. 

‘‘This project is extremely complex from a water quality perspective. The water 

quality parameters that are of concern include total dissolved solids, sulfates, 

chlorides, copper, lead, arsenic, selenium boron, ammonia, and nutrients. The concentration of each of these constituents needs to be determined when blended with 

the Sheyenne River at the point of discharge, and several locations downstream, including the confluence with the Red River of the North, and at the International 
44 

Border. Additionally, biological factors, such as algae, can result in taste and odor 

problems, and perhaps toxins for municipal water supplies. . . 

‘‘A cursory review of historical flows and water quality of the Sheyenne River indicate that a very narrow window of opportunity exists for operating the project at 

a very minimal flow rate, and that the project’s flood control objectives for Devils 

Lake would not be obtained while meeting water quality standards. Furthermore, 

designated beneficial uses of the Sheyenne River would not be maintained; these include municipal water supplies, aquatic life, irrigation, industrial water supplies, 

and recreation. 

‘‘For the reasons stated above, this Department urges the city of Devils Lake to 

seek alternatives to this project. This Department is sympathetic to the desires of 

residents in the Devils Lake area for meaningful flood control. However, we feel 

there are viable alternatives to the proposed project, and these alternatives should 

be vigorously pursued. . . .’’ 

In other words, the North Dakota Department of Health determined long ago that 

high water on Devils Lake/Stump Lake could not be addressed by a Tolna Coulee 

drain into the Sheyenne River. 

Continuing to study the potential problem of rising water on Devils Lake without 

taking into consideration the primary cause of higher water on the lake—upper 

basin drainage—is naı ̈ve and unscientific. Without dealing with closing a significant 

portion of the upper basin drains—in other words, restoring wetlands—no downstream tactics will deal effectively with the symptoms of ‘‘flooding’’ on Devils Lake. 

While the storage issue has within it several political and economic difficulties, 

those have to be met seriously, honestly and forthrightly for long-term action to be 

meaningful. 

People to Save the Sheyenne has a continuing interest in legislation pertaining 

to actions taken that will impact the Sheyenne River, so please inform our organization whenever pertinent legislation is being considered—by this or other committees. Members of our organization will always be willing to present testimony if notified in a timely manner. 

Senator DORGAN. I did not—and should have—introduced Roger 

Cockrell, who sits behind me, at the start of this hearing. Roger is 

the staff director, for me, dealing with water issues on the Energy 

and Water Subcommittee. He knows more about every water 

project in the United States of America than almost any other person in this country, and he does an outstanding job working with 

me on all of the water projects across the country. 

We have a number of State legislators present. State Representative Arnold Schmidt is here. Arnold, would you wave? Over there. 

State Representative Curt Hofstad, State Representative Dennis 

Johnson, and State Senator Dave Elke. We thank all of you for 

being present. And obviously, the State legislature and State government have a significant role to play, and have played a role, in 

these issues. 

Let me also begin a series of questions. Then I will call on Congressman Pomeroy for a series of questions, as well. 

LEVEE DESIGN

First, let me start with you, General Walsh. We refer to these as 

‘‘levees’’ around Devils Lake, yet they have water against them 24 

hours a days, 7 days a week. The structures, it seems to me, act 

more like dams. Were these structures designed as levees or designed as dams? 

General WALSH. You’re right, I think we call them ‘‘levees,’’ and 

that’s really a misnomer. They were designed with dam safety criteria, so they do have rock revetments, riprap, they do have—— 

Senator DORGAN. So, they’re designed, essentially, more than levees, they’re designed as dams. Let me ask you about the equalization levels between Stump Lake and Devils Lake. And could you 
45 

lift that more closely when you respond—perhaps just lift it up and 

speak into the microphone? How has the equalization of Devils 

Lake and Stump Lake affected the determination of the 100-year 

flood elevation for Devils Lake? The reason that’s important is that 

will determine whether people have to buy flood insurance in the 

future. 

General WALSH. Yes, sir, that is very important, and certainly 

has caused the Federal Government to look at the data. And USGS 

just reported out on their results. They said that the 1-percent estimate would be at elevation 1,454.6, and we’re going to be taking 

that data and looking at what we have in regard to the embankments, and finish up that analysis and report back to FEMA, and 

give them a report. 

Senator DORGAN. General, your analysis of projects for the city 

of Devils Lake, I assume, will consider consequences for other 

areas and regions here in the Devils Lake area, as well. This is like 

a balloon, in many ways; you squeeze it in one direction, and it 

moves in another direction. So, I assume you’re looking at: (a) 

‘‘How do you protect the larger city?’’ and (b) ‘‘What are the consequences—how do you protect other interests in the basin?’’—is 

that correct? 

General WALSH. Yes, sir. And that’s what we’ll be utilizing the $5 million that was appropriated for us to do that. 

Senator DORGAN. Do you have plans in place to deal with a catastrophic levee or dam breach, should it occur? And, in general, 

what are those plans? 

General WALSH. Yes, sir. The funding to raise the last levee raise 

also required us to look at or continue to work with the city on 

emergency action plans, and we’ve been doing that. The plan covers 

notification and evacuation process if there is an overtopping failure, but also if there’s a non-flood sunny-day type of failure, as 

well. And so, we’re working with the city on that emergency action 

plan. 

Senator DORGAN. Chairwoman Pearson, how many acres of the 

Spirit Lake Nation Reservation has the tribe lost to Devils Lake 

flooding? Do you know about how many acres? 

Ms. PEARSON. We discussed that, I think, I believe, a couple of 

weeks ago, and the acreage just keeps going up and up. And I 

know out here we’ve got approximately—according to the environmental assessment—745 acres, but I know it exceeds that, and I 

can probably get an accurate figure from our realty people. 

[The information follows:] 

I met with our Tribal & BIA Realty staff to gather the information you requested 

regarding the flooding experienced at Spirit Lake for the past decade. Though an 

updated estimate will be completed in February 2009, our records indicate we’ve lost 

an estimate of 8,465 acres at an average value of $2,962,750. There was a relocation 

of 41 homes on trust lands and 7 on fee lands due to the flooding. (Documentation 

is on file.) 

FLOOD INSURANCE

Ms. PEARSON. But, that’s a big concern, there, because its trust 

property, we’re not eligible for flood insurance or any of those benefits. So, it’s always my concern when the land is flooded, because 

a lot of the folks there depend on that for their lease income, and 

livelihood, as well as—a lot of them live on their own land there. 
46 

Senator DORGAN. Does the tribe have an evacuation plan in place 

should there be some sort of levee failure in this region? 

Ms. PEARSON. I know somewhere back there in the audience I 

have our emergency manager, and I believe they’re in the last 

stages of finalizing that plan. 

Senator DORGAN. All right. 

Mr. Hartl, you say that a permanent solution for the roads in 

this region, in the event that we see this continued flooding, could 

exceed $280 million. Is that correct? 

ROADS

Mr. HARTL. The $280 million I referred to is the maximum range 

of alternatives for the ‘‘roads as dams’’ issue alone. The impacts of 

rising waters to other roads in the Devils Lake area, even those 

that are at the next major point of threat—1,455 is the level we’ve 

raised many, many routes to in this area when they are threatened—to raise those routes that have elevations between 1,455 and 

1,460, to raise those to, say, 1,465, to be out of the impact of Devils 

Lake, is at least another $250 million. 

Senator DORGAN. So, you’re talking about probably a half a billion dollars, at least, and the issue of dealing with these roads if, 

if you don’t deal with them, you just cut off a major part of the 

economy. I mean, you can’t leave a region stranded, without arteries of transportation opportunity. So, I mean, those are staggering 

numbers. Tell me, what would the normal cost-share be for State 

and local governments with respect to these kinds of programs? 

Mr. HARTL. Typically, in an emergency event, those very nearterm things that are dealt with in the first 180 days after a serious 

flood event, are at 100 percent for the ER funding. But by far most 

of these types of activities take a lot longer than that to happen, 

because the projects require huge volumes of materials and they 

are reimbursed at an 80–20 rate after that first 180 days. 

Senator DORGAN. So, 20 percent of that could be, presumably, 

local share—— 

Mr. HARTL. Yes, sir—— 

Senator DORGAN [continuing]. And—— 

Mr. HARTL [continuing]. Except for the federally owned roads, 

which are dealt with with the ERFO funds at 100 percent. 

Senator DORGAN. So, taking your larger number, of a half a billion dollars, that’s a $100 million local share. Is that local, or local 

and State? 

Mr. HARTL. Local and State. 

Senator DORGAN. Local and State share of $100 million. 

Mr. Vecchia, you indicated that your models do not take into account any global climate-change issues. What if they did? What’s 

your assessment there? 

CLIMATE CHANGE IMPACTS

Mr. VECCHIA. Well, you’re correct, we’ve dealt with climate variability, not necessarily change. In this part of the country, especially 

with respect to precipitation, the global climate models are very indeterminate and really haven’t seen any agreement on what might 

happen to precipitation, when that’s what governs the system, es-
47 

sentially. So, certainly, climate change could affect things in the future, but we really have no idea, at this time. 

Senator DORGAN. Mr. Vecchia, you gave us some pretty ominous 

testimony. You said there’s a 72 percent chance, I believe, that the 

wet cycle would continue another decade, and a, I believe, 37-percent likelihood it will continue for three additional decades. The 

consequences of that are that with this region already affected with 

soaked ground because of a wet cycle that has lasted a couple of 

decades; a wet cycle means runoff, it means additional flooding in 

Devils Lake, and it means consequences for the region. You are the 

Federal agency that we rely on to give estimates, but I think you’ve 

indicated in your testimony, you don’t know what’s going to happen; all you can do is use science as the best indicator of what you 

think will happen. Tell me about your level of confidence that a dry 

cycle won’t start next year. How confident are you with respect to 

these estimates? 

Mr. VECCHIA. I’m pretty confident in our research and the probabilities, for instance, that there’s a high likelihood it’ll go at least 

10 more years. It’s very unlikely it’ll end this year or next. Another 

issue is, we could have 3 or 4—it’s highly variable during this wet 

period, so we could have 3 or 4 dry years, which we did in 1988 

through 1990; 3 or 4 very dry years doesn’t mean we’re out of this 

wet cycle. So, we won’t really know, until, maybe, 5, 10 years in, 

that we’ve actually cycled back out. 

Senator DORGAN. So, you actually know when you see it in the 

rearview mirror—— 

Mr. VECCHIA. That’s essentially—— 

Senator DORGAN [continuing]. And look back a decade or two or 

three or four or five, and say, ‘‘Here’s what happened.’’ 

Mr. VECCHIA. Yes. It’s not very satisfying, but—just because of 

the variability of the system, it’s—— 

Senator DORGAN. Let me observe that in your briefing material, 

Mr. Vecchia, you describe fairly well into the start of a new wet 

cycle, a period of time when there was formed a committee to preserve Devils Lake, because it was dropping precipitously. Even at 

that moment, on your charts, we were 8 years into a wet cycle, and 

you described that as an anomaly, because the ground was parched 

and dry, and it took most of that early moisture to soak the ground 

before it really came all the way down from the basin. Well, I appreciate your estimates, even if they’re a bit discouraging. 

FLOOD MITIGATION

Mr. Frink, you see the estimates of cost here. The next flood 

mitigation steps, if we are, in fact, in a longer-term wet cycle, will 

exceed previous costs, by far, and, I expect, when I ask the mayor 

and the commissioner, will far exceed the ability of local government to pay for it, because this local government has largely spent 

the money it has to try to protect itself from the flood. What is your 

advice, and what kinds of counsel are you offering to the State government, and especially the legislative branch, who will be likely 

having to appropriate substantial funds for the local share, that I 

assume is not going to be available locally? 

Mr. FRINK. Well, I really haven’t thought so much about Devils 

Lake. I mean, I have thought a great deal about the water—total 
48 

water load for the State of North Dakota. Clearly, the State of 

North Dakota, in the last several years, has spent a lot of money 

in water. We’ve got $52 million into Grand Forks, we’ve pledged 

$100 million for the Red River Valley Water Supply Project, and 

we’re looking at upping that, as you know. And we’ve got needs, 

significant needs, all over. 

Clearly, the State is going to be asked to contribute to the costs 

at Devils Lake. We don’t have real good numbers, as far as, you 

know, what the total cost would be, but clearly we’ll do what we 

can, and there is a tremendous need, statewide, and we have to 

look at all of those—the whole package. 

OUTLET

Senator DORGAN. The outlet that was built, you indicate you still 

have some hopes that that will be usable. At this point, what has 

caused it not to be usable? And will those issues, you think, be resolved in the future? 

WATER QUALITY

Mr. FRINK. I think the main reason we haven’t used it as much 

as we anticipate is that the water quality in the Sheyenne River 

is less. We actually had a pretty good handle on the water quality 

in Devils Lake, but the water quality in the Sheyenne River is actually less and we need some of that pressure water in the 

Sheyenne for mixing. I think, as Devils Lake rises, however, the 

water quality will improve, and we are looking at ways to potentially improve the water quality. 

Senator DORGAN. Is the water quality on the east side of Devils 

Lake worse than or more degraded than the water quality, for example, on the west side, which I understand is quite good? 

Mr. FRINK. The water quality on the east side of Devils Lake is 

much worse than the water quality in the west. And I think it’s 

a factor of three, four, or five. So, probably the biggest problem that 

you have is that we have a boundary-waters treaty that we have 

to comply with, and that makes it very restrictive. And so, if you 

would look at the east side, and try and comply with that treaty, 

I think it would be very, very difficult. 

INFRASTRUCTURE

Senator DORGAN. Let me ask Commissioner Belford and Mayor 

Bott, as well. You hear the testimony here about roads and levees 

and issues that might have to be resolved and addressed, and I 

hear from you, from time to time, about the financial situation. 

You’ve already exhausted most of any discretionary funds that are 

available to fight the flood. Tell me about the financial situation of 

both the county and the city, to begin in the next 2, 4, 6, 8 years, 

to address a potential of half a billion dollars for roads and levees 

and so on. 

Mr. BOTT. Well, Senator, obviously this is uppermost, doing 

something with the levee, but we talked about other infrastructure, 

and, within the city and within the county there are many other 

infrastructure needs. Unfortunately, some of them are infrastructure needs that haven’t be met, because of the needs to do some-
49 

thing with the levees, so in the event that more local funding is 

needed, we’re going to have to look at cutting back on infrastructure costs, and certainly infrastructure improvements, to the very 

least, and I’m not sure what that would be to protect the community, protect the residents in their own Devils Lake. That’s the 

main priority, and if we need to cut back on everything else, then 

obviously that’s what we’re going to have to do. 

Mr. BELFORD. And along with that, Senator—and I’ll use the example, Highway 57, we lost that in 1997 and 1998, which handles 

about 5,000 cars a day. Use the example of my own business. We 

dropped 35 to 40 percent. And many of the other ones in town did, 

as well, and then, also Highway 19 going under. So, there is a definite impact. And also, in my business I happen to have the U-Haul 

franchise, so I see what’s going on in our area, coming and going. 

And it is very traumatic. And, of course, with the county, we’ve 

spent a fair amount of money, and, as you know, Federal Highway 

dollars are tightening up. Hopefully be at that hearing, as Senator 

Conrad—or Conrad in Minot. But, it’s affecting us, it’s affecting our 

tax base. We’re used to—all of the land that’s flooded in Ramsey 

County down to wasteland taxes—same way with the homes that 

were moved off the lake that—they were fairly high-value taxes 

that we lost. So, it has been a financial distress to the county, as 

well. 

Senator DORGAN. General, I know that this is your first trip here 

in your current position, but I think you get a full flavor of the potential, having heard from the Federal Highway Administration, 

USGS, from the Spirit Lake Nation, and State and local officials. 

I mean, this is a real dilemma. It’s been going on for years. It may 

go on long past our service. But, your term is how long, General 

Walsh? How long are you expected to be in this position? 

General WALSH. Two, 3, 4 years, whenever the chief engineer 

says it’s time to move on. 

Senator DORGAN. All right. Well, let me say this to you. Hang in 

there. Okay? 

We need some continuity. And so, just hang in there. And we’re 

going to need your help, a lot of help. 

Odell Flaagen, who’s in the audience, took me out to the 

Talnacooli—what is that, 5 years ago, Odell, probably?—and 

said—— 

Yes, I made a couple of trips, but the first one is 5 years ago. 

So, Odell says, ‘‘Well, here’s something we need to do. We need to 

knock down that elevation over at the Talnacooli.’’ That was some 

years ago. Now I see that, in the Corps of Engineers newsletter of 

March 2008, they’re going to talk about five things in some of the 

regional areas. One is to lower the existing elevation for the current overflow of the Talnacooli. 

So, when I talk about Groundhog Day, I mean, things just keeping coming round and round. There are a lot of folks here—a lot 

of folks in this audience serving on county commissions, serving on 

water boards, or just interested people, that know a lot about this 

region and have a lot of interesting, thoughtful ideas, many of 

which are just dismissed by others. But, I think a deep reservoir 

of common sense and knowledge exists here about how to begin the 

ideas of addressing this issue. It’s going to take a lot of resources, 
50 

a lot of patience, a lot of time. So, General, I appreciate your coming up. 

I want to turn over to Congressman Pomeroy for a series of questions. 

And I want to, again, thank all of the witnesses for answering 

questions. 

I’m going to be submitting—I’ll probably ask a question or two 

following Congressman Pomeroy, then I’m going to submit a series 

of questions to each of the witnesses, as well, so that we get a full 

flavor of issues dealt with at the hearing. 

I did not introduce Jim Hand, who is here on behalf of Senator 

Conrad. Jim is right over here. Senator Conrad was unable to be 

here today. 

Congressman Pomeroy? 

Mr. POMEROY. Thank you, Mr. Chairman. And I’ll be brief. This 

will trigger some follow up from my office to various agencies, as 

well, following the hearing, but I know we’re under some time pressure to wrap this up. 

General, we know that—your prior assignment, on behalf of the 

United States Government, boots-on-the-ground in Iraq, and we’re 

thankful for your service. 

General WALSH. Thank you, sir. 

LOCAL LEADERSHIP

Mr. POMEROY. We thank you, your boots-in-the-water up here in 

Devils Lake, learning firsthand, even as you assume the command 

based in Mississippi, what we’re dealing with up here. It’s a unique 

problem, and I think you’ve got to see it to really begin to understand it. I’m glad you had the chance to work with some North Dakotans in Dale, especially as the deputy commander there. You’ve 

come to know that North Dakotans, we like to solve problems. In 

fact, we’ve had very good synergies with the St. Paul office of the 

Corps, I’ve come to know them as great problem-solvers, and we’ve 

had no end of problems to try and solve, but, this one, while we 

can try and manage the circumstances, the emergency du jour that 

the lake presents, it is not a problem that has been solvable in the 

global, long-term we’re-done-with-that-one sense. So, there’s a lot of 

frustration, in terms of trying to deal with a problem like this. 

I think that a couple of things you could find in a problem like 

this are fatigue of local leadership and complacency of a broader 

political environment for a problem that goes on and on, and 

doesn’t go away. I’m very proud of our local leaders, because in the 

face of as frustrating an issue as you could deal with, they are absolutely steadfast. And the testimony today, especially Joe’s, shows 

just how completely dedicated they are, and the kind of stubborn 

persistence that you’ve got in local leadership, that we’re going to 

continue to provide, really, proactive, farsighted, deeply knowledgeable leadership on this problem. I think you’d have a lot of people 

just walking away, saying, ‘‘This is someone else’s turn.’’ Not local 

leadership here and it’s really to be commended. 

As to complacency, I am worried about this one. We haven’t 

heard about dramatic increases in lake levels for a couple of years, 

and people may be thinking, ‘‘Well, that seems to have settled 
51 

down.’’ Of course, the harsh reality is that it’s just been filling up 

Stump Lake, volumes ever greater, ever greater. 

I really thought, Skip, your testimony was terrific today, in terms 

of giving us a picture of the tremendous volume increases we have 

sustained. So, starting back in 1980, when we had the parched 

soils that could take a lot, to now, when—with Stump Lake full to 

the brim, is it a fair statement, Skip, that this—by way of an analogy, if this was a bathtub, the bathtub sits full to the brim—is that 

right? You got any other place we can put some—— 

Mr. VECCHIA. The—basin—— 

Mr. POMEROY [continuing]. You got any other place—— 

Mr. VECCHIA. Yes. 

Mr. POMEROY [continuing]. We can put water? 

Mr. VECCHIA. Yes. There really isn’t much more place for water 

to go. 

Mr. POMEROY. You know, upstream is full, soil is saturated; 

Stump Lake topped; this is full. And as you assess risk probabilities, the most significant of that, then, is you’ve got an additional inflow, you hit another spurt in the wet cycle, we’re dealing 

with fairly—you know, a likelihood of elevation increases of a character that’s going to require a very expensive disaster response. Is 

that correct? 

Mr. VECCHIA. That’s correct. 

COST ESTIMATES

Mr. POMEROY. Dale, given your long work with this at the commission, is it your evaluation that every response—as we hit trigger points going north of here—and I know that’s the Corps’ plan, 

not the State’s plan—but, for all the money that’s been spent—and 

I know Federal Highway says they’ve put in $266 million, to date— 

it quickly becomes, by a magnitude, more expensive, going to higher elevation protection response, from here, is that correct? 

Mr. FRINK. Yes, absolutely. You know, our numbers are showing when you add everything up, we’re well over $500 million, and 

that’s at $266 million. It’s like the Devils Lake waterline, it’s the 

outlet, and it’s the dike around Devils Lake. And the dike around 

Devils Lake is going to be—the next raise is going to be, I think, 

more expensive than the first—and were two or three different 

raises. And so, I think the next raise is going to probably be more 

expensive than all the others put together, just because of the 

length of it and the height and everything that we have to deal 

with. So, yes, it’s just getting more and more expensive. 

Another huge impact that we have to consider—and that’s over 

in that map—right now, that Devils Lake is about where that mob 

color is, and the green is where it gets to 1,458, 1,459. And if you 

look at that northwest sector, that is good farmland. And that’s not 

even covered in these costs that we’re looking at. So, we’ve got 

some huge, huge issues here. 

Mr. POMEROY. It looks like a lake increase of about another 40 

percent or so. 

Mr. FRINK. It is. I think it’s, like, 140,000–150,000 acres today, 

and that green covers 260,000. And a lot of that green is really 

good farmland. 

Mr. POMEROY. The—— 
52 

Senator DORGAN. Earl, could I just ask—— 

Mr. POMEROY. Yes. 

IMPACTS ON FARMLAND

Senator DORGAN. I’m sorry to interrupt you on that, but can I 

ask a question on that point? 

There are a lot of folks that have lost farmland due to this lake, 

and my understanding is that at some point, the loss of that land 

from the person that is owning or farming that land, the title goes 

to State government. Is that correct? 

Mr. FRINK. Senator Dorgan, it’s a temporary type of thing. Essentially, because Devils Lake is a navigable body of water, when 

the State ends up owning the bed that’s under water, however, as 

the lake recedes, then it goes back. So, we only own the water— 

the land under the water. And we will lose that land as soon as 

it—well, when the lake recedes. And it will, at some point in time. 

Senator DORGAN. But, they may be dead by then. I mean, 

this—— 

Mr. FRINK. Oh, it’s going to take a long time for it to go down. 

Senator DORGAN [continuing]. This inundation could last decades. And my question—the reason I ask the question is, if a private landowner loses land because of inundation to the lake—I understand the State needs to, and is legally required to control the 

lake bed—but, has there been any discussion or recommendations 

to the State legislature to provide some assistance or recompense 

to those whose property is inundated and is now reverted to State 

control or ownership—or control, I should say? 

Mr. FRINK. Senator Dorgan, I’m not aware of anything that 

would, say, compensate those landowners. 

Senator DORGAN. Do you think it would be useful to consider 

that? And—if, in fact, at some point, three or four decades from 

now, that land will go back to the landowner, that landowner may 

long be gone. But, I’m wondering if there shouldn’t be some mechanism in State law. This is obviously something for the State legislators to consider. If private land goes into State ownership with no 

recompense at all to the landowner, I’m wondering whether there 

shouldn’t be some mechanism by which that landowner is reimbursed for that. 

Mr. FRINK. Well, that is something for the legislature to take a look at, but at this point—and the $500 million does not count any 

of those types of lands. And so, it is a huge loss to a lot of people. 

CONCLUSIONS

Mr. POMEROY. I guess I would just sum up with the conclusions 

I’ve drawn from this morning’s hearing. And, Senator Dorgan, I’ve 

found the hearing to be a very helpful update, so many perspectives coming together. 

And the basin is full, there is a high probability the wet cycle is 

not over, and further response is going to be more expensive and 

difficult for them. Clearly, there’s a dual track we have to go from 

here, and that is, certainly, that the planning for difficult scenarios 

needs to really, really barrel along. If there is some easing up within the agencies, based on lake elevation, that’s completely missing 

the picture up here. We’ve been filling this lake right along, and 
53 

there’s a strong chance we’re going to have to be moving into areas 

we never wanted to move into, in terms of disaster response. We’ve 

got to have the plans. We’ve got to be offset. 

A second track is one that I’ll accept, as a Representative of 

North Dakota in Congress, and that is, we’ve got to begin conditioning our colleagues that this is, as Joe Belford said, a slow-moving accident, a slow-motion accident, and it continues. We’ve had 

a fair amount of national press. Nothing for a year or two, but, that 

doesn’t mean we’re not about to be requiring substantial commitment of additional Federal resources here, and we should probably 

wage a major educational campaign this year in anticipation of 

having to come back earnestly for serious dollars down the road. 

Is there any response to these observations before I yield back? 

Yes? 

GROUNDWATER

General WALSH. Senator and Congressman, there’s one area that 

we’ve not talked about today that I have a lot of great concern for. 

And as the lake continues to grow, if it does—the groundwater 

issue. And my home in the basin is at 1,457, and I’m running three 

sump pumps. And we have all seen what has happened around the 

area. And if the pressure on that lake bed—and I don’t know a 

whole lot about that kind of hydrology, but I know that the more 

pressure that goes on that lake bed, the bigger it gets, it’s going 

to start—more groundwater. And if that starts, I’m not sure what 

we do. And so, it’s so important that we either find a way to move 

some water out of here, whether it’s on the east end, more on the 

west end, treatment plant, whatever, we have to look at all the options, because soon it’s going to consume us, one way or the other. 

Mr. POMEROY. Well, we remember, in the earlier going, the hydrostatic pressure virtually busting up basement floors. 

General WALSH. That’s correct. And I know a person right now 

that’s trying to market their home that lives out by the levee, and 

their floor is heaving, and they’re having trouble getting people 

even interested in it. 

Mr. POMEROY. At the same time, Joe, I want to note—and I 

think it’s a useful thing in the record, you put in—the fishing is 

better than ever, and there is an economic opportunity this region 

is capturing aggressively to make the best of a bad situation. 

There’s an example that just sticks vividly in my mind. 

Minnewaukan, which used to be 7 miles from lake’s end, General, 

had a little hairstyling salon you’d see on 281, driving up. Well, for 

many years now, that has been a bait and tackle shop as the water 

is now at the edge of that facility, and—just an example of the local 

adaptation of the economy, which I think is, again, trying to make 

the best of a bad situation. 

Joe? 

IMPACTS ON INVESTMENT

Mr. BELFORD. One other concept that—I also serve on the board 

of Devils Lake, the economic development board, and it’s very, very 

tough for us to bring anything in of any size because of the problems that are facing us with the lake. A major investment is almost 

unheard of. 
54 

Mr. POMEROY. You made that point in infrastructure. Even while 

we responded to recreational opportunity to boat ramps, for example, where do you put them, and how—you don’t—we’re really 

chasing a moving target here. So, permanent infrastructure that’s 

going to seize even the fishing opportunity has been tricky. 

Mr. BELFORD. Well, that’s correct. But, there is a movement 

ahead—forward—as a result of the task force that Bob is chairing, 

and it’s been turned over to Rick Anderson planning now. And I 

don’t know if all the resolutions are in for the countries and the 

tribe yet, but to form some kind of an authority to start to put together a recreational potential around the lake, for ramps and RV 

parks and those kinds of things, which are very much needed if 

we’re going to continue to make this a choice recreational area. 

Mr. POMEROY. Yes. I mean, it—the two faces of the problem. 

You’re planning a levee raise, and planning the new RV area—— 

Mr. BELFORD. That’s right. 

Mr. POMEROY [continuing]. All at the same time. This is a community that has not shrunk from a very difficult challenge. I 

couldn’t be prouder of the leadership here, and the—basically, reflecting the, I think, strength of character of the people who live 

in Devils Lake. They’re not moving away, they’re dealing with this 

issue, and we want to be full partners. 

And, Senator Dorgan, thank you, again, for holding this hearing. 

Senator DORGAN. Congressman Pomeroy, thank you very much. 

General Walsh, I have written to President Bush, about 11⁄2

months ago, asking him to designate a lead agency to deal with 

these issues. And by that I mean not just through the end of this 

year, through this administration, but we need a lead Federal 

agency that says, ‘‘Here, we’re bringing together and coordinating 

all of the Federal efforts.’’ We have, here at the table, Federal 

Highway Administration, Geological Survey, FEMA—we have a lot 

of Federal agencies that come to bear on these issues, and I hope 

that I’ll get information from the administration about a lead agency. 

But, I think it is the case that what we hear now, and what we 

know now, is that the worst isn’t behind us, the worst might yet 

be ahead of us if we continue to see a decade or two or three of 

additional wet-cycle activities here. And so, the question is: What 

do we have to do to prepare for that, to mitigate the damages, to 

deal with all the consequences? And the testimony today suggests 

that’s going to be very expensive. 

One of the reasons that I want to be attentive to this is, in my 

subcommittee, where we fund the Corps of Engineers, we’re going 

to have to provide the funding that is necessary for you to do your 

work here and to be aggressive and in front of the curve. And so, 

we have a lot to think about, it seems to me. 

STUMP LAKE

I guess one final question. This will be the first year in which 

Stump Lake is now full. Right? Stump Lake, I think, rose 15 feet 

in 2 years. It quickly filled up. Had it not filled up, I don’t know 

exactly what would have happened to Devils Lake, but Devils Lake 

would be higher than it is now. Instead, the water went into 

Stump, and Stump is now full. So, we come into a spring and sum-
55 

mer season for the first time with Stump Lake full, and it likely 

will mean an increased elevation in Devils Lake. 

Mr. Vecchia, tell us, again, what you sense might happen this 

year with respect to an increased elevation. 

Mr. VECCHIA. Well, the Weather Service for this year, they do a 

short-range prediction, and I’m not sure what they predict. But, as 

far as what we found, there’s a 1 percent chance of reaching 1,452, 

which is, you know, 5 feet, which is a tremendous volume of water. 

I think that’s about 800,000 acre-feet of inflow. So, there’s a chance 

that we could see several feet. Not a high chance, but a relatively 

high risk. Let me put it that way. 

Senator DORGAN. You would expect the water level to increase, 

however. 

Mr. VECCHIA. It should increase some, but with what’s in the 

basin right now, I don’t think the outlook is for—— 

Senator DORGAN. I understand. 

Mr. VECCHIA [continuing]. Large increases. 

Senator DORGAN. Well, I want to thank all of you for being here 

and providing information and testimony. I think it, once again, 

puts all the spotlights on one spot and that is this issue of chronic 

flooding. 

The dilemma that Congressman Pomeroy, Senator Conrad, I, the 

Governor, others, have had with this issue is the local folks understand it’s happening, because they live with it every day, but, the 

news of Devils Lake, when you have chronic lake flooding, is different than the news of a river flood. A river flood is a raging flood, 

and you hear it, you see it, it takes houses and cars and destroys 

property quickly, and then all of a sudden it subsides and there’s 

this calm. You see both sides of that on the television news. 

CHRONIC FLOODING

This is a flood that’s different. Lake flood is different. It comes, 

and it stays. And this has been chronic flooding. And it appears at 

least the likelihood is that it will get better before—I should say, 

it’ll get worse. It appears, based on the testimony of Mr. Vecchia, 

that we are in for more runoff and a wet cycle, and that we will 

have more challenges to try to respond to it in the coming, perhaps, 

10 years. So, this is not something where you snap your finger and 

say, ‘‘Here’s a solution, we’ll fix it,’’ and, as of next Wednesday, it’s 

done. That’s not what this region faces. 

But, I think what we do need—we’ve put together this task 

force—Bob Vellue and my staff has been heading up a task force— 

but, what we do need to convene is a task force that has a lead 

Federal agency, and has, obviously, the State and local governments, and all of us working together. We’ve had a lot of cooperation from everybody for a long period of time. My purpose in convening this hearing is to try to understand better what we face, because a substantial portion of what we face will have to be financed, and that’s going to take a lot of money, at some point. 

I’d like to mention two other points. I’m going to recess the hearing in a moment, and there are two other items of business—not 

subcommittee business; but, my understanding is that the Joint 

Water Resource Board wishes to make a presentation. And if you’d 

all stay for just a moment, Mike Connors, I think, is going to want 
56 

to make a presentation. Bob Vellue, of my staff, is retiring. He’s 

about 94 years old or so. 

He doesn’t get around much anymore, his wife retired last year, 

Bob has announced he’s retiring from public—from Federal service. 

And so, I believe that Mike and the Joint Water Board wishes to 

make a presentation to Bob Vellue. I should just say, Bob Vellue 

has been an unbelievably important resource for me, for our State, 

and for the Devils Lake region. I personally very much appreciate 

his great work. 

Following that, I want to make a presentation to a veteran. It’ll 

just take a moment. 

But, if you will stay seated just for a moment, I’m going to adjourn the hearing, call Mike forward for the first presentation, after 

which I’ll make the second presentation. 

CONCLUSION OF HEARING

This hearing is recessed. 

[Whereupon, at 12:15 p.m., Tuesday, March 25, the hearing was 

concluded, and the subcommittee was recessed, to reconvene subject to the call of the Chair.] 

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