Upper Missouri River Basin Commission

Upper Missouri River Basin Commission
Name	Upper Missouri River Basin Commission
Formation	1980s
Dissolution	1990s
Headquarters	Bismarck, North Dakota
Region served	Montana; North Dakota; South Dakota; Wyoming; Nebraska; Colorado; Kansas; Minnesota
Membership	Governors; state engineers; federal agencies
Leader title	Chair
Parent organization	Interstate organizations

Upper Missouri River Basin Commission The Upper Missouri River Basin Commission was a multistate compact commission formed to coordinate water resources planning, flood control, navigation, hydropower, irrigation, and environmental restoration in the Upper Missouri River watershed. It brought together state executives, state engineers, federal agencies, tribal governments, and regional stakeholders to address issues arising from major infrastructure such as the Garrison Dam, Fort Peck Dam, Oahe Dam, and the historical impacts of the Pick-Sloan Missouri Basin Program. The commission operated alongside institutions like the Missouri River Basin Association, the U.S. Army Corps of Engineers, and the Bureau of Reclamation to reconcile competing claims among states including Montana, North Dakota, South Dakota, Wyoming, Nebraska, Colorado, Kansas, and Minnesota.

History

The commission was conceived in the aftermath of the controversial Pick-Sloan Plan and the environmental and social disputes surrounding reservoir construction at Fort Berthold Indian Reservation, Standing Rock Sioux Tribe territory, and the Cheyenne River Sioux Tribe. Early meetings included representatives from the offices of governors such as those from Ed Schafer (North Dakota) and Stan Stephens (Montana) and engaged federal officials from the Department of the Interior, the Environmental Protection Agency, and the U.S. Fish and Wildlife Service. Debates over water allocation recalled precedent from the Kansas v. Colorado litigation and the interstate compact frameworks like the Colorado River Compact and the Mississippi River Commission. The commission’s lifespan intersected with major policy shifts under the Clean Water Act amendments and the administration of presidents including Ronald Reagan and George H. W. Bush.

Mandate and Functions

The commission’s charter assigned roles comparable to those of the Interstate Commission on the Potomac River Basin and the Great Lakes Commission, focusing on integrated basin planning, flood risk reduction, reservoir operations, and water quality coordination. It sought to harmonize operations of projects managed by the U.S. Army Corps of Engineers and the Bureau of Reclamation with state water law doctrines derived from cases such as Nebraska v. Wyoming and doctrines influenced by the Missouri River Master. It provided forums for mediation in disputes over allocations referenced in compacts like the North Dakota Compact and coordinated environmental compliance under statutes like the National Environmental Policy Act and the Endangered Species Act with parties including the Santee Sioux Nation and conservation NGOs such as the Audubon Society and The Nature Conservancy.

Organizational Structure

The commission assembled delegations from state executive offices, state water engineers, and legislative appointees, modeled on interstate bodies such as the Atlantic States Marine Fisheries Commission. Its governance included an executive committee, technical advisory panels populated by hydrologists from USGS, biologists from the U.S. Fish and Wildlife Service, legal counsels versed in precedent like Kansas v. Nebraska and Colorado, and liaisons to tribal governments including representatives from the Mandan, Hidatsa and Arikara Nation. Working groups addressed subjects spanning hydropower interests of utilities like Basin Electric Power Cooperative, irrigation districts such as the Central Irrigation District, and navigation stakeholders including the American Waterways Operators.

Major Projects and Initiatives

Initiatives coordinated by the commission encompassed basin-wide flood plain mapping comparable to efforts by the National Weather Service and the Federal Emergency Management Agency, sediment management studies downstream of Fort Peck Lake, and joint contingency planning for drought periods akin to programs run by the Western Governors’ Association. The commission facilitated multiagency studies on reservoir re-operation to balance hydropower generation tied to entities like NorthWestern Energy, irrigation demands of the Central Plains Water Conservation District, and endangered species habitat recovery efforts for species protected under listings by the U.S. Fish and Wildlife Service such as the pallid sturgeon and least tern.

Environmental and Water Management Issues

The commission confronted legacy impacts from reservoir inundation on tribal lands including displacement issues raised by the Fort Berthold Community, water quality challenges from agricultural runoff associated with the Platte River Basin tributaries, and contamination incidents that engaged the Environmental Protection Agency and state Departments of Environmental Quality. It addressed sedimentation dynamics informed by research from the United States Geological Survey and ecosystem responses studied by the University of Montana, South Dakota State University, and the University of North Dakota. Debates over flow regimes invoked precedents set in interstate litigation such as South Dakota v. North Dakota-style controversies and consultations with the National Marine Fisheries Service when fisheries or migratory species were affected.

Interstate and Federal Relations

Operating at the nexus of interstate compacts and federal project authority, the commission mediated between state sovereignty claims exemplified in compacts like the Upper Missouri River Compact analogues and federal mandates from agencies including the Department of the Interior and the U.S. Army Corps of Engineers. It interfaced with congressional committees such as the House Committee on Natural Resources and the Senate Committee on Environment and Public Works when seeking authorization or funding, and coordinated with regional entities like the Missouri River Recovery Implementation Committee and the Missouri River Basin Association. Its legacy influenced later cooperative mechanisms among states, federal agencies, and tribal governments in the management of transboundary river systems across the American West.

Category:Interstate organizations of the United States Category:Missouri River