Legal Documents

View and download the legal documents associated with the diversion project, including agreements, memoranda, permits and more.
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Settlement Agreement

After negotiations by the Metro Flood Diversion Authority, Richland-Wilkin Joint Powers Authority, Buffalo-Red River Watershed District, and the Minnesota cities of Wolverton and Comstock, the settlement agreement was signed Feb. 1, 2021. It resolves all claims, actions, disputes and litigation that occurred when the project plan switched to the current design that is now being built.

Settlement Agreement

Adaptive Management & Mitigation Plan (AMMP)

The AMMP provides a dynamic framework and adaptive approach to monitor environmental conditions over time. It also measures the effectiveness of mitigation efforts established through the U.S. Army Corps of Engineers’ Environmental Impact Statement as well as two Environmental Assessments.


Attachment A

Attachment B

Attachment C

Joint Powers Agreement (JPA)

The JPA outlines respective duties, responsibilities and obligations of the member entities working on the FM Area Diversion comprehensive project. The agreement is between the Metro Flood Diversion Authority and the cities of Fargo, North Dakota, and Moorhead, Minnesota; Cass County, North Dakota; Clay County, Minnesota; and the Cass County Joint Water Resource District.

Joint Powers Agreement

Original Project Partnership Agreement (PPA)

The PPA describes the relationship between the U.S. Army Corps of Engineers and the Metro Flood Diversion Authority, City of Fargo and City of Moorhead as well as outlines the roles and responsibilities for construction, operation and maintenance of the FM Area Diversion.

Original PPA

Amended Project Partnership Agreement (PPA)

The PPA amendment was executed March 8, 2019. It increases the federal contribution to the FM Area Diversion comprehensive project from $450 million to $750 million.

Amended PPA

Memorandum of Understanding (MOU)

This MOU sets the foundation for using a public-private partnership (P3) to design, build, finance, operate and maintain the FM Area Diversion. It establishes responsibilities for both government and non-federal entities working on the project.



401 Water Quality Certificate from State of ND

Water Quality Certificate

North Dakota Construction Permit

ND Construction Permit

Oxbow-Hickson-Bakke Levee Department of the Army Permit and Attachments

OHB Levee Permit & Attachments

Approval Letter and Construction Permit from North Dakota State Engineer

ND State Engineer Approval & Permit

Floodplain Development Permit to Cass County Joint Water Resource District

CCJWRD Floodplain Development Permit

Floodplain Development Permit to City of Oxbow

Oxbow Floodplain Development Permit