Legal Documents

Settlement Agreement

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

Adaptive Management & Mitigation Plan (AMMP)

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

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.

Project Partnership Agreement (PPA) (Original)

The Metro Flood Diversion Authority, City of Fargo, and City of Moorhead are non-federal sponsors for the FM Area Diversion Comprehensive Project. The PPA establishes the roles and responsibilities of these sponsors in working with the U.S. Army Corps of Engineers on construction, operation, and maintenance of the project.

Project Partnership Agreement (PPA) (Amended)

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

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 sponsors.

Permits

401 Water Quality Certificate from State of ND

Doc date:  February 4, 2016

North Dakota Construction Permit

Doc date:  July 8, 2016

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

Doc date: June 2, 2014

Approval Letter and Construction Permit from North Dakota State Engineer

Doc date: June 19, 2014

Floodplain Development Permit to Cass County Joint Water Resource District

Doc date: May 12, 2014

Floodplain Development Permit to City of Oxbow

Doc date: May 12, 2014