Red River diversion group appeals decision to halt project
Nov. 06, 2017
FARGO, N.D. (AP) — The Fargo-Moorhead Diversion Authority is appealing a ruling by a federal judge that halted construction of the Red River diversion.
U.S. District Judge John Tunheim of Minnesota issued the order in September, saying the diversion authority and Army Corps of Engineers did not have the required permits from the Minnesota Department of Natural Resources.
Tunheim granted a preliminary injunction sought by the Minnesota DNR and the Richland-Wilkin Joint Powers Authority, a group of upstream residents who have sued to block the project.
Lawyers in the case say the notice filed Monday with the 8th U.S. Circuit of Appeals is a protective appeal because the two sides have agreed to suspend legal proceedings while a task force works on solutions to the dispute.
The task force has a Dec. 15 deadline.