As Mark Twain said, whiskey is for drinking and water is for fighting.
The Army Corps of Engineers recently started a rule-making process in an effort to manage and “sell” surplus water from the Missouri River reservoirs. The process is an attempt to quantify so-called surplus river water. The Corps’ initial report states, “some amount of surplus water can be made available for a period of up to 10 years for municipal and industrial use without adversely affecting existing lawful uses of the water.” This effort to define, quantify and sell surplus water is unprecedented. The proposed action by the Corps would both restrict access and charge a fee for access to surplus river water. The method used by the Corps to define surplus water is arbitrary. Two important developments have occurred concerning this project: the Corps has extended the public comment period on the project, and Congress has started to act.
South Dakota and North Dakota have a legally established right to manage Missouri River water.