The Roundup -

LYIP Summary Judgement Hearing


The Lower Yellowstone Irrigation Project Summary Judgment hearing was held April 26 in Great Falls. Over 250 people watched the proceedings. After the hearing supporters of LYIP posed for the photo above. LYIP provides irrigation water to a large portion of eastern Montana extending into western North Dakota. These farming operations form the economic base for the region. District Court Judge Brian Morris will decide if the numerous claims by the Defenders of Wildlife and Natural Resources Defense Council that the proposed new weir & bypass project and current operations of both LYIP & the Fort Peck Dam violate the Endangered Species Act, the National Environmental Policy Act and the Clean Water Act. The judge also heard arguments addressing the ruling of the 9th Circuit Court of Appeals to vacate a previous preliminary injunction placed on the proposed new weir & bypass project by Morris as it applies to the Summary Judgment proceedings. The proposed project is designed to aid the endangered pallid sturgeon to move upstream to spawn and also continue to provide irrigation water with a gravity fed system. See future issues of The Roundup and for updates.


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