Armstrong leads governors in letter opposing attempt to restrict states' authority to use Missouri River water
BISMARCK, N.D. – North Dakota Gov. Kelly Armstrong and the governors of Colorado, Montana, South Dakota, Utah and Wyoming sent a joint letter to Congress today opposing an attempt to restrict their authority to use Missouri River water in their states.
The governors oppose Section 120 of the 2026 Water Resources Development Act as passed by the U.S. House of Representatives on Sept. 16, which would prohibit water from being diverted or exported from the Missouri River or any of its tributaries for use outside Missouri River states unless approved by all the governors of Colorado, Minnesota, Montana, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri and Wyoming. In addition, Section 120 would prohibit the U.S. Army Corps of Engineers from even studying the feasibility of such projects without the governors’ unanimous consent.
Armstrong led the letter against Section 120 along with Gov. Jared Polis of Colorado, Gov. Greg Gianforte of Montana, Gov. Larry Rhoden of South Dakota, Gov. Spencer Cox of Utah and Gov. Mark Gordon of Wyoming.
“Neither the federal government nor any individual state gets to tell North Dakota how to use Missouri River water as it passes through our state,” Armstrong said. “Our right to use Missouri River water as we deem necessary – whether it’s for drinking water, irrigation, industrial uses or emergency water supplies during a drought – is clearly established in both state and federal law, and we will strongly resist any attempt to infringe on that authority. The path forward for the Missouri River needs to be shaped collectively by the basin states working together, and we welcome every basin state to the table to find solutions that respect each state’s individual rights and interests.”
States have possessed primary authority over the allocation and use of water within their borders since at least 1877 when Congress passed the Desert Land Act, and eight western states – including North Dakota – protect ownership of the state’s water resources to the people of their state through their constitutions, the letter notes.
The letter was sent to the chairmen and ranking members of the House Transportation and Infrastructure Committee and the Senate Committee on Environment and Public Works.
“Imposing this language onto the Missouri River states through federal law violates principles under both the state and federal constitutions and statutes, as well as upends basic tenets of established water law principles,” the letter states. “Such a provision is certain to invite protracted litigation as well as delay necessary infrastructure projects.”
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