1. Perpetual Discord? Missouri River Conflict-Resolution Efforts John E. Thorson June 2015

2. The Pick-Sloan Plan was an historic compromise. Why 70 years of conflict?

3. Conflict-Resolution on Interstate Rivers Interstate compacts Original actions before Supreme Court Congressional action Informal, sub-national arrangements

4. Failure of the Pick-Sloan Plan to Resolve Conflict Inherent contradictions Affected interests & parties left out of the Plan Implementation failure Ineffective administrative entity Unanticipated developments & inflexibility

5. Conflict-Resolution Efforts Missouri Basin States Association (MBSA) ETSI Pipeline Project v. Missouri (SCOTUS 1988) 1986 State Negotiations Northern Lights Institute/Missouri River Assembly (1985-90) Negotiations re Master Manual Review (1996-97) National Academies/National Review Council (2002)

6. Conflict-Resolution Efforts Missouri River Summit (2003) Impact of Endangered Species Act Listings & Biological Opinions (2000, 2003)

7. Conflict-Resolution by Litigation South Dakota v. Ubbelohde (8 th Cir. 2003) Disparate U.S. District Court Litigation (SD, ND, NE, DC) (2002-03) Multidistrict Litigation Panel Consolidation Judge Paul Magnuson (D. MN) (2003-04) In re Operation of the Missouri River System Litigation, No. 07-1149 (8th Cir. Feb. 8, 2008)

8. MRRIC Federal Working Group (2006) – USACE & USFWS as lead agencies Water Resources Development Act (2007) Planning Group & Drafting Team (2007-08) MRRIC Charter (July 1, 2008)

9. 28 Stakeholders 16 Interest Categories o Agriculture (2 members) o Fish & Wildlife (2 members) o Irrigation (1 member) o Navigation (1 member) o Recreation (2 members) o Water Quality (2 members) o Water Supply (2 members) o Conservation Districts (1 member) o Flood Control (2 members) o Major Tributaries (2 members) o Thermal Power (2 members) o Hydropower (1 member) o Local Government (2 members) o Waterway Industries (2 members) o At Large/Other Interests (2 members) o Environmental/Conservation Orgs (2 members) As of 2010-2011

10. Missouri River Basin Tribes

11. Maritime Administration National Park Service National Weather Service / NOAA US Coast Guard USDA Forest Service USDA Natural Resources Conservation Service US Geological Survey Western Area Power Administration US Army Corps of Engineers US Fish & Wildlife Service Bureau of Indian Affairs Bureau of Land Management Bureau of Reclamation Environmental Protection Agency Federal Highway Administration Federal Agencies Represented

12. Role of MRRIC Bank Stabilization and Navigation Project (BSNP) Mitigation Plan Water Resources Development Act (WRDA) of 2007 2003 Biological Opinion (BiOp) (amended) 2003 Biological Opinion (BiOp) (amended) MRRIC Provide Recommendations Missouri River Ecosystem Restoration Plan (MRERP) (Study) Missouri River Ecosystem Restoration Plan (MRERP) (Study) Missouri River Recovery Program (MRRP) (Existing Recovery & Mitigation Plans) Missouri River Recovery Program (MRRP) (Existing Recovery & Mitigation Plans)

13. Independent Science Panel Oak Ridge Associated Universities – Third Party Science Neutral Independent Science Advisory Panel – 6 members Independent Social Economic Technical Review Panel – 3 members

14. Independent Science Panel Steven M. Bartell, Ph.D. – Quantitative Ecologist/Statistician Martin W. Doyle, Ph.D. – River Hydrologist/Geomorphologist Adrian H. Farmer, Ph.D. – Least Tern/Piping Plover Specialist Christopher S. Guy, Ph.D. – Sturgeon Specialist Gary Lamberti, Ph.D. – Aquatic/Riverine Ecologist Dennis D. Murphy, Ph.D. – Conservation Biologist

15. Assessment Litigation – Watch your dosage Who should be at the table? When is too many too cumbersome? When is there an agreement in multi-party negotiations? Consensus is a challenging decision rule When is an agreement final? Especially in an adaptive management context?

16. Assessment Unanticipated, uncontrollable events Good facilitators or mediators are priceless Technology is indispensable Collaborators must often invent intermediate procedures Collaboration on this scale is an expensive undertaking Missouri Basin residents have ignored their resources (in so many ways)

17. Bottom Line: How Are We Doing?