Bismarck, N.D. – North Dakota Governor Kelly Armstrong has joined a coalition of five other western state leaders in opposing a federal measure they assert threatens states’ authority over Missouri River water. The governors argue that a provision within the 2026 Water Resources Development Act, which passed the U.S. House of Representatives on September 16, would infringe on established state rights regarding water use and development.
The disputed provision, identified as Section 120, would impose significant restrictions on how Missouri River water and its tributaries could be utilized. Under this proposal, water could not be diverted or exported from the Missouri River basin states for use outside that basin without the unanimous approval of the governors from all 10 basin states. Furthermore, the measure would prevent the U.S. Army Corps of Engineers from conducting feasibility studies related to water projects unless all 10 basin state governors provided unanimous consent.
Governor Armstrong, alongside the governors of Colorado, Montana, South Dakota, Utah, and Wyoming, sent a joint letter to congressional committee leaders, outlining their strong opposition. In their letter, the governors contend that this restriction directly infringes on authority granted under the 1877 Desert Land Act and established in state constitutions, which protect local ownership of water resources.
Governor Armstrong emphasized the importance of state control over the Missouri River for North Dakota residents. "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 stated, reflecting a core concern for Burleigh and Morton counties, which rely on the river for vital resources. He added that North Dakota’s right to use Missouri River water for purposes such as drinking water, irrigation, industrial uses, or emergency supplies during drought conditions is clearly established under both state and federal law. Governor Armstrong affirmed that the state would strongly resist any attempt to infringe on this authority.
The coalition's letter was addressed to the leadership of the House Transportation and Infrastructure Committee and the Senate Committee on Environment and Public Works. The governors warned that the language within Section 120 could trigger lengthy court challenges, potentially stalling essential infrastructure development across the affected states.
The Water Resources Development Act now moves to the Senate for consideration. However, lawmakers are not expected to address the measure until after the November midterm elections, allowing time for continued debate and opposition to the controversial provision. The outcome will significantly impact how water resources are managed along the Missouri River, with implications for residents and industries throughout Bismarck and Mandan.
