Expert Says Refineries to Blame for High Gas Prices
Gas prices hit a record in North Dakota in 2008, when the price for a gallon of gas was around four-dollars-and-8 cents. That record is in the dust.
According to Gasbuddy.com, drivers at some stations in Bismarck are paying from $4.14 a gallon for midgrade gasoline to $4.49 for premium.
One expert believes we haven't even seen the highest price yet. Eugene Graner is the President of Heartland Investor Services. It's easy for us to blame the owner of the gas station, but Graner say that's not the case.
Bismarck Drivers React To Gas Prices
North Dakota drivers filling up are part of history. Gas prices hit a record high today.
Talk about sticker shock.
Gas prices soared today, surpassing the previous record high of $4.08 a gallon set in 2008.
According to Gassbuddy.com drivers at some stations in Bismarck are paying from $4.14 a gallon to $4.49 for premium.
And it may get worse.
So what's behind the sharp increase?
Eugene Graner, President of Heartland Investor Services, says three refineries that feed our region are down for annual maintained - planned or unplanned.
He says, those refineries did not store fuel to use during their outage which is causing a shortage of fuel in our region.
The shortage is also causing gas stations to run out.
President of the North Dakota Petroleum Retailers Association, Mike Rud, says some gas stations in Jamestown and Fargo are out of fuel.
Bismarck drivers are taking the news the best they can.
Many drivers we spoke with say they'd still like to see prices below four dollars a gallon, but the recent increase isn't forcing them to change their driving habits.
"Not really I mean it's just a few pennies, and you're still going to get where you need to be, still need to work, still need to do what you want to do," Dave Winbauer said.
"You've gotta have gas what are you going to do, it happens every year at this time, the holiday," Jon Hinseth said.
"It's horrible, I hate it, I want it back to when I was a kid when it was like 89 cents a gallon," LaRae Stark said.
Body Identified, Suspect Arrested
The case of a missing Williston-area rancher is now officially a murder investigation.
The state medical examiner confirmed Thursday that a body found Tuesday morning southeast of Williston is Jack Sjol.
Sjol had been missing from his ranch since April 24th about five miles from where his body was discovered.
And officials say Sjol was shot to death.
Investigators say they believe Ryan Stensaker of Williston killed Sjol - and Stensaker has been arrested and is expected to be charged with murder soon.
$500,000 Damage in Accidental Bismarck Apartment Fire
A nearly 100 year old Bismarck apartment building catches fire this morning forcing residents and several area businesses to evacuate.
Workers welding pipe accidentally started the fire.
Tenants describe how they managed to get out as smoke quickly filled the building.
Some were able to save their pets while others were left hoping and praying.
Flames and smoke poured out of windows in the Norma Apartment building on third street shortly after ten am.
No one was injured but several tenants were inside at the time.
Stephanie Dimitch was on her couch when she noticed smoke coming out of the walls.
"I ran back and got my cats and I was running to my neighbors door to try and wake him up and get him out and he tried to grab the fire extinguished but like I said there were no flames it was just complete black smoke everywhere," says Stephanie Dimitch.
Seventy-five firefighters had the blaze under control within an hour. Streets were blocked off in the area as hundreds gathered to watch
Katie Nickell hurried back from work to find her cat Kiki had somehow survived.
"If my apartment burned down I didn't care I just wanted my cat. It's all I got here," says Katie Nickell.
Another woman was also counting her blessings.
"I have fourteen small bird and I just got word that they are all ok. I had them covered up and my windows open so they're doing good," says Lori Johnson.
Crews searched all eighteen apartments and determined the fire likely started in the southeast corner on the second floor. .
"These type buildings there are redone over the years we might have more than once ceiling in some cases, the type of construction, difficult area to get into, this is a living type area so we had occupants to search for as well. So a very physical type firefight," says Chief Joel Boesflug.
For KX News, I'm Tom Gerhardt.
Damage is estimated at $500,000.
The apartment was built in 1916 according to businessman Skip Duemland.
By noon all area businesses except JL Beers reopened and employees were allowed back to work.
Fire chief Joel Boesflug says he doesn't think the restaurant/bar was damaged.
Body Found Near Williston - Homicide Victim
Authorities say the State Medical Examiner's office in Bismarck is waiting on dental records before a positive identification is made on the body found Tuesday morning east of Williston. The identification could come as early as Thursday. Investigators did however say the person is a homicide victim and died by at least one gunshot wound. Also a person of interest is in custody in Williston relating to the Jack Sjol disappearance and is being held on charges unrelated to the body that was discovered. Sjol, a 58 year old rancher has been missing since April 24th, 2013.
Dunn County Close to Hiring New Sheriff
A new sheriff may be in one western town very soon.
Dunn county is an area of oil country that is booming with truck traffic, oil production and road construction, but residents are currently without a sheriff.
The former head of county law enforcement actually left office to go work in the oilfields.
He's the acting chief deputy interim sheriff, adjusting his position until a new sheriff is hired.
"We don't really have a full-time admin person, per se."
The former sheriff left to work in the oilfields, but Sgt. Hegstad says that temptation is not for him.
"I don't think so, I've been in law enforcement for about 11 years total with my different positions and stuff, I really can't picture doing anything else." says Sgt. Matthew Hegstad, Acting Chief Deputy Interim Sheriff.
Sgt. Hegstad says he enjoys teaching other deputies, and interacting with the public.
He has picked a busy county to work in.
"A lot of our calls have to do with traffic, just with an increase in population your overall crime is going to increase, just with the population increase..." says Sgt. Hegstad.
There's no indication of a slow down anytime soon, and it takes some extra work to keep the area safe.
"A lot of the road construction projects are to widen roads, shoulders stuff like that, as far as anything else goes, we're expecting to have a busy summer, increase in rig count is going to go up." says Sgt. Hegstad.
So is the number of law officers.
Dunn County went from having a handful of deputies to 11 positions now.
As the department waits for their new sheriff, a duty to serve and protect can't wait.
"Law enforcement you just have to pick up the ball and keep going." says Sgt. Hegstad.
Five candidates for sheriff are being interviewed Tuesday.
The top one or two will meet with the Board of Commissioners Wednesday.
There is also still a deputy position open with Dunn county.
Farm Rescue in Washburn
2 horrific accidents this calving season send ambulance crews to the Washburn area.
While Farm Rescue can't heal the bones those cows broke, they can plant a few seeds of hope for the spring.
Tonight Farm Rescue is helping 2 farmers, one is the Washburn area and one in the Underwood area whose accidents have something in common.
Ag Reporter Sarah Gustin has the story.
(Chad Berg / Farmer) "I broke my femur and my hip got partially out of place."
Chad Berg is standing by on crutches this planting season all because of an encounter in the corral with a cow this spring--that lasted only seconds.
(Chad Berg / Farmer) "Finally she got me up against the bale feeder. The whole thing probably only last four seconds. After it happened I went to try to stand up fell down. Because I didn't feel pain. I looked back and my leg was over there. I started dragging myself toward the fence to get out so them the mother I was worried about her calf comes over to check me out and she's right behind him and that one treated me pretty much like a rag doll you could say."
A similar incident happened this spring to Washburn Farmer Alan Scholl.
His mother tells us about the incident.
(Glenda Scholl / Farmer) "Trying to move a cow and a calf to a different pasture. The calf was about a week old. She just turned and Alan was laying on the ground and she was rolling him around and head butted him and stepped on him."
Alan's recovery is a long road ahead.
(Glenda Scholl / Mother of Farmer) "He's got fractured ribs, fractured scapula and he had a broken jaw."
While Chad expects a full recovery in 6 months.
They share more in common than just their injuries, they both needed help spring planting.
That's where Farm Rescue steps in.
(Bill Gross / Farm Rescue Founder) " The families are always very thankful and great people. We some them coming from more remote area across the united states. we have We have volunteers from Pennsylvania, Kentucky, Florida, here right now this week."
(Glenda Scholl / Mother of Farmer) "They are very friend9ly, very easy to get along with. They are awesome to give up their time to come help us out."
(Sarah Gustin /
This email address is being protected from spambots. You need JavaScript enabled to view it.
) "Gross says considering the spring they're running right about on schedule. He says they plan to help 30 farm families this spring."
(Chad Berg / Farmer) "They've been lifesavers. Between Farm Rescue and a lot of friendly farmers, they have covered a lot of acres and made things pretty easy for me. I will probably be one of the first ones done this year and we could have been sitting still.This could have been the end of my farming career without them."
The organization has grown to helping farmers in 5 states, North Dakota, South Dakota, Montana, Minnesota and most recently Iowa.
Gross says the organization has more than 700 volunteers.
He says they plan to harvest for more than 15 farm families this fall.
Firefighters Ready for Action
Two weeks after flooding was a problem for many people in the region, there's a new danger at the opposite end of the spectrum.
Fire is now a major concern across the region.
The reason is the rapid warmth - and the hot and windy weather expected for this week.
Already, local firefighters from Williston to Minot to Harvey have been battling grass fires in the region.
This fire on Saturday burned about 20 acres near Logan, coming close to several buildings.
For the chief of Minot Rural Fire Department, this time of year means having everyone ready to respond at a moment's notice.
(Rex Weltikol, Minot Rural Fire Chief) "Everybody is on edge and we talk about it as a group and there are things that go on so everything is ready and they're kind of on their toes."
Weltikol says the spring fire season comes as the number of fire and accident calls continues to grow for the rural fire department.
(Rex Weltikol, Minot Rural Fire Chief) "Our call volume has actually doubled in the past two years so we have added another ten people to our roster. We are going out and helping the neighboring departments because a lot of their guys are out in the oil field or wherever working. So we're getting progressively busier and busier."
Weltikol wants to be not busy during this time of high fire danger and he says you can help by avoiding burning right now.
And if the weather improves and you decide to do some burning, check with your local fire department ahead of time to let them know.
FEMA Housing Extension
Housing questions still loom over nearly 300 families living in temporary housing units provided by FEMA after the 2011 Mouse River Flood.
It's been a long and bumpy road for many people --- but they have been granted a little more time to make decisions.
Governor Jack Dalrymple requested a 90 day extension for those still searching for affordable living.
A new state law setting up a program for FEMA trailer residents to qualify for loans to buy the trailer also needed more time.
The 3 month extension of FEMA rentals was welcome news to Coreen Hart.
Hart is now renting a trailer on 55th.
She says that leaving Minot would be devastating for her, so she plans to stay on the lookout and take full advantage of this extension.
(Coreen Hart, Living In FEMA Trailer) "The uncertainty, and being unstable, not knowing what's going to happen, it's scary. And I'm sure it is for a lot of people. It's not just me. There are several people that still don't have a place to go. But we have a roof over our head and I am so thankful for that."
The current set date for moving people our of the FEMA trailers is September 24.
The 2013 flood that was not --- could cost nearly three-and-a-half million dollars.
Spring flooding in North Dakota was not as severe as predicted, but officials who are totaling up the damages say the costs are piling up.
Federal, state and local experts have started preliminary damage assessments to determine the bill for flooding in 18 counties.
State officials say the preliminary reports show damages of $2.5 million in Cass County, $503,000 in McHenry County, $250,000 in Richland County, $75,000 in Ward County, and $24,000 at Spirit Lake.
The review is the first step in determining whether Gov. Jack Dalrymple will request a presidential disaster declaration.
Trucks Collide, Burst Into Flames
Two trucks collided on Highway 23 south of Sawyer this afternoon and burst into flames shutting down the highway for several hours.
The accident happened at the intersection of the Echo Mountain Facility where the Sawyer Landfill and Waste Management Landfill are located.
According to authorities, a fuel truck carrying about a thousand gallons of diesel fuel, driven by 36 year old David Paxton of Minot, failed to yield to on-coming traffic.
Paxton's truck was struck by a tandem axle boom truck driven by 21 year old Christopher Heinen of Melrose, Minnesota.
The collision caused both vehicles to over turn into the southbound ditch, burn and were destroyed.
Both drivers were transported by ambulance to a local hospital.
Their conditions aren't being released at this time.
Both the Minot Rural and Velva Fire Departments were called in to contain the flames from the burning vehicles.
Paxson was issued a citation for failure to yield.
Governor Signs Water Legislation
Water -- it has played a big part of the story in north central North Dakota over the last two years...both good and bad.
For that reason, Governor Jack Dalrymple signed the multi-million dollar State Water Commission budget into law this morning in the Magic City.
(Gov. Jack Dalrymple - (R) North Dakota) "The law has been enacted...congratulations!"
With his signature, the Governor put into place funding for numerous projects that will play a key role in getting water to people -- and keeping water away as well.
In fact the governor called the bill the most meaningful water commission budget in the state's history.
A big chunk of the funds will come to the region, and the governor says it is money that will help control a river that proved two years ago -- can roar.
(Gov. Jack Dalrymple - (R) North Dakota) "61 million dollars for Minot and Ward County for flood protection in the Souris (Mouse) River area. Most of that money is going to be available on a flexible basis to acquire properties that are needed to create permanent flood protection."
The city of Minot had pushed hard this legislative session to be recognized as more of an energy impacted city -- requesting 20 million dollars in funds to help with infrastructure needs.
While 20 won't be coming Minot's way...close to 15 will, and the Mayor seemed pleased with that amount which is more than double what was sent from the capitol last session.
(Curt Zimbelman - Mayor of Minot) "I don't know that Minot always was...I really felt in my heart that the legislature didn't understand the impact of oil on our city and I think sometimes the flood played a role in that and that that was more of what needed to be taken care of but in the end, we were taken care of very well on both ends."
At today's press conference, the Governor also trumpeted funds from the state to help build a new airport terminal in Minot.
MAFB Missile Wing "In Crisis"
17 officers at the Minot Air Force Base have been temporarily relieved of their duties watching over a portion of the nation's nuclear arsenal.
The move came last month at the base after a March inspection revealed that a large group of personnel had failed to meet standards.
Perry Olson has more on the decision and what the next steps are on base.
The personnel, all part of the 91st Space Wing at the Minot Air Force Base spend much of their time below ground at launch control centers like this -- with their fingers, literally, on the buttons that could launch nuclear warheads anywhere in the world.
In emails obtained by the Associated Press, Lt. Col. Jay Folds illustrated the seriousness of the matter -- saying, quote "We are, in fact, in a crisis right now."
91st Missile Wing Commander Col. Robert Vercher today told us that was the exact message that needed to be delivered.
(Col. Robert Vercher - 91st Missile Wing Commander) "I thought his email was appropriate. It is what you would expect from commanders and units with our responsibility and at the end of the day, a safe secure and effective deterrent force is our primary job and he was calling us back to that standard."
The first indication of trouble came after a March inspection that ended in very low marks for the wing. 17 members of the 91st had failed either a written test, or a simulator test so they were taken off the job. Vercher says they hold their personnel to high standards...and when those standards aren't met, action is taken. That said, he is confident they will again meet and exceed those standards soon.
(Col. Robert Vercher - 91st Missile Wing Commander) "But I have every confidence in those 17 crew members that they will come back to being a full certified ICBM crew member."
That process is expected to take about two months...perhaps longer, maybe shorter...but the Commander has faith that this failure will result in better performance going forward...
(Col. Robert Vercher - 91st Missile Wing Commander) "It is about high standards and critical self assessment and I have every confidence in our crew members that we certify and allow them to do this job."
In Minot, Perry Olson, KX News.
The 17 who were relieved of their duties marks the most ever at one time for the Air Force.
The Air Force did indicate that the security of the nation's nuclear force was never at risk.
What the Marketplace Fairness Act Means For Online Shoppers
Online Shoppers might soon be paying a sales tax, no matter what website they buy from.
The U.S. Senate has passed an "Internet Sales Tax," also known as the Marketplace Fairness Act.
Jon Berg tells you how it impacts local businesses and consumers.
<<By a vote of 69 to 27, the United States Senate passes the Marketplace Fairness Act.
Under current law, not all retailers charge a sales tax.
"So if you do go online and the sales tax is not charged, under current law a use tax is owed which is equal to the sales tax and the purchaser of those goods would have to remit that use tax to the state," Deputy Tax Commissioner Ryan Rauschenberger said.
Which some people don't do, the Marketplace Fairness Act would change that.
"It does not impose any new taxes, all it does is require the collection and remittance of those taxes by the retailer selling those goods," Rauschenberger said.
Under the current law, if you go online and purchase something from Best Buy or Target, you will be charged a sales tax because there are Best Buy and Target stores in North Dakota.
If you purchase an item from a locally owned business in another state, you won't be charged a sales tax, because that store doesn't have a local presence in North Dakota.
Under the Marketplace Fairness Act, all retailers will need to charge a sales tax.
"Instead of going in the store and kicking around the tires and finding what you want and ordering it online and not paying a sales tax it's not really going to make much different in the store, we hope they will stay there and purchase that product there and support their local businesses," Mike Rud, President of North Dakota Retail Association said.
The General Public might wonder why North Dakota needs this Internet Sales tax with a healthy economy.
"I think that's a fair discussion, but number one you don't know how long things are going to stay this way in North Dakota, so this could be a good law to get into place and two maybe it puts additional pressure on folks at the state level to reduce a different tax," Rud said.
A law which could level the playing field for both national and local retailers.>>
The Marketplace Fairness Act is not a done deal.
It still has to pass the house, which Rud says will be a tougher battle than it was getting it passed in the Senate.
Rebuilt Homes Worth Zero?
In a booming economy and a hot housing market it's almost unimaginable that a completely remodeled house would be worth zero - at least to a bank.
But that's what one family was told when their rebuilt flooded house was appraised, just as they were ready to sell it.
Shaun Sipma has the details behind this flood valley property debacle.
Moving on from the 2011 Mouse River flood has been anything but easy for the Pecharichs.
Through loans taken out with SBA they rebuilt their flooded house and moved back home.
Recently when they added on to their family they simply ran out of room and put their home up for sale.
And that's when the bottom fell out.
(Adam Pecharich, Homeowner) "Recently even had an offer so, that fell through due to an appraisal on this house."
The appraisal listed the Pecharich's home value as zero.
Worthless to a lender because it sits in the middle of the proposed Maple Diversion of the flood protection plan.
(Terri Pecharich, Homeowner) I was completely shocked, I was devastated I really can't even put it into words."
Not able to get financing for the home the buyers backed out and the home they were hoping to buy in Minot is now out of reach.
The appraiser who filed the paperwork, declined to give an official comment on the appraisal stating privacy concerns.
But we talked with other appraisers in Minot who strongly disagreed with the finding of zero value.
And here's where that problem compounds even further.
The zero value appraisal was filed with the Federal Housing Administration or FHA and now by law stays with the property for 120 days.
Minot City Finance Director Cindy Hemphil says this is a deeply concerning issue for the city.
(Cindy Hemphill, Minot City Finance Director) "That homeowner has fixed their home, they've been living in it and the they're paying property taxes, that home has a value. Even if it's in the acquisition that home still has a value when it comes to be acquired."
Because the home was rehabilitated, likely that price would be fair market value.
(DelRae Zimmerman, Brokers "12" Real Estate) "Properties that are not even gutted that are filled with mold today haven't been touched since the flood all have a value and those come on the market they're buyers are buyers willing to pay money for them. So when you have a renovated property, renovated on a scale of one to ten theirs is a 12 and the value comes in at Zero is mind blowing."
Under current FHA rules and regulations a new appraisal can't be done for six months.
Senator John Hoeven says he's taken on the issue.
(Senator John Hoeven, (R) North Dakota) "One of the things we're doing is we're checking with FHA, the Federal Housing Administration to see if they can make an exception under their appraisal rules because recognize that for those homes if they're going to be purchased or bought out at a later date they're going to be bought out at market value."
The rehabilitated homes in the proposed diversions, like the Pecharichs are in a sense a short term housing solution for a potential buyer.
And they're guaranteed a return on the investment for both the buyer and a bank because, if the flood protection plan pans out and the properties are bought out, the owners will be due the fair market value of their home - certainly not zero.
But that zero staring at the Pechariches from their home's appraisal has made their rocky recovery from the flood of 2011 more uncertain than ever.
(Terri Pecharich, Homeowner) "From rebuilding so we can get out of the FEMA trailer to now trying to carry on with our lives and put the flood behind us it's just proven to be even more difficult.
In Minot, Shaun SIpma KX News.
Burn Ban in Effect for Area Counties
A burn ban is in effect for Burleigh County as of last night, and goes into effect for Stark and Emmons Counties today. That means when conditions warrant, there's no burning -- not even in barrels.
"The burn ban is tied to the fire index and what that means is our burn ban goes into effect when we're in the very high in the extreme index, or a red flag warning is issued, so that's when conditions are less favorable for outdoor activities. We still want people to go out and recreate and perform outdoor activities, but do it when it's more favorable," says Mary Senger, Emergency Manager, Burleigh County Emergency Management.
If conditions are favorable and you do plan a controlled burn, you're urged to contact your County Emergency Management office, so fire resources are not dispatched needlessly.
So before you burn, call or check the website -- www.weather.gov/bis -- and click on "fire weather" to learn whether burning is allowed. Ignoring the law could land you 30 days in jail and a $1,000 fine.
Burleigh County Emergency Management says to expect more counties to come online with similar restrictions as the season progresses.
What the Marketplace Fairness Act Means For Online Shoppers
Online Shoppers might soon be paying a sales tax, no matter what website they buy from.
The U.S. Senate has passed an "Internet Sales Tax," also known as the Marketplace Fairness Act.
Jon Berg tells you how it impacts local businesses and consumers.
<<By a vote of 69 to 27, the United States Senate passes the Marketplace Fairness Act.
Under current law, not all retailers charge a sales tax.
"So if you do go online and the sales tax is not charged, under current law a use tax is owed which is equal to the sales tax and the purchaser of those goods would have to remit that use tax to the state," Deputy Tax Commissioner Ryan Rauschenberger said.
Which some people don't do, the Marketplace Fairness Act would change that.
"It does not impose any new taxes, all it does is require the collection and remittance of those taxes by the retailer selling those goods," Rauschenberger said.
Under the current law, if you go online and purchase something from Best Buy or Target, you will be charged a sales tax because there are Best Buy and Target stores in North Dakota.
If you purchase an item from a locally owned business in another state, you won't be charged a sales tax, because that store doesn't have a local presence in North Dakota.
Under the Marketplace Fairness Act, all retailers will need to charge a sales tax.
"Instead of going in the store and kicking around the tires and finding what you want and ordering it online and not paying a sales tax it's not really going to make much different in the store, we hope they will stay there and purchase that product there and support their local businesses," Mike Rud, President of North Dakota Retail Association said.
The General Public might wonder why North Dakota needs this Internet Sales tax with a healthy economy.
"I think that's a fair discussion, but number one you don't know how long things are going to stay this way in North Dakota, so this could be a good law to get into place and two maybe it puts additional pressure on folks at the state level to reduce a different tax," Rud said.
A law which could level the playing field for both national and local retailers.>>
The Marketplace Fairness Act is not a done deal.
It still has to pass the house, which Rud says will be a tougher battle than it was getting it passed in the Senate.
FEMA Trailer Occupancy Dropping
The number of families relying on housing provided by FEMA has dropped below 300.
Federal Emergency Management Agency officials announced today there are now 291 families living in temporary housing units from FEMA.
234 of the units are at group sites on along 55th Street Southeast in Minot and near Burlington.
36 are at Holiday Village in Minot.
And 21 are on private property in the city.
At the peak, there were more than 21-hundred of the FEMA trailers in use by victims of the Mouse River flood who had no other housing options.
FEMA officials report nearly 100 of the units have now been sold to people living in the trailers.
And those sales are expected to continue as agency workers consult with residents about their long-term housing plans.
Mother Who Pushed for Tougher DUI Laws Faces Charges
A woman who lost two sons to a DUI crash is arrested for what authorities suspect is an alcohol related accident over the weekend.
Sandy Hernandez was pulled over around 2pm Saturday afternoon in Bottineau County.
Captain Gary Orlock with the highway patrol says a trooper suspected Hernandez had been drinking.
She faces three charges including actual physical control of a motor vehicle. That's a class B misdemeanor
She is also charged with leaving the scene of an accident with a fixed object and failure to give immediate notice of a reportable accident.
Hernandez will make her initial appearance on two of those charges May 28th at 10am in Bottineau.
Hernandez and her husband, Juan Ruiz, offered emotional testimony to lawmakers this session as tougher DUI laws were debated.
A drunk driver killed Juan and Sandy's two boys near Lake Metigoshe in July of 2012. Juan Acosta veered off a road and ran over the tent the boys were in with their father and another brother.
Captain Orluck says an official report will not be available until later this week and that the incident remains under investigation.
A call to the Bottineau County State's Attorney's office has not been returned.
Velva's Levees Put To Test
Lower levels on the Mouse River can be expected soon --- after a change at Lake Darling late Friday.
Station Refuge Manager Tom Pabian says releases from Lake Darling have been backed off to 285 cubic feet per second.
In flows out of Canada at the Sherwood gauge are just under 2000 cfs.
With river levels backing off, people in Velva are assessing the performance of their repaired levee system.
Those levees barely held back the Mouse River in 2011 and 2013 is testing the repairs made after that record flood year.
Velva was a success story in 2011.
Evacuated homeowners were able to return to dry homes.
But it was far from an easy success.
(Mayor Scott Blotter, City of Velva) "So we were guessing we were around 27,500 cfs [in 2011] and we were, that was close. We were at the limit of what we could handle."
Not close to the limit.
AT the limit.
The Mouse River was at 1514.5 in 2011.
One half foot away from the levees' ability.
So far, 2013 is the seventh highest the Mouse River has been in Velva.
And it's the first time the now-repaired levees have been put to the test.
(Mayor Scott Blotter, City of Velva) "We got all the repairs done. We're fairly confident. The internal water on Saturday was a little much but we got through that. The forecast doesn't look terribly bad. I think we're pretty confident that the city is going to be fine. We're a little worried about some of our neighbors but we're in good shape."
Levees in the city of Velva are 20 feet high in some places.
(Mayor Scott Blotter, City of Velva) "The bridge is our bottle neck so we've got to have a little additional height on the west side."
(Mayor Scott Blotter, City of Velva) "We can handle about 1515. We're predicted to go to 1507 so we've got plenty of room. Our lagoon is a little bit less and we had some erosion that went on there. We're waiting for repairs. So right now I'd say our main concern is out there. Other than that, we're not seeing any major problems."
The snow run off caused problems for Velva last weekend.
Pumps ran from the storm sewer storage system for several days into the week --- but the city is starting to get caught up now.
(Mayor Scott Blotter, City of Velva) "The storm sewer system handles that and when the water's up in the river, we try to store what we can store and we have to pump what we can't. It was a quick melt but we're alright."
(Mayor Scott Blotter, City of Velva) "I think this year the Corps' involvement has been a little more than it was in past which is nice to see. I know people are nervous, but barring anything major, I don't see any issues."
Dickinson Police Arrest Man Wanted by Authorities
A tip from the public leads Dickinson police to a man wanted by authorities.
According to the Dickinson police department, Timothy Leroy Sumpter was taken into custody without incident around eleven o'clock Saturday morning.
A tip lead police to a local motel in north Dickinson where Sumpter was located and taken into custody after brief negotiations with investigators.
According to Captain Joe Cianni, Sumpter was arrested on a Stark County Warrant for Aggravated Assault associated with a stabbing incident which occurred last Sunday.
Sumpter is currently being held at the South West Multi County Correctional Center.
ND Governor Calls Legislative Session Historic
The North Dakota Legislative session ends early this morning, setting records in many ways.
North Dakota lawmakers spent most of their final day of the session working out the details on the property tax relief package.
Their 80th day took them into the wee hours of this morning, making this the longest legislative session in history.
History was also made in passing a property tax relief package.
Donnell Preskey has the details.
One of the last actions of the legislative session…
"That's major tax relief for the people of North Dakota it's money back in their pockets," says Mandan Senator Dwight Cook.
One of the most memorable for North Dakota lawmakers.
The property tax relief package totals $857 million dollars. $657 million through education funding, another $200 million to directly buy down property taxes.
Grand Forks Representative Corey Mock says, "It's really great step, it helps answer the calls that North Dakotan's have been asking for."
"When North Dakotan's get their property tax statements next year they will be able to look at it and see what the state of North Dakota is putting in and it's a substantial amount," says Representative Mark Dosch of Bismarck.
House Majority Leader, Representative Al Carlson, says "This is the largest we have ever given out and we are the only state in the union doing it. We are blessed with a lot of resources and our priorities are such we are giving money back to the people of North Dakota."
The total tax relief package, combining property, income and corporate tax relief is $1.1 Billion. A deal most legislators are celebrating...
"Big numbers, it's a good number," says Senator Cook.
Democrats protested any corporate or income tax relief the entire session.
Senate Minority Leader, Mac Schneider says, "that's a quarter of a billion dollars that could have gone towards deeper and more sustained property tax relief."
Other lawmakers look to the future to do even more.
"I just got two more emails tonight, "when are my property taxes going to start going down?" They are going to slow down the process of going up but they aren't going to go down much and they will start going up. We still don't have the right handle on it. We need to go to work in the interim and get something that really works in the next session," says Representative Jim Kasper of Fargo.
It took lawmakers a record amount of days to finalize 535 bills. Their 80th day went into Saturday with the final action at 4:40 a.m.
Shortly after the property tax plan passed the House and Senate, Governor Dalrymple was in the chambers visiting with lawmakers.
Dalrymple says this will go down as the greatest session in history.
He says many budgets were historic.
Dalrymple says the top highlight is the property tax relief package along with the reforms lawmakers made in funding education at both the K-12 and higher ed levels.
He also says he's impressed by the huge commitment lawmakers made to improve infrastructure.
"Roads and highways, water projects, capitol improvements on college campuses take in together some $2.5 billion I heard up to $3 billion if count everything, truly figures a few years ago we would have never imagined seeing in North Dakota," says Governor Jack Dalrymple.
Lawmakers' spending equals $14 Billion for the 2013-2015 biennium.
One time expenses tripled this session to 2.2 Billion.
That money will be spent on building, road and water projects across the state.
Even with all the spending, there is expected to be $87 million left over in the general fund.
North Dakota Water Projects Get $515 Million in State Funding
North Dakota water projects get more than half a billion dollars with today's signing of House Bill 1020. The Bill represents the State Water Commission's budget, which is historic in its funding level.
Governor Jack Dalrymple (R-ND) says these projects support necessary infrastructure. He links flood control, water management and water supply needs to quality of life: "There's no doubt we will see immediate benefits all relating to quality of life in North Dakota -- freedom from fear of floods; confidence in the quality of water supply; confidence in recreational opportunities."
Out of the more than 500 million, one million goes to Fargo for flood control. Federal and local funds will make up the difference. "We're going to have a busy two years building infrastructure, so I think we got the tools and we'll be able to make a lot of progress on our water management issues in the State of North Dakota," says Todd Sando, North Dakota Water Commission.
House Debates Property Tax in Education Funding Bill
Bismarck -
A bill that hasn't had many problems all session hits a major bump today in the House.
Representatives spent over an hour debating the K-12 Funding bill, House Bill 1319.
The bill spends $1.8 billion to fund education and in return delivers property tax relief.
Under the bill the state picks up 80% of the cost of education, that means less money will need to go to schools from property taxes.
Supporters say the legislation will mean $700 million in property tax relief.
The average homeowner could see a 35% reduction.
But many House members say they don't believe the bill won't provide relief, because the bill doesn't address caps on local spending.
Representative Jim Kasper of Fargo says, "If we want to fund education, lets fund education, but there's an alternative. It's not this bill. This formula has the flaw of continuing the merry-go-round of increased spending and no control of local spending."
"There's no guarantee that it's going to give the kind of relief, meaning taxpayers paying less dollars, that many of us hope it will," says Kim Koppelman of West Fargo.
"I not going to support this bill. There's an alternative and don't tell me it's too late in the session. That doesn't mean I have to accept a bad idea because we only have one day left," says Majority Leader Al Carlson.
The bill passed by a vote of 49-42.
The Senate will give the final approval Friday, the legislature's last day.
ND Legislature Approves Income and Corporate Tax Relief
Bismarck, ND -
North Dakota taxpayers and business owners will get income and corporate tax relief after all.
The State House gave the final approval today on a bill they have been holding onto for weeks.
It includes tax reductions of $200 million for income and $50 million in corporate taxes.
House members' yea votes comes just days after the Senate killed a $350 million income and corporate tax relief package.
Montpelier Representative Craig Headland says, "we passed a better tax bill it was better for the North Dakota citizens and although it is a good day for North Dakota, it's not as good as it could have been."
Headland says the tax relief will mean a rate reduction of 20% for income and 12% for corporate.
Trestle Valley Battles Overland Flooding
The warm weather seemed to be short lived on Saturday, but the lasting effects of the quick melt are still lingering.
Thirty miles worth of run off from the snow packed hills winds up in Trestle Valley.
Jennifer Thorgramson tells us --- this year's flood fight is turning out to be worse than 2011 for homeowners beneath the trestle.
(NAT Train)
Five feet of water in just three hours.
(NAT Train)
That was the nightmare residents of Trestle View faced on Saturday night.
A battle neighbors say they have never witnessed before.
(Russ Krall, Trestle View Resident) "Not like this. We've had water close to the tops of the banks and stuff. Spring run off we can handle with pumps. But not like this. This came within an hour. It flooded the whole place.
(Brian Amundson, Trestle View Resident) "My neighbor got five feet of water in his basement and some of the septic systems are flooded out in the houses around here. Five feet in three hours I guess."
CTI brought equipment to dig a trench through Krall's yard.
UMCOR and United Methodist Disaster Recovery has been supplying the area with pumps --- an item Amundson says you can't find to rent right now.
(Brian Amundson, Trestle View Resident) "It was done before we knew what was happening."
(Russ Krall, Trestle View Resident) "It comes from 30 or 40 miles south in the Gasman coulee and then it comes from Des Lacs too which is 20 to 30 miles west off the hills. And it all comes through the valley here."
(Brian Amundson, Trestle View Resident) "It's just too much too fast. With no where to go."
Both Amundson and Krall have lived in Trestle View since the 80's.
Krall says he'd like to see the channel dredged and maintained.
But for the 2013 flood, it's damage control.
(Russ Krall, Trestle View Resident) "You can see in the door, it was up past the window in the door by about a foot. It's gone down quite a bit since we opened that trench and we're pumping. But it takes a long time to get rid of the water that came in here."
(Brian Amundson, Trestle View Resident) "It's going to take awhile."
What happened in only hours late on a warm evening, one week later, still has the neighborhood loosing sleep.
From Trestle Valley, Jennifer Thorgramson, KX News.
House Kills Oil Tax Bill
Bismarck, ND -
The North Dakota House has killed a bill aimed at restructuring oil taxes.
Representatives defeated the bill 71-21.
The measure has been one of the most contentious of the legislative session.
It would have lowered tax rates for oil companies in exchange for closing the so-called stripper well loophole.
Lower producing wells are taxed at a lower rate, the "loophole" is that any other wells on that property share the reduced tax no matter how much they produce.
The state Tax Department says the loophole is costing the state $60 million a year in lost revenues.
Oil companies viewed the proposal as a tax increase.
To offset that, the bill sought to reduce the oil extraction tax by a half percent on new wells.
Still, many lawmakers say the oil industry doesn't need an incentive to drill in the Bakken.
Fargo Representative Scot Kelsh says, "extraction taxes stood the test of time in the last 32 years in North Dakota. It was the tax rate when the Bakken boom began and the industry is flourishing under that current tax rate. As the industry grows the need for infrastructure continues to grow."
"This does fix the stripper well situation, that is very important as we go forward. We can't go forward without negotiating something else with that," says Representative Jon Nelson of Rugby.
Representative Dave Drovdal of Arnegard says, "the oil industry has provided us with opportunities, a fair and balanced tax rate they can understand is good."
Most of the debate centered around giving the tribes more of the tax revenues.
The proposal increased their share from 20% to 50%.
However, many lawmakers were concerned that the tribes were not required to use the revenues to improve infrastructure.
Representative Mark Dosch of Bismarck says, "they are going to benefit hundreds of millions, I'm fine with that, but the Tribal governments are unwilling to commit to us that they will use this money to improve life for all those on the Reservation. That is a shame. For that reason, I will not support this legislation."
Attempts to close the stripper well exemption have failed in the past three legislative sessions
USGS Releases New Estimate for Recoverable Oil & Gas
It's big news for North Dakota.
A new survey reveals the amount of recoverable oil and gas in the Bakken and Three Forks formations.
The numbers more than double estimated releases in 2008.
The increases are expected to extend the play by years and deliver added confidence to investors.
The latest survey by the USGS shows there are at least 7.4 billion and potentially over 11-billion barrels of recoverable oil in the Bakken and Three Forks formations. That's up from 3.65 billion in 2008.
"Industry is going to come back and say that's conservative, that's fine, but I think it sets a baseline where were going from 3.6 to on that top end number 11.4 billion barrels so it's not just the amount of energy and so forth it's the length of time that play is gonna be there," says Senator John Hoeven.
The jump is due primarily to the Three Forks, which wasn't included in the initial survey.
Hoeven says the news gives added confidence to investors and to state officials.
"We're gonna continue to see job growth, we're gonna continue to see population growth. Again the key here is this is going to stimulate more private investment for that needed infrastructure for quality of life," says Hoeven.
Hoeven called for the new survey in 2011.
He says the announcement reinforces the fact that the Bakken is a long-term play that will continue to impact not only the state but the nation.
"We do not need to import any oil from the Middle East. This is about energy, this is about jobs, this is about national security,"
Hoeven says the report is a huge selling point to get the Keystone pipeline project approved. He says with Canada and some help from Mexico the US could easily be energy independent within five to seven years.
Today's report also says there are 0.7 trillion cubic feet of recoverable gas. That's more than three times the initial estimate in 2008.
The new assessment is part of a nationwide project to find out how much oil and gas are recoverable in the United States.
The US Department of the Interior says foreign oil imports are at there lowest point since 1988.
Senate Kills Income/Corporate Tax Cut Proposal
Bismarck, ND -
The North Dakota Senate kills an income and corporate tax relief package one day after the House approved the bill.
House Bill 1250 provided $251 million in income tax cuts and $100 million in corporate tax cuts.
But as Donnell Preskey reports, the Senate feels that level or tax relief is just too much.
The Senate does not agree with the House when it comes to income and corporate tax cuts.
The Senate didn't like the House bill when it had $500 million of cuts and the Senate still doesn't support it today at $352 million.
There was not much debate on the bill before Senators voted to defeat it.
"This represents a 25% tax cut from last year. I think this is a proper and necessary step for not only growth, and personal freedom but for also keeping state government responsible with our dollars," says Park River Republican Joe Miller.
"We are going to reduce income and corporate taxes for the third session in a row, that is a bold statement. That is the trend we have established here," says Republican Dwight Cook of Mandan.
Now Senate bill 2156 is still alive and includes $250 million in income and corporate tax cuts. That's in the House still waiting for it's first vote in that chamber.
Senator Cook says he's confident the House will pass 2156.
"The way we are looking at going home now is with $750 million in property tax relief and $250 million in income and corporate tax relief. I think as far as this chamber goes, that is the right balance," says Cook.
The legislature has 4 days left to act and is still working on 40 bills.
The Senate defeated the bill 35-12.
ND Legislature Passes Childcare Bill
Bismarck, ND -
The North Dakota legislature has given it's approval to a bill that helps the childcare industry in the state.
The lack of day cares and the affordability of childcare were listed as a top concern of North Dakotan's prior to the legislative session.
House Bill 1422 started with $15 million and is now a $4 million investment in childcare issues.
The bill addresses training and recruitment of providers.
It includes $1 million in grants for childcare facilities and $300 thousand for special needs childcare.
The bill raises the income eligibility for childcare assistance.
Representative Kathy Hawken says the assistance will help more families afford daycare and help centers' bottom line.
"We had a number of centers who were on the verge of closing. Because they have a reliable source of income, these parents that are getting this help, they will not have to close their doors. They will be able to charge a rate for those who can afford it, that allows them to provide good quality daycare. It is a really good way to solve this problem for all those concerned," says Representative Hawken.
The bill also eases some requirements.
It expands the number of kids allowed in a center from 18 to 30.
Indoor play spaces can be used instead of outdoor play areas.
And businesses that provide on-site childcare are exempt from being licensed.
Crest Predictions
The highest water from the Des Lacs River has moved past Foxholm and, it appears, Burlington. But that surge of water is combining with local runoff to bring crests soon downstream on the Mouse River.
Here are the latest projections - beginning west of Sherwood where new releases from Canadian dams along with local runoff are combining to cause as expected crest of 22.5 feet on Saturday - about a foot higher than the crest hit early in April.
At Foxholm, the crest has passed and the Des Lacs River is expected to drop off quickly - and should be below flood stage by morning.
The level at Burlington is also dropping, although the Weather Service does not provide a forecast for Burlington.
At the Boy Scout Bridge, west of Minot, a crest of 15.1 feet is expected tomorrow. That's more than a foot higher than the crest a few weeks ago.
In the city of Minot, the crest appears to have been reached early this morning, a little more than two feet below flood stage.
At Logan, it appears the crest was reached this afternoon at 36.4 feet - the 7th highest crest on record at Logan.
At Sawyer, the Mouse is expected to creep into 'moderate' flood stage tomorrow, hitting 24.5 feet, the 4th highest crest on record.
In Velva, the river is expected to rise another few inches, topping out at 1507.2 tomorrow morning, the 7th highest crest on record.
In Towner, the Mouse should climb to 56.4 feet on Thursday - the 4th highest crest on record.
East of Bantry, the crest projection is 14.2 feet - major flood territory and the 3rd highest crest on record.
Near Karlsruhe, the Wintering River is projected to reach 8.1 feet on Wednesday.
And near Willow City, Willow Creek is expected to hit 12.3 feet on Thursday.
With Sherwood projected to hit a new season high in a few days, it remains to be seen if other places along the Mouse River will also see higher crests as Canadian water is flushed through the system, or if Lake Darling will hold back enough water to keep us from getting higher levels.
Evidence of Violent Crime in Missing Man Case
A Williston man has been reported as missing---since Wednesday.
According to Sgt. Detective Caleb Fry there is evidence of a violent crime, and authorities will release more information when they can.
According to a press release from the Williams County Sheriff's office, 58-year-old Jack Sjol has not been heard from since Wednesday night.
Foul play has not been ruled out.
According to investigators-- Sjol was last seen at his residence in Williston, April 24th.
Sgt. Fry says the family has been very cooperative.
Williston police, the Bureau of Criminal Investigation, the Highway Patrol and the Northwest Narcotics Task Force are also assisting in the investigation.
If you have any information, you should contact the Williams County sheriff's department at (701) 577-7700.
Dalrymple Signs DUI Bill Into Law
There are three families who have spent hours at North Dakota's State Capitol this session, sharing their painful stories of the effects of drinking and driving.
They brought pictures of their kids and even a wrecked car to help deliver their message to lawmakers.
Today, their work is done.
Governor Jack Dalrymple signs the DUI bill into law.
Donnell Preskey has the story.
<<"House Bill 1302 is now law."
These families and legislators celebrate a tougher DUI law.
But the real faces behind this legislation can only be here in memory.
Juan Ruiz says, "I won't allow the death of my boys to go in vain."
"We wanted to do this for our kids," says Arlene Deutscher.
The Deutscher's, Mickelsons, and the Ruiz' family were very visible this legislative session, making personal pleas for tougher drinking and driving laws.
Governor Dalrymple's signature makes major changes to the state's DUI laws with stiffer fines and more time in jail.
Now the Ruiz boys and the Deutshcer family will live through this historic legislation.
"Happy to see the private families could have a voice in changing the law," says Lynn Mickelson.
Even Governor Dalrymple commends the families for their courage.
They had the bravery to work through their pain and make a change for all of North Dakota...
"Honestly, Arlene and I just don't want anyone to go through this, its a life sentence for us," says Tom Deutscher.
Ruiz says, "change is happening and it will continue to change everyday."
"The one change we will never know, is which lives did we help save. But we will know some have been saved," says Mickelson.
There hasn't been much celebrating since July when drunk drivers killed their loved ones, but today they say they can smile.
August 1st will be another "good" day... The day the new law goes into effect.
"It's ended, we were successful," says Mickelson.>>
Dalrymple says 52% of accidents in North Dakota are alcohol related, the national average is 31%.
6,000 North Dakotan's were arrested for DUI in 2011.
House Passes Income & Corporate Tax Cuts
Bismarck, ND -
The proposal to send $1 Billion in tax relief back to North Dakotan's picks up steam.
The North Dakota House has approved income and corporate tax cuts for citizen tax payers and businesses.
It's a $352 million package with $101 million in corporate and $251 in income tax cuts.
This is a compromise.
The House originally passed $500 million in income and corporate tax relief, the senate reduced it to $125 million, what the Governor proposed.
Republicans and Democrats were split on the issue.
Democrat Corey Mock says the average North Dakotan will only get $268 from the income tax savings.
He also says out of state corporations will get 82% of the corporate tax relief.
Republicans say North Dakota needs to do a better job of managing how much it collects from tax payers...
Rep. Craig Headland of Montpelier says, "I think it's time we give the citizens of North Dakota a little bit of money back, or we quit taking it from them is a better way to put it."
"Until all the roads are fixed, until everyone feels safe in western ND, until every ambulance service needs are met, until every hospital has it's funding, I can't support this," says Scot Kelsh of Fargo.
"We have an obligation to meet the needs of the people, with the level of spending I think we have done that. Once you've achieved that level then it's time to give the money back to the people who paid the tax," says Representative Wes Belter of Fargo.
House bill 1250 will more than likely be voted on in the Senate Tuesday.
Morning Flooding
The worst flooding of 2013 hit overnight and continued today in north-central North Dakota.
It's not just rivers spilling over their banks, but snow banks turning to rushing water, draining off hills across the region, causing the problems.
Jim Olson is with us live tonight with a look at a high-water-day in the region.
The levels of creeks and coulees rose quickly overnight, closing roads and highways and giving many property owners headaches.
We have many stops to make tonight - beginning early this Sunday morning when the severity of the flooding was coming into focus.
(Terry Quinlen, Ward County Highway Department) "19 and a half hours of chasing water..."
Terry Quinlen works for the Ward County Highway Department - and he spent hours erecting and removing these signs as water problems developed and then eased through the northwest and central portions of the county.
(Terry Quinlen, Ward County Highway Department) "We've got some closed roads south of Sawyer - we have two roads there where the roads are washed out. Most of it is overland flooding like you see here where you have to close the roads for a while and then the water goes down and you open them back up again."
The problems started developing late Saturday and multiplied overnight into Sunday. And the high water is not all related to rivers. It's also in the normally tiny streams and coulees that are ushering to lower ground the water that's left behind from the melting of a heavy snow pack. Here on County Road 16 west of the YMCA, the hills and fields of a large area southwest of Minot drain right through here - County Road 16 west of the YMCA. After rushing over and under the road, the water heads for the Green Acres subdivision where it threatens basements as it heads for a trip under Dakota Square. Problem is the culverts couldn't handle the flow - and the water inundated 16th Street - trapping one car in the process.
(Kerry Green, Olson's Towing) "I'm going to go out and see if I can get it in neutral and then find someplace to hook some chains and drag it out of there."
Early Sunday morning, Kerry Green of Olson's Towing was carrying out a plan to wade into the hip-deep water, hook up a chain to the car's frame, and slowly tug the waterlogged Acura out of the pond and onto dry land.
Meanwhile, the morning brought a continued rise of the Des Lacs River - a river that starts here at the Des Lacs National Wildlife Refuge near Kenmare. This is what it looked like Sunday morning - a far cry from the scene we saw one week ago when the stream was still a block of ice. But the ice is gone and the hills are dumping their water into the stream that rushes through Carpio and here at Foxholm where the river banks still had a few feet of space Sunday morning. Meanwhile, water continues to feed into the Des Lacs as it heads for Burlington. And the first place it hits is the Projects Area - west of Burlington. This bridge was washed out by high water two years ago - but as of Sunday morning was standing up to the onslaught. Other parts of the Projects were also just barely above water as residents hoped that the dramatic rise of the river would end quickly. And in the town of Burlington, the Des Lacs was behaving - staying well within the levee system as of now. Sunday morning ended with streams and rivers still on the rise, and local residents howling their breaths in hopes the water would recede quickly after a very fast rise.
Police Search for Suspect in Dickinson Stabbing
Dickinson police are searching for a man, wanted for questioning in connection to a stabbing this afternoon.
According to a release from Captain Joe Cianni, Dickinson Police responded to the 600 block of East Villard in reference to an assault around 2:14 Sunday afternoon.
A 31-year-old Dickinson man had a knife wound to his upper torso--and was admitted to the hospital.
According to police, 28-year-old Timothy Leroy Sumpter fled the scene on foot-- is still at large--and is wanted by authorities.
The general public is not believed to be in any immediate danger at this time.
If you have any information on Sumpter's whereabouts, contact the Dickinson Police Department at 456-7759
Former Governor William Guy Dead at the Age of 93
Former governor Bill Guy passed away today at a care facility in the Fargo area.
Guy was elected governor four times--more than any other North Dakota governor--serving twelve years.
He was known on the national stage for his friendships with president's Kennedy and Johnson.
At home, he helped lead our state into the modern world.
Bill Guy was governor of North Dakota from 1961 to 1973. He was born in Devils Lake, but lived in Cass County farming at Amenia.
He was a county agent, teacher and legislator.
"In fact he was courted by both the republican and democratic party when he first began in local politics in Cass County and everyone realized this man has a great mind, he's extremely articulate, he listens well and he has vision for what this state can be and he's not afraid to say North Dakota's as important a state as California, or New York," says Clay Jenkinson of The Dakota Institute.
Jenkinson says Guy had gumption. His spirit and resourcefulness led to relationships with President John F. Kennedy and Lyndon B. Johnson.
"So Bill Guy is a much bigger figure than just a great North Dakotan. He was a national figure and in fact he was one of our first national figures and his death leaves a kind of a void in statesmanship in North Dakota," says scholar Clay Jenkinson.
The interstate highway system, development of the coal industry and Garrison Diversion Project all took place on Guy's watch
"He believed that this state could be another in the great states of American states and we didn't' have to be a rural backwater and in doing so he changed the attitude of north Dakota life and the economy that we are all enjoying is basically a follow up on the set of economic protocols that Bill Guy developed in the 1960's. He reformed North Dakota government," says Jenkinson.
William Guy was North Dakota's 26th and longest serving governor. He was 93 years old.>>
Guy established the Theodore Roosevelt Rough Rider Award and gave the first to Lawrence Welk.
He is survived by his wife, Jean, and five children.
A Memorial Service will be held next Thursday in Bismarck at 10:00am at First Presbyterian Church.
A private burial will follow at the North Dakota Veteran's Cemetery.
Ward County Declares Flood
A flood emergency declaration was signed today by the Ward County Commission.
As KX News has reported the past several weeks, a quick melt could cause flooding for rural areas along the Souris-Mouse River system.
The flood emergency declaration will secure access to federal funds if flooding does occur.
Ward County Emergency Manager Amanda Schooling says high soil-moisture content has been a problem since 2008 and record snowfall in Canada and northern Ward County could cause flooding if the warm temperatures forecasted come to fruition.
(Amanda Schooling, Ward County Emergency Manager) "Getting ready for the potential flooding in some of our lower lying areas. Foxholm, Logan, could potentially have significant-to-them water go through them so this would open up our emergency funding as well as help with any type of other financial responsibilities that we have for mitigation and response. "
The state of North Dakota has declared a flood emergency but each county must also make a declaration, which would include small cities and townships within them.
Mayor Jerome Gruenberg set in motion a flood declaration for Burlington --- that was signed by noon today.
Ward County Highway Engineer Dana Larsen says overland flooding is expected - use caution when driving on county roads especially at night.
The flood emergency declaration is primarily for funding.
No additional flood fight efforts will be put into motion at this time.
However, Schooling says volunteer sandbagging efforts are forming this weekend.
Bring your own shovel from 9-7 on Saturday.
Sandbag sites are in Burlington, Sawyer, Carpio and the County building North of Minot on Highway 83.
Tougher DUI Laws Passed in North Dakota
The North Dakota legislature has overhauled the state's DUI law.
The bill got it's final approval today.
It doubles jail time for repeat offenders and in some cases triples fines.
As Donnell Preskey reports, the final bill is not as tough as what was initially proposed but is still significantly stronger than current law.
With a unanimous vote, the Senate gave the final approval to a bill that significantly increases the penalties for driving drunk, cracking down hardest on repeat offenders.
Kim Koppelman: "It's a monumental day because we've passed the toughest drunk driving reform in memory."
Lawmakers this session were compelled by two horrific crashes--one that killed an entire family on I-94, another killing two brothers as they slept in their tent at Lake Metigoshe.
Drunk drivers were responsible in both crashes.
Koppelman "It sends message that North Dakota is no longer going to be a state that tolerates drinking and driving."
"While the bill increases jail time significantly, some lawmakers say the law isn't tough enough on the first time offenders."
Gruchella: Jail time is the equalizer, for some people, $1,000 is a big fine, for others its minimal. But no one wants to sit in jail."
Ed Gruchella was a sponsor of a separate DUI bill that was defeated earlier this session.
His proposal called to lock up first time offenders for 30 days.
Gruchella: "When I started law enforcement 35 years ago, it was a class B misdemeanor. the same as it is in this bill."
However, if a drunk driver's blood alcohol level is double the legal limit, the penalty increases, carrying a mandatory minimum sentence of 2 days in jail.
It's one of the new things this DUI law does, including creating four new felonies.
Armstrong: "We created a vehicular homicide statute, 2nd offense with a minor is a Felony, no longer is an injury a misdemeanor it's a felony right away and all have significant mandatory minimum jail terms. And moved felony to 4th level instead of 5th."
DUI's involving an injury will spend at least 1 year in prison, crashes causing death, at least 3 years.
Armstrong: "For your serious DUI offenders there is no get out of jail free card anymore."
The bill also requires repeat DUI offenders to be part of the 24/7 sobriety program for one year.
Senator Armstrong is also a defense attorney in Dickinson.
He says he the new law could result in 15,000 more days in jail each year.
However he
Dam Nearly Closed, Flood Warning Issued
Discharges from dams in Canada have been shut down for a few days - and Lake Darling Dam is getting close to zero in discharges, yet there are new flood watches and warnings for the area.
That's because warmer temperatures are nearly here - and there will be significant snow melting over the next several days.
This is Lake Darling Dam today - with very little water coming through.
That means no more flood issues in the rural areas downstream of the dam.
But local runoff that's expected this weekend has caused flood advisories for the Boy Scout Bridge area, Logan, Towner, and Bantry.
All are expecting minor to moderate flood levels by the start of next week.
Animal Cruelty Bill Passes in North Dakota
ND lawmakers approve tougher penalties for mistreating animals.
The House gave it's final passage on the bill this morning.
The legislation comes on the heels of a massive animal cruelty case in Morton and Burleigh counties.
Over 100 horses were found dead starved to death in pastures owned by William Kiefer.
The bill increases the penalty to a Class C felony for the most heinous cases of cruelty and for repeated abuse.
The bill breaks mistreatment into four classifications: abandonment, abuse, neglect and cruelty.
It separates pets from agriculture related animals, protecting livestock producers and their practices.
Fargo Senator Tim Flakoll says, "For the first time North Dakota now has on the books has felony for most outrageous cases of animal abuse. Repeat offenders subject to higher penalties. It sends strong message we will not tolerate inappropriate acts to animals."
The bill now goes to the governor.
House Votes Down Bill to Increase Speeding Fines
A bill to raise the fines for speeding on North Dakota roads has died.
House Bill 1048 was intended to deter people from speeding on highways.
The bill would have raised the fines for speeding in a 55 mile per hour zones or lower to $2 for each mile over, it would have bumped up to $4 a mile over for speeding in 60 and 65 mile per hour zones.
And left the fine for speeding in 70 and 75 mile per hour zones unchanged.
The bill got a majority of the votes in the House, but did not get the minimal number of votes, which is 48 to pass.
Sponsor Representative Dan Ruby, says 11 House members were absent last Friday which threw off the vote.
An attempt to reconsider the vote Monday also failed.
Ruby says he intends to bring the issue up again next session.
ND Legislature Passes Measure for Vote on Higher Education
Chancellor Ham Shirvani
Bismarck, ND -
North Dakota lawmakers give Higher Education a vote of no confidence by passing a measure that could change how the system is managed.
The Higher Ed system has been surrounded by controversy over the past couple years whether it has been with the schools, the chancellor or the board.
Late this afternoon, the legislature gave it's final approval on a bill to let voters decide the future of higher ed.
ND voters Will be voting in Nov 2014 On whether or not they want to change the Higher Education system
The House approved Sending a measure to voters that replaces the Chancellor and the current 8 board members with 3 fall time Commissioners.
Lawmakers say the commissioners would be appointed by the governor .
The commission Would function like the Public Service Commission.
Some lawmakers say the change could affect the 11 institutions and their accreditation.
Representative Corey Mock of Grand Forks says, "We risk loosing accreditation for all of our colleges if this becomes law. And quite frankly, I am not ready to take that chance."
"It seems to me what we are creating here is a political animal that the current fights we have will be small compared to what we will have now because it looks to me like we are trying to take control of this," says Representative Marvin Nelson of Rolla.
Representative Al Carlson responds, "I think it is time we take control of this. I think it is very dysfunctional the way it is today and what this does is allow it to go to the people of North Dakota to decide if they are satisfied with the system of governance for higher education. This needs a new face lift and this is the time to get it started."
The measure passed the House with a vote of 55-34.
Again lawmakers approval gets this measure on the ballot. It will be up to North Dakotan's to decide if this is the best option to manage the higher education system.
The measure as first introduced, eliminated the board but had the Governor appointing a Director.
The Senate changed the measure to include the three person full time commission.
Burlington Making Flood Fight Preparations
There are ways to hold water back -- some obviously better than others.
In Burlington, preparations are underway now to try and remove as much sandbagging as possible from any future flood protection -- clay dikes being the preferred method.
Perry Olson was in Burlington today where some of the work was underway to clear a path -- literally -- for any dike work that would need to be done from here on out.
The roar of the chainsaw now -- will hopefully keep the roar of the river managed in the future in Burlington...
(Jeff Weaver - Burlington Public Works Director) "Save a lot of man hours and volunteers and actually do a heavier job."
(Perry Olson - KX News) "So this is the Des Lacs River...the confluence with the Mouse River is just a few hundred yards behind me. That makes this spot one that needs some attention in high water years. The work being done right now should remove sandbagging from that equation." (Jeff Weaver - Burlington Public Works Director) "If we do need to shore up the dikes, we have the room to do it without sandbag. We are going to take clay and build it up and drive the trucks on the dikes so we don't have to use sandbags."
Trees are coming down this week -- and lots of them -- some large, some small...but when they are gone, they will make access to the river much easier, and therefore, flood protection easier too.
(Jerome Gruenberg - Burlington Mayor) "We want to be ready so that if we have to build levees in a hurry we can get in with equipment and do it. We will not do a lot of sandbagging anymore. It just is not productive."
It's certainly cold work in late April -- but an insurance policy somewhat that will be nice to have for future years...
(Jeff Weaver - Burlington Public Works Director) "Just to be sure that we are ready to go if we have to go in minimal time we can save the city."
In Burlington, Perry Olson, KX News.
Weaver says home buyouts that have occurred in Burlington over the last year have made it easier to get into these spots to do the work.
Senate Restores Chunk of Money to Oil Country
Pressure from oil country has led the Senate to changing the bill that sends money to western North Dakota for oil impacts.
They made drastic cuts to the bill a couple weeks go, removing $400 million.
But today a large chunk of that money is restored.
Donnell Preskey has the latest.
After getting heat from western North Dakota lawmakers and residents who live in oil country, the Senate today changed it's stance on the oil impact funding bill.
Two weeks ago the Senate stripped the bill saying the money would show up in other bills.
But Senator Dwight Cook says his fellow lawmakers from oil country were getting beat up on the issue, so today he offered a plan to restore almost all of the money.
"Came to the conclusion, probably best that this money effecting western North Dakota stay in 1358," says Cook.
"This appears to get us back to be pretty close," says Senator Jim Dotzenrod of Wyndmere.
There is now $1.1 billion in the bill for oil related impacts.
The Senate's version is 100 million less than the House's version.
But still 3 times the amount that is currently going to areas impacted by oil development.
"It's over the Governor's budget, therefore it makes us scramble to find the most effective way to get the money out to the oil patch to the people who need it,"says Senator Rich Wardner of Dickinson. "There's a lot of money in here that will go back to where it's really needed. It's a step in the right direction," says Senator Bill Bowman of Bowman. "Infrastructure is a need across the state. I am excited we have added $100 m for non-oil counties," says Senator Terry Wanzek of Jamestown.
The bill still does not include money the Senate removed for services in oil country like ems, fire and hospitals.
"Make sure we get adequate funding to areas need it like EMS, hospitals, fire department. Necessary. Need to get them the support we can," says Wardner.
Understand that EMS especially, will have money in impact grant dedicated to it. That will be a conference committee discussion. But as of now, it doesn't have money set aside at this time," says Cook.
Cook reminds the Senate that this bill is a piece of un fished legislation. With the Senate's approval the bill will now head to conference committee.
In addition to this bill, Lawmakers passed a bill sending $600 million to oil roads earlier this session.
Senators Debate Tax Relief Package
Does the state's surplus mean it's collecting too much from North Dakotan's?
North Dakota Senators debate if corporate and income tax reductions should be included in the tax relief package.
One of the big issues North Dakota lawmakers still have to work out is one that will keep more money in your wallet...
The Senate has scaled back the cuts to income and corporate taxes.
The Senate's version now looks similar to Governor Dalrymple recommended but is $375 million lower than what the House proposed.
Donnell Preskey has the latest on the plan to reduce corporate and income taxes.
<< A bill to supplement tax relief for North Dakotan's got lots of debate in the ND Senate today.
Senators passed a bill reducing income and corporate taxes.
House Bill 1250 gives $100 million in income tax cuts and $25 million in corporate tax cuts.
Most of the debate centered around the question, would North Dakotan's rather have that $125 million go towards additional property tax relief.
Democratic Senator Mac Schneider of Grand Forks says, "The cuts to income and corporate taxes, I'm not going to say that there aren't North Dakotan's out there who want to see that happen but I think it's secondary to the support for cutting property taxes."
"I think $200 million or $190 million is the right amount to leave in the taxpayers pocket," says Republican Senator Dwight Cook.
"We have an abundance of money coming into the state's treasury. We need to do what's right and keep it in the pockets of North Dakotan's," says Republican Senator Joe Miller of Park River.
It has been the legislature goal of sending $1 billion back to North Dakotan's in combined tax relief. >>
House bill 1250's next move it to conference committee.
From a Dairy Farm to DC
It's never too late to take a new path in your career.
Luke and Julie Martin --- currently of Anamoose --- are proof of that.
From teaching in Slovakia, to dairy farming in North Dakota, to compiling statistics for the Department of Labor in Washington D.C. --- the Martins are seeing the world through career choices.
The winding country roads of Anamoose, North Dakota, are a far cry from the city streets in Washington D.C.
But for the Martin family of six, the two are equal in one element: adventure.
(Julie Martin, Anamoose Resident) "I almost feel like we have a variety of lives. We had a good time. We lived in Montana for awhile. Slovakia. We were in the Peace Corps and Moracco. I think it just builds your character."
Born and raised in Montana and Wyoming, five years ago, Luke and Julie Martin traded teaching careers in Slovakia for a dairy farm in North Dakota.
(Julie Martin, Anamoose Resident) "We were in the area and saw that this place was for sale and the way to make it work we found was to have a dairy so we gave it a go and now we're just ready for something new."
'Something new' is arguably as big a change as leaving Europe for North Dakota.
Luke has accepted a job with the Bureau of Labor Statistics - a branch of the US Department of Labor.
He'll be using his background in economics to work in the food division of the Consumer Price Index.
He'll be responsible for measuring inflation specifically on food.
(Luke Martin, Anamoose Resident) "I haven't seen a cow in DC yet. My job is still related to food and it certainly gives me some insight that the other people that are doing similar jobs, like the guy doing meat prices has probably never been around a cow. I think it does give me some insight there that's helpful."
With four kids ages 9 months to eight years, the Martins are giving their kids unique insights as well.
(Julie Martin, Anamoose Resident) "We want to expose them to a variety of cultures and people and I think we're getting a good start on that. We just want to give them opportunities to see how the world works. We like to travel."
From Slovakia to North Dakota to Washington D.C.
And what's more --- during the five years on the dairy farm, the Martins invited volunteers from around the world to take in the farm experience.
(Julie Martin, Anamoose Resident) "You meet a lot of neat people and give them the opportunity to have a farm experience which is kind of hard to do these days."
Online through a site called 'woofers,' volunteers from France, Rhode Island, Russia and Pennsylvania spent summers with the Martins.
(Julie Martin, Anamoose Resident) "Although we didn't get to travel much while we were here, we did kind of bring the world to us."
(Luke Martin, Anamoose Resident) "We had never owned a cow or driven a tractor. I had an academic background but no practical experience, so we've learned a lot. A lot of the practical side of life. And I think being a dairy farmer there's a work ethic there that you don't get at many other jobs."
(Julie Martin, Anamoose Resident) "It's going to be very different. Going from not hearing anybody or seeing anybody very much out here to a very densely populated area. But I think there's a lot of opportunity in that. We're kind of excited for some warmer weather."
(Luke Martin, Anamoose Resident) "There's a wide variety of opportunity out there. I see it here sometimes, people in North Dakota think all there is is North Dakota. Now being in DC for two months, I'm amazed at the number of people who think the only place in the world is the east coast. There's a wide world out there. I think it's worth while to see as much as you can."
(Julie Martin, Anamoose Resident) "There's a lot to see in the world. What we've found, people are the same everywhere. It's just taking the opportunity to see other cultures. I never thought I'd live in North Dakota. But now that I'm here. It's beautiful. People are wonderful. I think everyone should either travel or invite, like the volunteers that we had, we gave them the opportunity to see North Dakota as well. I really enjoyed living here."
The country roads are leading them down a new path, and like each place they've been, Julie says a piece of her heart will stay in North Dakota.
Demolition Starts on McLean County Courthouse
A historic piece of Washburn is coming down.
The McLean County Courthouse has stood in the heart of Washburn for more than 100 years.
Now Construction crews work to demolish the building that's plagued by not only age and deteriation but bat droppings and disease...
(Ladd Erickson / McLean Co. State's Attorney) "Nobody is joyful about this, I don't think anyone ever has been. It's been a great building for the county. It lasted a long time and there was a lot of service to it, but I would equate it to euthanizing your dog, you just have no choice, because the building is sick and there is just not the resources to maintain it.
For some it's a day they fought hard to avoid.
Dennis Kost is part of a group that worked to save the courthouse.
(Dennis Kost / Fought to Keep Courthouse) "There's a big sign out here, "Historic Washburn" outside on highway 83. They might as well take the sign down because this was a major part of historic Washburn and they are destroying it, they are removing it. The people who come back in the summer time to see the things they grew up with, it's our roots of many, many people throughout the nation who are upset about this."
The project will cost about 1.1 million dollars.
In 2010 voters approved building a new courthouse that is now being used.
Lawmakers Meet at Capitol for Saturday Session
The North Dakota state Capitol is usually quiet on the weekends, but this weekend, state legislators are there working on a number of bills the House and Senate are at odds on.
Lawmakers have nine legislative days left to finish up their work on bills ranging for agency budgets to tax relief and addressing the needs in oil country.
ND Legislative leaders had hoped they would be further along at this point in the session. That's why many of them are at the Capitol working Saturday.
Lawmakers are meeting on bills the House and Senate have different views on.
Those differences are being worked out in what's called conference committees, where a group of three Representatives and three Senators negotiate on the bill.
21 bills are being worked on in those conference committees Saturday.
Including 1319, the K-12 funding bill that is the main bill to deliver property tax relief.
There is a $119 million difference between the two chambers.
Chair of the committee, Representative Mike Nathe says, "As the way it stands right now, 1319 is turning out to be the main property tax vehicle. That's why the Senate wants all the money back in there. And have 1319 be the vehicle for property tax relief. There are people in the House that feel that some of the money in 1319 should be used for an additional vehicle for property tax relief."
Meanwhile the majority leaders have reached a compromise on a pay package for state employees.
This issue was holding up action on several major budget bills.
There are 120 bills left for North Dakota lawmakers to act on this session. 70 of them are still in conference committee.
The Education funding bill has $1.8 billion in it, $714 million of that goes toward lowering property taxes.
Williston Shooting
One person is in the hospital after a shootout with Williston police in a residential neighborhood of Williston this afternoon.
A woman who lives across the street from the house where the shooting happened says there were so many shots fired, she couldn't count them all.
She says police came to her home after she had heard two shots about three this afternoon.
They asked her and two others in her home to move to the back of the house - and police eventually evacuated the three from the house.
The neighbor says she saw a half-dozen or more officers shooting at the house where the suspect was holed up.
Police say the man was hit by gunfire and taken to Mercy Hospital in Williston.
They say they were alerted to the situation by a woman in the home with the shooter.
No officers were injured in the incident.
Assessing Moisture Along the Mouse
How much water is locked up in snow north of the border waiting to flow down the Souris-Mouse River Basin?
That's the question National Oceanic & Atmospheric Administration is answering this week.
Flight crews conducted an aerial scan using some very high tech equipment Wednesday.
Shaun Sipma was with them and has more on the process.
On board the NOAA Twin Otter - Twin Engine turboprop airplane, Lieutenant John Rossi and Officer Michael Hirsch and I set out Wednesday to get the latest snap shot of snow and water north of the border in the Souris River Basin that feeds the Mouse River that runs through North Dakota.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "Alright we're switching from United States aeronautical charts to Canadian aeronautical charts."
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "We collect airborne gamma radiation data and provide soil moisture and snow water equivalent values."
To do that, this high tech black box comes into play.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) It contains five crystals and various electronics and a processing unit that collects background gama radiation from the top 8 inches of the soil process it and gives the pilots soil moisture and snow water equivalent values.
The areas the team surveys are geographically and hydrologically important.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "As you can see the flight lines are basically laid out covering the basin that the hydrologists believe will give them a good image of the surrounding area.
Each Survey line is ten miles long and 1,000 feet wide giving the pilots the ability to collect a 2 to 3 square mile area of data.
Areas that, when the snow melts, will likely drain directly into the Souris-Mouse River.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "Alright Saskatchewan 302 is the first line we're flying it westbound."
While Officer Hirsch pilots the plan, Lt. Rossi is navigating, communicating with any air-craft or airports in their flight area, watching for potential threats which includes towers and birds as the plane flies 500 feet during a scan.
He's taking high resolution pictures to attach to a specific area to give hydrologists a visual look and also taking notes and logging the information.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "So the value on that last one was 14.21 centimeters.
-stand-(Shaun Sipma, KX News) "An once the data is collected from the dozens of scans that information is taken back and uploaded so an official forecast and outlook can be issued by hydrologists.
(Lt. John Rossi, National Oceanic & Atmospheric Administration) "And that allows them to create real-time models."
That survey & forecast then is often released with 24 hours of the actual survey flight.
With no new snow and little to no melting taking place in the survey area, the data gives those controlling the dams in Canada and the US along the Souris-Mouse River a solid picture of what kind of melt water to expect that translates into potential flood threat once the weather warms up.
In Saskatchewan Canada, Shaun Sipma KX News.
ND Senate Kills Bill for Higher Education Ballot Measure
Chancellor Ham Shirvani
Bismarck, ND -
After an hour long debate on problems with the current Higher Education structure, senators kill a bill that could make any changes...
Higher Education has been in the cross fire the entire legislative session.
Lawmakers have confronted rumors of an extravagant office for the Chancellor, proposed setting aside money to buyout the chancellor and questioned allegations about fraud in the University System office.
But as Donnell Preskey reports, the Senate was one vote short of sending a possible solution to the voters.
It appears very few North Dakota legislators are happy with the way North Dakota's college and Universities are managed.
Park River Senator Joe Miller says, "we have serious problems, we have had many fiascos in last couple years."
But changing the system is beyond their control.
That's where House Concurrent Resolution 3047 came into play. It would have allowed voters to decide the future of Higher Ed. As first introduced, it proposed to eliminate the board of Higher Education and allow the Governor to appoint a director. The Senate changed the measure to get rid of a Chancellor and instead have a three person, full time, commission. Much like the PSC.
Senator David Hogue of Minot says, "the part time volunteer board structure does not work, it's an overwhelming task. there are many demands placed on that leadership."
Senators who oppose the measure say the legislature should stop interfering in Higher Ed. They say allowing the issue to go to voters may send the wrong message to North Dakotan's.
Crosby Senator John Andrist says, "I think we should let them work out their problems, this will be perceived as meddling and taking sides as we have always done."
"Allowing the people to vote will send a message to us one way or the other. If they vote no, leave it as it is, it's a message to the legislature that maybe you shouldn't meddle as much. If they vote yes, they are ready for a change," says Senator Tony Grindberg of Fargo.
Supporters say the measure has never been intended to insult the work of current Chancellor Ham Shirvani or the eight member board.
Grindberg says, "the current leadership model has serious problems, serious problems."
"No matter what we do here, we will be back, critiquing commission, too much too soon, too little too late," says Senator Larry Robinson.
There has been conflict this entire legislative session between lawmakers, the University System and the Chancellor. But in the end... by one vote, the Senate decides to back off.>>
Earlier this session, money to buy out the chancellor's contract was added to a different bill.
That has since been removed.
NOAA Flight Assesses Snow Impact
The management of the dams is based on estimates of the water content of the snow in the river's watershed.
The most recent estimate was made in late March.
But last weekend, a major storm dumped snow across the southern part of the Mouse River.
And today, the National Oceanic and Atmospheric Administration was flying over the river's drainage area, collecting data for a new estimate.
KX News was on board that flight that covered territory in both the United States and Canada.
(Lt John Rossi, NOAA Aircraft Operations Center) "We collect the data over the course of the flight. At the conclusion of the flight we send the snow moisture and snow equivalent values back to the office and they call it a real time model that we create. It is a few hours old but it's the most current information that you can get as far as reliable moisture values across the northern half of the country. Really the entire country."
Tomorrow, Shaun Sipma will have a report on HOW the scientists collect the water equivalent information used in estimating runoff.
And, NOAA will be reporting the data to the Corps of Engineers as early as tomorrow as well.
Corps officials have said that information may lead to a change in the management plans for the river.
City Grants Deal to Home Depot
Home Depot is the most recent commercial business to express an interest in southeast Minot real estate.
In an effort to ease future growing pains, the city of Minot saw an opportunity to share infrastructure costs with Home Depot to be sure street repairs are done correctly --- not only for the Home Depot lot, but for drainage and traffic flows.
The 'development agreement' was approved today (Wednesday) in a special session of the city council.
Once the agreement is signed, the city will hire a design engineer and road construction will begin this summer.
The one million dollar cost share partnership will improve 1st Street and 33rd Avenue behind the Home Depot site.
City Engineer Lance Meyer says normally, a special assessment would be made and the developer would financially carry the improvements.
(Lance Meyer, Minot City Engineer) "Here there are some special things that both parties wanted to see so we felt it would be in everybody's interest to do a developers agreement. It's just a little bit out of the ordinary for how we do things. The construction will be the same, there's just some agreements that had to be approved by both parties and that's what this was today."
Home Depot will set up a temporary site over the summer for contractors to make orders and the building construction will begin in 2014.
Pro-Lifers Gather At Capitol To Say "Thank You"
Last month Governor Jack Dalrymple signed a handful of bills which makes North Dakota the most restrictive state in the nation to receive an abortion.
These people are celebrating.
Instead of rallying on the front steps of the state capitol, this afternoon more than 1,000 people gather to say "thank you."
<< People from all over North Dakota come together at the State Capitol in Bismarck to show their appreciation to governor Jack Dalrymple and North Dakota legislators.
"I have grown up in a generation where abortion has always been legal and I think I think abortion hurts women and that women deserve better," Eleri Kerian from Grafton, North Dakota said.
"We just wanted to be part of the people that want to stand up for the unborn and I think there are more people in North Dakota who are pro life and we just wanted to be supportive of the governor in signing the bills," Maureen Kautzman from Hettinger, North Dakota said.
Reverend Frank Pavone, a nationally known Catholic Priest, spoke to the hundreds of Pro-lifers. The large group showed their support for the controversial legislation.
Many of those gathering on the steps of the capitol, have been waiting years for laws like this to be made in North Dakota.
"We've been waiting 40 years, 40 years of people praying and fasting and waiting for God to shine the light and turn this around," Sharon Maulding from Jamestown, North Dakota said..
"I know that this is something most North Dakotans believe in and are passionate about," Kerian said.
"Because we support life for everyone, born and unborn," Gladys Keily from Tappen, North Dakota said.
Hoping North Dakota's voice for the unborn, is heard across the country.>>
The abortion laws signed by governor Dalrymple are not yet in force and are likely to face court challenges.
River Update
After several days of flood watches and warnings along the Mouse River, there are now only three river gages registering flood-level flows.
As of today, the National Weather Service is reporting the Mouse in the 'moderate' flood stage east of Foxholm, at Towner, and at Bantry.
The high readings are because of flows from Lake Darling Dam of 2,800 CFS - a flow expected to be maintained until Friday when it is likely to be reduced.
At the Foxholm gage directly below Lake Darling Dam, the Weather Service projects a drop at the end of the week, reflecting plans for lower releases.
Other areas where the river got into flood stage before stubborn ice was washed away are now showing readings below flood stage.
But downstream of Velva, the river is still predicted to remain at flooding levels for several days.
ND Senate Puts Restrictions on Fargo Flood Control Dollars
While Fargo residents prepare for another flood, the North Dakota Senate votes to commit more money to building permanent flood protection.
With one exception.
"The state needs fed commitment that they will pay their share of the project they designed and not dump it on the rest of us," says Fairmont Senator Larry Luick. Luick offered the amendment during the Senate's debate on 1020 this afternoon.
The flood control project is still waiting to get authorization from the federal government.
Senator Luick is also concerned that Minnesota has shown no interest in the project.
Senator Terry Wanzek says, "it's too big of a deal to go into with only one partner ponying up the money. I'm ready to support this but only when see full federal money put into the project."
Those opposed to putting restrictions on the dollars, say it shows a lack confidence in the $2 billion project.
"It asks federal government to act first. I think it's important we demonstrate to the federal government and to ourselves that we believe in this project we will take the first step," says Senator Tim Mathern of Fargo.
Senator Tony Grindberg says, "We need to make a decision to move forward that for 200,000 people will give confidence there will be permanent flood protection."
For many Senators in this chamber, this bill is personal.
"What preparing for is the distance between top of head to ceiling. We're tired of fighting it," says Senator Tim Flakoll of Fargo.
Senator Judy Lee of West Fargo says, "we can not hold up this project, it's important to move forward."
"It's been 16 years since Grand Forks went through what it did. It's time to take care of Fargo," says Grand Forks Senator Lonnie Laffen.
While the bill puts the breaks on the full project until all of the federal dollars are committed, the states share can be used to build dikes and levees.
House bill 1020 dedicates $100 million toward flood control for Fargo.
The bill also caps the state's total contribution for the project at $450 million.
Corn and Soybeans
2012 was a record year for agriculture--in yields, prices and profits.
Reporter Sarah Gustin has more on what ag experts are expecting for cash flows in the year ahead.
Steve Metzger / Farm Business Management: "What we have seen in the last year is probably the single best year that we will ever see. We have had basically record yields along with record prices. And that has given us record profits."
2 different crops contributed a lot of dollars to those high totals.
Corn and soybeans.
Steve Metzger / Farm Business Management: "For South Central North Dakota, Right now 49% of our cash income came last year came out of just corn and soybeans alone with wheat and barley amounting to only 9% between the two."
Steve Metzger compiles farm data in the Harrington area.
He says on average in that area net income totaled slightly more than 400-thousand dollars per farm.
A big total--but expenses also totaled well over a half a million dollars.
Steve Metzger / Farm Business Management: "We had a very good year, therefore we see expenses going up some cases, rents certainly jumping. Land prices jumping and we see a lot of farmers going back to more corn and soybeans again. Simply because they were the big crop for us last year."
Don Hagen gathers data in the Glen Ullin area.
Hagen says net farm income in that area rose nearly 33-thousand dollars this last year.
Don Hagen / Farm Business Management: "A lot more corn going in and this is the first year we have had enough people in the program seeded soybeans that we have soybean averages."
Hagen says 2012 was also a good year for ranchers with a net return of about 170 dollars per cow.
That's up 19 dollars from last year.
Don Hagen / Farm Business Management: "Started out with a nice spring for calving. The weather was very combating and the calf death losses were down and weaning percentages were up but the waning weights were down, that's mostly attributed to the poorer pasture growth."
Both agree, the biggest challenges farmers will face is high expenses and falling prices.
The Average Net Farm income in the Bismarck area totaled about 284-thousand dollars.
Bismarck Woman Describes Boston Marathon Explosion: "Mass Chaos"
Two people are dead...at least 50 injured in two explosions near the finish line of the Boston Marathon.
15 people from the Bismarck area are there for the race.
Julie Jeske says she finished the race ten minutes before the explosion and was two blocks away.
We talked to her on the phone-- she says it's mass chaos.
"There was this loud boom and then another one so they were pretty much simultaneous and then we could see this smoke billowing up everyone just stood there in disbelief just processing what's going on and the gentleman next to me said 'we gotta get out of here.' I said what do you think happened, he said 'I think it's a bomb.' And everyone just kind of panicked," Jeske said.
This is Jeske's 4th Boston Marathon-- she says what happened today does cause her to rethink large marathons. She was planning on the New York Marathon in November.
Another Bismarck runner--Denise Kaelberer-- told Jeske she was nervous about this Boston Marathon, and had a strange feeling about it.
River Continues to Rise
Three locations along the Mouse River are now at moderate flood stage.
The river level has been rising due to increasing releases from dams in Canada and at Lake Darling in the US.
As of today, river gages west of Sherwood, east of Foxholm, and at Towner are measuring river levels in the moderate flood category.
At Logan, the river is in the minor flood stage.
The National Weather Service projects the river will rise another foot-or-so at the Sherwood gage - where water has already begun covering some of the low-lying farm and ranch land.
River projections call for the level to remain about the same at Foxholm and the Boy Scout Bridge.
And the Weather Service predicts a rise of between one and two feet downstream of Minot at Logan, Sawyer, Velva, Towner, and Bantry.
All of the current flood issues have been caused by the effort to release water from reservoirs to make space for an expected high snow melt - although very little melting has yet taken place in the river's watershed which stretches into southern Saskatchewan.
Senate Approves Stronger DUI Law for ND
Bismarck, ND -
The North Dakota Senate has unanimously approved a bill that significantly strengthens the state's DUI law.
The bill doubles the fines and jail time for drinking and driving.
Two days in jail is the minimum for someone arrested for driving drunk with a blood alcohol level over .18.
The bill also creates a vehicular homicide statute.
The bill requires mandatory participation in the 24/7 sobriety program for DUI offenders.
Senator Kelly Armstrong says using last years DUI stats this bill will create 15,000 more days in county jails and have 2,500 people using the 24/7 program.
"This bill realizes the constraints in our growing communities and over capacity county jails. This is a comprehensive approach and significant change in how we adjudicate DUI's in ND," says Armstrong.
The bill also includes $360,000 for drinking and driving education.
Because the Senate and House versions differ, the bill will more than likely go to conference committee.
Ready for the Flood
The exact output from Canadian dams may be a bit murky - but it's clear what the high flows are doing to property upstream of where the Mouse River dumps into Lake Darling.
Downstream from Lake Darling, the output is controlled by the Lake Darling Dam, but upstream, the river level depends on what's coming from Canada.
Jim Olson has an update with the people who are first to see that water.
It was five below zero at the Hanson ranch on the US-Canadian border Tuesday morning. And Greg Hanson is just finishing the task of moving his ranch from the normal pens to a hillside because the Mouse River is about to cover his land.
(Greg Hanson, Renville Co. Rancher) "GOt a few gates to tie down, make sure the shop is cleaned out, stuff up in the hay mound in the barn, and when the water starts coming through the yard shut the power off at the pole and head for the hill with the cows."
Hanson is upset that releases into a frozen river channel are causing a flood at his ranch before there's even any snow melting in the region.
(Greg Hanson, Renville Co. Rancher) "They need to push it through quicker, earlier in the year so that when our melt comes we don't have a full river channel. Our melt is going to happen one of these days and there's nowhere for it to go except through everybody's yards. It's just stupid."
To keep his couple hundred cattle safe, he cleared off some space on the hill overlooking his pens - where cows, calves, and horses are now waiting out this early flood.
It's a process he's completing just in time.
(Greg Hanson, Renville Co. Rancher) "The river now is at 19.44, and at 21 feet it's going to be coming through my yard. And the ice is still jamming up the channel and with five below zero and 20s for highs, the ice ain't going nowhere."
Looking at the river, you can see the issues - ice is blocking the flow of the river, forcing the level of the water higher than it would normally be at these flow rates. It's the same story on the county road south of the Hanson ranch - and farther downstream at Mouse River Park - where water rushing over the paved road entrance on the park's west side has caused the closure of that road. For the people living upstream of Lake Darling, there's little to do but watch and hope the ice goes out soon and the river's level can drop once again.
(Greg Hanson, Renville Co. Rancher) "Everything's up on the hill and safe, and Tami and I and the kids are safe..."
Near Sherwood, Jim Olson, KX News.
The Hansons' house used to sit near the river gage but it was flooded in 2011 and the family moved the house to a hill to end any chance of another flood hitting the house
Water Releases Lower Than Stated?
Water managers in Saskatchewan have issued their April spring runoff forecast and, as reported last week, it shows much more water equivalent in the snow pack within the Souris River watershed.
The new forecast estimates the runoff will be one-and-a-half to two times higher than was estimated in March.
The report blames two major March snowstorms for the higher runoff estimates.
And the levels of Rafferty and Alameda reservoirs are being drawn down in anticipation of that high runoff.
That's why releases from the Canadian dams have been unusually high in the past ten days.
But how high are those releases?
Environment Canada's website has put the total at or near three thousand cubic feet per second since Saturday.
But officials with the Water Security Agency in Saskatchewan say that is artificially high because of problems with how releases from Rafferty Dam are measured.
They say the actual total of Canadian dam releases is about 25-hundred CFS, not three thousand.
In any case, the releases are having the desired effect of bringing down the level of reservoirs that will be called on to hold back the large spring runoff - whenever that melting begins.
River Rise Continues
Unusually cold weather continues to hold up the spring melt in our region.
That's a concern for water managers worried about the size of the snow pack in southern Saskatchewan, where the Souris River forms.
This is the latest estimate of the snow pack as of today.
If temperatures suddenly get up to average for this time of year, there'll be a sudden melt of much of that snow.
On the good side, the delay in melting is providing time to make more space in reservoirs in Canada and the US.
That's being done through significant water releases from the dams that create those reservoirs.
The three Canadian dams have been releasing more than three thousand cubic feet per second since Saturday.
But those releases come with a cost for people living at the border, where the Souris becomes the Mouse River in North Dakota.
We talked with the Hansons last Monday about their preparations to move cattle out of the pens near the river.
Now, with the level of the river five feet higher than a week ago, they have moved those animals because the river is now covering the driveway into the cattle pens.
Downstream at Mouse River Park river water is now rushing over the paved road into the park, although the road is still open.
Officials will notify us if the road has to be closed.
Meanwhile, from the Boy Scout Bridge just west of Minot, to Logan and Sawyer, to Towner and Bantry, the river is either in minor flood stage or expected to get there soon.
As for the ice on the river, the National Weather Service reports it is slowly disappearing - as was hoped with the higher flows.
Daycare Bill
Prior to this legislative session... Meetings across the state revealed childcare was the top priority of North Dakotans.
Yet several lawmakers and those in the childcare sector say lawmakers are not listening...
House Bill 1422 was designed to stabilize childcare operations and to recruit and retain providers.
It also included funds earmarked for special needs.
The bill started with $15 million in funding, and is now at $2.6 million.
Today lawmakers and those in the childcare industry asked the Senate Appropriations to restore some funding, to include at least $6 million.
Representative Kathy Hawken says lawmakers have to step up and help with the childcare challenges.
She says there are not enough facilities to meet the needs, especially in western North Dakota.
"For some reason, we can subsidize operations in other areas, we do it in nursing homes, we do it for business start ups, renaissance zones. We do it for a number of things, but for some reason, we can not get over the thought of doing it for childcare," says Fargo republican Rep. Kathy Hawken.
The Senate Appropriations is also reviewing a bill for the state to fund pre-k.
The bill is for $2.6 million in grants to schools for starting early childhood education programs.
A heavy-handed, top-down approach -- or a fair way to address property tax exemptions for business? Senate Bill 2314 -- known as the "Walmart Bill" -- is said to have been introduced in response to Mandan's two-year property tax exemption to the store.
The Bill requires State approval before tax exemptions can be granted. Critics say SB 2314 strips control over area development from cities and counties -- and gives it to State-level bureaucrats.
"You're taking away the power from somebody that is supposed to know the intricacies and intimacy of the City, and you're saying that you can do better than us. That's not how our government was set up. We live in those communities and we're elected by the people," says Mike Braun, Mandan City Commissioner.
Mandan officials assert the one-time $400,000 total property tax exemption will be more than offset by Walmart's $400,000 annual sales tax revenue. They say local control is essential to increasing the sales tax base, which will ultimately, reduce property taxes.
"More than 60% of our tax base goes to Bismarck, because we have to go to Bismarck to do our shopping. So we now have this tool to ask businesses to come into Mandan, so that we can increase our tax base, which eventually lowers our property tax," says Commissioner Braun.
Mandan officials say had this law been in place, they would not have been able to attract the Comfort Inn, since service sector businesses, including hotels, are ineligible for any exemptions under the proposed law.
SB 2314 is expected to go to a vote anytime. If it passes, it will impact cities and counties across North Dakota. KX reached out to North Dakota Senator Tony Grindberg, a sponsor of Senate Bill 2314, but did not receive comment before deadline.
Releases Top 3,000
Water releases from Canadian dams have topped three thousand cubic feet per second.
It's the highest releases from Rafferty, Alameda, and Boundary Dams since the fall of 2011 when the reservoirs were getting back to normal after the record flooding of that year.
As of Sunday afternoon, water flow from the Canadian dams totaled 3,034 CFS.
The releases are dropping the level of the reservoirs in the Estevan area to make room for an expected very high runoff from snow melt - once the melting actually begins.
In the US, Lake Darling Dam has been releasing 28-hundred CFS since Friday afternoon.
And since the higher Canadian flows have yet to reach Lake Darling, the level of that lake is also still dropping.
It's now about one foot above the desired level of 14-hundred-93 feet.
Releases Spur Flood Watches
Most river gages along the Mouse River in North Dakota are expected to get into, or close to flood territory over the next several days.
The National Weather Service is predicting many places will be dealing with minor flooding as water now being released from Lake Darling Dam makes its way downstream.
Jim Olson reports.
Lake Darling Dam began releasing 23-hundred cubic feet per second of water Wednesday afternoon into a river bed that - beginning just north of Burlington - is mainly iced over.
That raises the possibility of ice jams and localized rapid rises in the river.
But beyond the ice jam danger, the higher flows themselves will push the river into the minor flooding category east of Foxholm and the Boy Scout Bridge.
Downstream of Minot, the river is predicted to rise to what's called the "action stage," the zone just one foot below the minor flood stage early next week at places like Logan and Sawyer.
In Towner, the river is predicted to rise to minor flood stage by late Monday.
The release of 23-hundred CFS from Lake Darling is being done to draw down the lake's level to about 1593 - two feet lower than the lake ever reached in the spring of 2011.
Elizabeth Nelsen of the Corps of Engineers says the lower target for Lake Darling is not due to new management rules for the river system, but because of higher moisture levels in the snow pack that drains into the river system.
(Elizabeth Nelsen, US Army Corps of Engineers) "We have not changed our management plan. In 2011 there wasn't as much snow water equivalent as there is this year. So the agreement in 2011 required us to go to elevation 1595 feet whereas this year with additional snow water content we are going down to 1593 feet."
Nelsen says releases from Lake Darling will be modified if and when runoff from the Des Lacs River starts hitting the Mouse River where the two rivers meet near Burlington.
(Elizabeth Nelsen, US Army Corps of Engineers) "Before the local snowmelt runs off we will most likely be closing our gates like we have in the past in order to keep the peak lower. And then once the Des Lacs River runs off and starts to lower we will open our gates again to lower Lake Darling back down."
The Corps of Engineers is managing Lake Darling Dam under terms of the river management agreement because this is considered to be a "one in ten" year for snow melt in the system.
Lawmakers Vote to Move Forward with Heritage Fund
The North Dakota legislature decides to move forward with a plan to create an outdoor heritage fund.
The Senate approved the bill this afternoon.
4 percent of oil and gas tax revenue will be used to establish the conservation fund, with a cap of 15 million a year.
The money could be used for projects such as providing access to public and private lands, restoring fish and wildlife habitat, conserving natural areas for recreation, and developing parks.
"That's what this bill is about, about public access to land. Just getting opportunity so people who have that heritage, love to hunt and care about the land can have access," says democratic Sen. George Sinner of Fargo.
"I'm still not sure how I'm going to vote, I know I don't like it but I wonder if it's worth buying the ransom so we can buy off the wildlife interests who want to control our land. I just want you to know our farmers and ranchers feel that they have been good stewards and they feel this kind of thing is a slap in the face," says republican Sen. John Andrist of Crosby.
An advisory board will oversee the funding and the Industrial Commission will have the final approval of projects.
House bill 1278 now goes to the Governor.
City Making Flood Plans
These higher releases were spurred by a new estimate of the water content of snow in southern Saskatchewan and the chances of higher than average runoff this year.
The Corps of Engineers promises to keep releases at or below five thousand CFS at the Boy Scout Bridge just west of Minot.
That five thousand mark is important - it's the level that the city's levee system can handle with about three feet of freeboard.
And if you're concerned that damage to the levees from the 2011 flood might be a problem, Minot Public Works Director Dan Jonasson says the levees are in good shape.
(Dan Jonasson, Minot Public Works Dir.) "When the Corps removed all the emergency levees we worked alongside of them so that the materials taken off - none of the levees are any lower than they were when we went into the flood fight of 2011."
Jonasson says pumps are being readied to be deployed to key areas along the city's levees to remove water from places where it can cause problems along the dike system.
He says his biggest concern right now is being ready for overland flooding from possible rapid melting of the snow in the immediate area.
House Approves Bill Dealing with Unpasteurized Milk
It may have been common years ago for people to drink milk fresh from the farm but it is currently illegal to sell raw milk in North Dakota.
The House approved a bill that provides a legal option for those who want to drink unpasteurized milk.
Senate Bill 2072 allows North Dakotan's to enter into a shared animal ownership agreement with a dairy.
They can own a share of the cow to purchase raw milk.
Under the bill, once purchased the milk can not be resold.
Some lawmakers opposed a portion of the bill which says dairy farm owners who participate in an agreement must register with the Ag Department.
Rep. Laning: "It's really more of a step closer to big brother or government oversight. In my mind it's just an interference in small dairy operations. I don't think it's necessary at all."
Rep. Headland says,"If we take this piece out, they will be able to do cow share agreements. However if the department of Agriculture receives a complaint they will have to go out and investigate. They will have no idea if the agreement has moved forward. They will have to investigate the sale of raw milk which is illegal in this state."
The House did make some changes to the bill, so it returns to the Senate for it's review.
House Passes Animal Cruelty Bill
Abuse of animals is a hot topic in North Dakota right now.
An initiated measure to increase the animal cruelty laws in the state was defeated in November.
Just as the debate over that issue settled down, a massive animal neglect case in Burleigh and Morton County was exposed where nearly 100 horses were found dead.
While lawmakers are hearing the pleas for stronger animal abuse laws they have been careful not to overreact.
Donnell Preskey has more from the Capitol where the House approved legislation addressing animal cruelty.
The North Dakota House has decided a Felony is appropriate for the most severe animal cruelty cases.
"Addresses animal welfare while protecting animal production balance so one does not compromise the other," says Rep. Rust.
The House Agriculture committee separated mistreatment of animals into four categories, neglect, abuse, abandonment and cruelty.
Most of the crimes are considered misdemeanors with abuse on a 3rd offense a C felony.
Under this bill, the most heinous crimes to animals, the cruelty cases, are also C felonies.
"Gives examples of cruelty," says Rust.
The debate on the bill was limited, legislators had more questions on what crimes are covered.
"I have reservations, think this bill goes beyond what have to do to protect animals," says Headland.
But an initiated measure on the November 2012 ballot stirred up emotion on the issue.
It failed by 65% but lawmakers feel threatened more attempts will be made if legislators don't act.
"If this bill keeps out of state animal activists out then it's good to pass," says Headland.
Representatives passed the bill with a vote of 90-1.
Because the House made changes to the bill, Senate bill 2211 returns to the senate for their consideration.
Dam Releases Increase Again
Get ready for the level of the Mouse River to rise.
Another round of increases in water flow has begun, both from Canadian dams and at Lake Darling.
Just 90 minutes ago, water managers opened gates at Lake Darling Dam to increase releases from the 800 cubic feet per second level they'd been at for most of a week, to 15-hundred CFS.
And the releases will increase again tomorrow too - going up to 23-hundred CFS by this time on Wednesday.
The new round of releases from Lake Darling comes in response to news from Canada that a new survey of the water content in the snowpack in Saskatchewan shows a large amount of moisture will be coming into the system when the melt begins.
(Tom Pabian, US Fish & Wildlife Service) "This weekend they flew what they call gamma surveys, it determined the amount of moisture in the snowpack that's up there. With that information they've calculated there's a bit more moisture than earlier they thought and that's what taking in effect now."
Here's a look at the current releases from Canadian dams - although these figures are about three hours old they are the latest available.
Rafferty is the largest of the three reservoirs and is putting out one thousand CFS.
Alameda Dam is currently releasing 471 CFS, and Boundary Dam is releasing 160 CFS.
The current total of water being sent downstream from Canadian dams is 1643 CFS, but is on its way to 23-hundred CFS over the next several hours.
And again, Lake Darling Dam is now spewing 15-hundred CFS and will go to 23-hundred CFS tomorrow.
Officials say the river channel should be able to handle the higher flow - with ice beginning to break up or melt away.
(Tom Pabian, US Fish & Wildlife Service) "It's a combination of events - we feel that ice conditions downstream are such that we can increase the needed flows."
Ice has disappeared from the river from Lake Darling Dam to a few miles north of Burlington.
City of Minot officials say you can expect to see the river rise about two feet in town.
And they stress they are ready to respond to any threats should the river rise into flood stage of five thousand CFS.
A new estimate of the flood potential for this spring is due to be released by the National Weather Service on Thursday.
Lawmakers Reach Compromise on "Fetal Pain" Bill
North Dakota House and Senate negotiators reach an agreement on the lone abortion bill still being worked on.
The "fetal pain" bill bans abortions after twenty weeks.
The House and Senate passed two different versions of the bill, forcing it to go to conference committee.
The group, made up of six representatives and senators, reached a quick compromise.
Donnell Preskey has the story.
A group of six legislators made up from the House and Senate decided the best way to move Senate Bill 2368 forward is as the Senate passed it.
The legislation is often refereed to as the fetal pain bill.
It outlaws abortions after 20 weeks of pregnancy based on the disputed premise that a fetus can feel pain at that point.
The conference committee voted unanimously to remove an amendment the House added to the bill preventing tax dollars from going to entities that provide counsel for or refer abortions.
The amendment threatened a $1.2 million federal grant to NDSU for voluntary sex education to Fargo area teens with parents approval.
"There were concerns with the bill as amended by the House as it related to, language in there as it related to higher education. Different thoughts would it have numerous tentacles into impact in doctors offices and universities. Concerns on this that was not the intent of the bill," says republican Fargo Senator Spencer Berry.
Senate Bill 2368 is one of several anti-abortion bills the North Dakota legislature has approved this session.
Governor Dalrymple signed three bills last week.
One of them, very similar, bans abortion if a heartbeat is detected -- which is usually after six weeks.
Senator Berry says the legislation is not redundant.
"This particular area is going into the abortion control act. The language that has to do with this. So therefore when it comes to fetal pain, this is a necessary portion to add to our code."
Berry says several other states have passed fetal pain bills.
Idaho was the first state to have the fetal pain law rejected by a federal judge last month.
10:53:20 if we devalue life at any stage of development it tends to have a societal impact and we start to devalue life at every stage. I want us to promote life at every stage I hope that's what the people of ND see happening.
While Dalrymple has signed three anti-abortion bills, the Governor will not comment on the bill or his position on the legislation until he sees the final version.
"I don't speculate on the executive branch, something they have to take seriously and decide," says Berry.
Both chambers will vote on whether or not to accept the conference committee's action.
Senate Makes Additional Changes to DUI Bill
There is support for stronger drinking and driving laws in North Dakota, but the option before lawmakers is not has stiff as was first proposed.
The Senate approved changes today to House Bill 1302 the only DUI proposal still alive.
The bill doubles the fines and jail time of the current DUI law.
However, the penalties were much harsher when the bill was introduced.
For example a first offense was a minimum of four days in jail, now it's 2 days and that's if a drivers' blood alcohol limit is over .18.
Senator Kelly Armstrong says they also decided to keep a second offense a B misdemeanor to avoid putting a huge burden on the court system.
The revised bill also creates a vehicular homicide statute.
If a person is killed in an alcohol related crash the penalty is a Felony with three years in prison.
An intoxicated driver who causes injury to a person faces 1 year in jail for first offense.
Senator Kelly Armstrong says, "your transportation committee felt that if you are going to choose to drink and drive we are going to treat your car as a loaded weapon. If you play Russian roulette and make it home then good,don't do it again. But if you injure someone, we are going to hold you accountable."
Armstrong says the need for more education kept coming up during the DUI hearings.
$360,000 has been added to fund the underage drinking prevention program.
Because the bill includes state dollars, the bill will go to the Senate Appropriations Committee before returning to be voted on by the full Senate.
Group Wants Abortion Bills Put to Statewide Vote
Grand Forks group wants three abortion bills put to a statewide vote.
The Secretary of State's office received paperwork today for a referred measure on the bills Governor Dalrymple signed last week...
Al Jaeger's office has 5-7 business days to accept or reject the paperwork.
The sponsoring committee is a group of grand forks residents.
Their petition effort would stall laws from being enacted until North Dakota voters had a say on the abortion laws signed last week.
Each petition would need 13, 452 signatures.
Sherwood Ranchers Prepare For Flooding
There hasn't been much melting of snow along the Mouse River in the US so far this spring.
And river managers are keeping an eye on the river channel, waiting for ice to deteriorate so they can increase releases into the river from Lake Darling.
The dam at Lake Darling is releasing 800 cubic feet per second - and Corps of Engineers officials say they'll keep it at that level until the snow melt is underway.
Meanwhile, releases from Canadian dams continue to increase - with the flow expected to rise from the current 1470 CFS soon.
West of Sherwood, ranchers are facing the possibility of losing some of their calving land to the high water.
Jim Olson reports from the border where the Souris River exits Canada and turns into the Mouse River in the US.
Say hello to the newest calf at the Tami and Greg Hanson ranch in Renville County. The little one is joining the herd at a busy time - not only because there'll be close to 200 calves soon, but because of the river that's just over the horizon.
(Tami Hanson, Renville County Rancher) "The whole thing's making us a little nervous."
The Hansons farm the land that's just inside the US- where the Mouse River begins snaking its way through North Dakota. But because of the late spring and the increasing water releases from Canada, the river could overrun their pens.
(Tami Hanson, Renville County Rancher) "As long as possible, the cattle will stay here, yes."
While that's the hope, they're also making plans to move. They've hired a contractor to plow an area at the top of a nearby hill - where the cattle can be relocated.
(Tami Hanson, Renville County Rancher) "When he cleared that spot on the hill he cleared out this lot too...we normally calve out here."
But they also are having to move all their equipment - something made a lot more difficult by the deep snowdrifts of this winter.
(Tami Hanson, Renville County Rancher) "What should have taken a few hours to move out has taken a few days just because of the snow."
They'd also have to move hay and much more up the hill. But one thing they don't have to worry about this year is their house. That's it at the top of that hill. It used to be here - right next to the river gage that was telling them of high water more frequently in recent years. They moved it after the 2011 flood.
(Tami Hanson, Renville County Rancher) "We weren't sure if we should or not but this sealed the deal - we did the right thing."
The current release forecast from Canada says the river should rise to about 16" - about two feet below where the cattle would have to be moved. But the unyielding ice on the river is pushing the levels higher than normal, meaning the next rise might flood their driveway.
(Tami Hanson, Renville County Rancher) "We're not panicking, we're just trying to be ready. And hopefully this year we can have everything moved out and just watch the water go by and not try to fight it."
Whether or not that's possible will depend on how smoothly and how quickly all this ice finally leaves the river bed to allow the water to move through more easily. At the US/Canadian border, Jim Olson, KX News.
The increasing flow from Canada, coupled with the steady 800 CFS output from Lake Darling means there'll soon be quite a bit more water coming in to Lake Darling than going out, so the level of the lake is likely to start rising.
Lake Darling is currently almost one foot below the level required by the 1989 international agreement on river management.
Democrats Push to Increase Starting Teacher Pay
North Dakota democrats say they will continue to fight to raise the starting teacher wage nearly $10,000.
The current starting teacher salary is $22,500.
It has not been raised since 2003.
The Governor included money to raise the starting wage five thousand dollars.
That plan would effect 100 teachers in nine districts.
A group of democrats say that's not enough.
Senator Joan Heckaman says she plans to amend the K-12 funding bill when it comes to the Senate floor later this week.
The amendment would make the average starting wage of $32,000 be the minimum starting teacher salary for all teachers.
Heckaman's previous attempts to change the bill have failed.
Sen. Joan Heckaman, a democrat from New Rockford, says,"We have top notch teachers coming out of our colleges and universities other state's covert them. Lets keep them here. These trained individuals are leaving for states with higher salaries, increased benefits and better retirement."
Increasing the starting wage for teachers to $32,000 would effect 2400 teachers.
The increase over the Governor's proposal is estimated to cost $4.7 million
Bill Passes to Protect Gun Rights During Emergencies
Bismarck, ND -
Governor Jack Dalrymple will decide if he should join other states in banning Governor's from regulating guns during natural disasters.
The North Dakota legislature passed a bill that eliminates the governor, state agency or any political subdivision from prohibiting gun possession during a declared emergency.
The bill also protects citizens from the confiscation of their firearms during a disaster.
It's in response to what happened in New Orleans following hurricane Katrina.
Many residents armed themselves to protect their lives and property and the local police department decided only law enforcement could have guns.
Republican Sen. Spencer Berry of Fargo says, "Law enforcement and National Guard troops were sent door to door to take firearms away from hurricane survivors protecting themselves from looters and thugs who ruled the streets. Legislative bodies can and should act to protect the self defense of citizens at the times when those rights are most important.
Senator Berry says looting did occur in North Dakota during the 2009 and 2011 floods.
Congress and 30 states passed bills prohibiting state and local governments from confiscating firearms during natural disasters.
House bill 1467 now goes to the Governor.
River Rapid Deployment Gauges
The North Dakota Water Commission is installing gauges along the Mouse and Des Lacs rivers in northern North Dakota to help monitor possible flooding.
Three of the rapid deployment gauges were placed this past week along the Mouse River in Minot, Burlington and west of Mohall.
Two gauges are set to be deployed along the Des Lacs River within a week.
The two rivers are expected to exceed flood stage in many rural areas this spring.
Brad Sether of the U.S. Geological Survey Water Science Center in Bismarck says the gauges have satellite technology that provides flood forecasters with up-to-date information.
Current water releases out of Canada total 1470 cfs and those releases are expected to increase on Monday.
Lake Darling Dam releases are holding at 800 cfs.
Senate Acts on Drug and Alcohol Bills
The North Dakota Senate acted on two pieces of legislation dealing with drugs and alcohol.
Senators approved House Bill 1133 which covers all variations of synthetic drugs.
The bill seeks to close a loop hole in tackling the synthetic drug problem.
The bill bans substances or chemicals that cause similar effects to drugs already considered illegal.
This covers any new synthetic drugs that are manufactured and not listed as controlled substances in current law.
The bill returns to the House for its consideration because the Senate made some changes to the legislation
River Level Update
Canadian dams continue to increase the discharge of water in advance of what's-termed an above average snowmelt this spring.
Rafferty Dam is now releasing 567 cubic feet per second, while Alameda is putting out 453 CFS.
That's the highest total output of the spring at 1,020 CFS.
Meanwhile, the latest information from the Corps of Engineers is that Lake Darling Dam is discharging 800 CFS.
Water managers say they have to be careful about releasing too much water into a river bed that is still mainly frozen for fear of creating ice jams and sudden rises in the river level.
Rig Collapses Near Killdeer
An oil drilling rig collapseS this morning near Killdeer...
Early reports from authorities indicate that no one was injured in the accident.
No official statements have been released at this time as to what caused the failure.
An investigation as to what happened is underway at this time.
This is the second time in recent months that a collapse of this nature has happened.
We'll have more details on the incident as they become available.
Verifying Water Flow on Mouse River
The slow increase in water flow continues along the Mouse River, even before any significant snow melt occurs.
This morning, releases at Lake Darling Dam at the
Upper Souris National Wildlife Refuge were pushed up to 800 cubic feet per second.
That's only slightly below the releases now reported from Canadian dams on the river - Rafferty and Alameda dams are allowing a total of about 850 cfs through their gates.
All three reservoirs are below the levels required in the 1989 international agreement that governs river management.
The water releases this spring are being done to make room for snow melt in the system from a snow pack that's rated as above normal.
But those releases can be tricky when the river channel is frozen downstream of the dam.
Officials say they are increasing water flow slowly to avoid causing rapid ice breakup and potential flooding from ice jams.
They say right now the ice is showing signs of pressure ridges as the water rushes past under the ice - and that's what they like to see.
At Baker Bridge - just downstream of Lake Darling Dam - a scientist with the US Geological Survey was measuring the exact flow of the Mouse River this morning, when releases from the dam were at 700 CFS.
The chart on the National Weather Service website says based on the river level at that gage, the flow is about 11-hundred CFS.
Brent Hanson says the actual flow this morning was quite a bit lower than that.
(Brent Hanson, US Geological Survey) "Currently going through here is right around 650 CFS. Due to the ice conditions it's difficult to accurately estimate without current readings. The shore ice and other things downstream is currently backing up the water. Our river is currently not as efficient."
He says his readings show the Lake Darling Dam is releasing about what operators figured it was.
And again, the Lake Darling releases are at about 800 CFS as of today.
After More Than 60 Years Veteran Receives Medals
It took more than 60 years to get, but today a North Dakota veteran is awarded a host of medals he earned while serving during WWII.
This afternoon Senator John Hoeven presents World War Two Veteran Donald Diederich with a handful of awards including a bronze star, victory medal, good conduct medal and an honorable service label button.
Diederich says receiving the medals brings back many memories of the war.
"It's beyond words you know I just couldn't believe it that I was going to get such a reception here for these medals, when I found out I had the medals, I always figured they'd send them but I never got them, but then I just kind of forgot about it you know," Donald Diederich said.
Diederich who is almost 90 years-old served in the U.S. army from April 1943 until January 1946.
Governor Signs Abortion Bills Into Law
North Dakota now has the strictest abortion laws in the nation.
Governor Jack Dalrymple has signed three bills approved by the legislature.
The two furthest reaching bills ban abortion if a fetal heartbeat is detected, something that can happen as early as six weeks into a pregnancy.
The Governor also signed into law another measure that makes North Dakota the first state to ban abortions based on genetic defects such as Down Syndrome or based on the sex of the baby.
Donnell Preskey has reaction from the state Capitol to this landmark legislation now law...
(Donnell Preskey) Governor Dalrymple declined an interview to tell North Dakotan's his reasoning for signing into law landmark legislation relating to abortion. However there are plenty of lawmakers who are willing to reflect on the Governor's actions.
(Rep. Kylie Oversen / (D) Grand Forks) "A lot of disappointment signed all three."
(Rep. Bette Grande / (R) Fargo) "It's a great day for the babies of North Dakota."
(Rep. Kathy Hawken / (R) Fargo) "I was hopeful he would veto them and extremely disappointed he didn't. They are unconstitutional."
The emotion over North Dakota's abortion laws continues.
Representative Kathy Hawken says the news of the Governor's approval brought her to tears..
(Hawken) "I heard from so many women, unbelievable stories, I feel let down. I feel let down, because I didn't do a good enough job for those women who were counting on us to make a difference."
(Sen. Connie Triplett / (D) Grand Forks) "There are a good number of us who believe women and doctors can make these choices for themselves."
(Oversen) "I never imagined, once elected, I would come here to defend my rights and privacy in healthcare."
Supporters say they expected Dalrymple to sign the bills.
(Sen. Spencer Berry / (R) Fargo) "I feel as a society, if we devalue life at any stage of development it has a societal impact to devalue life at every stage of development."
(Grande) "He has stated these bills are very clear, they are about life."
The mixed reviews of the Governor's actions follow months of testimony and emotional debate.
With Dalrymple's signature on the three bills, North Dakota has the strictest abortion laws in the nation.
(Triplett) "Our young people are embarrassed on what's going on, when trying to diversify economy and lifestyles, this is a huge backward step."
(Grande) "we are showing the citizens in the nation and the world that ND believes in life of the unborn child and believes the heartbeat is life."
In a statement to lawmakers, Dalrymple says the legislature should set aside funds to pay the legal bill if the bills are challenged in federal court.
(Grande) "I don't look at as a challenge, I look at it as compliance to what the courts have asked the states to do, to look at this issue."
However Governor Dalrymple in his statement says the likelihood of the fetal heartbeat bill surviving a court challenge remains in question. He says the bill is a legitimate attempt by a state legislature to discover the boundaries of Roe v Wade.
(Berry) "I'm sure he was trying to look at what is in the best interest of this state and looking down the road to generations in how we view life."
North Dakota Accomplishing What Hasn't Been Done Since 1976
Another first for North Dakota: Not since 1976 has a refinery been built in the U.S. However, in just 20 months, construction of a new refinery will be complete.
What hasn't been done in nearly 40 years is about to happen in Dickinson, North Dakota -- a new refinery will make history. Not only hasn't it been done in decades, North Dakota was told it couldn't be done. "I can't tell you the number of people, when you say, 'we're going to build refineries in North Dakota,' who tell me, 'it can't get done. Nope, you're not.' And I'm always struck, because that is never the first reaction of a North Dakotan," says U.S. Senator Heidi Heitkamp (D) North Dakota.
But against the odds -- in just over a year -- the new diesel refinery went from a mere idea to groundbreaking. Upon completion in about 20 months, the Dakota Prairie Refinery will process 20,000 barrels per day of Bakken crude oil. Currently, North Dakota imports over half its current diesel fuel needs, which is more than 53,000 barrels per day.
"Nearly $300 million dollar investment allows us to use our own Bakken crude, right here in the State of North Dakota, but it also is going to produce a huge amount of diesel fuel that our farmers and our truckers are going to be able to take advantage of," says Governor Jack Dalrymple (R) North Dakota.
The refinery will employ 100 people full-time, but officials say the facility will have a much greater employment impact. "There's four more jobs for every job at that refinery that your community really benefits from and that's the multiplier effect of a refinery," says Gaylon Baker, Executive Vice President, Stark Development Corporation.
What does North Dakota have that other resource-rich States like California lack? "I think in California, you look at things and say, 'well that can never happen,' or 'that would be bad,' instead of saying, 'what part of this really could work?'. . .This is going to be state of the art, best-available control technologies on this plant; meaning, that it is as green as a refinery can be and it just represents what we need to more of in America," says Heitkamp.
"It's never been so cool to be from North Dakota as it is right now," says U.S. Representative Kevin Cramer (R) North Dakota.
The Dakota Prairie Refinery in Dickinson is a joint venture between MDU Resources Group and Calumet, a refinery operator.
Senate Defeats Bottle Rocket Bill
An attempt to repeal a law banning the sale of bottle rockets in North Dakota has failed.
The North Dakota Senate defeated the bill this afternoon.
The legislature banned bottle rockets in 2009.
However it is still ok to get them elsewhere and set them off in the state.
The House approved the measure earlier this session.
Senator George Sinner says there's a reason bottle rockets should be restricted in the state.
His nephew lost eyesight in one eye from a bottle rocket incident.
Sen. George Sinner / (R) Fargo: "My friends this bill is not about liberty. This bill is a bill for the fireworks industry to sell more stuff.">>
The legislature did pass a different fireworks related bill that allows fireworks to be sold between December 26 and January 1st.
Sales Tax Income Down
February brought a second straight month of a major fall-off in sales tax collections in Minot.
Sales tax revenue was down 38 percent again last month.
Minot City Finance Director Cindy Hemphill says if sales continue on this trend, changes may need to be made to this year's budget.
Hemphill says the reason for the lower numbers cannot be pin pointed.
Flood recovery investments have slowed from last year, but she says building permits are still up.
She says another possible cause could be a slower pace in the oil fields --- she's expecting a change in that area in April when the weather changes and load restrictions are removed.
She says that if the sales tax revenue trend does not turn around by May, the city will take action reviewing the budget.
(Cindy Hemphill, Minot City Finance Director) "If it continues on this trend, I will have to be making some suggestions on some changes to the budget, because sales tax does go towards a lot of different things, especially capitol infrastructure and if we don't meet our budget then funds aren't available."
It's not all bad news.
Hemphill says that compared to 2011, the 2012 budget was up nearly 40 percent by the end of the year.
She says hat huge one-year increase caused the city to be conservative when writing the 2013 budget.
(Cindy Hemphill, Minot City Finance Director) "I'm not anticipating that we will get to the same level that we were last year. And when we put the 2013 budget together, we only estimated maybe a one percent increase over last year. So from a budget stand point, we may not be too far off but it will have to come up from the 38 percent down to meet that. So we'll see how it levels out here."
Hemphill says she's been in contact with the state and she's watching sales tax revenue numbers closely --- but will wait until May before reviewing budget changes.
Abortion Bills - What Happens Next
Some of the very controversial abortion bills are now in Governor Jack Dalrymple's hands.
A spokesperson for the Governor says he will review the three abortion related bills carefully.
Donnell Preskey has more on what happens next.
North Dakota lawmakers have passed the strictest abortion laws in the nation.
Monday the bills were hand delivered to the Governor's office.
The fate of those bills now lies with Governor Jack Dalrymple.
Sen. Rich Wardner / (R) Dickinson: "I'm sure he's working on them. He's known about them for some time, I'm sure he knows what he's going to do."
Donnell Preskey: Governor Dalrymple has five days to sign the bills into law or until Thursday to veto them. Even with a veto the bills aren't dead.
Wardner: "The House and Senate can override the Governor's veto with a 2/3 vote in both chambers."
House Bill 1305 prohibits abortion based on gender or genetic abnormalities.
House Bill 1456 prohibits abortions if a heartbeat is detected.
And Senate Bill 2305 says a physician conducting an abortion must have hospital admitting privileges.
Of the other bills that were passed, Senate Concurrent Resolution 4006 is a constitutional measure that if approved by voters will protect every human being in every stage, banning all abortions.
That measure has been delivered to the Secretary of State's office.
Senate Bill 2368 returns to the Senate after the House made changes to the bill.
Sen. David Hogue / (R) Minot: "Relating to restrictions on being able to contract with an entity that as part of their mission recommends, performs or counsel's on abortions."
Wardner says the bills be constitutionally challenged if they are signed.
Making this not only a moral decision but a financial one.
Wardner: "Some things are going to weigh heavy on you. It's not easy being a servant of the people and that's what we are."
Burlington Mayor Concerned About Flooding
The Corps of Engineers has decided to raise the release rate at Lake Darling Dam again.
Flows through the dam were increased to 600 cubic feet per second today.
Officials say the higher flows will greatly diminish ice quality along the Mouse River.
The releases are being done to make more space in reservoirs for the impending spring snow melt that is expected to be above normal this year.
The forecast for an increased chance of flooding along the Mouse and Des Lacs Rivers has put Burlington officials on high alert.
Burlington Mayor Jerome Gruenberg says city engineers and others will be keeping close tabs on the
spring melt on the two rivers that meet on the edge of his town.
Gruenberg says the two rivers are vastly different in how they deliver water to Burlington.
The Mouse River drops about one foot per mile of travel, while the Des Lacs falls three feet per mile.
And while there are dams along the Mouse to control it's flow, there is no control over how the snow melting off the hills of the Des Lacs Valley will rush into town.
(Jerome Gruenberg, Burlington Mayor) "When that Des Lacs comes down, that river is probably the most violent in North Dakota. It comes hard and it comes fast. And historically it's pushed the Souris out of it's banks so it needs to be watched."
Gruenberg says the city's purchase and removal of a dozen-or-so homes near the river will make it easier to build protection against flooding, if it comes to that this year. Meanwhile, he says he will continue to press for some sort of control structures on the Des Lacs River to protect Burlington and diminish the impact the Des Lacs has on the Mouse River in high water years.
(Jerome Gruenberg, Burlington Mayor) "I've asked the Corps on a number of occasions to at least get a water study done to see what can be done to control the Des Lacs. And every year when there's high water the Corps says yeah yeah yeah we'll do that but as soon as the water's gone so is the Corps. And I'm probably going to get in trouble for saying that but it's true."
The mayor says he's confident the town can withstand this year's spring melt, as long as the spring doesn't bring big rainfall the way it did in 2011 when May and June rains pushed the rivers to record levels.
ND Voters to Decide Abortion Issue
Lawmakers decide North Dakota voters should decide if the state should protect life at conception.
That measure was among the three bills the House passed this afternoon.
Representatives also passed legislation to require doctors performing abortions to have hospital admitting privileges, a bill geared at closing the state's only abortion clinic.
They also approved legislation that would outlaw abortions after 20 weeks of pregnancy.
However, the chamber was split on how to move forward on a pair of "personhood" measures.
Donnell Preskey brings us the latest from the capitol.
The North Dakota Legislature has taken a strong stand on abortion. Together the House and Senate have passed five abortion related laws. But today the emotional debate centered around when life begins."
(prayer)
A routine start to North Dakota Representatives day of voting.
(prayer)
On a very controversial, personal and emotional issue.
(prayer)
A pair of bills would essentially ban abortion by defining human life as beginning at conception.
(Rep. Naomi Muscha / (D) Enderlin) "These are not easy decisions for any of us to make, but I can live with my convictions."
(Rep. Kylie Oversen / (D) Grand Forks) "How can we with a clear conscious pass such dangerous legislation?"
(Carlson) "Either your for life or against it. But don't politicize it."
Opponents of the person hood bill share concerns over how it will effect in vitro fertilization.
(Rep. Dwight Kiefert / (R) Valley City) "We have to stop and think, we were all once embryos. A red vote remains as are, Dr.'s have the right to dispose of unused embryos in trash or toilet."
(Rep. Richard Anderson / (R) Willow City) "I feel if pass this bill, it will make it more difficult to have kids in life."
(Muscha) "I know many people are saying this will be fine. This isn't going to stop anything in Fargo. I question if we are knowledgeable to make that call."
Representatives defeated the personhood bill but passed a resolution allowing North Dakotan's to vote on the issue.
(Kasper) "Let people of ND vote on what constitution should say and when to protect life and at what stage."
The biggest hurdle for these bills may not be at the North Dakota State Capitol... But in federal court.
Opponents say several of the abortion related bills face court challenges, which could cost tens of thousands of dollars.
Last week the Senate passed two abortion bills.
One bans abortion for sex selection and for gender abnormalities.
The other outlaws abortion if a heartbeat is detected.
So what happens next?
The House made changes to Senate bill 2368, which bans abortions after 20 weeks, so it will return to the Senate.
Legislative leaders say they more than likely will forward all the bills to Governor Jack Dalrymple at the same time.
It's up to the Governor to sign the bills into law or chose to veto them.
Letter Carriers Rally Outside Bismarck Post Office
50 letter carriers deliver a message to congress this afternoon in Bismarck, and their message is clear.
Six-day mail delivery is important to many North Dakotans.
Earlier this week, Congress passed a continuing resolution to protect Saturday delivery through September 30.
But the Postmaster General still plans to end it in August.
Scott Boehm says in addition to eliminating more than 22,000 jobs, it will also hurt American business, increase delivery costs, and delay the mail even more.
He says the Postal Service does not need to cut services.
Instead, they should develop innovative ideas to move forward.
<<"E-commerce is huge right now. There's a ton of people ordering things off the internet. And we're delivering these packages at a higher rate. We actually have our competitors bringing parcels to the Postal Service because we go to every address. We go to every mailbox to deliver them. And it's more cost-effective for the postal service to deliver those packages then it is our competitors," says Scott Boehm, President of the Bismarck National Association of Letter Carriers.>>
Rallies were held in every state at post office's across the nation.
Today's rally in Bismarck was the only one held in North Dakota.
New Outlook Increases Flood Chances
The chances for flooding in the region have risen in the past two weeks.
That's the conclusion of the National Weather Service, which issued its new flood outlook today.
The Mouse River through Minot has been awakening from its winter slumber in recent days.
Water is pouring over coffer dams and open areas are showing up in the river ice.
That's because the gates at Lake Darling Dam have been opened - sending more than 450 cubic feet per second of water toward Minot and the rest of the river.
Water managers are moving water early this year based on Hydrologist Allen Schlag's latest estimate.
He says the persistent wet weather over the entire river basin has increased the snow pack and caused a higher probability of flooding this spring.
In the latest hydrologic outlook issued Thursday, the National Weather Service hydrologist increased the chances for high water.
Here are the percentage chances that the Mouse River will hit moderate flood stage at various locations.
At Foxholm, it's 27%. At the Boy Scout Bridge, it's 14%. In Minot, it's 8%. In Logan, 14%. Sawyer's chance of hitting moderate flood stage is 27%. It's less than 5% at Velva. But at Towner and Bantry, moderate flooding is a near certainty - put at over 95%. And the number is 80% at Westhope.
Other rivers also have increased chances of hitting flood stage. The chance of moderate flooding along the Des Lacs River is now put at 13% for Foxholm.
There's a 70% chance Willow Creek will hit moderate flood stage, and under a 5% chance of that level for the Wintering River at Karlsruhe.
For people in Minot and Velva, the presence of large levees decreases the probability of flooding in town. But Schlag says rural areas that are unprotected by levees may be dealing with water going over the banks of the rivers.
He says one of the most troublesome issues is the lack of thawing weather so far.
Schlag traveled to Minot Wednesday and noted that the snow still looked like "middle of winter" snow, with little of the signs he'd expect by now of deterioration of the snow. That could lead to a sudden melting of a lot of snow in a warm spell, causing overland flooding and sending a high volume of the snow melt into the river system.
As for the dams built to provide flood protection, Corps of Engineers Colonel Michael Price said this week reservoir levels are already below what's required in the international river management manual.
And he said they could go lower to if needed. He also noted that in the record flood year of 2011, the dams handled the snow melt without a problem.
(Col. Michael Price, US Army Corps of Engineers) "In 2011 the operating plan accounted for the snowmelt. It wasn't until all the rains in June that we started having all the problems. But the operating plan we did in Minot and all the other communities the operating plan accounted for the snowmelt."
The Corps of Engineers is taking over management of the US side of the Mouse River because this year is now considered what's called a "one in ten" year for runoff in the system. And water managers are warning that he chances for at least minor flooding are increasing with every snowstorm and cold day in the region. Jim Olson, KX News.
Another flood outlook from the National Weather Service is due to be released in two weeks.
House Defeats Measure to Lower Oil Taxes
A proposal to lower tax rates for oil companies has been defeated in the North Dakota House.
The bill came out of the Tax and Finance Committee with a do not pass recommendation.
The bill was intended to lower the oil extraction tax.
In exchange, the bill would have cut the exemption for so called stripper wells and eliminate price triggers that would lessen state taxes for companies if the price of oil falls below a certain level.
Sponsor, Senator Dwight Cook says the purpose was to bring tax certainty to the oil industry and the state.
However Democrats blasted the measure saying it would cost North Dakotan's more than $1.3 billion in the first five years.
"Our committee believes a solution and revision of this policy must be revenue neutral, it must continue to serve the long term best interests of our citizens. We understand the longer term vitality of the oil industry is essential to ND's future," says Representative Craig Headland of Montpelier.
Headland says the committee was unable to come to a consensus on the measure.
The vote was 87-6 to kill the bill.
Republican Lawmakers Defend Abortion Bills
The North Dakota House is expected to take up four abortion related bills Friday -- and since there has been a lot of speculation on the bills, lawmakers who back the bills respond to a very public effort to defeat the proposed legislation.
A group of Republican legislators wants to clear the air before their bills hit the House Floor. They say their main concern is how Senate Bill 2303 has been twisted regarding in vitro fertilization. "All of those things are protected in this bill -- the disposal or destruction of a fertilized human ovium, zygote or embryo created through in vitro fertilization, which has been subject to medical testing and analysis, and in reasonable judgment of a medical professional can be destroyed," says Representative Dan Ruby (R) Minot. "This wonderful technology of in vitro fertilization, which has been such a wonderful thing for so many people, and that's one of the reasons why we want to make sure that we include the opportunity for that to continue," says Senator Spencer Berry, M.D. (R) Fargo.
Bill supporters are also making clear contraception, as well as difficult pregnancies, do not fall within the bill's restrictions: "It is meant in every way to protect our women, who are undergoing difficult pregnancies. . . . And when we're talking about the contraception, that includes Plan B," says Senator Margaret Sitte (R) Bismarck.
Opponents have raised concerns that medical providers could be prosecuted for selective reduction after multiple implants -- or for the "dropped petri dish" scenario. While lawmakers acknowledge there is potential for prosecution when it comes to selective reduction of a fertilized egg, the risk for prosecution is low. "We're dealing with just a few cells -- yes, it is a human being, but I think that most prosecutors would have a very difficult time saying this is a body and we've heard this whole idea of the dropped glass petri dish. I can't imagine that a prosecutor that would want to take that case or even consider going there against a doctor, who in good will, had an accident," says Senator Sitte.
"This is about promotion of healthy families and the preservation of life, and the protection of life and the promotion of a culture of life," says Senator Joe Miller (R) Park River.
KX News has been told by Legislative leaders that the remainder of the bills pertaining to abortion will be voted on Friday in the House.
Governor Talks Snow Pack
Governor Jack Dalrymple convened a meeting of river managers and weather forecasters today, trying to get everyone on both sides of the border on the same page regarding this year's flood outlook.
Jim Olson reports on the meeting.
(Curt Zimbelman, Minot Mayor) "I'm nervous..."
That's how Minot Mayor Curt Zimbelman described his mood - and the mood of many people in Minot wondering about the potential for flooding this year. But the figures released by water managers from Saskatchewan and North Dakota indicate it's not so much a concern in the city of Minot, where levees offer more protection.
(Alan Schlag, National Weather Service Hydrologist)
Schlag produces the bi-weekly flood outlooks for North Dakota. His counterpart in Saskatchewan told the group that the concern there is not so much the snowpack above the Rafferty and Alameda Dams, as it is with the area downstream of the dams where the river leaves the province and heads into the US. Another concern for this spring is the late arrival of warm weather. Schlag says that can cause rapid runoff and create overland flooding not related to the river itself.
(Alan Schlag, National Weather Service Hydrologist)
As for the state of the Canadian dams in preparing for the spring, Saskatchewan officials report that the reservoirs are where they need to be to handle to expected runoff. About 400 CFS of water is currently being released from the Canadian dams. At Lake Darling, the new, higher releases have dropped the level of the reservoir below it's spring operating level, making room for more water and the gates were opened this week to release 450 CFS. Even with all of the early maneuvers to diminish the flood potential, Mayor Zimbelman told the governor he's still uneasy.
(Curt Zimbelman, Minot Mayor) "I'm nervous..."
Jim Olson, KX News.
The National Weather Service will be issuing it's newest flood outlook tomorrow.
First Day of Spring
It might not feel like it, but today is the first day of spring.
Compared to last year's high of 57 degrees in Bismarck, today was a little cooler only 26.
There are still ice chunks floating down the Missouri River in Bismarck on the first day of Spring.
It might be a chilly start to the season, but it could be worse.
"We've seen much colder in North Dakota on the first day of spring, but certainly one of the colder ones," Joshua Scheck said.
The Saint Mary's Track team isn't minding the cooler start to the season.
"I'm not wearing a headband today I don't even need to wear gloves it's great," Runner Juliana Keller said.
With the bright sun, these runners are staying plenty warm.
"You know when we get going and the sun is out it's really, it's a gorgeous day right guys," Coach Gregory Crane said.
An interesting tidbit about the first day of spring, your shadow is half the length of what it is the first day of winter, and twice the length of what it is the first day of summer.
"The sun angle changes with the season, so we see our highest sun angle at noon on the first day of summer, and our lowest sun angle on noon on the first day of winter," Scheck said.
While many people are anxiously awaiting for the temperatures to feel more "spring" like, businesses are also looking forward to warmer days..
The sooner it warms up, the sooner Plant Perfect can start selling annuals.
"Mostly once we get into mid April, but if the weather breaks we start warming up, our nursery stock we'll start taking that out of storage as early as April first if we can," Hollatz said.
In the meantime, these runners will continue to train in whatever temperatures spring their way.
"It's fantastic, it's beautiful outside, great day for a run," Crane said.
Joshua Scheck with the National Weather Service says we could see some slight warm ups, but the cold air could stick around for the next couple weeks.
DPI Opposes Guns in Schools Bill
The Senate will now decide if guns should be allowed in churches, schools and at public gatherings.
The House passed out numerous bills expanding where concealed weapon permit holders can carry guns.
The Senate Judiciary committee took up numerous bills today.
The debate is similar to what's taking place across the nation regarding gun rights, gun control and safety issues.
Most North Dakota schools can't afford to staff an officer. So Representative Dwight Kiefert proposes allowing other staff, teachers or volunteers who have concealed weapons permits to pack heat to protect a school.
Rep. Dwight Kiefert says he has received numerous emails from parents. "They say they can protect their kids at home but not at school." House Bill 1215 allows school boards to decide if someone inside the school can carry a gun, and who that person should be.
Representative Kiefert says other states are taking up similar action following the Sandy Hook shooting.
"The state of Michigan isn't waiting for the legislature, they are deputizing teachers."
"It makes me nervous," says Troy Schuchard.
Schuchard teaches in Glen Ullin, he's also a concealed weapon permit holder... But mixing the two, he's not too sure about, unless teachers were given law enforcement training.
Superintendent of Public Instruction, Kirsten Baesler, says "school administrators don't want job of managing who has a gun they don't want this."
The Department of Public Instruction took a neutral position on this bill during it's first hearing.
Now the agency opposes the bill.
"Don't be reactive, listen to what schools and parents are saying," says Baesler.
Bill supporters and opponents do agree, the best security option is to hire officers.
However, Kiefert says that could cost the state $75 million for all K-12 schools.
The Senate Judiciary Committee also heard other concealed weapons related bills.
House bill 1283 would allow concealed weapons permit holders to bring their guns in churches with approval.
House Bill 1241 allows concealed guns in places that sell lottery tickets like grocery stores and gas stations.
House Bill 1366 is the broadest proposal, it would allow concealed weapons at public gatherings without permission.
ND Attorney General Tells Lawmakers to Kill Gun Rights Bill
Attorney General Wayne Stenehjem says a gun rights bill needs to be killed.
Stenehjem along with law enforcement from across the state are opposing House Bill 1183.
The bill forbids state and local law enforcement from providing aid or assistance to the federal government for the enforcement, prosecution or investigation of any new federal firearm laws.
Those opposed to the bill say it will jeopardize the relationship between local and federal officers.
Bill sponsors say the bill seeks to protect gun owners in North Dakota from federal gun bans.
Representative Bette Grande of Fargo says, "to tell our citizens what guns to own and how many bullets they need is this where we want to be going? I disagree with that. The people of ND have the right to bear arms whether we act or not. But we as legislators and law enforcement upholding our oath and if we fail to protect our citizens have we done our jobs?"
"It appears to me that maybe this is ND's version of overreacting and I encourage you to consider the wisdom of enacting this kind of legislation. There have been no federal legislation enacted that make this legislation mean anything," says Stenehjem.
Stenehjem says he will fight the federal government if a law is enacted that violates North Dakotan's constitutional rights.
Eighth Rabies Case in North Dakota
A Bismarck skunk causes a problem -- but not the kind you think.
Bismarck Police Department says a skunk was found inside a Bismarck Expressway business. Workers there had to kill the animal.
"There was a skunk in the Bismarck area that did expose an individual to possible rabies. The skunk was able to be tested for rabies and it ended up being positive. So that individual is being treated by his health care provider," says Alicia Lepp, Epidemiologist, North Dakota Department of Health.
So far this year, eight animals in North Dakota have tested positive for rabies -- five were skunks. This time last year, 31 animals tested positive. The North Dakota Department of Health says this year's numbers are considered normal.
If you are bitten or exposed, the Health Department says to seek medical attention immediately. You should also vaccinate pets.
Murder Suspect Caught
Authorities have arrested the man suspected of killing another man in downtown Williston over the weekend.
46-year-old Jonathan Peter Horvath fled Williston after allegedly shooting and killing 28-year-old Derrick Spiegel of Williston early Saturday morning.
Arrest warrants were issued for Horvath by the Williston Police Department.
Yellowstone County law enforcement received a tip that Horvath was in a trailer home in Billings, Montana.
After questioning the occupant, authorities determined the suspect was not in the home but believed he would return shortly.
Just before 1 p.m. today, they received a call that he had returned.
Authorities began searching the area on foot and Horvath was spotted running in a field and was arrested after a short foot pursuit at around 1:15 p.m.
Horvath recently moved to the Williston area from Sandpoint, Idaho.
The details are not yet available as to what lead up to the murder.
School Security Proposal in Legislature
Lawmakers say the state has some responsibility in making sure schools have good security.
A proposal offers grants to schools to use for security measures.
The bill is for $10 million.
Interested schools would have to match the $25,000 grant.
Senator Lonnie Laffen says the bill will greatly benefit numerous schools in North Dakota built over 100 years ago that have more than a dozen entry points.
Senator Tim Flakoll says he's seen how the security measures work, camera's helped officers nab a gunman after he escaped Flakoll's workplace.
"He escaped out of the building and fled. But because we had cameras we could distribute his picture to law enforcement and it helped us determine which way he went," says Flakoll.
Senator Laffen says, "One of the primary safety concerns is limiting entry to one area. This single point access should be monitored by a live person usually a front administrative staff, or someone monitoring cameras. These changes often require panic devices at all doors."
The grants can only be given if the state's ending fund balance on June 2014 is more than $30 million.
Williston Gun Shot Murder Update
A Saturday morning gun shot in downtown Williston claimed the life of 28-year-old Derrick Siegel of Williston.
Williston Police Department officers arrived on scene around 1 a.m. Saturday and found Spiegel with a gun shot wound in the street.
He was transported to Mercy Hospital where he later died as a result of his injuries.
Arrest warrants have been issued for 46-year-old Jonathan Peter Horvath --- Detective Cory Collings says he is the alleged suspect wanted for Reckless Endangerment and Murder.
Horvath fled northbound on foot and is still at large.
He is described as a white male with brown hair, green eyes, 5'9" and 170 pounds.
Horvath has a noticeable tattoo of a spider and web on the left side of his neck.
He recently moved to the Williston area from Sandpoint, Idaho.
Authorities believe he has left the Western North Dakota area.
The only photo available to law enforcement - shown here - is approximately eight-years-old.
The investigation will continue.
Man Camp Stabbing
A second murder took place in Williams County early Sunday morning.
Williams County authorities say they've arrested a man in connection with the stabbing death of another man at an oil crew camp.
The Williams County Sheriff's Office says it responded at about 4 a.m. Sunday to a report of a stabbing at the Capitol Lodge man camp east of Ray.
Authorities say the victim, 32-year-old Christopher King, was transported by private vehicle to the Tioga Medical Center, where he was pronounced dead.
The suspect was apprehended at the Tioga hospital.
Charges have not been filed.
Police say both the victim and the suspect are from Michigan.
No further details were available.
Home Depot Planning on Minot Store
National home improvement retailer 'The Home Depot' is planning on moving into the Minot market.
Paperwork filed with the City of Minot to be reviewed at this month's planning commission meeting
indicates the chain is working toward bringing a location to the former KXMC site -- just north of Minot Chrysler and Toyota Center.
This land for development is now known as Broadway Center.
Company officials would not comment today so details are scarce now, but documents filed with the city call for an opening in 2014.
We'll have more on the proposed addition of 'The Home Depot' to south Minot later this week in Business Beat on Thursday.
Higher Education Board Discusses Allegations Against Chancellor
This afternoon the State Board of Higher Education meets to discuss allegations brought forward by a student representative against Chancellor Hamid Shirvani.
A packet was put together outlining nine allegations against the Chancellor.
Today the board discusses those allegations to see if there was any wrong doing.
Chancellor Ham Shirvani has been the center of controversy. The latest allegations are raised by student representative Sydney Hull.
Hull says the Board has not allowed Public Comments at State Board Meetings.
North Dakota University System General Counsel, Claire Holloway disagrees.
"My finding is there is no legal requirement for a public comment period, however the board typically does provide comment periods at their meetings," NDUS General Counsel, Claire Holloway said.
There also was an allegation that the passage of the Pathways to Student Success Plan violated board policy.
"There was an allegation that the thought of a vote taking place should've been more clearly stated on the agenda, that is not a requirement of the open meeting laws," Holloway said.
Hull also alleged that policy changes dealing with the Pathways to Student Success Plan were not appropriately noticed in the agenda.
"However I reviewed the agendas and they did announce that the policy would be introduced and that final action on them would be taken, even if that would not have been in the agenda it would not have been an illegal violation," Holloway said.
Holloway says there was no substantive wrongdoing in any of the allegations brought forward, words Chancellor Ham Shirvani is happy to hear.
"I am relieved because you know these are nothing more than political distraction or general distractions," Chancellor Hamid Shirvani said.
Shirvani says they need to be focusing on increasing graduation rates, admission standards and making sure student fees are kept low.
"Those are the issues that we should be focusing on, not about these kinds of personal attacks and their political or personal humiliation," Shirvani said.
So with these allegations aside, Chancellor Shirvani is happy to get back to work.
The board did approve the report that there was no wrong doing in the allegations.
However, Holloway intends to follow up with the Attorney General's Office to make sure their guidelines concerning Open Meeting laws are clear.
Bills Dealing with Tougher DUI Penalties Considered
One of the major policy changes lawmakers will make this session will be dealing with penalties and fines for driving drunk.
Two bills were drafted following two separate and horrifying fatal crashes last summer.
But as Donnell Preskey reports, there are concerns that come with strengthening the laws against one of the top crimes in the state.
"Our first step is strengthening DUI legislation and it's time for progressive change," says Arlene Deutscher whose son was killed in a DUI crash.
It's their third appearance before legislators this session... But Arlene and Tom Deutscher's message is still a strong and emotional one.
"Hit head on by drunk driver going wrong way," says Tom Deutscher whose son was killed by a drunk driver.
They along with Juan and Sandy Ruiz have been sharing their pain with lawmakers about the dark reality of drinking and driving.
"Woke up to pulling boys out from under truck after guy ran over tent," says Juan Ruiz whose sons were killed by a drunk driver.
Ruiz says North Dakota has some of the most lenient DUI laws.
He wants that changed and the Deutscher's are right there with them.
"Ask to support and strengthen 2240," says Tom Deutscher.
Deutscher is concerned with how the bill has changed.
Senator Kelly Armstrong, who is also an attorney, says Senators reworked the bill to lessen impacts on jails, judges and prosecutors.
"DUI's are #1 criminal trial, if place mandatory minimum sentences see that 2-3 times higher. Court systems not equipped for that," says Armstrong.
"Issues of jail space and cost are only obstacles," says Tom Deutscher.
The penalties were much higher in the original version of the bill.
And that's how Representative Ed Gruchella would like to see it return.
Water Providers Fight WAWS Expansion
Water - by the millions of gallons per day - is required to feed the region's oil boom, and to feed the needs of the people who live in the region.
That's where the Western Area Water Supply project has raced in to help.
In less than two years, WAWS has gone from an idea, to a project already delivering drinking water to thousands of people.
But the way the 2011 legislature financed WAWS - by selling bulk water to the oil industry - is rubbing some people the wrong way.
It has put the state in competition with private North Dakotans who've been selling water for years.
And those Independent Water Providers are asking the 2013 legislature to put the brakes on the industrial water sales portion of WAWS.
Jim Olson reports.
The water truck drivers pulling up to this water sales depot appreciate the speed and simplicity of the process.
"This is one of our main places..."
It takes barely 15 minutes for them to fill their tanks and head off to a nearby drilling rig to supply the water that will coax oil from the Bakken Shale.
"It's pretty easy!"
It's a service Terance Ortloff of Ross has been providing since 2005.
You're the water pioneer right now? (Terance Ortloff, IWP) "Yeah that's what they say."
(Mike Ames, IWP) "Started in the water business in northwest North Dakota in 1982."
Mike Ames has been in the water business a long time too - he's even served on the State Water Commission. Nowadays, his company runs 14 water sales depots in the Mon-Dak region including here in the Little Muddy area near 13 mile corner north of Williston.
(Mike Ames, IWP) "Within a small radius, there's ten independent water depots, individuals who've taken advantage of the market that's there."
Ames and the members of the Independent Water Providers say they fully support the idea of the state helping to bring potable water to communities and rural water systems in western North Dakota. They just don't think their tax dollars should be paying for their own competition in water sales.
(Mike Ames, IWP) "Everybody wants good water and we totally support that, have always supported rural water and water development as a whole. Our biggest concern in this whole process is that we would be restricted from doing what we've been doing over the last 30 years in developing water resources for the people of North Dakota."
That's why they're pushing Senate Bill 2359 - a bill that says WAWS cannot build any more than the 12 water depots already established in the area. The bill also says any future financing from the state should be in the form of grants - not loans that would have to be repaid through water sales.
(Mike Ames, IWP) "We're OK with them getting grant money as long as it is entirely used for rural and municipal development and none of it goes for industrial development to compete with us unfairly."
The Independent Water Providers plan to spend lots of time in Bismarck in the next few weeks, hoping to win the argument about how the delivery of water to the people of western North Dakota is financed. Jim Olson, KX News.
A House committee will hear arguments on Senate Bill 2359 Thursday.
It would limit WAWS industrial water sales and turn over management of the project to the State Water Commission.
The bill passed the Senate during the first half of the legislative session.
The "Boom" in Boomtown: Impact and Staying Power
Is the "boom" in Boom Town here to stay this time? Industry experts think so.
Spend a dollar here, create a buck-fifty there -- so says the North Dakota Petroleum Council. According to their new study, each dollar spent in-State by the oil and gas industry generates $1.59 in additional business activity. This translates to 30.4 billion dollars in economic impact resulting in 60,000 jobs statewide -- and that's just for 2011.
"I sit in my office in Watford City, North Dakota. I meet multi, multi-million dollar investors on a weekly basis. And they're trying to find out how real this is," says Gene Veeder, Director of McKenzie County Economic Development. North Dakota Petroleum Council President Ron Ness says, "the revenue is there. We're not just starting this Bakken play. We're six years into the Bakken in North Dakota. They can make long term investments."
When it comes to public infrastructure, investment is full steam ahead in the oil region. "As of right now, either completed since the oil boom or in activity, these few communities have completed $500 million worth of infrastructure work to accommodate the population growth," says Steve Burian, CEO of Advanced Engineering and Environmental Services, Inc.
Though growth is not without challenges, the Petroleum Council says their findings present a unique opportunity for North Dakota. "Having challenges and issues associated with growth and development are far better than trying to manage challenges associated with a contracting or stagnating economy," says Nancy Hodur, Assistant Research Professor at NDSU, Department of Agribusiness and Applied Economics.
One of the lingering challenges is housing. Projections show Watford City population will go from 1,500 to at least 8,000 people over the next several years. "We have not found a state solution for that. The solution is the jobs that are out there. Those people have jobs to fill those apartments and houses. That creates the economic model that creates the investment and gets those sticks going up," says Veeder.
The overall sentiment among these experts is that with proper management, this boom is going to last. Says Hodur, "it's here. It's real and it's going to stay."
The Petroleum Council study says the oil and gas industry generated $2.6 billion in State and local government revenue in 2011 alone. So they say the money is there to make the necessary investments to ensure North Dakota diversifies it's economy into the future.
More Seats by Summer, Says Bismarck Airport
Coming soon -- more seat capacity in and out of Bismarck Airport.
Airport management says Frontier Airlines has been profitable each month they've been in Bismarck. So much so, they're phasing in bigger airplanes.
"By June, all the E-190s should be gone -- June of this year -- and we'll have a 54% increase in our seat capacity on Frontier alone. . . . They were so successful in the Bismarck market, that they started service up in Minot, and then they returned service over to Fargo," says Greg Haug, Manager of Bismarck Airport.
Though Republic Airlines is reportedly trying to sell Frontier, airport management is hopeful Frontier will be purchased by investors who maintain service here. Bismarck might even see additional carriers in the future. Though there are no specifics at this time, the airport says they're "working on relationships with several carriers."
Drone Bill Gets Strong Opposition
Bismarck, ND -
The first ever arrest made with the assistance of a drone happened in North Dakota in 2012.
Legislators will decide this session if they should be one of the first states to regulate the use of drones.
Representative Rick Becker proposes a bill that requires a search warrant if a drone is used to do surveillance on a person.
But at a hearing today, he was the only person who spoke in favor of the bill.
Most of the opposition to the bill is over how the law could threaten the state's chances of becoming a FAA test site for UAS's.
Representative Curt Kreun of Grand Forks says the bill sends the wrong message to the FAA.
The FAA wants to study how manned and unmanned aircraft can co-mingle in airspace.
If North Dakota vying to be one of six sites for testing, training and maintaining unmanned aircraft.
The FAA is expected to make their selection by the end of the year.
"Negative publicity can hurt this application, it's very sensitive. FAA wants to test UAS integration in national airspace where it's embraced, not hindered. This bill could cost ND opportunity and jobs," says Kreun.
Associate Vice President for Intellectual Property Commercialization and Economic Development, Mike Moore, says "It limits our ability to fully use and it places a flag on our proposal where we are limited to how we can use UAS."
"It says under section three in the bill you do not need to obtain a search warrant for testing, training, research and so forth. As hard as I might I was not able to find how this could have an adverse consequence for UND or North Dakota," says Representative Rick Becker.
Those who oppose the bill say they would rather lawmakers study the idea for the next legislative session.
Two Options on the Table for Dealing with Higher Ed Issues
North Dakota's Higher Education system has been in the middle of countless controversies the last few years between school scandals, conflicts with University Presidents and displeasure with chancellors.
Today two House committees hear about two options for dealing with managing the University system.
Donnell Preskey has the story.
It's no secret, there are many lawmakers who want to change the way the department of Higher Education is managed.
Especially now when there is displeasure with Chancellor Hamid Shirvani.
Republican Rep. Al Carlson of Fargo says,"Presidents are told they aren't supposed to talk to us or speak at board meetings. Is that the type of governance that you would want for a $1 billion investment for the state of ND?" My answer is not."
Carlson, proposes a measure that would have the governor appoint a CEO of Higher Ed. The issue, if approved by lawmakers, would go on the next general election ballot.
"I would hope that we put this forward to voters, and let them have a chance to weigh in on what they see and hear," says Carlson.
"Something really needs to be done. We have the timing to do it and the people of ND know there's something wrong with the current system," says Republican Rep. Rick Becker of Bismarck.
Becker has a different twist to the idea -- have North Dakotan's elect a Director of the department.
"One of primary concerns I have is spending, not many restrictions if appointed. If you are elected by people and costs are soaring tuition is soaring, people are going to be unhappy," says Becker.
"Right now the buck doesn't stop with anyone, and if that person was elected or appointed that would change," says Dustin Gawrylow.
"Time for tough love and time to change the system so it's more directly accountable to people of ND," says Bismarck resident Shawn Johnson.
Johnson says if the elected official doesn't perform, they won't be re-elected and residents will have no one to blame but themselves.
"If current system really is the best system for us, then that will come out. But more importantly by having alternatives on ballot to debate, electors can make the decision. Shouldn't fear that debate," says Johnson.
The only one who spoke against the ideas was the University System Vice Chancellor. Laura Glatt says the board of Higher Education wants lawmakers to make sure any proposed change is evaluated and studied prior to it going before voters.
"Bottom line is are the distractions and uncertainty of the proposed reorganization, be in the best interest of ND stakeholders? We don't think so," says Glatt.
Lawmakers say both plans add accountability, remove the board of Higher Ed and allow the legislature to be involved in setting policies.
There are five constitutional measures that deal with changing how the University System is managed.
Those that are approved will go on the general election ballots for voters to decide.
Pride of Dakota
March is the time for North Dakota residents to show their pride in our areas resources.
With March being Pride of Dakota Month, the company is promoting their products across the state.
Since 1985, Pride of Dakota has been a successful marketing program through the department of agriculture.
Pride of Dakota products range from chocolate chip oatmeal cookie mix, to zesty barbeque sauces.
The company gives North Dakota producers a way to kick off their business and start selling their homemade recipes.
Pride of Dakota ranges from catering to small companies looking to get their products out around the holiday season, to larger companies wanting to sell their products year-round.
(Dana Pritschet, Marketing Specialist for Pride of Dakota) "Pride of Dakota is such a great program for businesses of any size. The small people just looking to maybe add a couple extra bucks around Christmas time, to those large companies because with our Pride of Dakota logo and label, we can really reach the people."
Pride of Dakota products are sold at "Home Sweet Home" in Minot.
To become a member or find out more about the program, visit www.prideofdakota.com
Williston Check Fraud
An increasingly large problem for law enforcement of Williston comes from a small piece of paper.
Check fraud is a growing concern and police are warning citizens to be more cautious.
Law enforcement suggests making sure to know when your checks will be arriving in the mail and to get mail as often as possible.
Locking your vehicles and homes if checkbooks are inside is preventative safety precaution.
Police want the citizens of Williston to be aware of the situation in order to better protect themselves from fraud.
(Amy Nickoloff, Detective, Williston Police Department) "We want the citizens to be aware that it is happening and to be checking their mail. Make sure that they are not leaving check blanks or checkbooks out in their vehicles also. We are seeing a rise, in the numbers. Suspects getting into cars, taking out checks, getting into mailboxes. So we want to make sure they are aware of what's happening and take the precautions."
The penalty for check fraud carries a minimum of five years in jail and/or a five thousand dollar fine.
Drought Concerns Across Western ND
While the ground may be covered with a few white flakes--the dirt is dry underneath.
Many farmers are worried for their crop and many ranchers are worried about enough grass growing to feed their cows.
Ag Reporter Sarah Gustin has the story.
The story is the same across Western North Dakota.
(JOHN DHUYVETTER / NDSU Livestock Specialist) "We had a normal May and June seasonal rains. in July August, September through the end of the year we basically got almost little to no rain, subsoil was depleted by the growing crop, so we had a pretty good year, but coming into this next year knowing that we are going to have to have really timely rain cause there is nothing in the bank account."
After a dry fall and a dry start to the winter, the worries start.
(JOHN DHUYVETTER / NDSU Livestock Specialist) "Finishing the crop, carrying the pastures, getting second cuttings, extending the grazing season, options of fall for the cattlemen, big enough hay piles.
NDSU Rangeland Specialist Kevin Sedivec says the amount of rainfall in May and June will determine how much grass will grow in 2013.
Sedivec says delaying turn out is one of the best ways producers can make the grass that is there last as long as possible.
He recommends turning your cows out to grass in late May or early June.
(KEVIN SEDIVEC / NDSU Rangeland Specialist) "The amount of feed they lose by grazing too early in May is 2 to 3 times higher as they lose for grazing too early. So if they can think about ways to keep them cows fed in the lots or in the calving pastures longer, they will get a bigger boost on that on the backside. by grazing it at the right time."
(Sarah Gustin /
This email address is being protected from spambots. You need JavaScript enabled to view it.
) "While a lack of snow on the ground has many producers worried, one expert says that might all soon change."
(LEON F. OSBORNE / UND Professor) "It's looking like the second half of March and first part of April, we are going to see a very active weather pattern across much of the central and northern plains."
Leon Osborne is the director at the Regional Weather Information Center in Grand Forks.
Osborne says a stagnant air flow in the Northern Hemisphere has kept storms from forming.
He says the weather pattern is changing, which could mean more moisture heading our way.
(LEON F. OSBORNE / UND Professor) "What's going to be critical for us, is will we see the rains come as we get into the second half of March and now as we move into April. Are we gonna see those rains come back that are going to allow us to recharge the top soil moisture. Right now the way the pattern is setting up it looks like that is going to be the case."
Osborne says while the dry cycle will break across the northern plains, drought conditions will continue down south, not because there won't be precipitation, but because of the large moisture deficit in that area.
Animal Cruelty Bill May Face Tougher Path in House
A recent massive case of horse cruelty has only added fuel to the argument for tougher animal cruelty laws in North Dakota.
A bill adding tougher penalties to the state's animal abuse measure passed the Senate and is now before the House Ag committee.
It increases the penalties, making the most serious cruelty cases a class C Felony for the first offense.
But as Donnell Preskey reports, the bill may be a tougher sell in the House.
Trent Loos: "I'm a ND wanna be."
His is a familiar voice on the radio and a man who has a passion for the outdoors, agriculture and North Dakota.
(Loos) "I'm concerned about unintended consequences. I believe this is wrong."
The agriculture activist has done this before, traveling to other states warning lawmakers about ramifications of bills like this.
(Loos) "This is not going to be the end of people telling you how to take care of your animals."
A main concern brought up by members of the House Agriculture committee how this bill will impact agriculture production.
(Julie Ellingson / ND Stockman's Assoc.) "We want to assure that the language doesn't harm everyday practices of the industry."
Julie Ellingson with the Stockman's Association says if legislators don't pass this bill, an initiated measure will return and be pushed by outside animal activist groups like the Humane Society of the United States.
(Ellingson) "This puts us in a better position makes the case we can take care of these issues."
Representatives heard hours of testimony on the bill, some of it pretty emotional and graphic.
(phone message)
Lawmakers told Amy Brossart to stop playing her voicemail as part of her testimony.
Her ex-husband left her seven messages before stabbing her dog Chloe.
(Amy Brossart / Dog killed) "I returned home to find bloody knife, pool of blood on floor where she laid for 3 hours before taken to vet."
Her ex was ordered to pay a $500 fine and given a suspended sentence.
(Brossart) "Sentence, not lose job over something this minimal."
For those who have witnessed the abuse, tougher penalties for the crime are a must.
(Cameo Skager / Central Dakota Humane Society) "Don't think should be let off because there wasn't an adequate consequence for them."
In the recent case of the horses that starved to death in Burleigh and Morton County. Nearly one hundred horses died, but because of limitation under current law, prosecutors only charged out 9 counts of A misdemeanor.
Sen. Hoeven on Sensible School Lunch Act
Some senators in Washington want school cooks to have more flexibility when it comes to feeding kids breakfast and lunch.
Senators John Hoeven and Heidi Heitkamp are among the bipartisan leaders in support of the Sensible School Lunch Act.
The legislation is in response to frustration and concern over strict USDA rules implemented last year. The Healthy, Hunger-Free Kids Act was intended to address the nation's childhood obesity epidemic by putting strict limits on calories, protein and grains served to kids at school. It set strict new guidelines for lunch menus, caused a strain on school budgets....and parents complained kids weren't getting enough to eat--not every student fit the guidelines. The USDA has since eased up on some of the strict limits...but only temporarily.
Senator Hoeven says his proposal would be permanent.
"We keep the calorie limits in place under this legislation. That stays in place so we're still addressing the childhood obesity issue which is so important but the grains and protein need flexibility so when you add children of different sizes, with different physical activities and different nutritional needs, they've got the flexibility to provide the kinds of meals that work," Hoeven said.
Senator Hoeven says that flexibility is what 60-thousand food service professional from schools across the country said they need to provide the nutritional needs of children they feed every day.
Lawmaker Wants to Study Local Government Spending
Bismarck, ND -
Property taxes are a top complaint among North Dakotans...
But lawmakers say the complaining should be with your local governments not with the legislature.
Your property tax dollars fund local governments.
Senator Dwight Cook says it's time for the legislature to study whether political subdivisions can become more efficient and effective to reduce costs to taxpayers.
He says North Dakotan's have a tremendous appetite for local government.
The state made headlines in a recent article in Governing, a magazine specializing in state and local governments, as boasting the most local governments per capita.
Cook says a study may find that cities and counties may be able to consolidate services or the state could pick up local programs.
"What's most important is that we have the discussion so we make the connection between what we pay and the services we get. That seems to the be disconnect that's out here," says Cook.
Terry Traynor with the North Dakota Association of Counties says Adams County and the city of Hettinger consolidate many services.
He says while they operate as one government they do have two separate boards.
Property Owners Seeing Big Value Increases
Property owners in Minot are likely to see the official value of their property rise considerably this year.
Minot Assessor Kevin Ternes says most people will see an increase in the assessed value of their property of between 12 and 14%.
He says the big increase is because of the strong economy and brisk sales of homes last year.
Ternes says in 2012, residential properties sold for an average of 18% over their assessed value, making the assessment increases necessary.
He says the increases are in nearly every area and type of property.
(Kevin Ternes, Minot City Assessor) "We're unable to tell that there's one certain part of the neighborhood or one part of town is farther below what the other parts are so it's been pretty much a flat increase across the city for the most part. We did notice that on some of the newer homes we were a little closer than some of the older homes."
Ternes says commercial property will also see a large increase in value.
On average, commercial property sold for 21% over assessed value last year.
(Kevin Ternes, Minot City Assessor) "All the commercial properties will see some increases too. For instance we had a motel last year that sold for twice what it was assessed at, we have metal buildings, storage buildings, warehouse buildings, shop buildings that are selling for quite a bit more than the city's assessment, apartment buildings continue to sell for more than the city's assessment."
Letters are going out this week to all property owners who will see an increase of 10% or more on their property - and he says 95-hundred of the 13-thousand homeowners in the city will be getting the letters.
He says, even with the big increase in value, your property taxes won't necessarily rise.
That's because of rate cuts by state legislators and the growth in the number of total properties in the city - spreading out the taxation among more people.
This is the result of a semi-truck driving OVER a car.
It appears the car is cut in half.
The good news is... NO ONE is hurt!
It happened on I-94 west of Mandan this morning.
Highway Patrol Lt. Norm Ruud says a Fargo man driving the semi truck, crossed onto the shoulder of the road., and drove over this car that was parked on the shoulder. No one was inside the car.
The owner of the car has not been located yet.
The semi driver received a citation for 'care required.'
Arrest Made in Connection to Death of Dickinson Man
An arrest is made in connection to the death of a Dickinson man.
Tracy Freer died after a hit and run accident outside his business the Queen City Motel last November.
Dickinson police arrested a 47-year-old Dickinson man for negligent homicide.
Sgt. Kylan Klauser says the man was picked up in the 900 block of 3rd Avenue Northwest Monday around 5pm.
Klauser says the man has no ties to the area and is originally from Missouri.
The suspect is currently unemployed.
The 47-year-old is being held in the Southwest Multi Correctional Center in Dickinson.
Klauser says he believes there are other witnesses who saw the accident. He hopes they come forward now that an arrest is made.
If you have any information on the case, call the Badlands Crimestoppers at 701-456-7754.
Mouse River Ice Warning
The recent spell of warmer weather has made ice on the Mouse River more dangerous.
Duane Anderson of Upper Souris National Wildlife Refuge says continued releases from Lake Darling Dam, coupled with the slow melting that's happening now, will make the ice treacherous in some areas.
(Duane Anderson, Upper Souris National Wildlife Refuge) "It's been kind of dangerous all winter long and right now it's going to get worse because we've lost a lot of ice downstream from the dam and all those coffer dams in Minot. We've got 70 CFS running through the system now and that can kind of keep the ice pretty thin and open in a lot of areas."
Anderson says the releases that have been going on all winter have kept the river from forming solid ice in many places, and the warmer temperatures only make the ice less stable.
Saturn Rises Over ND
A late winter storm blew across North Dakota today, leaving behind some big snowfall totals in some areas.
The storm was named "Saturn" by The Weather Channel.
And for people across the state who've had some pretty mild weather the past couple of winters, it may have seemed they woke up on a different planet.
Jim Olson shows us how it looked early this morning.
The morning air was filled with snow - and the familiar sound of man and machine trying to deal with it. Snow plow drivers had an early wake up call, heading out while you slept to give you a shot at making it to your destination Monday morning.
And, if your travel was confined to the major roads, you were in pretty good shape. Some people even seemed fired up to get at the winter driving.
(You like being out in this weather?) "Love it!" (You love driving in this?) "Love it - always lived in North Dakota, I'm used to it."
At the main fire station in Minot, the morning ritual includes removing any snow that's accumulated overnight - and the firefighters had the lot cleaned by 7am
(John Potts, Minot Firefighter) "Every morning about six o'clock we get up and shovel all the snow out of the way." (Fun?) "It starts out fun, then it's work." (After a while, it gets old?) "Yes, sir!"
(You guy have to make sure you can get out and about, huh?) (Dustin Safranski, Minot Firefighter) "We sure do, have to be able to respond no matter what the conditions."
(John Potts, Minot Firefighter) "We just got done clearing the pad and the driveways and noticed this gentleman was stuck, so..."
"This guy" missed a driveway and ended up halfway into a ditch. But fast work by the firefighters had things under control pretty quickly - along with another sound of a winter storm morning - revving engines and spinning tires of a truck pulling a motorist's fat from the fire.
(Just another service provided by your local firefighters, huh?) "Yeah, they're very good at it!"
Yes, it helps to be good in the winter to deal with a morning like Saturn sent our way. Jim Olson, KX News.
Posting Appropriately On Social Media
We could all take a lesson from a Democratic lawmaker's inappropriate tweet Wednesday about a Republican counterpart.
Representative Jessica Haak hake was sending out tweets during the floor session Wednesday about the debate on funding private schools.
She later tweeted Majority Leader Al Carlson instructed her to stop tweeting things happening on the floor.
And hash tagged "Nazi" at the end of her tweet.
Haak has since apologized, but it's a good reminder for everyone who uses social media sites to watch what you post. Carleen Shilling with Eide Bailly, says it's important to read over what you write before hitting post, not just for grammatical errors but to make sure the content of the message is appropriate.
She says posting something inappropriate will stay on cyber space for years.
"When you go out and Google you name, you want to see the positive information show up on the pages that display your name, so avoid using an old cliche that your grandmother wouldn't be proud to read," Eide Bailly CPA Partner, Carleen Shilling said.
Shilling says when she googles her own name she finds about 14 pages of information about herself.
House Approves Property Tax Relief Bills
Bismarck, ND -
North Dakotan's have been asking for property tax relief.
And if the state House's action is any indication -- they will get it.
Representatives passed two property tax measures that bring the total amount of property tax relief to $742 million.
One bill is the Governor's plan on a new way to fund education sending dollars directly to schools.
By the state picking up a greater share of the cost of K-12 schools, less money needs to come from local property taxes.
Another bill compliments the education funding plan with a property tax credit for all property.
Together the bills will reduce property taxes by 35 percent.
Rep. Mike Nathe says, "we are putting more money than ever in K-12. And as a result of that we will see historic savings for our property tax owners in North Dakota."
"It's been suggested that the majority party hasn't heard the cries from home on property taxes. I believe this bill suggests something different. I believe it says we have heard and are responding. I believe we are doing it in a way that is both affordable but more importantly, sustainable," says Representative Craig Headland of Montpelier.
The House previously approved a measure to lower individual and corporate taxes also by 35%.
Together the current plans to reduce property, income and corporate taxes equals $1.2 billion.
Senate Reconsiders Chancellor Buyout
Their action comes one day after the proposal was killed by one vote.
Senator Tony Grindberg's amendment only provides funds for the buyout and does not force the board to fire Shirvani.
Grindberg says Senators started to rethink their vote and pushed for it to be reconsidered.
The Board of Higher Education backs Shirvani, however the North Dakota Student Association expressed a vote of "no confidence" this weekend.
The buyout amendment passed by a vote of 28-19.
(Sen. Tony Grindberg / (R) Fargo) "Folks that changed their position on the vote, this reinforces the message that current direction and concerns are broad based. Whether it's the legislature or the students There are a number of folks who are expressing their concerns and the legislature spoke."
Shirvani has been in charge of the University System since last July.
His contract runs through June 2015.
If the board chooses not to get rid of Shirvani before his contract is up, the $850,000 will go back to the general fund.
The buyout is included in the University System Budget that moves to the House for it's approval.
Bill To Eliminate Sales Tax On Clothing Fails
The North Dakota Senate rejects a measure to get rid of sales tax on clothing.
Two of North Dakota's neighboring states don't have a tax on clothing.
But Senator George Sinner says Minnesota is now considering adding sales tax to clothing purchases over $100.
He says the body has passed all kinds of relief for taxpayers, but have not touched a single item of the sales tax.
"We can absolutely effect our tourism trade in North Dakota in a very positive way, we can do something we've talked about for months we can provide tax relief to every single North Dakotan," Democrat George Sinner said.
The bill failed by a vote of 14 to 33.
House Approves DUI Law
Drive drunk and you could go straight to jail. Mandatory jail time is part of a DUI bill approved in the North Dakota House today. Supporters say the bill adds tougher penalties to the state's current DUI law. The vote is quite personal for one lawmaker...
It's probably something not many knew about Representative Dwight Kiefert...
(Rep. Dwight Kiefert / (R) Valley City) "I'm the only father in North Dakota who has lost a child while riding in school bus."
He shared his story as a way to get lawmakers to think about the need for tougher DUI laws...
(Kiefert) "Bus driver was driving drunk, didn't see car, t boned and rolled school bus." That was 25 years ago. (Kiefert) "DUI legislation is long overdue."
The legislation was spurred by two drunk driving crashes this summer.
(Rep. Koppelman / (R) Fargo) "Not knee jerk legislation. But if have problem need to react."
The bill increases the fines for driving drunk and sets mandatory minimum jail sentences. Including sitting in jail for at least one day for a first time offense if the driver's blood alcohol content is over .20.
(Rep. Keith Kempenich / (R) Bowman) "a day in jail is a wake up call."
But some Representatives think the penalties go too far, citing concerns of jails getting overcrowded.
(Rep. Randy Boehning / (R) Fargo) "I know we have a problem, but are penalties too harsh with prison space?" (Rep. Chuck Damschen / (R) Hampden) "I've heard more excuses not to punish for drinking and driving than I care to hear." (Rep. Jeff Delzer / (R) Underwood) "I don't think this bill will solve the problem."
(Koppelman) "New tougher law important first step in cultural change."
(Kiefert) "think about the victims before you push the button."
25 years... And this man has still not read the sympathy cards sent to his family after his son Matthew was killed. (Kiefert) "our son is dead for life... that's a life sentence."
The House approved the bill with a vote of 80-14. The Senate previously passed a similar bill to change the state's DUI law.
Sales Tax Collections Drop
City of Minot Finance Director Cindy Hemphill had a bit of a shock this month -- sales tax collections in the city of Minot were down substantially for January of 2013 when compared to 2012.
After years of seeing steady growth...the drop was pretty remarkable.
The city took in just 900 thousand dollars in sales tax collections for the month.
In 2012 that number was one-point-four million dollars.
It was a drop of about 36 percent.
So what does that mean for the city?
Hemphill says not much quite yet.
The numbers will be watched closely to see if this turns into a trend.
She says it may...or it also may be a case of different businesses reporting at different times that may be make the drop off seem larger than it actually is.
(Cindy Hemphill - City of Minot Finance Director) "The retailers have the option...not really the option but sometimes report later than others so you don't really know that you have the same group that reported in a time frame so we will watch this very closely and see if it is a trend if it will be down this much for each month and then we might have to make some adjustments in the budget for what we planned on using sales tax dollars for."
Hemphill says the next two to three monthly reports will help make that decision.
Senate Approves Lower Oil Extraction Tax
Bismarck, ND -
The North Dakota Senate spends nearly two hours debating whether or not to restructure the state's oil tax.
After lengthy debate, the bill passed the Senate 34-13.
Democrats say the measure could cost the state billions in lost revenue over time.
Republicans say change will bring certainty to the tax code, something oil companies desire.
The measure cuts the exemption on stripper wells, that is costing the state $50 million a year.
In exchange, the measure lowers the tax on oil taken out of the ground.
(Sen. Jim Dotzenrod / (D) Wyndmere) "This tax cut in the middle of an oil boom makes no sense."
(Sen. Connie Triplett / (D) Grand Forks) "We are in charge of tax policy in this body. The oil companies don't get to tell us what they will accept or reject. The oil companies don't run this place yet."
(Sen. Dwight Cook /(R) Mandan) "When we decouple our extraction tax from the price of oil we bring stability to what our extraction tax really is."
(Sen. Tyler Axness / (D) Fargo) "If we leave the rates for extraction as they are currently are we will be driving oil companies away from ND I'm not buying that argument."
(Sen. Rich Wardner / (R) Dickinson) "We want to make sure that again, we continue to get the revenue, continue to keep the economic engine going. That's what this is about keeping North Dakota's economy healthy long into the future and not just in the short term."
Because debate got so long winded, Majority leader Rich Wardner motioned to end the debate and vote
If Bismarck Builds It -- a Brand New Civic Center, that is -- Will They Come?
If Bismarck builds it, will they come?
In addition to considering expansion of the existing civic center, Bismarck City Commissioners have before them the possibility of an entirely new facility. The new proposal comes with 50 acres of donated land in the area near Highways 83 and 1804. Proponents say Bismarck deserves a first class facility. Commissioners appear to be listening.
"I will argue that the building does make a difference and I think our vision right now for our capital city and for the geographic area that we serve right here is too low, and it's time to think of a bigger vision with what we have coming in this state," says Senator Lonnie Laffen, Grand Forks, Founding Partner of JLG Architects.
It is estimated that a new facility would cost about $150 million. Advocates says it would easily pay for itself in 10 years -- from the increase in the property tax base as a result of new development. However, the up front cost might have to come from a sales tax increase.
Some say eventually, Bismarck will need a new facility anyway. So the question is whether now -- or later?
"Hundreds of thousands of people, probably, coming to Bismarck in ten years that wouldn't come here if we add on downtown. Your business owners downtown will never be busier. We're on the same team here guys," says Dr. Ron Knutson, Bismarck Anesthesiologist and Land Developer. Dr. Knutson would donate the land for the project.
There will be community input meetings, the first of which will be held this Thursday from 4:00 to 6:00 p.m. at Bismarck Civic Center Exhibit Hall. Two additional meetings will be held -- one on Monday, March 4th at Horizon Middle School, and on Tuesday, March 5th, at Wachter Middle School.
House Votes on Bills to Expand Gun Rights
The North Dakota House votes on numerous bills that expand gun rights to those that hold concealed weapons permits.
The biggest changes involve guns being allowed in churches and schools.
Donnell Preskey has the story from the capitol.
Rep. Rick Becker / (R) Bismarck: "I contend that a "gun free zone" is a "gun for criminals' only zone."
The North Dakota House voted on numerous bills related to concealed weapons and where they can be allowed.
A majority of Representatives support concealed weapon permit holders bringing their guns into places of worship with prior approval from the church.
Rep. Diane Larson / (R) Bismarck: "We heard from one person who said trust in God, not guns. But committee felt it was a reasonable request to allow for security in church as long as approved in advance."
That same concept was used to pitch a bill allowing guns in schools.
If given approval by the school board, a concealed weapon permit holder can carrying a concealed gun on school grounds.
Rep. Kim Koppelman / (R) West Fargo: "If going to allow a gun in school who should it be and how should the decision be made."
The process schools use to decide who can pack heat is what most of the debate centered around...
The bill says school boards can meet in a closed meeting to discuss gun policy.
Rep Glen Froseth / (R) Kenmare: "The state doesn't need secret meetings especially when it comes to an important issue like this."
Rep. Dwight Kiefert / (R) Valley City: "The only reason behind the privacy part of this is not to educate any perpetrator on which school is armed, which ones aren't. The janitor is armed, he'll be there between 3 and 5. They don't need to have that information."
It's an issue parents brought forward to lawmakers as a way to provide a line of defense to some of the most defenseless...
Larson: "There was one man who said I send my kids to school can't be there to protect them, please allow someone to be able to."
The House approved the bills allowing concealed weapon permit holders to have guns in churches and schools, with permission.
Representatives also passed a bill allowing those with concealed weapon permits to carry a gun or weapon at a public gathering.
Another bill prohibits the government from confiscating guns or restricting gun use during a declared emergency.
All bills move on to the senate.
Tax Cuts Approved
The North Dakota House approves the largest income tax reduction in state history.
But the aggressive tax cut package came with great debate.
The bill gives over $500 million in income and corporate tax breaks.
Democrats oppose the corporate tax reduction entirely saying 82% of the tax savings go to out of state businesses.
They also say the money earmarked for income tax cuts, which is $360 million, should go to property tax relief instead.
Democrats say North Dakotan's are not complaining about income taxes.
However, republicans say income taxes have grown at rates faster than projected and North Dakotan's deserve to keep more of their money.
Lawmakers say they expect to pass a combined $1 billion in tax cuts to North Dakotan's through property and income tax breaks.
Despite the lengthy debate the bill passed by a vote of 92-1.
Meeting Held In Washburn Over Nuclear Waste
The McClean County Courthouse gets heated this afternoon over nuclear and radioactive waste.
At a meeting this afternoon, the McLean County Planning and Zoning Commission agrees to change some of the language in the current ordinance.
Those changes are making some residents upset.
"Nuclear waste is not permitted and I'm proposing that we delete that language because it's obsolete," Ladd Erickson said.
McLean County State's Attorney Ladd Erickson says the county has no desire to possess or import Nuclear Waste, which is why he wants it deleted from the language.
Erickson says the purpose of changing this language is to develop a local zoning process for facilities that might come to town.
"So if some place determines they want to do a facility there's going to be a requirement to come to planning and zoning which probably doesn't exist right now," Erickson said.
Erickson says bringing Nuclear Waste to North Dakota is currently a federal crime, and that counties don't have control over it.
"North Dakota is not geographically setup for nuclear waste and we have no control over it either way if they actually wanted to put nuclear waste in North Dakota it's all federal, the zoning ordinances make no difference on that," Erickson said.
Some of those who attended the meeting say the commission should've tabled the discussion and studied the language further.
"Until the citizens of McLean County have a chance to understand what's really going on, we're throwing around all these rules of different classifications of different types of waste," Dennis Kost said.
Former Planning and Zoning Commissioner Robert Rasmusson agrees.
"I was very disappointed that they passed the ordinance today I figured they should have waited until next month to do it," Robert Rasmusson said.
But the commission didn't wait, commissioners voted unanimously in favor of the changes.
The decision is not yet final.
The county commission will make the final decision on passing the changed language to the ordinance at their next meeting, March 5th at 8:45 a.m.
Tax Cuts Approved
The North Dakota House approves the largest income tax reduction in state history.
But the aggressive tax cut package came with great debate.
The bill gives over $500 million in income and corporate tax breaks.
Democrats oppose the corporate tax reduction entirely saying 82% of the tax savings go to out of state businesses.
They also say the money earmarked for income tax cuts, which is $360 million, should go to property tax relief instead.
Democrats say North Dakotan's are not complaining about income taxes.
However, republicans say income taxes have grown at rates faster than projected and North Dakotan's deserve to keep more of their money.
Lawmakers say they expect to pass a combined $1 billion in tax cuts to North Dakotan's through property and income tax breaks.
Despite the lengthy debate the bill passed by a vote of 92-1.
North Dakota Student Association Votes to Get Rid of Chancellor
The North Dakota Student Association has voted to support a buy-out of the head of the University System.
According to a news release, the Student Association representing more than 48-thousand students across the state-- passed two resolutions Saturday.
One that supports a Senate Bill--which would allocate money to purchase the remainder of Chancellor Hamid Shirvani's contract.
The student delegation also presented a vote of "no confidence" for Chancellor Shirvani from the students of the North Dakota University System.
That passed with a vote of 53 in favor, two opposed and seven absentee.
ND Celebrates Favorite "Adopted" Son: Former Staff Sergeant Clint Romesha, Medal of Honor Recipient
From soldier to oil field worker to international celebrity. North Dakota honors former U.S. Army Staff Sergeant Clinton Romesha upon receiving the nation's highest honor -- and joining the exclusive "Medal of Honor" fraternity.
53 Americans versus more than 300 Taliban at an outpost in Afghanistan. Against all odds, U.S. Army Staff Sergeant Clinton Romesha and his fellow soldiers reclaimed building after building and forced the Taliban to retreat. In the process, many lives were saved. Romesha's quick-thinking and calm actions have been credited for the success. Now, in receiving the Medal of Honor, Staff Sergeant Romesha says his emotions are mixed.
"The humility that your actions were singled out from the heroic actions by your teammates, but it also comes with the helpless feeling that you weren't able to save everyone that day," says former U.S. Army Staff Sergeant Clinton L. Romesha.
This sentiment has been said to be a testament to the kind of soldier -- and person -- that is Staff Sergeant Romesha. Originally from California, he adopted North Dakota as his home nearly two years ago -- and North Dakota adopted him.
"Clint, we salute you today as an American hero and a favorite son of North Dakota. We're pleased that you, your wife, Tammy, and your three children, Dessi, Gwen and Colin, now call North Dakota home," said North Dakota Governor Jack Dalrymple.
"To have a young man like Staff Sergeant Clint Romesha recognized for what he did in October of 2009 means a lot to all of us here in North Dakota," says Major General David Sprynczynatyk, Adjunct General, North Dakota National Guard.
As for Clinton Romesha, he's looking forward to spending time with his family in his new hometown of Minot, North Dakota, but says he'll always be a soldier: "I kind of owed it to my family to come home and be a dad and a husband again, but you know, I will always in my heart of hearts know that I'm a soldier for life."
The 2009 battle at Outpost Keating for which Romesha's actions were honored has been described as one of the most intense battles of the war in Afghanistan. The 31-year old Romesha served 12 years in the U.S. Army, and is now employed in the oil field by KS Industries.
New North Dakota Seat Belt Law Fails
A majority of North Dakota Representatives say the state's seat belt law is just fine the way it is.
The House defeated a bill to make the seat belt law a primary offense, allowing law enforcement to pull over drivers those in the front aren't buckled up.
Supporters of the bill say it's a public safety issue, while opponents say it is just one more freedom government is infringing on.
Representative Curtiss Kreun shared a story of a vehicle rollover near Bismarck involving two Newtown teens.
<<(Rep. Curtiss Kreun / (R) Grand Forks) "Rolled the vehicle, one had a seat belt on the other didn't. One flew out, he graduated but has to learn to walk. And the other one, didn't have any injury. These are the people talking to us saying it's best to have a seatbelt on."
(Rep. Larry Klemin / (R) Bismarck) "Somebody who's not buckled in becomes a loose cannon in a vehicle involved in an accident can seriously injury other passengers who are buckled in."
(Rep. Jim Kasper / (R) Fargo) "That's what this bill is about. Government telling each one of us telling us how to run our lives and saying you no longer get to choose.">>
The bill failed by a vote of 40-52.
17 state's still have a secondary seatbelt law.
N.D. House Defeats Measure to Give Tax Break to Thrift Stores
The North Dakota House defeats a bill to a clothing sales tax break to nonprofit thrift stores. There are 41 thrift stores operated by nonprofits in North Dakota. Money raised through sales in those stores goes toward specific causes. Supporters say it's not right to tax clothing twice.
Representative Jessica Haak, a Democrat from Jamestown, says farm machinery is not taxed if sold a second time. Those who oppose the bill say it's unfair tax policy because the bill only applies to nonprofit thrift stores.
"It's not good tax policy for North Dakota to allow one business on one side of the street a tax exemption when the other one was not provided that same exemption," said Rep. Craig Headland, (R) of Montpelier.
The tax exemption would have cost the state about $645,000 in revenue over the next two years. The House defeated the measure 50-44.
House Approves Tougher Penalties for Underage Drinkers
The North Dakota House has approved increasing the penalties for underage youth who are trying to get booze and their suppliers.
Donnell Preskey brings us the debate.
"We are one of the best run states in the country and consistently at the top of this list in binge drinking which is sickening to me," says republican Representative Joe Heilman of Fargo.
Representative Joe Heilman has worked on ways to reduce underage drinking for years..
"In 2009: underage customers accounted for 30% of all alcohol consumed in this state totaling $69 m in sales.
It's been a big struggle, because we have tried to give youth alternatives to drinking, don't seem to be working, say Heilman.
But the bill he and a majority of his House colleagues approved may be one solution.
He says it cracks down on the supply line of alcohol to youth...
"For the adult in the parking lot the offense is a class a misdemeanor, c felony 3rd offense. hope is 2nd and 3rd offenses will never happen," says republican Representative Karen Karls of Bismarck.
"We have a problem in ND we have to get serious about it and make you think twice about getting it to a minor," says Heilman.
The bill also increases the penalties for anyone caught using a fake I.D. to misrepresent their age to buy alcohol.
The first offense is a B misdemeanor, it's an A misdemeanor the second time and a class C felony for the third offense.
The bill includes mandatory minimum fines, which are as high as $1,000.
"I heard we don't want to have too stiff of a penalty, if it doesn't cause inconvenience then really isn't purpose in the penalty and law isn't effective, probably why have the problem we have now," says republican Representative Chuck Damschen of Hampden.
Representative Damschen says there's a societal acceptance of allowing young people to break the law to use alcohol.
"We can change the statistics, we got to do something," says Damschen.
The House approved the measure 61-33.
Representative Heilman says according to a recent student survey, 26% of those who drink underage get their alcohol from their parents.
Senate Votes to Toughen North Dakota's DUI Laws
A plea for tougher DUI laws has been answered in the Senate.
Senators passed Senate Bill 2240 unanimously this afternoon.
The bill doubles the fines for DUI offenses, mandates offenders to participate in the 24/7 program and doubles the amount of jail time.
Under this proposal a first time offender with a blood alcohol content of .18 will have to spend two days in jail.
Currently a first time DUI offender does not serve jail time.
Also new to this law, refusing to submit to chemical testing will be treated just like a DUI.
The bill originally proposed using interlock ignition devices, where offenders would have pass a breathe test to drive.
That part of the bill was removed.
There is another bill related to DUI laws being considered in the House.
Sand From Minnesota Used For Hydraulic Fracturing In The Bakken
Frac sand used in North Dakota's Bakken might soon be difficult to get.
Protesters gather today at the Minnesota State Capitol as lawmakers discuss putting restrictions on frac sand mining.
Much of the frac sand used in North Dakota's Bakken comes from Minnesota.
<<"It's an absolute critical role we cannot make the Bakken and Three Forks produce without sand," Director of Mineral Resources Lynn Helms said.
One of the key ingredients to unlock North Dakota's oil, comes from out of state.
"North Dakota receives a lot of its sand from the sand mines in Minnesota and Wisconsin and certainly the Bakken is dependent on that sand," Ron Ness with the North Dakota Petroleum Council said.
Many Minnesota residents are upset about how digging for this sand is changing the landscape of their state.
If it's not available in a neighboring state like Minnesota, it might be hard to transport the sand economically from somewhere else.
"The frac sand would have to come from a long ways away, transportation costs would go up significantly, the overall cost of putting a well in production would go up," Helms said.
Director of Mineral Resources, Lynn Helms says North Dakota consumes about 2 million tons of sand a year.
"The value of that is about 500 million dollars or a half a billion dollars a year that we consume in western North Dakota," Helms said.
"They've got a perfect round hard sand over there that's perfect little symmetrical pieces of sand that's worked out great in the Bakken," Ness said.
The sand is primarily used for hydraulic fracturing, and more and more sand is being used just for that every year.
"Even as we've added more and more ceramic propent to the hydraulic fracturing process the amount of frac sand has been increasing year on year by 50 to 100 percent, cause we're adding stages to the hydraulic fracturing so every well is adding more ceramic and frac sand," Helms said.
So as long as the Bakken continues to grow, so will the need for frac sand.>>
Helms says the sand is used in every single hydraulic fracturing job in the Bakken.
Bill to Make Abortions Illegal in ND Passes by One Vote
The North Dakota Senate passes two bills that would ban and limit abortions in the state...
Donnell Preskey has more on the debate.
Senate Bill 2303 defines a person as a human being at all stages. If passed, it would make abortions illegal in North Dakota with exceptions for medical emergencies. The Senate passed the bill by one vote 24-23. Most of the debate revolved around contraception and frozen embryos.
(Sen. Connie Triplett / (D) Grand Forks) "This interferes with the right of every woman of child bearing age to make decisions about her reproductive rights. Please vote no.
(Sen. Carolyn Nelson / (D) Fargo) "I quite frankly, don't like abortions, but I don't think it's my right to tell your wife or daughter or who ever what her medical decision should be.
(Sen. John Grabinger / (D) Jamestown) "For all the families and future families made whole by our in vitro professionals who oppose this bill, I and a majority of judiciary committee ask for a do not pass on this bill."
(Sen. Margaret Sitte / (R) Bismarck) "A human embryo is a human being. Yes, it may be small. But you and I were all human embryo's. No, they won't be wards of the state. There are so many people around the nation who want to adopt embryo's, there are so many people who struggle with infertility issues. This is a reasonable bill."
The Senate also passed 2368, which makes it a crime to perform an abortion after 20 weeks.
Both abortion related bills now move to the House.
Reporting from the Capitol, Donnell Preskey, KX News.
Seven bills related to abortion were introduced this session.
They have now all been voted on a first time.
Six have so far passed their chamber of origin.
Drivers Paying More To Fill Up
It's costing drivers more to fill up their tank than one month ago.
Gas prices in North Dakota have climbed more than 50 cents in the last few weeks.
And drivers are taking notice.
<<"It's really expensive," Monica Miller said.
Gas prices are on the rise in North Dakota, setting an all time record high for this time of the year.
"I drive a lot like I put a lot of miles on and I guess I know it's on the credit card a lot, my mom always asks why is your credit card bill so high, and I'm like it's just the gas," Paige Thomas said.
According to a AAA spokesman, drivers in North Dakota are paying an average of $3.67 for a gallon of regular gasoline, up 60 cents from one month ago.
In Bismarck drivers are paying an average of $3.72 for a gallon of gas, up 69 cents from last month.
"My raises don't keep up with the gas prices and the food prices have all gone up too and my wages don't do the same," Barbara King said.
"It used to take $40 to fill my car, now it's like $50 or $60, so definitely an impact," Miller said.
With prices creeping close to four dollars a gallon, it's forcing many drivers to change their driving habits.
"Maybe carpool a lot more you know, not drive as much I guess," Thomas said.
"I kind of try to stay in town more, try not to leave as much," Miller said.
And drivers can get used to the higher prices, because there's no sign of them going down anytime soon.>>
AAA says prices shouldn't go up too much more, but that we usually don't see the highest prices of the year until around Memorial Day.
Home Sewer Problems In The Valley Growing
As the flood water started to receed in 2011, officials said that some affects from the water to our property would be delayed and may surface several years after.
It appears that is holding true for some in the valley.
Shaun Sipma has more.
(Shaun Sipma, KX News) "As the Valley approached the two year mark when flood water covered streets and filled homes, a new problem is starting to surface for homeowners below the surface."
(Dan Jonasson, Minot Public Works Director) "After the flood with all the pressure that was put on those services and on the ground and everything it's crushing some of those services."
Plumbers are reporting that the problem largely lies with homes that were built in the 1950's and 60's with a pipe that was commonly used then called orangeburg pipe.
(Dan Jonasson, Minot Public Works Director) "Which is essentially it's a tar paper pipe that they used back in those days."
(Trenton Howard, Kevin's Plumbing & Heating) "It was just a popular pipe and if the ground was compacted very well around it the pipe will be able to spread out and the top will squish down."
Using special cameras plumbers are able to scope a homeowners drain to get an idea of a problem, whether it be roots growing into the drain, silt deposits or a collapse.
(Trenton Howard, Kevin's Plumbing & Heating) "Right here it switches, you can see the pipe is starting to squish down, like right here it's starting to squish down from the weight of the dirt."
(Shaun Sipma, KX News) If the news of a collapsed sewer pipe isn't troubling enough, this next part is.
A homeowners property is just that, their's to take care off and that includes the cost to replace their sewer pipe from the house to the main sewer line.
(Dan Jonasson, Minot Public Works Director) I would guess to replace a service line would cost five to seven thousand dollars."
(Shaun Sipma, KX News) "Is it worth digging up a small section if you have a bad section?"
(Trenton Howard, Kevin's Plumbing & Heating)"Usually not. In the winter it is, because the excavation is quite expensive when the ground is frozen so if you can dig up a small piece when it's 30 below and the ground is frozen four feet deep, that's a good temporary fix and then when it warms up you should replace the whole section."
Unfortunately showing that the cost of recovery continues to mount for valley residents when many themselves don't qualify for assistance outside of more loans.
In Minot, Shaun Sipma KX News.
Jonasson says the city does cost share the portion of the street and curb if a section has to be tore up to a connect a home's sewer line to the city's main.
