Outlet controversy During the most recent wet cycle which began in 1993, the lake rose over , inundating of primarily agricultural land. This required the expenditure of more than $400 million in flood protection measures. Some stakeholders argued for construction of an emergency outlet into the
Sheyenne River, which is a tributary of the
Red River of the North. The
Army Corps of Engineers proposed to draw water from a different point of the lake, provide filtration, and discharge a maximum of of water from Devil's Lake, in order to lessen dependence on overflow or evaporation to reduce water levels. The Corps of Engineers estimated its project costs to amount to $186.5 million, with the
United States Congress designating $100 million to the project;
North Dakota would have paid the remaining amount. Construction began in 2003 and was completed as of summer 2005. The state outlet project was opposed by the governments of
Minnesota and
Manitoba, Canada. They argue the outlet would create the potential for the transfer of unknown foreign aquatic species and high levels of sulfates into the
Red River basin, an important agricultural area, and
Lake Winnipeg, the world's 10th-largest freshwater lake. In March 2004, Manitoba, along with Minnesota and several environmental groups, sued the North Dakota Department of Health in state court over the Devils Lake Outlet 402 NDPDES Permit. The court ruled the outlet could proceed in August 2004 and May 2005. The
Boundary Waters Treaty of 1909 established an intermediary, the
International Joint Commission (IJC), through which the United States and Canada can solve cross-boundary water disputes, but the commission has no power to act without invocation by both nations. Canada attempted to invoke the IJC for purposes of conflict resolution, but the United States did not, effectively preventing the IJC from taking part in the controversy. The
Government of Canada argues that the diversion by the state, without consultation or approval from Canada, is a violation of the
Boundary Waters Treaty of 1909 and Canada's national sovereignty. The U.S. government contends the diversion will not be harmful, nor will it violate the treaty under current conditions. In November 2005, a joint United States and Canadian study concluded that none of the 13 species Canada classifies as invasive were present in Devils Lake. The study did find three species of fish parasites that are not currently known to exist in Lake Winnipeg (to which the Red River flows). However, all three are ubiquitous to the waters of North America and have a wide variety of hosts. A difficulty inherent in determining what species are in Devils Lake versus Lake Winnipeg results from spatial relationships and scale. Lake Winnipeg covers approximately , dozens of times as large as Devils Lake. In addition, the Devils Lake Basin is significantly smaller than the watersheds feeding Lake Winnipeg, including the Saskatchewan River basin at approximately . Drawing conclusions about the biological community already in Lake Winnipeg is difficult, due to the relative lack of biological sampling there compared to that of the smaller Devils Lake.
Carp Due to the rising waters of the Devils Lake and its basin, streams can flow into the
Red River Valley or the Devils Lake Basin. The Red River Valley basin contains a "rough fish", the
common carp, which the North Dakota Game and Fish Department fears will enter Devils Lake basin waters in the near future, allowing the carp to populate Devils Lake. The carp's fast reproductive growth and the lack of carp predators in the lake will likely help it to dramatically increase in population. This could have drastic consequences for existing populations of game fish, such as the
walleye and
northern pike, which could greatly harm the sport fishing industry. Some preventive measures have been proposed, including inserting chemicals in the creeks along the boundary of the Devils Lake Basin and the Red River Valley to kill fish. Biologists did tests in 2005 which conclude that there are currently no carp in the Devils Lake Basin, but some have been found within two miles (3 km). The carp appear to have been stalled by the abundant
cattail plants, which makes travel impossible for the fish.
Railroad problems Due to the lake's rising waters, the
BNSF Railway temporarily suspended freight traffic between Devils Lake and Churchs Ferry, a total of , during 2009–2013. However,
Amtrak's
Empire Builder continued to operate over this segment. BNSF offered Amtrak the right to instead operate the
Empire Builder over the
Northern Transcon route, to which freight traffic had been shifted. To compensate for the loss of station stops at Grand Forks, Devils Lake, and
Rugby, North Dakota that would have been caused by the shift, BNSF suggested that Amtrak add a station stop at
New Rockford, North Dakota. However, Amtrak said that they would continue using the line by the lake. In 2010, analysts estimated that Amtrak would soon either have to rebuild the bridge that crosses the lake at Churchs Ferry, or reroute its passenger trains. On June 15, 2011, BNSF and Amtrak agreed to rebuild the rail line, whereby each would cover one-third of the cost. The state of North Dakota received a federal TIGER grant to pay for the remaining third. The growth of freight traffic associated with oil from the
Bakken formation in this period resulted in BNSF upgrading its assessment of the importance of the Devils Lake line. After the track was rebuilt and raised, through service resumed from Devils Lake to Churchs Ferry. ==References==