CONTEMPT  (CONT)


The reductions in Kessler's order would halt navigation on the Missouri, dropping depths at Kansas City, Mo., from about 14 feet to eight feet -- too shallow for barges carrying grain and other cargo to the Mississippi River at St. Louis.

Barge and farming interests say the corps has an obligation to provide enough water for barge shipments.

The sport fishing industry and other upstream interests would benefit from low summer flows that would keep more water in upstream reservoirs in Montana and the Dakotas.

Debate has dragged on for more than a decade over the seasonal changes and whether they should become part of the corps' Master Water Control Manual for operating the Missouri River.

The corps has not revised the master manual since 1979, before the least tern, piping plover and pallid sturgeon were listed as threatened and endangered under the Endangered Species Act, one of the nation's most potent environmental laws.

When the agency announced last week it would refuse to comply with Kessler's order, it also announced new plans to complete master manual revisions by next year.


This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.