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Tuesday, Sept. 6, 2016
815-753-0105 | @NIUNorthernStar | NorthernStar.info
News
Disputed land: Protesting pipelines The Associated Press BISMARCK, N.D. | An oil-rich
American Indian tribe in North Dakota was handed a setback Thursday in its fight against a Texas company building oil and natural gas pipelines beneath a lake on its reservation.
“
[Paradigm Energy Partners] tried to get our consent, they didn’t get it... As far as we’re concerned, they’re trespassing.” John Fredericks Three Affiliated Tribes Attorney
The Three Affiliated Tribes ordered the project halted last month, saying Sacagawea Pipeline developer Paradigm Energy Partners needed tribal permission to place the pipelines beneath Lake Sakakawea, and that it made no assurances that water supplies wouldn’t be harmed. U.S. District Court Judge Daniel Hovland temporarily allowed
construction to continue last week. On Thursday, the judge again refused to stop construction. He’s expected to rule within the next two weeks on whether the company should’ve gotten tribal permission and the project can move forward. Hovland said the case revolves around a “multitude of complex issues,” and that there appears to be no existing precedence. “It sounds like I’m going to be left to interpret this with no guidance from anybody,” Hovland said during the daylong hearing. The company said it has federal permission from the Bureau of Indian Affairs and the U.S. Army Corps of Engineers to run the pipelines beneath the lake along the Missouri River. The tribes argue that they own mineral interests beneath the river bed and their permission is needed to place a pipeline there, under a 1984 accord with the federal government. North Dakota’s Public Service Commission approved
The Associated Press
(From left) Actress Susan Sarandon and Bobbi Jean Three Lakes, Standing Rock Sioux tribe member, rally Aug. 24 outside the US District Court in Washington.
construction of the $125 million, 70-mile-long oil pipeline project in January and it’s now complete, though it’s not moving crude at present. The company said the $16.6 million gas pipeline is
about 45 days from completion. Chris Doss, the Paradigm’s chief operating officer, said the company faces a Nov. 1 deadline to complete the gas pipeline due to an agreement with another
landowner. He said delaying the project jeopardizes the project and the future of the company. “We can’t afford any delays at all,” he said. About 20 percent of the more than 1 million barrels of oil produced daily comes from the Fort Berthold Reservation, occupied by the Mandan, Hidatsa and Arikara Nation, also known as the Three Affiliated Tribes. The tribes have a 12 percent stake in the oil pipeline but do not have a working interest in the gas pipeline. Three Affiliated Tribes Chairman Mark Fox said the company was told several times “that they need to have full council approval or they will not be able to cross the lake.” Tribal officials said the company offered the tribe up to $2 million in June to resolve certain issues, and while drilling already had started beneath the lake. “They tried to get our consent, they didn’t get it and the bored anyway,” said John Fredericks, an attorney for the tribes.
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