Dear Governor Burgum,
Let me quote from the conservation easement you signed for some ranchland you and your friends own in southwest North Dakota’s Bad Lands six years ago:
“The Protected Property possesses agricultural, scenic, and historic, and cultural values. The Protected Property is located in the heart of the only Ponderosa pine forest in North Dakota, south of Teddy Roosevelt’s historic Maltese Cross Ranch. This area is rich in history and is deep in the North Dakota Badlands. The scenic Little Missouri River runs directly through the Protected Property and is the only state-designated scenic river in North Dakota. (emphasis added)
“The Little Missouri National Grasslands . . . offer significant open space and scenic values to local residents and the general public. In addition, the integrity of the Little Missouri River corridor is significant to the entire state, region and nation in the context of its historic and cultural role in the Native American history of the Upper Great Plains . . .” (emphasis added)
“Preservation of the Protected Property as an undeveloped area will provide significant public benefit via the tremendous scenic qualities and visual access the Protected Property possesses.” (emphasis added)
“These Conservation Values are of great importance to the Grantor, Grantee, and the people of the state of North Dakota. In addition, these values are vitally important to the people of the nation due to the significant relationship to the river corridor and the need to preserve the view along the Little Missouri River in this specific area. (emphasis added)
That was YOU, Governor Burgum six years ago, writing about YOUR ranch in the southern Bad Lands. A document filed in the Slope County Court House in Amidon, North Dakota.
Well, Governor, that was when you were just a ranch owner and only concerned about protecting your little piece of the Little Missouri River. Concerned enough to try to put a perpetual conservation easement on that land so it could never be developed. So that there could never, ever, be anything more than a gravel road leading to the river bottom. So that commercial and industrial development, like water depots and truck refueling stations, would be forbidden on that piece of the Little Missouri River. FOREVER.
Again, from your document:
“The purpose of these Covenants is to preserve and protect in perpetuity the Conservation Values of the Protected Property . . . in accordance with (Section) 170(h) of the Internal Revenue Code.”
I don’t know if you were successful, since perpetual easements are illegal in North Dakota. I don’t know if you were seeking, or received, federal tax breaks for putting this easement on your property because Section 170(h) of the Internal Revenue Code, which your refer to several more times in your easement document, specifically says “A contribution shall not be treated as exclusively for conservation purposes unless the conservation purpose is protected in perpetuity.” And easements of this sort in North Dakota are limited to 99 years. Which is certainly not “perpetuity.”
Well, anyway. That was then, when you were responsible and concerned for just your little chunk of the Little Missouri River, and no one doubts that your motives were anything less that sincere about protecting the Little Missouri State Scenic River valley.
But now, Governor Burgum, you’re Governor of the whole state, and responsible for protecting the entire Little Missouri River, “the only state-designated scenic river in North Dakota,” as you so ably pointed out in your easement papers.
That State Scenic River designation is part of our state’s laws, in Chapter 61-29 of the North Dakota Century Code, which says:
“Channelization, reservoir construction, or diversion other than for agricultural or recreational purposes and the dredging of waters within the confines of the Little Missouri scenic river and all Little Missouri River tributary streams are expressly prohibited. “ (emphasis added)
The only water that can come out of that river is water to be used for “agricultural or recreational purposes.” Because the North Dakota Legislature said, in writing this law in 1975, that the Little Missouri State Scenic River is too valuable to the state to allow industrialization of the river to take place.
At least, that is what it says today. But now there’s a new law in front of you, Governor, awaiting your signature (or your veto?) passed by the 2017 Legislature, which changes all that. For the last ten years or so, your State Water Commission, of which you, now, as Governor, are the chairman of, has been violating that law and issuing permits for industrial use of Little Missouri State Scenic River water. This year, your staff over there at the Water Commission has decided to come clean, and ask that those permits be made legal. Mind you, they didn’t cancel the permits when we found out they were issuing them illegally. They just decided to change the law to make them legal. With the help of Oil Industry lobbyists and friendly Republican Legislators. No doubt those Oil Industry lobbyists are perched outside your office right now, waiting to encourage you to sign the bill into law and give them, legally, million of gallons of Little Missouri State Scenic River water.
And that’s what the bill in front of you, HB 1020 passed this week by the 65th North Dakota Legislative Assembly, does. And those Legislators are asking you to sign it into law. So that their friends (and more and more, it’s starting to look like your friends, too) in the Oil Industry can continue to get that water.
And if you and the Legislature make it legal, the Oil Industry will probably want way more than they’ve been getting so far, from those 600 illegal water permits they were issued by your Water Commission staff over the last ten years. They won’t have to worry about any penalties for breaking the law any more.
So are you going to sign it, Governor Burgum? Are you going to legalize the industrialization of the Little Missouri State Scenic River valley? Or are you going to remember what you wrote six years ago about your little piece of the Little Missouri State Scenic River valley:
“The integrity of the Little Missouri River corridor is significant to the entire state, region and nation in the context of its historic and cultural role in the Native American history of the Upper Great Plains . . .” and an “undeveloped area will provide significant public benefit via the tremendous scenic qualities . . .”
Water tanker trucks and dry riverbeds don’t contribute much to the “integrity” or “scenic qualities” of the Little Missouri State Scenic River valley. Are you going to let that happen? Or are you going to accept your responsibility as Governor of the WHOLE state, and the WHOLE Little Missouri State Scenic River, and veto the section of HB 1020 that opens up the river valley to industrialization by the oil industry? The Little Missouri State Scenic River is counting on you, Governor Burgum. You decide.
Governor Burgum, please read, and contemplate a little bit, this poem from my dear friend Debra Marquart, written before the bust. Debra is a native North Dakotan who, like you, cares deeply about her state, Governor Burgum. Read this and maybe you’ll give that veto power just a little more consideration.
By Debra Marquart
north dakota, I’m worried about you
the company you keep all these new friends north dakota
beyond the boom, beyond the extraction of precious resources
do you think they care what becomes of you
north dakota, you used to be the shy one
enchanted secret land only by a few north dakota
when I traveled away and told people I belonged to you north dakota
your name rolled awkwardly from their tongues
a mouth full of rocks, the name of a foreign country
north dakota you were the blushing wallflower
the natural beauty, nearly invisible, always on the periphery
north dakota the least visited state in the union
now everyone knows your name north dakota
the blogs and all the papers are talking about you even 60 minutes
I’m collecting your clippings north dakota
the pictures of you from space
the flare ups in your northern corner
like an exploding super nova
a massive city where no city exists
a giant red blight upon the land
and those puncture wounds north dakota take care of yourself
the injection sites i see them on the maps
eleven thousand active wells one every two miles
all your indicators are up north dakota
four hundred billion barrels, some estimates say
more oil than we have water to extract
more oil than we have air to burn
north dakota you could run the table right now you could write your own ticket
so, how can I tell you this? north dakota, your politicians
are co-opted (or cowards or bought-out or honest and thwarted)
they’re lowering the tax rate for oil companies
they’re greasing the wheels that need no greasing
they’re practically giving the water away
they’ve opened you up and said, take everything
north dakota dear sleeping beauty please, wake up
what will become of your sacred places,
what will become of the prairie dog
the wolf, the wild horses, the eagle
the meadowlark, the fox, the elk
the pronghorn antelope, the rare mountain lion
the roads, the air, the topsoil
your people, your people,
what will become of the water?
north dakota who will ever be able to live with you
once this is all over I’m speaking to you now
as one wildcat girl to another be careful north Dakota