After a nearly five-hour hearing before a packed house Tuesday night, the McLean County Commission voted unanimously to reject a wind farm siting plan submitted by Apex Energy.

Company officials have been working to develop the project in a joint effort with Rainbow Energy. Power generated by the proposed 426-megawatt Discovery Wind project, located on more than 30,000 acres generally east of Washburn, would be delivered to the grid on Rainbow's high-voltage direct current transmission line, which it acquired as part of its purchase of Coal Creek Station in 2022.

Brie Anderson, director of project permitting for Apex, said the company had worked closely with landowners and local, state and federal government entities in the development of its siting plan.

Click here to listen to Anderson's comments.

Anderson said the company had obtained voluntary agreements from more than 100 landowners for 106 potential turbine sites, only 94 of which would be used. Despite the company's declaration that it had sought public support for the project, about a dozen area landowners testified in opposition to the project. Most cited safety concerns associated with heavy truck traffic and its potential to damage county and township roads, as well as the adverse impact on wildlife.

McLean County Highway Superintendent Jim Grey said most roads have maximum weight limits of 80,000 pounds, so could not handle a truck hauling a wind turbine nacelle, which can weigh upwards of 200,000 pounds or more. Neil Kadrmas, representing the Washburn Airport Authority, said even though Apex provided a buffer around the airport, there were concerns the wind farm could pose a hazard to aircraft approaching and departing the airport, planes flying over or near the wind farm, and it would negatively affect aerial herbicide and pesticide applicators. 

Near the end of the hearing, Rainbow Energy President Stacy Tschider emphasized the power generated by Discovery Wind would supplement power generated by the coal-fired plant, a portion of which is being used on-site for a data center and planned future operations. Tschider said because power is used on site, there is capacity for wind power on the HVDC transmission line.

Click here to listen to Tschider's comments.

Commissioner Steve Lee said the county would like to see a road use plan, which the company said would be provided once it determines which turbine sites will be used. But based on the multiple concerns expressed about the Discovery Wind site plan, Lee made a motion at the conclusion of the hearing to reject the proposed site.

Click here to listen to Lee's comments.

Apex testified during the hearing that the project would pay about $1.79 million annually in taxes, 42 percent of which would support local entities in McLean County. It's unclear what the company's next step will be in the siting process.

The state of North Dakota has budgeted $15 million in the 2023-24 biennium for litigation, primarily for lawsuits against the federal government, in an effort to defend its energy and agriculture industries against regulatory overreach.

Gov. Doug Burgum, in a presentation the interim Energy Development and Transmission Committee, thanked the legislature for funding the state's legal efforts. But Burgum said given the Biden administration's continuing "onslaught of new regulations," North Dakota may need to spend even more on its legal defense in the next biennium.

Click here to listen to Burgum's comments.

Burgum said many of the federal regulations are aimed at the oil, gas and coal industries, which provide well over half of the state's general fund tax revenue. He said the Biden administration is justifying the regulations based on its climate agenda, ignoring the fact that shutting down US fossil fuel production will only shift the production to other countries, many of which are US adversaries.

Burgum said the Biden agenda is targeting baseload power generation at the same time it is attempting to promote electric vehicles and other efforts to electrify the US economy, a plan which Burgum said ignores economic reality.

Click here to listen to Burgum's comments.

Other representatives of the executive branch also testified before the committee. Dave Glatt, director of the ND Department of Environmental Quality, said he's never seen this level of federal regulation in his career. Even worse, Glatt said, is that many of the proposed regulations from the US Environmental Protection Agency will do nothing to improve the environment, a fact which he said the EPA's own studies confirm. He said North Dakota has done a good job of addressing environmental issues in the state, and needs to continue pushing back on unnecessary federal regulations.

Click here to listen to Glatt's comments.

Glatt said unfortunately, states may need to allow some of the needless, expensive regulations to go forward so the public can see the negative effects, before the pendulum will swing back to more common sense policies.

Click here to watch video of the committee hearing. Click here to read about legislation enacted in Utah that prohibits state enforcement of a federal directive if the legislature determines it violates the principles of state sovereignty.

North Dakota oil production in February rebounded to an average of just under 1.25 million barrels per day, following a slump in January attributable to a stretch of brutally cold weather.

One of those barrels produced in late February was the 5 billionth since production in the Bakken and Three Forks formations began, according to Lynn Helms, director of the Department of Mineral Resources. Helms, during his monthly Director's Cut news conference, said it's a big deal considering production from horizontal drilling and fracking has only been happening a little over 15 years.

Click here to listen to Helms' comments.

Helms said North Dakota producers have been realizing a good price for crude, very close to the state's forecast, which he said is enough to encourage additional drilling and production activity.

Click here to listen to Helms' comments.

Helms was asked about his thoughts on upcoming lease sales by the Bureau of Land Management. He said the June sale list is disappointing with only seven parcels offered, and only two of those would be considered high priority. But Helms said the proposed list of parcels for the October lease sale looks much more promising.

Click here to listen to Helms' comments.

Helms said several of the parcels proposed for sale in October are under the Van Hook Arm, an area that has seen some highly productive wells. He said the state's relentless push to force the BLM to conduct quarterly lease sales in accordance with federal law may finally be making an impact.

Click here to read or download the April Director's Cut.

North Dakota Congressman Kelly Armstrong received the Republican endorsement for governor at last weekend's state GOP convention, and announced Fargo Rep. Michelle Strinden as his running mate for lieutenant governor.

Strinden, who was first elected to the ND Legislature in 2018, serves on the House Appropriations Committee. She said she is honored by Armstrong's selection, and support his goals to foster growth and unity across North Dakota. 

"During my time in the legislature, I've championed initiatives that matter most to our communities, from enhancing literacy to supporting veterans and expanding school choice," she said. "As we move forward, I am eager to share our vision for a prosperous North Dakota, where every individual has the opportunity to succeed."

Strinden, who was born in Grand Forks and raised in Bismarck, is the daughter-in-law of former House Majority Leader Earl Strinden. She holds a bachelor's degree in Secondary Education from UND, and a master's degree in Counseling from Minnesota State University - Moorhead.

Armstrong, a Dickinson native, was twice elected to the North Dakota Senate before being elected to Congress in 2018. He is a former chairman of the North Dakota Republican Party, and holds a law degree from UND.

Armstrong's opponent for the GOP nomination, current Lt. Governor Tammy Miller, did not participate in the convention. Miller has picked Commerce Commissioner Josh Teigen as her running mate. The Democratic-NPL candidate is Fargo Sen. Merrill Piepkorn, who has chosen previous Dem-NPL Chairman Patrick Hart as his running mate.

The North Dakota Department of Transportation has awarded grants totaling $84 million to 66 local projects from its Flexible Transportation Fund created by the 2023 Legislature. 

One of the largest grants awarded was $7.575 million to Stark County for a project that will pave county roads to effectively create an east bypass around the City of Dickinson, connecting Interstate 94 to Highway 22 north of the city. Truck traffic from the east planning to travel north must now navigate a busy four-lane road that has seven traffic lights between Interstate 94 and the open stretch of Highway 22 to the north. The county has been working with Northern Plains Engineering, which has already completed the design work, so the bypass could be considered a “shovel ready project.” Its total estimated cost is $12.1 million.

Several other projects in western North Dakota's oil-producing region also received funding. The City of Beach will use a $4.3 million grant for a street reconstruction project, the total cost of which is estimated at $7.2 million.

Divide County will receive a $2.5 million Flex Fund grant to pave 12 miles of County Road 3, which connects another county road to Westby, Montana on the state border. Heavy trucks associated with new oil drilling activity in the area have taken a toll on the road, which is also a primary corridor for school bus traffic between Grenora and Westby. Total cost of the work is estimated at just over $6.2 million.

Burke County was awarded a $595,000 grant for preliminary engineering work on a project that would pave 12 miles of County Road 8 west of Bowbells, which connects ND Highway 8 to another major county road. The current surface is gravel that has had a cement treatment to harden the road and reduce dust. 

Bowman County was awarded Flex Fund grants for three separate projects. The county was awarded $800,000 to go toward a $1.3 million bridge replacement project; a $100,000 grant was awarded for engineering work on improvements to a one-mile section of a township road on the east side of Bowman; and $72,000 for engineering work on a road reconstruction project.

Billings County will receive a $175,000 grant for preliminary engineering work on a shared use path and bridge on East River Road, which runs south of Medora. 

One project in Coal Country will also receive funding. The city of Beulah was awarded a $1.26 million grant for preliminary engineering on reconstruction of several blocks of Main Street in the city.

In all, the Flex Fund program provides $222.5 million to NDDOT for improvements to transportation infrastructure on and off the state highway system, including within townships, cities, counties, and tribal reservations. 

“There was a very high interest level among local partners in the initial Flex Fund rollout which highlights the need for transportation funding across the state,” said NDDOT Director Ron Henke. “This program shows the commitment of the state legislature, governor and NDDOT to provide the needed funding to safely move people and goods.”

The NDDOT received 264 applications for the program totaling more than $674 million in project costs.

Click here to see a map with a complete list of projects. Click here to read a Dickinson Press article about the eastern bypass.

North Dakota Gov. Doug Burgum and 21 other Republican governors are calling on the Environmental Protection Agency to pause implementation of a new rule tightening limits on fine particles in the air until state concerns can be addressed. 

In a letter to EPA Administrator Michael Regan, the governors said the new rule is especially problematic for western states that are prone to dust storms and wildfires, which can elevate levels of particulate matter. It also pointed out many of the wildfires occur on federally-managed land, meaning states have no control over the problem. 

The said rural communities and small businesses will be forced to make air quality changes at a higher cost per capita than other areas and will struggle to meet the standards.

“This one-size-fits-all rule is the wrong approach and particularly burdensome to states like North Dakota where air quality is frequently degraded by wildfire smoke from western states and Canada that is beyond our control,” Burgum said. “This new EPA standard ignores the progress made in reducing particulate matter over the last 20 years and threatens to drive up costs for industry and consumers and damage our economy.”

The EPA claims the rule, scheduled to go into effect May 6, protects “millions of Americans from harmful and costly health impacts, such as heart attacks and premature death.”

In addition to Burgum, the letter was signed by the Republican governors of: Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nevada, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.

Voters in the Williston Basin School District #7 will go to the polls next Wednesday, April 17, to consider whether to approve a $35 million bond issue to fund construction of a new elementary school in the district.

The estimated total cost is $55 million, with the district contributing $20 million from district building funds. The funding will be used to build and equip a new elementary school, to buy land for the school, and to improve, renovate and equip other school property.

The proposed school will be located on a 15-acre parcel in Williston Square (the old airport), to be purchased at a cost of $1.2 million. A second site not chosen was near the intersection of 11th St W and 32nd Ave W.

The new building will have capacity for 600+ students and allow the district to bring fifth graders back into elementary schools from Williston Middle School Central Campus. It will also allow elementary facilities to operate at or below the goal of 25 students per classroom and start to reduce reliance on non-permanent modular classrooms, although they will not be removed until a second elementary project is approved. The site will accommodate off-street pick-up and drop-off, busing, and playgrounds and fields for the facility.

The district's primary challenge is its growing enrollment. A recent demographic study projects an enrollment increase of about 1,000 students within the next five years. The current capacity allows for about 2,200 elementary students, including multiple modular classrooms.

Passage of the $35 million bond issue would result in a property tax increase of $44.64 annually per $100,000 of taxable valuation on residential property, and $49.68 per $100,000 for commercial and agricultural property.

Voting will take place at four locations in the city:

The ND State Water Commission approved $107 million in cost-share requests this week, funding 26 projects including $1.35 million for pre-construction efforts related to the Fort Berthold water treatment plant, intake, and raw water line project.

“This is great win for us,” MHA Nation Councilman Robert White said. “The House bill recognizes that we are North Dakota citizens and gives us the opportunity to get funding as other communities do. It’s going to mean a great deal for our community.”

The Fort Berthold project has an estimated future cost of $30 million, which would make it the largest project considered for cost-share with a tribal nation after the 2023 North Dakota Legislature unanimously passed HB 1385. State law previously only allowed the SWC to enter into cost-share agreements with North Dakota political subdivisions, the federal government, other state political subdivisions and Canadian provinces. Tribal Nations were not identified as an eligible partner for funding assistance.

“The cost-share projects approved highlight our state’s commitment to strengthening tribal partnerships and relationships as well as providing permanent protection against catastrophic flooding,” said Lt. Governor Tammy Miller, who chairs the Water Commission. “By helping local sponsors fund these critical infrastructure projects, we’re making North Dakota a more resilient and attractive place to live, work and raise a family.”

The SWC also approved $76.1 million to the Souris River Joint Water Resource District for the Mouse River Enhanced Flood Protection Project. Funding for the project was identified by the 2023 Legislature under Section 14 of SB 2020, the Department of Water Resources’ appropriation bill, for acquisition, engineering and construction costs.

“The State of North Dakota is proud to continue its ongoing partnership with the Souris River Joint Water Resource District and the City of Minot to provide flood protection along the entire Mouse River corridor,” DWR Director Andrea Travnicek said. “Advancement of the Mouse River Enhanced Flood Protection Project is a high priority for DWR and the SWC, and we’re excited to see their incredible progress toward flood resiliency in that region of our state.”

Since the beginning of the 2023-2025 biennium funding cycle, the SWC has approved cost-share totaling more than $331 million for water supply, flood protection and other general water management projects across the state. Funding comes from the state's Resources Trust Fund, which receives 20.5 percent of oil extraction tax revenue collected in the state.

By Merrilee Gasser |The Center Square

North Dakota’s economic outlook is among the brightest in the nation despite its economic performance ranking in the bottom 15, a new report shows.

The American Legislative Exchange Council, a nonpartisan membership organization of state legislators, ranked states based on their economic performance over the last decade and for their forecasted economic outlook in the annual edition of its Rich States, Poor States report. North Dakota has consistently received a higher score for its economic outlook in recent years, but its economic performance fell this year from 22nd to 37th, the report shows.

The report's Economic performance metric looks at the last ten years from 2012 to 2022 and includes the state gross domestic product, absolute domestic migration, and non-farm payroll employment. North Dakota’s state gross domestic product ranked 38th this year, a steep drop from 14th in last year’s report.

The state gained 7,682 residents in domestic migration from 2013 to 2022, though the entirety of those gains happened between 2013 to 2015. From that point on, North Dakota has lost residents every year, the report shows.

North Dakota’s non-farm payroll employment slipped to 47th, trending below the U.S. average. On the flip side, North Dakota ranked in the top ten for its economic outlook, which takes into account state policy variables directly influenced by state lawmakers, the report said.

North Dakota’s top marginal personal income tax rate ranked 10th at 2.5% and its top marginal corporate income tax rate was 4.31%, the report found. Personal income tax progressivity, which is the change in tax liability per 1,000 of income, was $10.84. The state’s sales tax burden received a middling ranking at $23.89 per $1,000 of personal income. Its property tax burden ranked 17th at $24.50 per $1,000 of personal income. The remaining tax burden was $15.65, the report said.

Recently legislated tax changes show a decrease of $6.57 per $1,000 of personal income. Debt service as a share of tax revenue was 6.01%, ranking 36th overall. North Dakota performed well by not levying an estate/inheritance tax.

The state received its lowest economic outlook score for its number of public employees. North Dakota has a little over 633 public employees per 10,000 of its population.

North Dakota’s liability system survey, which looks at tort litigation treatment and judicial impartiality, ranked 6th.

North Dakota ranked first for its state minimum wage, which is the same as the federal floor of $7.25. It also ranked at the top for its average workers’ compensation costs, which was $0.58 per $100 of payroll. North Dakota also did well by being a right-to-work state, which gives workers the option to join or support a union.

County road managers and oil industry trucking interests will have an opportunity to discuss common concerns and share best practices at a Western Energy Roundtable set for May 22 at the Rough Rider Center in Watford City. 

The event is co-hosted by the Western Dakota Energy Association and the ND Local Technical Assistance Program. The event will get underway at 10:00 a.m. with an operations overview from the ND Department of Transportation. WDEA will also provide an update on its recent activities.

The agenda also includes a law enforcement panel that will discuss issues in the oilpatch, a presentation on carbon education and marketing, and a preview of issues likely to come up in the 2025 Legislature. The program also includes a panel on oversize truck permitting, an oil industry panel, and an update from MHA Nation and its road department. The event concludes with an open mic discussion of other issues of concern.

Registration is free and lunch will be provided. Interested persons are urged to register early so name tags can be prepared and organizers can get an accurate headcount for lunch.

Click here to register.

Governor Doug Burgum has announced the upcoming retirement of Major General Alan Dohrmann, adjutant general of the North Dakota National Guard. 

Dohrmann was appointed adjutant general and Emergency Services director in December 2015 by then-Governor Jack Dalrymple. He had previously served as deputy adjutant general for eight years and as commanding general of the Multinational Task Force East that supported NATO’s mission in Kosovo in 2009-2010.

“It has been a distinct honor to serve as North Dakota’s Adjutant General,” Dohrmann said. “I am incredibly proud of what our soldiers, airmen and civilian employees of the Department of Emergency Services and North Dakota National Guard have achieved, and I will miss working with this incredible team.”

Dohrmann submitted his formal resignation letter earlier this month, effective September 30.

“Maj. Gen. Dohrmann has dedicated more than four decades of his life to protecting our state and nation and defending our freedom, and we owe him a tremendous debt of gratitude,” said Governor Burgum. “Whether it’s Army National Guard soldiers serving at the southern border and protecting our nuclear weapons, our Air National Guard’s Happy Hooligans patrolling the skies at home and overseas, or Guard members safeguarding communities during major floods, Maj. Gen. Dohrmann’s leadership has ensured our National Guard members are well-trained and well-prepared to succeed in their missions.”

View Dohrmann's resignation letter here. Read more about Dohrmann's career here.

More cloud cover and a couple precipitation systems offered some interesting photo opportunities this week across western North Dakota, and a few of those stunning scenes were capture by the high-resolution cameras on Wise Roads weather stations. Photos from Wise Roads cameras are updated continuously throughout the daylight hours on the Wise Roads web page.

The Wise Roads project (Weather Information System to Effectively Reduce Oilfield Delays and Disruptions) was developed by WDEA to increase the efficiency of the movement of oilfield truck traffic. Most weather stations were placed in the core area of Bakken production, focusing on Dunn, McKenzie, Mountrail and Williams Counties. The project provides more accurate weather information to county road managers, especially about rain events, to minimize the need to impose weight restrictions when gravel roads get wet. It was developed in partnership with NDAWN, which maintains the stations for WDEA. The project was also assisted with a $250,000 grant from the Oil & Gas Research Council.

Fifty new stations have been installed, 39 of which are located in the four core oil-producing counties. Prior to the start of the project, Dunn and McKenzie Counties had just one station each, Mountrail County had three and Williams County had four. Weather station data and high-resolution photos can be found at wiseroadsnd.com. Additional information is also available from NDAWN. 

Featured shots this week are clockwise from upper left: Arnegard, with a rainbow trailing a passing shower; Poker Jim, just after sunset with a barely visible crescent moon; Croff, with some wispy clouds associated with a rain shower; and Alexander, with a colorful landscape tinted orange by the setting sun. Click on the link for a high-resolution image.