A new preliminary injunction has been issued halting construction of a project designed to make the Intake Diversion Dam more fish friendly.

The decision from the Ninth District follows a hearing June 19 to consider new motions from Defenders of Wildlife that sought another injunction against the $57 million project, arguing that not only did the federal agencies fail to cover all the bases that were required by the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act in their environmental study, but that operation of the dam itself is illegal. 

The diversion dam, which generally sits just below the water line on the Yellowstone River near Glendive, raises the water level just enough to divert water into a gravity-based canal system, the Lower Yellowstone Irrigation Project, which delivers water to 58,000 acres of cropland in Montana and North Dakota.


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