It is unfortunate to see the situation with the Dakota Access Pipeline; however, it is a good study in dysfunctional state government. North Dakota has a program, the Source Water Protection Program (SWPP) that is supposed to help protect drinking water. A previous incident at Ross, N.D., resulted in the Oil and Gas Division now using the information.

The pipeline crossing north of Bismarck was in the area of protection for Bismarck's water. The south crossing is also in a source water protection area for the South Central Rural Water District-Emmons. That protected area extends some 2 ½ miles north of the Cannonball River, with the pipeline crossing within that zone. The pipeline application mentions most of the protected areas, but not that one.

Oil pipelines are supposed to be encouraged to locate in other areas, yet it wasn't in this case. The State Health Department doesn't even mention their SWPP in their letters to the PSC or the state engineer. It seems that the state has a program to protect drinking water, and then ignores it.

The public should not have to show up at every hearing or have the state ignore its own program; this type of information should operate early in the process so costs are avoided.

There can be reasons why such facilities would need to be in a protection area. Everything south of Bismarck until almost to the pipeline is available. Why was the pipeline not put in the unprotected area, what required it to be located where it is? The record is silent.

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Hopefully, state agencies use the SWPP to protect the public and the relationship between the tribes and the state can be improved so they too participate in the regulatory processes of the state.

Nelson is from Rolla and is running for North Dakota governor.