U.S. district court modified the injunction to allow all requested construction for the Fargo-Moorhead Area Diversion Project. The project involves the development of a diversion channel and associated infrastructure work package (DCAI WP) designed to protect the Fargo-Moorhead-West Fargo metro area during times of extreme flooding. It consists of a 58 km long and 460 m wide diversion channel, 2 aqueducts, 2 river inlets, various local drainage inlets, the channel outfall, 4 railroad bridges, 4 interstate highway bridges, and 10 county road bridges, as well as associated environmental mitigation and recreational features.

The temporary injunction was placed in September 2017 forcing to cease all the construction work for the project. The motions to modify the injunction were based on the 2018 permit issued for the project by the Minnesota Department of Natural Resources (DNR). The Diversion Authority, the U.S. Army Corps of Engineers (Corps), and the DNR filed briefs supporting building the project due to public safety benefits it can provide. The Richland/Wilkin JPA previously filed briefs opposing commencement of construction.

The court ruled to allow the Diversion Authority and U.S. Army Corps of Engineers to Commence the Public-Private Partnership (P3) process for the Diversion Channel and Associated Infrastructure, Manufacture components and start construction on the Diversion Inlet Structure, Manufacture components and start construction on the Wild Rice River Structure, Start construction of the Western Tieback, Start non-construction design and mitigation work in North Dakota and Minnesota.