A US federal judge has vacated a court order that limited water releases from North Dakota's Garrison dam, allowing the US Army Corps of Engineers (USACE) to release more water from Lake Sakakawea into the Missouri river.

North Dakota is asking for a preliminary injunction against USACE, requiring it to maintain 986.8Mm3 in Lake Sakakawea to support the fishery.

The restraining order, approved by a state judge on 29 April 2003, required USACE to release no more than an average daily amount of 493.8m3 of water per second through the dam in May 2003.