Bismarck, N.D. (AP) The state Water Commission engineer says it was a surprise to see minnows in the transition structure of the Devils Lake outlet.

Engineer Dale Frink says the outlet was shut down Wednesday. He says crews will pull the intake structure on shore next week and take a closer look at it.

The move comes after outlet opponents threatened a lawsuit.

They've given the state Water Commission and state Health Department 60 days to correct the problem or shut down the outlet.

The outlet drains Devils Lake floodwater into the Sheyenne River and ultimately the north-flowing Red River. Manitoba officials worry that fish and other smaller organisms will pollute their waters. North Dakota officials say that won't happen.

Frink says the minnows are common. He says the greater question is how they got into the outlet's intake structure.

The Devils Lake outlet started operating June 11th - for the first time since 2005. It had been shut down earlier because of a high level of sulfates in the Sheyenne River.

(Copyright 2007 by The Associated Press. All Rights Reserved.) APNP 06-29-07 1649CDT | save this article / add to your favorites list