Central ND News

Attorney General Drew Wrigley announced that the Eighth Circuit Court of Appeals has affirmed a decision in favor of the State of North Dakota. The case involves a dispute over which law, state or federal, defines the historic Ordinary High Water Mark for sections of the Missouri River.

The legal battle, initiated in 2016, concerns mineral royalties beneath Lake Sakakawea. It is acknowledged that the State owns the historic riverbed channel up to the Ordinary High Water Mark as it existed before Lake Sakakawea was formed in the 1950s. The Federal Government owns submerged lands beyond this mark. The laws defining this boundary differ between North Dakota and federal regulations, impacting significant mineral royalty payments.

The primary issue was determining which jurisdiction's law should define this boundary when state-owned riverbed channels meet federally owned submerged lands. A majority on a three-judge panel from the Eighth Circuit concluded that state law should be used.

"This case presented some thorny legal questions," said Attorney General Wrigley. "However, we think the Eighth Circuit’s decision properly recognizes the fundamental role that State law traditionally plays in defining property boundaries within our federalist system, even when the Federal government acquires property on one side of that boundary." He added that while there is no indication yet if an appeal to the Supreme Court will be made by the United States, his office is prepared to defend this decision if necessary.

A copy of the court's decision is available for review.