Attorney General Drew Wrigley has announced that the Eighth Circuit Court of Appeals has upheld a victory for the State of North Dakota in a legal dispute concerning the Ordinary High Water Mark for parts of the Missouri River. This case, which began in 2016, centers on mineral royalties from beneath Lake Sakakawea.
The disagreement involves whether state or federal law defines the historic Ordinary High Water Mark, impacting who receives mineral royalties. The State claims ownership of the riverbed channel up to this mark as it existed before Lake Sakakawea’s creation in the 1950s, while submerged lands beyond this point are federally owned. North Dakota and federal laws define this boundary differently, affecting royalty payments.
A three-judge panel from the Eighth Circuit largely agreed with North Dakota’s position that state law should define this boundary. Attorney General Wrigley commented on the decision: “This case presented some thorny legal questions,” adding that he believes “the Eighth Circuit’s decision properly recognizes the fundamental role that State law traditionally plays in defining property boundaries within our federalist system.”
The United States has not yet indicated if they will appeal to the Supreme Court. Wrigley assured that his office is prepared to defend the ruling if necessary.
