ATTORNEY GENERAL WRIGLEY ANNOUNCES THAT THE EIGHTH CIRCUIT COURT OF APPEALS HAS AFFIRMED A VICTORY FOR THE STATE

05 May ATTORNEY GENERAL WRIGLEY ANNOUNCES THAT THE EIGHTH CIRCUIT COURT OF APPEALS HAS AFFIRMED A VICTORY FOR THE STATE

May 5, 2025

_{Media Contact: Suzie Weigel, 701.328.2210}

BISMARCK, ND – Attorney General Drew Wrigley announces that the Eighth Circuit Court of Appeals has affirmed a victory for the State on a long-running dispute relating to whose law—the State’s or the Federal Government’s—defines the historic Ordinary High Water Mark for portions of the Missouri River.

The legal dispute, which began in 2016, involves mineral royalties from below Lake Sakakawea. For the lands at issue, it is undisputed that the State owns the historic riverbed channel up to the Ordinary High Water Mark, as it existed prior to Lake Sakakawea’s creation in the 1950s, and the Federal Government owns submerged lands on the other side of the Ordinary High Water Mark. North Dakota law defines the Ordinary High Water Mark slightly differently than Federal law, affecting the payment of significant amounts of mineral royalties. And the issue disputed by the parties was which sovereign’s law defines that boundary when the State-owned riverbed channel abuts Federally owned submerged lands. The majority of a three-judge Eighth Circuit panel agreed that State law defines it.

“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. The United States hasn’t indicated yet if they intend to appeal this decision to the Supreme Court, but our Office will stand ready to defend it.”

A copy of the Eighth Circuit’s decision is attached.

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