SPIRIT LAKE TRIBE v. STATE OF NORTH DAKOTA

No. 00-1819.

262 F.3d 732 (2001)

SPIRIT LAKE TRIBE, formerly known as Devils Lake Sioux Tribe, Appellant, v. State of NORTH DAKOTA, Garrison Diversion Conservancy District, United States of America, 101 Ranch, a North Dakota Partnership, Ruth Ward, Ralph Ward, Steve A. Ward, Imogene Christensen, Claire Engelhardt, Carlyle Brye, Arnold Yri, Vernyll Yri, Reginal Herman, Eileen Herman, Clifford M. Johnson, Melvin Diehl, Dustin King, Estate of Mabel Solheim, Estate of Minnie Johnston, Francis P. Schneider, Gloria Schneider, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 17, 2001.


Attorney(s) appearing for the Case

Andrew M. Small, Bloomington, Minnesota, argued (Jonathan P. Decatosmith and Jack C. Blair, on the brief), for appellant.

Charles M. Carvell, Bismarck, North Dakota, argued, for appellees State of North Dakota and Garrison Diversion Conservancy District.

James C. Kilbourne, Washington, D.C., argued (Lois J. Schiffer, James Upton, Katherine Hazard, Jeffrey C. Dobbins, and Margot Zallen, on the brief), for appellee United States.

Before BYE, BRIGHT, and MAGILL, Circuit Judges.


BYE, Circuit Judge.

Devils Lake is a large, freshwater lake in northeastern North Dakota. The lake has no natural outlets, so its water level and size fluctuate considerably in response to changing climatic conditions. In the recent past, increased rainfall has slowly raised the water level and expanded the shores of the lake. The incremental expansion has swallowed whole towns, farms, and roads producing breathtaking results. The significant hydrological phenomenon...

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