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PEOPLE TO SAVE SHEYENNE RIVER v. DEPT. OF HEALTH

Nos. 20040376, 20040377.

697 N.W.2d 319 (2005)

2005 ND 104

PEOPLE TO SAVE THE SHEYENNE RIVER, INC. and the Government of the Province of Manitoba, Plaintiffs and Appellants, v. NORTH DAKOTA DEPARTMENT OF HEALTH, and North Dakota Water Commission, Defendants and Appellees. Peterson Coulee Outlet Association, Plaintiff and Appellant, v. North Dakota Department of Health, and North Dakota Water Commission, Defendants and Appellees.

Supreme Court of North Dakota.

June 2, 2005.

Attorney(s) appearing for the Case

William J. Delmore (argued), Kelsch, Kelsch, Ruff & Kranda, Mandan, ND; and Daniel E. Buchanan (appeared), Buchanan Law Office, Jamestown, ND, for plaintiff and appellant, People to Save the Sheyenne River.

Richard A. Wegman (appeared) and Eldon Greenberg (appeared), Washington, D.C., for plaintiff and appellant, Government of the Province of Manitoba.

Dean J. Haas (argued), Office of Attorney General, Bismarck, ND, for defendant and appellee, North Dakota Department of Health.

Matthew Arnold Sagsveen (argued), Office of Attorney General, Bismarck, ND, for defendant and appellee, North Dakota State Water Commission.

Joseph J. Cichy (appeared), Olson Cichy Bliss, Bismarck, ND, for plaintiff and appellant, Peterson Coulee Outlet Association.

Cynthia Wagner Goulet (on brief), Mandan, ND; Richard P. Cool (on brief) and Jill Schlick (on brief), Assistant Attorneys General, Office of Minnesota Attorney General, St. Paul, MN, for amicus curiae Minnesota Department of Natural Resources and Minnesota Pollution Control Agency.

VANDE WALLE, Chief Justice.

[¶ 1] The Government of the Province of Manitoba, the People to Save the Sheyenne River, Inc., and the Peterson Coulee Outlet Association appealed from a district court judgment affirming a decision by the North Dakota Department of Health to grant the North Dakota State Water Commission a permit for an outlet to discharge water from Devils Lake into the Sheyenne River. We conclude the Health Department's issuance of the permit was...

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