ND Mineral Owners Doing Their Own High Watermark Surveys?

Hello Everyone,

In a Petroleum News article dated Sept 28, 2014, an official from the North Dakota Dept of Trust Lands is quoted as saying that some fee owners are hiring their own firms to conduct a survey which interprets the ordinary high water mark in a different location and filing lawsuits against the state.

I haven't seen this mentioned anywhere else but does anyone here have personal knowledge of a case where private mineral owners or a federal government agency such as the BLM have actually done this? I'm one of the victims too but don't have deep enough pockets to fight them alone. Please feel free to PM me, even a yes/no answer would be helpful.


Thanks

I am also involved in the high water mark case...After the court decided that the state was the winner and the rest of us were losers I have heard no more about it...I have not read the article but will go back and do so...I was also interested in any information concerning the monies for those who have minerals above the high water mark with the Williston well as we have an interest above the mark and have never received any compensation for those mineral acres...I do understand that if there is any continuing court proceedings monies won't be paid until all is settled...I guess I thought is was pretty much over when the state declared themselves the winner...I had one other question concerning the low water mark...I own minerals below the high water mark and as the state said they get all compensation from these minerals what happens to my mineral deeds...Do I get paid a fair market value for the property(mineral deeds) that the state took from me to call there own or do I just throw them in the trash...When they take your surface acres you get paid so does that not work the same for the mineral acres.. thanks for listening and it is a mess...The family has held these mineral areas since back in the 1920's...

Please explain this theft!

Dogbert, I have been in litigation for several years regarding this very issue. Finally the most wonderful thing occurred. The Senators and the Representatives learned of the distress of mineral owners regarding the exact location of the OHWM. I am more than excited to tell you there are currently two Bills before the legislature to resolve this illegal taking of mineral rights by the N.D. Land Trusts people. The bills are SB 2134 and HR 1199. They currently have been passed on to various committees for further discussion. So far they have recommendations to pass them. The most wonderful news is that they would restore the OHWM to the historic Missouri River OHWM. These bills have to do with the area inundated because of the building of Garrison Dam. I would also share with you that I watched via the Internet as Senator Jessica Unruh spoke in favor of SB 2134 to defend the proper original historical OHWM. She was awesome!! If you go the the N.D. Legislature website you can keep up to date on these bills. I wrote testimony in favor of the bills and my cousin flew there and gave his testimony in person. I also wrote to every Senator and Representative in the legislature to urge the passage of these bills. Much of the money the state received in royalties from these areas have been held in a separate fund. When I learned that, my thought was they must have known what they are doing is wrong. The Emails of all these legislators are also on that website. If any of you reading this want to support the return of mineral rights to the rightful owners, I encourage you to voice your support. I realize your question was about surveying so hopefully this will eliminate your need for that. I know a lot of mineral owners have had to spend a lot of money, unnecessarily, to prove their ownership. My thought is the bills will be consolidated and my greatest hope is the Governor will sign the bill. Our voices raised in favor would be a good idea. This is a great example of the North Dakota Legislators working for the people.