On June 26, 2008, the Board authorized the Commissioner of University and School Lands to proceed with an ordinary high water mark (OHWM) survey in cooperation with the State Engineer. The N.D.C.C. 61-33-01 defines sovereign land as “…those areas, including beds and islands, lying within the ordinary high watermark of navigable lakes and streams…” While the results of this study may be used to identify the location of sovereign land ownership, the survey in and of itself was conducted solely to determine the ordinary high water mark and the acres of land below that mark.
Bartlett and West has completed the final report for Task Order #1 of the contract to delineate the OHWM on the Yellowstone River and that part of the Missouri River above river mile #1549. Portions of the Yellowstone and Missouri Rivers that were not delineated under Task Order #1 have now been completed under Task Order #3. The report and supporting maps and documentation for Task Order #1 and #3 are available to download and print on this web site.
Disclaimer: The work completed under this contract is to delineate the ordinary high water mark (OHWM) and is not a final legal determination as to whether any specific property is “sovereign land”.
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