Ordinary High Water Mark Study Accepted By The NDIC -- September 29, 2018

Disclaimer: there are opinions interspersed with facts in this post. It may be hard to separate fact from opinion. Do not make any financial or investment decisions based on what you read here. This is a layman's perspective based on newspaper articles. If this information is important to you, go to the source and get professional advice.

NDIC accepts "ordinary high water mark study" results: the state owns 9,500 more acres than originally shown by the US Army Corps of Engineers; mineral owners along the river between New and Williston may find they don't have as many acres as they once thought they did.

The study, directed by the Legislature, aimed to resolve disputes over oil and gas ownership by investigating the accuracy of the 1950s river survey conducted by the U.S. Army Corps of Engineers.

The Industrial Commission’s action determines the ordinary high water mark of the Missouri River. The final report concludes that North Dakota owns about 9,500 more acres than the corps survey of the river showed. The consultant did reduce the state’s ownership by about 900 acres based on “clear and convincing evidence” received during a public comment period last spring.

Josh Swanson, an attorney who represents several mineral owners, said Thursday he’s disappointed by the Industrial Commission’s decision, which he called sanctioning “a blatant taking of thousands of acres of mineral acres of private landowners.”

My understanding is that the study, at the NDIC website, which has been previously linked, is the study that the NDIC accepted. The links are at this post.

Two additional comments:

• it appears that some of the best oil locations in the Bakken are along the river between New Town and Williston
• 9,500 acres / 640 acres = 14 sections

How big is 14 sections? One of the very best fields in the Bakken is the Helis Grail; it is 30 sections in size (at the time of the original post).

Individuals who originally homesteaded may have had 160 acres, and over time, some successful farmers may have put together a section of land, or 640 acres (some may have done much, much better; I don't know). But if one's entire 160 acres were within the state's OHWM land, this would be an incredible blow.

If one bought mineral rights years ago in this contested area, and one has clear title to those mineral rights, I have no idea how that title-transfer process works. I guess that's why one buys "title insurance" when buying "real estate." Am I getting too far ahead of my headlights? See disclaimer above.

The original study was done in 1950? For almost 70 years that study was accepted by the state? I must be missing something.

************************************************

British Week At Central Market, Southlake, TX