Spirit Lake Tribe v. North Dakota

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 at Devils Lake forms the backdrop for an equally momentous legal event — a long-simmering dispute concerning ownership of the…