People to Save the Sheyenne River, Inc. v. North Dakota Department of Health

VANDE WALLE, Chief Justice.

[¶ 1] The Government of the Province of Manitoba, the People to Save the Shey-enne 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 not arbitrary, capricious, or unreasonable under the statutory scheme for the issuance of this permit, and we affirm.

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[¶ 2] Devils Lake…