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TUESDAY, APRIL 16, 2002

The Supreme Court on Monday refused to get involved in a long-running dispute over the ownership of a North Dakota lake, turning away the Spirit Lake Nation's attempt to clarify the muddied issue.

Without comment, the Justices rejected the tribe's case affecting Devils Lake. The move lets stand a federal appeals court decision which threw out the claim to the state's largest natural, freshwater body.

But ownership of the lake is still open for debate, the tribe has pointed out. The only reason its case has been rejected was based on filing the suit too late.

A federal judge in January 2000 did just that and dismissed the claim in favor of the state of North Dakota and several private landowners. The United States was also named.

At the same time, U.S. District Judge Bruce Van Sickle issued a final judgment without considering the legal evidence. The 8th Circuit Court of Appeals in August was then forced to set aside this part of his decision, leaving the ownership of Devils Lake in doubt.

"By instructing the district court to dismiss the tribe’s complaint for lack of jurisdiction, however, the ownership of Devils Lake remains an open question," a split 2-1 panel wrote. "The title dispute remains unresolved."

A dissenting judge put the result in more plain terms and disagreed that the tribe acted too late. "To me, it is analogous to two boxers who have fought for fifteen rounds only to hear the judges say 'we decline to decide who wins and we send the fighters to box in another ring,'" wrote Judge Myron H. Bright.

The next ring for the tribe could be continuing negotiations over the control of the lake. During the 15-year dispute, both sides have kept talks on the table.

The tribe could also ask the Department of Interior to intervene on its behalf, as the Clinton administration did for the Coeur d'Alene Tribe of Idaho. In a split decision, the Supreme Court last year upheld the tribe's authority over the southern third of Lake Coeur d'Alene.

In the Spirit Lake Nation's case, the Bush administration hasn't expressed a view either way. But Solicitor General Ted Olson didn't submit a brief in the case, instead letting the state of North Dakota present its side before the Supreme Court.

The Spirit Lake Nation was formerly known as the Devils Lake Sioux Tribe.

Timeline of Events:
1867 - Treaty creates Fort Totten Reservation.
1889 - North Dakota enters the Union. State argues it assumes title over Devils Lake on this date.
1971 - State relinquishes part of lake to federal government for large water project. State and federal government argue the tribe was put on notice at this point.
1976 - Department of Interior attorney, Reid Peyton Chambers, authors drafts legal memorandum asserting federal government holds lake in trust for tribe.
1981 - Department of Interior backs away from Chambers memorandum. Tribe claims notice was made on this date.
1986 - Tribe files suit for Devils Lake.
1989 - Federal judge dismisses based on prior claim.
1990 - 8th Circuit Court of Appeals reverses.
2000 - Federal judge dismisses based on statute of limitations.
2001 - 8th Circuit affirms.
2002 - Supreme Court denies writ of certiorari.

Get the Case:
SPIRIT LAKE TRIBE v STATE OF ND No. 00-1819 (8th Cir. August 17, 2001)

Only on Indianz.Com:
Supreme Court considering Indian cases (2/19)

Relevant Links:
Spirit Lake Nation - http://www.spiritlakenation.com

Related Stories:
Coeur d'Alene Tribe wins lake ownership case (6/19)