The deadline for appeal in the highly followed Reep v. State, 2013 ND 253, 841 N.W.2d 664 has lapsed. It is now settled law in North Dakota that the statute governing interests of grantees in shore zones between high and low watermarks on a navigable lake or stream does not convey State's equal footing interest in minerals under the shore zone to upland landowners.
The question is, “how should operators (or those with leases) along the shorelines treat these minerals?” The answer at this point seems to be simple: make a phone call to the North Dakota Department of Trust Lands. Operators may have already received a letter from the Department of Trust Lands to correct leases that were issued with net acres calculated before the department’s survey was completed. Operators on the river and non-operators with leases on the river should contact the Department of Trust Lands to begin the process of releasing any funds held in suspense.