BISMARCK - Opponents of the Devils Lake Outlet and two North Dakota state agencies will be in court today over a modified permit the outlet received last year.
The North Dakota Supreme Court will hear arguments starting at 9:30 a.m.
The outlet has discharged water from the swollen lake into the Sheyenne River sporadically since 2005, with the blessing of a state Health Department pollutant discharge permit.
Opponents in the court case are People to Save the Sheyenne River Inc., Peterson Coulee Outlet Association, National Wildlife Federation and the government of Manitoba. They sued the state Health Department and state Water Commission.
Opponents say the Water Commission should not have received a modified Health Department pollutant discharge permit last year that increased the amount of sulfate allowed in the discharge water.
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They contested the permit modification in court. In April, Northeast District Judge Michael Sturdevant affirmed the Health Department's modified permit, after which the opponents appealed.
Outlet opponents will argue today that the state Health Department didn't follow its own regulations that dictate under what circumstances a water discharge permit may be modified.
The state will argue that the modification was properly granted.
The arguments can be heard live via the court's Web cast at www.ndcourts.gov/court/webcasts.htm .
Cole works for Forum Communications Co., which owns The Forum. She can be reached at (701) 224-0830 or forumcap@btinet.net Outlet appeal in court today Janell Cole 20071010
