Transboundary Water Disputes on an International and State Platform: a Controversial Resolution to North Dakota's Devils Lake Dilemma
Bibliographic record
Abstract
components of federal and state law.7 For more than fourteen years, attempts to curtail the expansion and flooding of Devils Lake have been a source of contention for the respective governments, as well as for many additional parties, both public and private.8 Not surprisingly, in spite of a recent agreement between the governments of Manitoba and North Dakota on August 5, 2005, 9 that may lead, in substance, to a temporary resolution of the long-running Devils Lake dilemma, 10 a residue of discontent remains for many of the engaged parties.This Note will provide a substantive review of the legal ramifications of international and state-level transboundary water disputes, with reference specifically to the flooding of Devils Lake.The discussion involved in this Note will focus on the following: (1) the relevant environmental law legislation as applied on a state and federal level; (2) the controlling international treaty law; and (3) the possible ameliorative remedies of state nuisance law.The North Dakota Supreme Court's June 2005 decision in People to Save the Sheyenne River, Inc. v. North Dakota Department of Health (hereinafter People) 11 will serve as the center point for the discussion of each area of law as it pertains to the case.After considering the implications and/or applications of each area of law, this Note will analyze the rights and remedies of those substantive areas of law as they pertain to international and state transboundary water disputes.Finally, this Note will attempt to justify the North Dakota Department of Health's decision to build an outlet from Devils Lake into the nearby Sheyenne River to protect North Dakota's citizens from harm, while at the same time outlining broader public policy issues inherent in making large-scale changes to our natural environment.7. See Knox, supra note 2, at 200-02 (indicating that despite the relative frequency of transboundary water pollution disputes, a situation involving multiple states, as well as both Canada and the United States, is an infrequent occurrence).8. Dean Rebuffoni, North Dakota Flood-Control Plan Is Under Fire, STAR TRIB.(Minneapolis, Minn.), May 9, 1997, at 22A. 9. Press Release, State of N.D., Office of the Governor, Joint Press Statement on Devils Lake Flooding and Ecological Protection by the United States and Canada, North Dakota, Minnesota, and Manitoba 1-2 (Aug.5, 2005), available at http://governor.state.nd.us./media/news-releases/2005/08/050806.html[hereinafter Press Release].See generally Clifford Krauss, U.S. and Canada Reach Deal on Draining Lake, N
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.030 | 0.019 |
| Scholarly communication | 0.012 | 0.005 |
| Open science | 0.002 | 0.010 |
| Research integrity | 0.012 | 0.012 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".